piyu7444
05-08 07:15 PM
What if your old employer cancels your I-140? In that case wouldn't it be better to have informed USCIS that you changed jobs?
After 180 days if employer cancels I 140 it does not matter......:)
After 180 days if employer cancels I 140 it does not matter......:)
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dixie
01-25 04:52 PM
First of all, everyone on this forum knows that Bush was never the obstacle for skilled immigrants - his restrictionist partymen in congress are the problem. So what purpose does this story serve and how in the wide world is this "promising"? We have been hearing such "promising news" for the last year now with nothing actually happening.
TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
Jaime
09-11 04:01 PM
by coming to DC!!!
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nlssubbu
10-02 11:38 AM
Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
more...
sapota
03-17 03:02 PM
That is so not true. Even though Dallas was faster than Philly, it only cleared labor for 2003 and earlier filers in 2005. Essentially Dallas mostly cleared only those cases in 2005 which were stuck at regional and not state level. My labor was cleared in late 2006.
I know cos I am one such unfortunate case.
I know cos I am one such unfortunate case.
natrajs
09-03 10:06 PM
MS + 0 yrs Exp is fine as long as the Job requirments clearly define that they need MS + 0 Yrs Exp
more...
485Mbe4001
01-25 04:27 PM
:D he also wants his approval rating to cross 50%, bring world peace... State of the Union is something you should watch with a bag of popcorn or chips.
TOI has a history of copy and paste jobs, they will make it sound like Bush is sending his own plane to get educated desis to US
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
TOI has a history of copy and paste jobs, they will make it sound like Bush is sending his own plane to get educated desis to US
http://timesofindia.indiatimes.com/Bush_wants_more_young_Indian_minds_in_United_State s/articleshow/1461553.cms
This is very promising and can help our IV team to press on for relief provisions for Skilled workers already here.
Good luck to us all.
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gc_chahiye
10-31 03:22 AM
WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.
H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.
See http://www.murthy.com/chatlogs/chat0106_P.html
Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?
Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.
H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.
See http://www.murthy.com/chatlogs/chat0106_P.html
Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?
Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.
more...
sledge_hammer
06-15 03:44 PM
Hi kak1978,
what's the process for getting the "Account verification letter for Immigration purposes" from BOA?
Thanks!
I had a account in Bank of America, and they sent me a letter when i asked them to send a "Account verification letter for Immigration purposes" They charged me $10 for that and took around a week. See if you can open a account at a local bank and try transfering the money to that account, Before you decide on opening a account , confirm if they issue such a letter.
what's the process for getting the "Account verification letter for Immigration purposes" from BOA?
Thanks!
I had a account in Bank of America, and they sent me a letter when i asked them to send a "Account verification letter for Immigration purposes" They charged me $10 for that and took around a week. See if you can open a account at a local bank and try transfering the money to that account, Before you decide on opening a account , confirm if they issue such a letter.
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edaltsis
11-12 11:58 AM
From the day you file your case you are legal to work with your new employer until its approval or denial. When you file your case (filed in normal processing without including paystub) sometimes they just approve it and sometimes they ask for a current paystub for evidence to close the case as approved. As you start working for your new company you would get a pay stub which can be used for the query.
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tinuverma
03-17 12:51 PM
Hello everyone,
My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:
The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?
Thanks
My current project is ending. My client company has offered to take me full time and I am considering H1 transfer or using my EAD. Here is my Q:
The client company is small. Will that be an issue? Is there a minimum requirement on how big the company has to be able to use EAD safely?
Thanks
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apahilaj
07-19 07:11 AM
Hi Seahawks,
I had a question regarding your post - you mentioned that if you are filing with your spouse, there's another form you have to file. I filed along with my spouse and I did not have to fill out any special form; my attorney did not ask for any special form for my spouse and neither did he ask for my tax information.
Can you please provide details of this form you are talking about? My application has already reached USCIS in the begining of July.
Am I expecting an RFE on it? Thanks.
I had a question regarding your post - you mentioned that if you are filing with your spouse, there's another form you have to file. I filed along with my spouse and I did not have to fill out any special form; my attorney did not ask for any special form for my spouse and neither did he ask for my tax information.
Can you please provide details of this form you are talking about? My application has already reached USCIS in the begining of July.
Am I expecting an RFE on it? Thanks.
more...
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REQUIRE_GC
07-13 10:08 AM
This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.
I agree with Eb2India, It appears to be a mistake or typo on the part of USCIS.
You should approcah them. Hopefully they will react the same way as his case and you will get extended EAD. Goodluck
I agree with Eb2India, It appears to be a mistake or typo on the part of USCIS.
