vselvam
05-17 03:40 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
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pointlesswait
06-09 11:03 AM
I am currently on H1..working for company A..
Can i work for another company...without transferring my H1 and can i get a 1099 Misc....( they cannot run my payroll as i wont be employed with them)....the work is in the same field...
if 1099 is not feasible.. the only option is to get paid in cash..which i dont want to do..
any inputs.
Can i work for another company...without transferring my H1 and can i get a 1099 Misc....( they cannot run my payroll as i wont be employed with them)....the work is in the same field...
if 1099 is not feasible.. the only option is to get paid in cash..which i dont want to do..
any inputs.
Jubba
10-02 11:07 AM
Having fun with your new WACOM edwin?
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immiusa
09-16 07:44 PM
Hello gurus,
What is the good reason to be specified for visitor visa extension? I understand that USCIS may reject extension application if the reason is not good. Appreciate any helpful responses
What is the good reason to be specified for visitor visa extension? I understand that USCIS may reject extension application if the reason is not good. Appreciate any helpful responses
more...
hebbar77
01-04 03:19 PM
Hi,
to stay away from india while on AOS, you need AP.
to maintain AOS, one needs to keep renewing AP.
So when you apply/renew AP candidate needs to be here...
So your daughter will apply for AP, get it , travel... come back 6 months prior to AP expiry, go to india and study and you will send AP by mail ...
she will come here every 4-6 months prior to AP expiry and renew and go back.
You need to give a sound reason in port of entry why you are staying away for long durations..!
to stay away from india while on AOS, you need AP.
to maintain AOS, one needs to keep renewing AP.
So when you apply/renew AP candidate needs to be here...
So your daughter will apply for AP, get it , travel... come back 6 months prior to AP expiry, go to india and study and you will send AP by mail ...
she will come here every 4-6 months prior to AP expiry and renew and go back.
You need to give a sound reason in port of entry why you are staying away for long durations..!
guyfromsg
08-21 08:57 PM
Hi,
My 6th year H1 expires in Feb'07 and company is ready to apply 7th year extension using premium processing. Assuming I get H1 extended by Oct 1st and travel to India in Nov for 2 weeks, is there a problem in coming back with old visa.
Since the appointments are full for the next 6 months I don't have any realistic chance of getting new stamping done during the trip. I know traveling while extension is pending is a big NO NO but if extension is approved am I allowed to use the old visa stamp?
thanks in advance
My 6th year H1 expires in Feb'07 and company is ready to apply 7th year extension using premium processing. Assuming I get H1 extended by Oct 1st and travel to India in Nov for 2 weeks, is there a problem in coming back with old visa.
Since the appointments are full for the next 6 months I don't have any realistic chance of getting new stamping done during the trip. I know traveling while extension is pending is a big NO NO but if extension is approved am I allowed to use the old visa stamp?
thanks in advance
more...
simple1
10-18 11:13 PM
b1 and h1b are trade issues.
eb visa is an immigration issue.
eb visa is an immigration issue.
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bitzbytz
06-21 02:08 PM
I know a person, who was on H1b since Oct 06 without Pay (with valid H4visa stamp) and In feb 07 , she went to India and returned to US on her unexpired H4 visa. Did anyone hear similar stories.
I am trying to find out, if returning to US using unexpired H4 visa is safe option
or
applying for COS from H1-H4.
I am trying to find out, if returning to US using unexpired H4 visa is safe option
or
applying for COS from H1-H4.
more...
insbaby
11-03 01:51 PM
HR of my Company screwed up with the content of the EB2 Ad posted in sunday newspaper. To save money they posted a partial AD with a link to the job listing on the companys website saying "Please goto this link for further information".....
Would this be ok?
If the company is paying the lawyer for the process, you just relax. They must have consulted the lawer before giving the ad and get directions, because the lawyer has to send these evidences when filing.
If not, you better check with an expert.
Would this be ok?
If the company is paying the lawyer for the process, you just relax. They must have consulted the lawer before giving the ad and get directions, because the lawyer has to send these evidences when filing.
If not, you better check with an expert.
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piyu7444
04-05 02:03 PM
Thanks for reply. So at what stage candidate become part of communication in GC process. Or can start keep tracking the case.
Thanks.
It all boils down to the relationship you have with the employer and how flexible they are w.r.t immigration policies etc.
I know of people who were involved from day 1 till they filed 485 and I know of people who were not involved untill filing of 485 had to be done.
Your case it looks like that employer wont tell you if he has an approved 140. If that is true then you will only get involved when your PD is current- to file AOS.
