dealguy007
05-12 06:29 PM
u can stay with A, no problem.
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
I am in the same boat, so can we use PD and I-140 from employer A even through my employment and H1B are not with Employer for a few months?
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bugsbunny
04-05 06:14 PM
I never entered the US in the first place.
You can try to move existing visa to the new employer if it has not been revoked by the employer. If you are not working for them...they are supposed to revoke it.
The process for moving to a new employer with existing visa is almost the same as applying for a new one except that you are not subject to the annual cap of 65K
Considering that you have the old employer stamped on your visa...it will cause confusion at the airport or POE and they might send you back
Its better to file a new application since you are not in the US
You can try to move existing visa to the new employer if it has not been revoked by the employer. If you are not working for them...they are supposed to revoke it.
The process for moving to a new employer with existing visa is almost the same as applying for a new one except that you are not subject to the annual cap of 65K
Considering that you have the old employer stamped on your visa...it will cause confusion at the airport or POE and they might send you back
Its better to file a new application since you are not in the US
roseball
10-18 12:34 PM
a) Can I move to a different company now? Since my H1 extension is based on I-140 approval, I am not sure if this can be used to transfer to new company.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
Yes, you can find another employer willing to hire you and sponsor your H1. Since you have an approved I-140, your new employer can use a copy of your I-140 approval notice and get a fresh 3 yr H1 extension
b) When I do a H1 transfer now, Will I get my H1 date till Apr 2012 as per my current H1 approval notice or just for the few more months I had on my original H1B?
You will get a 3 yr H1 extension
c) What will happen to my labor and I-140 after my H1 transfer? My labor was originally applied in EB3 category. Can I file a new one in EB2 category after transferring to the new company?
You cannot directly file your I-485 when your PD is current if you change employers. Your new employer has to start the process all over again from scratch (in any category depending on your job requirement). New employer will have to file PERM/I-140 but can use your old EB-3 PD from the I-140 approval to file I-485.
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sanjose16
02-26 01:22 PM
Thanks fromnaija for quick reply..
I'll not stop my employer ( company 'A' ) to file H4 extension for her cause if her H1 thru company 'B' is not approved, my wife will be out of status...
Based on you reply,
all I can do is to request my employer to file H4 extn ASAP to avoid overlap with H1 filing...
If it cannot be done,
then I should pray that her H4 extension gets approved first......
I'll not stop my employer ( company 'A' ) to file H4 extension for her cause if her H1 thru company 'B' is not approved, my wife will be out of status...
Based on you reply,
all I can do is to request my employer to file H4 extn ASAP to avoid overlap with H1 filing...
If it cannot be done,
then I should pray that her H4 extension gets approved first......
more...
perm2gc
12-09 03:05 AM
Hi,
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
1. First time it is always good to approach thru an immigration attorney.
2.No you don't have to.
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
1. First time it is always good to approach thru an immigration attorney.
2.No you don't have to.
revnet
October 24th, 2004, 01:34 PM
Thanks Rune, that helps a lot. I am still wanting to know if anybody else uses this camera in the studio. Maybe this thread could evolve into something that others can post what they use. Just a thought. So far it looks like a lot of Canon users. Which is cool... ;) Thanks again. I'll check those links out.
By the way, this is a great community. I have learned alot browsing the threads. Thanks to all that have contributed.:cool:
By the way, this is a great community. I have learned alot browsing the threads. Thanks to all that have contributed.:cool:
more...
imhrb
01-06 07:24 PM
I have called them many times and did everything possible.
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ChangeIsNeeded
08-25 01:45 PM
Hi! I hope this is the right place to post this. If not, can you please tell me where it should be posted?
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
We are caught in a terrible comedy of errors, but unfortunately it is not funny all.
My husband is from Turkey, and was/is here on an F-1 visa. To make a long story short, we filed our I-485 & I-130 applications shortly after we were married. Months after this, deportation proceedings were (wrongfully) initiated against my husband.
While we were waiting for our court date to have the deportation proceedings terminated, USCIS at the NBC denied my husband's I-485 for the sole reason that there were deportation proceedings against him.
The deportation proceedings were terminated with a note on the paperwork from the judge that the charges were wrongfully initiated. The judge asked the Federal attorney to ask CIS to help us in NY, but NY office advised they can't do anything since this decision was made in Missouri.