You should approcah them. Hopefully they will react the same way as his case and you will get extended EAD. Goodluck
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GCard_Dream
01-31 01:09 PM
Hmmm.. I wonder if that's really the case. H1B extensions past 6 years is only allowed if the petitioner :
1. has a approved labor and 365 days have passed. OR
2. has a approved I-140
Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
1. has a approved labor and 365 days have passed. OR
2. has a approved I-140
Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
more...
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GC08
07-08 08:37 PM
Correct - None is the answer! My law firm (Fragomen) didnt ask for them when they submitted my docs on JUly 2. Maybe they are needed if the USCIS comes back with an RFE.
I think if your case is pretty straight forward, there should be no problem without W2. What's the point to have it anyway? Some people do not even work for the petition employer since GC is for a future job. Right?
I think if your case is pretty straight forward, there should be no problem without W2. What's the point to have it anyway? Some people do not even work for the petition employer since GC is for a future job. Right?
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paskal
12-19 03:12 PM
Dear MN members,
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
Mark you calenders for the teleconference on Tuesday the 26th December at 9pm CST. Details forthcoming. Agenda is open at this time, suggestions are welcome as we finalise. Members from WI/IA/IL/Dakotas are welcome to join in, we can have an upper midwest caucus.
Please indicate your availibility by posting here,
Thanks!
remember the fund raising and add a member camoaign, please join if you have not done so already.
more...
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fromnaija
12-02 08:14 PM
>>>You cannot transfer to H4, since the 6 year limit is for the "H" category<<<<
I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.
H4 and H1 times have been decoupled. I believe you could change to H4 even after six years on H1. Check with your lawyer.
So, if you do not want to change to F1, your strategy could be a combination of the following:
start your GC process now, change to H4 if your H1 expires before your I-140 is approved, apply for premium processing of I-140, apply for three year H1 extension after your 140 is approved.
I thought this rule changed couple of years back. H4 time is not considered towards H1B anymore and generally the spouses who were on h4 became eligible for full 6 years of H1B. Isn't this right? Sorry for testing your patience with too many questions. Generally I am a cool head but I guess I have been way overcool on this issue.
H4 and H1 times have been decoupled. I believe you could change to H4 even after six years on H1. Check with your lawyer.
So, if you do not want to change to F1, your strategy could be a combination of the following:
start your GC process now, change to H4 if your H1 expires before your I-140 is approved, apply for premium processing of I-140, apply for three year H1 extension after your 140 is approved.
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GC_1000Watt
01-24 09:05 PM
Thank you very much and I sincerely appreaciate advices from all of you. Can some one please claify some other question i have on this topic. Any inputs means a lot to me.
USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.
1. If my employer is filing new H1 application why i should go with premium processing? why not regular.
2. Am i out of status now?.
3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.
Thanks in advance.
Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.
I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
USCIS gave RFE before denying the petition. in RFE they asked for Client letter and I submitted client letter. I don't have denial notice with me and don't know the reason of denial.
1. If my employer is filing new H1 application why i should go with premium processing? why not regular.
2. Am i out of status now?.
3. Can i do H1 transfer now if someone offers fulltime. Should i tell them that my previous H1 application denied if they are willing to transfer.
Thanks in advance.
Your employer can file a new H1B extension petition with the documents covering the problems that caused the first denial. Now the lawyer should attach a letter notifying USCIS about the the first denial and than asking them for adjustment of status.
There is no annual cap. (or may be 300,00) on H1b extension cases. Hence in your case irrespective of your denial, you can file fresh extension one more time & making sure that you are not missing anything and a letter to USCIS mentioning your previous denial case.
I am telling you this on my own experience. And mind you this is not a time for you to be cheap. Please consult with a good lawyer.
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smileyslimey
11-30 09:47 AM
Thanks, honge_kamyaab.
Your point is well taken.
But, my doubt is on the premise that a new H1-B can be obtained based on a previous approved I-140 or Labor Cert. However, if I am changing industries, my job function and description are both changing. In that case, can I use the fact that I had an I-140 from a previous employer in a different industry for a new H1?
Appreciate your help.
Regards.
Your point is well taken.
But, my doubt is on the premise that a new H1-B can be obtained based on a previous approved I-140 or Labor Cert. However, if I am changing industries, my job function and description are both changing. In that case, can I use the fact that I had an I-140 from a previous employer in a different industry for a new H1?
Appreciate your help.
Regards.
pappu
09-05 06:08 PM
There is already a big thread (IV spotlight sticky) on this topic. You should get all info from there. Could you try searching else someone else on the forum can help post the link. That should answer all your questions.
fasterthanlight�
06-06 02:55 PM
Hahah ya i know, it was pretty much sarcasm.
