pyrosleepy
08-09 11:03 AM
I joined a new employer in May and also had applied for H1B transfer at that time. Now I have a very good offer from another firm but my first H1B transfer is still pending. The new offer is much more rewarding financially. Is it possible to apply for H1 B transfer to the new employer without jeopardizing my H1B status. Please note that I got laid off in April and I was in a hurry to get the new job then, it was also about just over a month when I applied for my H1B transfer since losing that job so I am kind of nervous about the results from USCIS.
Thanks in advance for your suggestions, friends!
Thanks in advance for your suggestions, friends!
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meridiani.planum
05-30 11:33 AM
Hi
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
work with that consultant for a month (2 payslips) then you can happily transfer your H1.
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
work with that consultant for a month (2 payslips) then you can happily transfer your H1.
SH2009
06-10 09:04 PM
Current employer A, H1B cap-exempt and in 2nd year. Both H1B and attached I-94 will expire on 7/5/2009.
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
New employer B, H1B cap-subject, required starting to work on July 7/27/2009 or I may loose my offer.
I-485 is pending > 180 days. I have EAD and AP in hand. On 2/4/2008 I used AP once and the entry I-94 says PAROLED until 2/3/2009.
One attorney suggested to be able to start to work for employer B on 7/27/2009, I�ll need to file a new H1B (or you call it transfer) petition before 7/5/2009, requesting the start date on Labor Condition Application to be 7/27/09. The new H1B effective date will still be 10/1/2009.
Regardless the issue of going back to H1B from parole, my question is what is my status during the gap between 7/5/2009-7/27/2009 (before LAC effective) or 7/5/2009-9/30/2009 (Before new H1B effective)?
The other question is when you apply for H1B extension/transfer after using AP, which I-94 did you gave to USCIS?
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pritesh80
02-06 03:44 PM
Super!! Thanks for your quick response
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nfinity
08-08 02:24 PM
They will be able to provide you an emergency AP. This has happened in the past. If you can prove the emergency, you can get AP in a few hours.
atlfp
04-13 09:32 PM
This is exactly the problem. There are a lot of house straight head Republican's who won't give up their anti-immigration position. Because of their existence, anything on this issue that wants to pass need Democrats vote.
The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.
The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.
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manishgc
09-13 11:57 AM
My Indian passport is going to expire very soon and my visa has also expired.
I have applied for extension for 3 years.
Will I face any problems in getting new passport from Indian Embassy?
Has anybody done that before?
I am sorry if this is not right place to write about it...
thanks
I have applied for extension for 3 years.
Will I face any problems in getting new passport from Indian Embassy?
Has anybody done that before?
I am sorry if this is not right place to write about it...
thanks
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wandmaker
08-24 05:08 PM
Dear Attorney,
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
There is no minimum requirement to be on H4 for COS to H1. One should meet H1 application requirements and the cap should be available and should have maintained legal status
BTW, I am not an attorney.
Is there any minimum length of time to be on H4 before applying to H1.
Thanks
There is no minimum requirement to be on H4 for COS to H1. One should meet H1 application requirements and the cap should be available and should have maintained legal status
BTW, I am not an attorney.
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gcnotfiledyet
06-24 12:17 PM
This service will provide fast track program to reach heaven (or hell dependent if you have GC or not) as well. Anyone interested? :D
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cagedcactus
10-19 09:08 AM
Welcome to the Land of the freeeeeeee.
They call it Democracy....
They call it Democracy....
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msp1976
02-15 11:46 AM
I might be politically incorrect here....
The fact of life is that in Muslim majority countries there is more scrutiny.....It is unfair...But that is the way it is.....
The fact of life is that in Muslim majority countries there is more scrutiny.....It is unfair...But that is the way it is.....
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wandmaker
08-26 10:49 PM
My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
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apb
03-31 07:03 PM
I plan to use AC21 and apply G28. Any reasonable lawyer recommendation in and around bay area would be of immense help to me.
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
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sts_seeker
06-04 05:42 PM
Dear Experts I need this suggestion ASAP to prove I-140 ability to pay.
My Priority Date EB3 is Apr, 2004 and Company is in Loss for '04,'05 and '06 and so can't prove Net assets is greater than liablities or revenue is greater than proffered wage. However Company recently has been approved for line of credit which is greater than(>) the proferred wage.
The only way to show the ablity to pay is by showing the w2 that I have been paid the proffered wage since the priority date which is April 04. But I did not work from Jan'04 though mid of '05 because of health reason. During that time, I was paid by the disability insurance from the employer and I paid the tax for disability income while filing the W-2.
After I joined back on mid on '05 I have been paid more than proferred wage till present(June'07).
Does that satisfy the USCIS of the requirement of ability to pay or Not???
I need help ASAP.