At this point, my husband has not been able to work (work document denied also, of course), the government has cost us $1,000s of $$ in attorneys, and we do not have money to pay them their almost $1,000 to start the I-485 process over again. We need our original case reopened and approved.
Oh, and before deportation proceedings were terminated, but after the I-485 was denied, we passed a Stokes Interview which was requested through my I-130 due to the deportation proceedings. My I-130 has been approved.
We have filed an I-230-B for appeal, but without the fee. So we have no receipt letter nor case #. We have been told by our lawyer that we need to get the help our our U.S. Representative, Anthony Wiener. However, a friend of mine, who helps immigrants in another state, told me we need to work through our senator, Chuck Schumer's office.
Is there any advice on working through a representative's or a senator's office to re-open/ investigate a case.... which is more effective, faster, etc?
Is there anything else we can do on our own or have our attorney do?
Right now, I'm fed up with our lawyer, and do not feel we are getting enough information from him, or perhaps he is not qualified to answer my questions; so I am seeking other advice.
Any advice is welcome.
Thank you!!
Smile and have a wonderful day!
more...
loudoggs
10-27 12:16 AM
I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.
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royalchallenge
11-17 04:23 PM
Just got fired from my company.
I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.
I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.
If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.
Thanks all.
I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.
I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.
If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.
Thanks all.
more...
maximus777
12-22 06:52 PM
Not a big deal in my opinion - the visa system needed a rehaul in any case. Cant undertsand how a tourist visa can double up as a business one.
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dohko
06-09 08:43 PM
Hi
I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.
Company is really flexible with job description.
Thanks in advance.
I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.
Company is really flexible with job description.
Thanks in advance.
more...
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yabadaba
12-28 06:23 AM
You don't need to send anything - they already have your I-485 application. They will ask if they want. After few weeks of e-filing, I was called for "biometrics". They only took my picture, and that was it. On 11th week I got my EAD. Mine was same as yours: first EAD but having one prior OPT. I mentioned OPT EAD in my application.
Thanks bestia. I am hoping they wont need to call me in for biometrics since i already got that done for my 485. but its uscis...who knows what they do.
Thanks for answering my q!:D
Thanks bestia. I am hoping they wont need to call me in for biometrics since i already got that done for my 485. but its uscis...who knows what they do.
Thanks for answering my q!:D
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getgreensoon1
04-26 11:46 AM
Hi,
I am wondering if anybody had done this before: I want to work part time (20 hrs/week) for 6 months( and no other job). I am on H1 but I also have EAD. So I am wondering if there are any implications to this such as I need to amend my H1b , because of some obscure law my GC process will be affected. Any input is appreciated.
Thanks in advance
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
I am wondering if anybody had done this before: I want to work part time (20 hrs/week) for 6 months( and no other job). I am on H1 but I also have EAD. So I am wondering if there are any implications to this such as I need to amend my H1b , because of some obscure law my GC process will be affected. Any input is appreciated.
Thanks in advance
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
more...
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pappu
09-11 11:54 PM
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(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
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cheers, and see ya'll in DC!
jazz
Thanks for the pictures and your blog.
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
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cheers, and see ya'll in DC!
jazz
Thanks for the pictures and your blog.
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seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
more...
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gcdreamer05
02-17 09:49 AM
How did you come to a conclusion there is a huge rejection rate in chennai ?
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parablergh
09-06 05:19 AM
it is fine to have both I-485s filed and pending - generally speaking, if one gets approved, USCIS should deny the other (as a LPR you will no longer be eligible to adjust your status to lpr).
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wc_user
07-16 05:42 PM
Thanks for all your reply. I filed it online and then sent the photos and other requested documentation by mail. I'll wait for the RFE and will let you know what it is about.
leoindiano
11-08 09:19 PM
Congratulations,
I had sent a letter yesterday to following address...
Secretary Janet Napolitano
Department of Homeland Security
US Department of Homeland Security
Washington DC 20528
Is that the correct address??
I had sent a letter yesterday to following address...
Secretary Janet Napolitano
Department of Homeland Security
US Department of Homeland Security
Washington DC 20528
Is that the correct address??
RadioactveChimp
04-08 02:14 AM
and i will change it tmrw...right now i gotta sleep
