jhaalaa
04-05 09:17 PM
I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
>> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
Can someone please answer my questions?
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
>> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
>> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
>> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
>> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.
Hope the above helps.
Best Wishes for all.
>> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
Can someone please answer my questions?
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
>> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
>> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
>> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
>> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.
Hope the above helps.
Best Wishes for all.
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eb3retro
05-29 10:30 PM
I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.
sent u a pm pls respond. thanks
sent u a pm pls respond. thanks
webpromo
03-24 12:37 AM
I am looking for some serious help and advice here , I hate to see any non-immigrant in US in my circumstances .Here some information about it , My company has sponsored my work visa , soon I entered into they customs and Immigration there is some mistake with my paper work , and they charged me and later deported me .In the middle we came to know the company has sponsored some other people B/J visas for their own benefits and officers acted so racially .when i got deported they never issued my passport back , I keep on calling them now , they always say , They can't hear , some times they mention call after 5 mins , 1hr .I am so vexed with all they do , I felt so victim in this . Please advice me can i get my passport back, and my case is in pending appeal , before I got deported
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ss1026
04-10 03:56 PM
163,000 applns for general and more than 31,200 applns for advanced degree.
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
I read this as saying this....
The 163k number includes the advance degree number. So it is 132K for general and 31k for advance
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Appu
04-17 04:01 PM
Sign this petition on Sen Kennedy's website in support of immigration reform:
http://www.tedkennedy.com/fightforfairness
It may help...
http://www.tedkennedy.com/fightforfairness
It may help...
gcadream
02-25 07:54 AM
That is really cool man !!
2 months less in 3 yrs is no big deal...its almost 3 yrs extn for you.
Thanks for sharing with us, lets see how the ball rolls out for me.
2 months less in 3 yrs is no big deal...its almost 3 yrs extn for you.
Thanks for sharing with us, lets see how the ball rolls out for me.
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breddy2000
09-18 07:43 AM
I would say, if the intent to migrate is for GC, then the best option is come here as Nurse, as a schedule A worker.
They do get the GC very fast.I know one of my frnd who did this.
He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
I do not know if any other details apart from this.
They do get the GC very fast.I know one of my frnd who did this.
He came here to study MBA, then converted to Schedule A nursing job by writing few exams and wait for GC , once you get it then you can do what ever it takes to become a complete practicing doctor in US.
I do not know if any other details apart from this.
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raysaikat
04-22 01:36 AM
Hello
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
Yes.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
Yes.
3. Will I be eligible for premium processing for I 140 application, in 15 days?
I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.
b. Then what happens after May 2011?
Unless you have some other VISA that would allow you to stay in the US, you need to leave US.
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
Yes.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
Yes.
3. Will I be eligible for premium processing for I 140 application, in 15 days?
I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.
b. Then what happens after May 2011?
Unless you have some other VISA that would allow you to stay in the US, you need to leave US.
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.
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eagerr2i
08-08 11:23 AM
Basically, you get 1 credit for a quarter of year, so 4 credits a year. If you have lived and worked 8 full years and 6 months for the year when you came and 6 months the year you depart from the country, you will,be fine. So bottom line is 40 quarters i.e. 10 Years i.e (1 quarter is 3 months) of gainfully employed time and having paid SS Taxes.
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snathan
04-08 04:16 PM
Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?
Hard stop at June 30th....
Hard stop at June 30th....
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gcseeker2002
08-14 02:52 PM
I didnt know that you can send a single check for all applications.. ??
It would have been better if you had split the checks.
Dont worry they might accept it now.
I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.
It would have been better if you had split the checks.
Dont worry they might accept it now.
I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.
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vik352
12-08 03:19 PM
Thanks ashkam. I am still on H1, this is exactly what I needed to hear. I will confirm this with my attorney too. Thanks again!
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
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AgentM
06-03 06:20 PM
I don't have the I-140 application ? is it still a problem if I switch companies?
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shishya
09-27 12:42 AM
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
more...
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a_paul1
03-30 01:48 PM
If no, you deserve this and rot in hell.
How in the world did you get so many greens??
You have done your bit. Great! But that doesnt mean everyone has to believe in what you believe. You are acting as if you made a mistake by contributing to IV because other people are not contributing and that is frustrating to you. Please don't think you are doing a favor to anybody by contributing to IV. You are doing it for your own benefit. If somebody doesn't want to contribute, that's fine. Nobody needs a preaching here.
Contributing to IV is not the only possible contribution that a person may make to this world.
How in the world did you get so many greens??
You have done your bit. Great! But that doesnt mean everyone has to believe in what you believe. You are acting as if you made a mistake by contributing to IV because other people are not contributing and that is frustrating to you. Please don't think you are doing a favor to anybody by contributing to IV. You are doing it for your own benefit. If somebody doesn't want to contribute, that's fine. Nobody needs a preaching here.
Contributing to IV is not the only possible contribution that a person may make to this world.
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amitjoey
01-11 11:46 AM
Just so everybody understands:
This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.
There have been a lot of bills in the previous years that have not made it to the floor.
IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.
Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.
Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.
This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.
This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.
There have been a lot of bills in the previous years that have not made it to the floor.
IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.
Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.
Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.
more...
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freedom_fighter
04-21 12:30 PM
I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
its not illegal to port. Labor substitution was legal until they abolished.
EB3 to EB2 to EB1, is perfectly legal and is not like labor substitution. Why are you ppl jealous, just because you have EB2. A lot of ppl including myself had our cases filed in EB3, because of incompetent attorney's. Its not like someone is jumping the line, these guys have been waiting patiently in there EB3 queue and if they can upgrade why not?
Pls focus on the real issue of the country based quota. Really, this is not going to benefit anyone!
So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.
Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...
its not illegal to port. Labor substitution was legal until they abolished.
EB3 to EB2 to EB1, is perfectly legal and is not like labor substitution. Why are you ppl jealous, just because you have EB2. A lot of ppl including myself had our cases filed in EB3, because of incompetent attorney's. Its not like someone is jumping the line, these guys have been waiting patiently in there EB3 queue and if they can upgrade why not?
Pls focus on the real issue of the country based quota. Really, this is not going to benefit anyone!
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needhelp!
02-14 02:34 PM
bump
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GCwaitforever
06-08 05:04 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
Only after one of your PDs becomes current, the other can piggyback. May be you could try PERM and reapply old PD to the new one.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
Only after one of your PDs becomes current, the other can piggyback. May be you could try PERM and reapply old PD to the new one.
Pawankalyan
11-16 12:21 PM
Don't worry about processing dates..
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
Libra
07-30 02:57 PM
I can't believe you guys are still answering his question.......go to rally threads and contribute, admin i think we should close this thread now.