Thanks everyone
My Priority Date EB3 is Apr, 2004 and Company is in Loss for '04,'05 and '06 and so can't prove Net assets is greater than liablities or revenue is greater than proffered wage. However Company recently has been approved for line of credit which is greater than(>) the proferred wage.
The only way to show the ablity to pay is by showing the w2 that I have been paid the proffered wage since the priority date which is April 04. But I did not work from Jan'04 though mid of '05 because of health reason. During that time, I was paid by the disability insurance from the employer and I paid the tax for disability income while filing the W-2.
After I joined back on mid on '05 I have been paid more than proferred wage till present(June'07).
Does that satisfy the USCIS of the requirement of ability to pay or Not???
I need help ASAP.
Thanks everyone
more...
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Hinglish
03-04 05:17 PM
Source: ILW News Letter
Serious immigration legislation is in the air. Rep Shuler's (D-
NC) enforcement-only bill has attracted a fair number of supporters, and the rumor is that the House Republicans will try to force through a discharge petition necessitating a vote on the bill. While we are skeptical that a discharge petition has much chance of success, the House Democratic leadership is apparently not so sanguine (for info on discharge petitions, see here).
http://en.wikipedia.org/wiki/discharge_petition
The House Hispanic Caucus has prepared a plan to meet the antis head on if they force a vote on the Shuler Bill.
The plan begins with the proposition that any serious discussion of immigration on the Hill will definitely harm Republican presidential nominee McCain. If he supports the "pros", the anti immigration fanatics in the Republican party will not support him in the general election; if he supports the "antis", it will weaken his appeal to the independents for the general election.
Second, should a vote on the Shuler bill come about, the House Hispanic caucus would seek to attach numerous benefit amendments to it - there is every likelihood that some of these amendments will succeed, a raising of the H cap, for example. Hopefully, so the thinking among the strategists among the House Democrats goes, the success of a few amendments will be a "poison-pill"
guaranteeing the defeat of the over-all measure since the antis are not in a mood to make any deal trading enforcement with benefits at this time. Ironically, the antis in the House may be forced to vote against the amended Shuler bill, thus positioning the Democrats as the real pro-enforcement party.
Our take is that once started down the Hill (pun intended), the momentum of an immigration bill would be hard to stop, and we might end up with something along the lines of the Kennedy-Kyl compromise of last spring, but without the point system which doomed it. To the surprise of many, Comprehensive Immigration Reform appears far from dead. And once again, it's the antis who deserve the credit for bringing benefits to the fore.
We welcome readers to share their opinion and ideas with us by writing to mailto:editor@ilw.com.
__________________________________________________ _______________
Serious immigration legislation is in the air. Rep Shuler's (D-
NC) enforcement-only bill has attracted a fair number of supporters, and the rumor is that the House Republicans will try to force through a discharge petition necessitating a vote on the bill. While we are skeptical that a discharge petition has much chance of success, the House Democratic leadership is apparently not so sanguine (for info on discharge petitions, see here).
http://en.wikipedia.org/wiki/discharge_petition
The House Hispanic Caucus has prepared a plan to meet the antis head on if they force a vote on the Shuler Bill.
The plan begins with the proposition that any serious discussion of immigration on the Hill will definitely harm Republican presidential nominee McCain. If he supports the "pros", the anti immigration fanatics in the Republican party will not support him in the general election; if he supports the "antis", it will weaken his appeal to the independents for the general election.
Second, should a vote on the Shuler bill come about, the House Hispanic caucus would seek to attach numerous benefit amendments to it - there is every likelihood that some of these amendments will succeed, a raising of the H cap, for example. Hopefully, so the thinking among the strategists among the House Democrats goes, the success of a few amendments will be a "poison-pill"
guaranteeing the defeat of the over-all measure since the antis are not in a mood to make any deal trading enforcement with benefits at this time. Ironically, the antis in the House may be forced to vote against the amended Shuler bill, thus positioning the Democrats as the real pro-enforcement party.
Our take is that once started down the Hill (pun intended), the momentum of an immigration bill would be hard to stop, and we might end up with something along the lines of the Kennedy-Kyl compromise of last spring, but without the point system which doomed it. To the surprise of many, Comprehensive Immigration Reform appears far from dead. And once again, it's the antis who deserve the credit for bringing benefits to the fore.
We welcome readers to share their opinion and ideas with us by writing to mailto:editor@ilw.com.
__________________________________________________ _______________
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ChainReaction
02-19 10:17 AM
Hi,
I just saw on DOL website that my PBEC labor has been approved, on the other hand my old i-140 is stuck in NSC filed Sept 9th, 2006 EB3.
My question is how can i port my old PD? Should i wait for the old i-140 to be approved and then file for the new one or is there a way i can use the old i-140 later on during the 485 filing time to port the PD?
Any suggestion will be appreciated.
Is there anyone in this situation please help:)
I just saw on DOL website that my PBEC labor has been approved, on the other hand my old i-140 is stuck in NSC filed Sept 9th, 2006 EB3.
My question is how can i port my old PD? Should i wait for the old i-140 to be approved and then file for the new one or is there a way i can use the old i-140 later on during the 485 filing time to port the PD?
Any suggestion will be appreciated.
Is there anyone in this situation please help:)
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RNANDIGAM1
01-15 08:55 PM
I strongly support filing I-485 without the priority date restriction.
I am not sure what is best on the long term basis. Where can INS decrease the processsing time with the existing format. What type of techniques or methods can change the existing GC processing format so the time required for a petetion to go through decreases significantly?
I am not sure what is best on the long term basis. Where can INS decrease the processsing time with the existing format. What type of techniques or methods can change the existing GC processing format so the time required for a petetion to go through decreases significantly?
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watzgc
11-15 04:48 PM
Hi , I just came to know that my son's application was returned due to wrong fee and seems my lawyer resent with correct fee on Oct-19-2007. will USCIS accept the application?. I'm still waiting for the receipt # for my son.
my spouse and me got the RN, FP and EAD approved.
anybody has same probllem ?.
thanks a lot.
my spouse and me got the RN, FP and EAD approved.
anybody has same probllem ?.
thanks a lot.
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kodey7
12-10 02:52 AM
Hi,
I am a resident of the Chennai Consular District and I made an emergency appointment (returning US worker-H visa) for my H-1 renewal visa at New Delhi through the vfs website. I was not able to find any appointments at the Chennai consulate. I happened to know today through the New Delhi Embassy website that their emergency appointments are reserved only for residents of the New Delhi Consular District. I'm confused as to how/why the vfs website allowed me to make an appointment without providing this information. I am now unable to find any regular appointments available at New Delhi or emergency appointments at Chennai.
Also, the vfs website has a news update from Dec.4th stating that anyone (fluent in english) can now apply at New Delhi, Chennai or Mumbai. I do not know if this precludes the emergency appointment requirement at New Delhi as stated above or if this is a more up to date info.
If anyone here has any information/experience about this, I would appreciate a response.
Thank you.
I am a resident of the Chennai Consular District and I made an emergency appointment (returning US worker-H visa) for my H-1 renewal visa at New Delhi through the vfs website. I was not able to find any appointments at the Chennai consulate. I happened to know today through the New Delhi Embassy website that their emergency appointments are reserved only for residents of the New Delhi Consular District. I'm confused as to how/why the vfs website allowed me to make an appointment without providing this information. I am now unable to find any regular appointments available at New Delhi or emergency appointments at Chennai.
Also, the vfs website has a news update from Dec.4th stating that anyone (fluent in english) can now apply at New Delhi, Chennai or Mumbai. I do not know if this precludes the emergency appointment requirement at New Delhi as stated above or if this is a more up to date info.
If anyone here has any information/experience about this, I would appreciate a response.
Thank you.
go_guy123
04-20 11:06 PM
RIP: Paying final tribute to John McCain's deceased integrity (http://azstarnet.com/news/opinion/article_68f0d9ac-647b-51be-b53a-a847beffe0d2.html)
We are gathered here today to pay our final respects to John McCain's integrity.
It died recently - turned a triple somersault, stiffened like an exclamation point, fell to the floor with its tongue hanging out - when the senator told Newsweek magazine, "I never considered myself a maverick."
Statesman to politician!!!!!
As a politician he is focussed on getting re-elected and he is moving in the direction of
political wind. The atmosphere against immigration in US has turned toxic in recent years, exactly the very reason why democratic party is not keen on CIR.
We are gathered here today to pay our final respects to John McCain's integrity.
It died recently - turned a triple somersault, stiffened like an exclamation point, fell to the floor with its tongue hanging out - when the senator told Newsweek magazine, "I never considered myself a maverick."
Statesman to politician!!!!!
As a politician he is focussed on getting re-elected and he is moving in the direction of
political wind. The atmosphere against immigration in US has turned toxic in recent years, exactly the very reason why democratic party is not keen on CIR.
gc_on_demand
12-30 10:06 AM
I would be going for my H1B renewal stamping, would appreciate if someone responds to this question.
belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
belmontboy ,
I am in same boat.. I am going mumbai india in feb for stamping. Where are you going for stamping. I heard lately that there is no way we can pre check PIMS. I have asked my lawer but haven't got reply yet.. If you lawer has sent duplicate copy of H1b document to Kentucky Visa center then there should not be issue.( 99.99 % should be safe ).. If not then there is risk involved.
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