Thanks.
It all boils down to the relationship you have with the employer and how flexible they are w.r.t immigration policies etc.
I know of people who were involved from day 1 till they filed 485 and I know of people who were not involved untill filing of 485 had to be done.
Your case it looks like that employer wont tell you if he has an approved 140. If that is true then you will only get involved when your PD is current- to file AOS.
more...
roseball
07-26 09:00 PM
Hi,
I lost my jon w/big software consultancy. I found another project and then applied for H1-B transfer with Indian consulting company. Its been almost 1 month since new company have filed for H1-B transfer and renewal (my H1-B was expring on July 6th, 2009).
so far, i've not received any H1-B recipt. I'm worried about it. I'm also getting married in the last w/e of Nov, 2009. Is it a good idea to file for Premimum processing.
Thanks,
Rajeev
First, your attorney needs to call USCIS and ask if they received your application and get a receipt number. Then, you can file a form I-907 to upgrade it to premium processing. Moreover, you cannot start working for a company until you get a receipt notice, so this could cause issues to you incase you already started working. Have your attorney contact USCIS asap and track where your application packet is.
I lost my jon w/big software consultancy. I found another project and then applied for H1-B transfer with Indian consulting company. Its been almost 1 month since new company have filed for H1-B transfer and renewal (my H1-B was expring on July 6th, 2009).
so far, i've not received any H1-B recipt. I'm worried about it. I'm also getting married in the last w/e of Nov, 2009. Is it a good idea to file for Premimum processing.
Thanks,
Rajeev
First, your attorney needs to call USCIS and ask if they received your application and get a receipt number. Then, you can file a form I-907 to upgrade it to premium processing. Moreover, you cannot start working for a company until you get a receipt notice, so this could cause issues to you incase you already started working. Have your attorney contact USCIS asap and track where your application packet is.
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Efrain
02-23 06:29 AM
There Should be some link like this where general public can spill its views out.
This forum provides such platform. Hope giving comments and arguing would not go unanswered.
This forum provides such platform. Hope giving comments and arguing would not go unanswered.
more...
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suny_saini
08-05 12:18 AM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
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sam2006
09-09 02:26 PM
diptam
I had sent USCIS a color notarized copy from india and there was no issue:)
I had sent USCIS a color notarized copy from india and there was no issue:)
more...
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nmdial
02-26 09:26 AM
Dear Lawyers,
I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?
Thanks and regards,
Nishant
I am a registered professional civil engineer in the state of PA having an educational background of a BS from India and MS from the US in civil engineering. I got my H1B extension approved last year for its second term of three years. I have been working in the same company since my graduation and also hold an approved I-140. I am planning to visit India in March to get my visa stamping done and am concerned about the reports of valid H1B holders being returned from Newark. Do you think I should avoid Newark as the PoE?
Thanks and regards,
Nishant
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seahawks
08-23 02:42 PM
Where : Redmond Regional Library, Meeting Room 1
Room Request Date, Time, and Room Selection (http://eventinfo.kcls.org/evanced/lib/roomrequest.asp?mode=)
When : Aug 25th 2009 7:30 to 8:30 pm
Why are we meeting: To support IV's drive to lobby and contact Law Makers to fix Employment Based Immigration
Room Request Date, Time, and Room Selection (http://eventinfo.kcls.org/evanced/lib/roomrequest.asp?mode=)
When : Aug 25th 2009 7:30 to 8:30 pm
Why are we meeting: To support IV's drive to lobby and contact Law Makers to fix Employment Based Immigration
more...
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indyanguy
11-16 10:20 AM
Mine was sent out on July 2nd. Received AP and EAD. The LUD on 140 and 485 is 9/21/07.
Filed in NSC. No FP yet.
Why do you think that only LC Sub cases are not getting updated? I don't think anyone who filed for I140 in July have received any update
Filed in NSC. No FP yet.
Why do you think that only LC Sub cases are not getting updated? I don't think anyone who filed for I140 in July have received any update
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Blog Feeds
04-28 01:30 AM
Hotel News Now, a leading Global Hospitality publication, ran a two-part series about staffing challenges facing the U.S. hotel industry. I was honored to be interviewed by the publication and share my insights on the problems facing hospitality employer in these challenging times.
With the level of unemployment about 8.5 percent, why do hotels still need foreign workers? There are various reasons, from location to the attitudes of American workers. And changes in schedules and lifestyle have affected one of the former staples of summer work�students.
The situation is bad for staffing professionals in the industry, said Jacob Sapochnick, a San Diego, California-based lawyer whose practice is devoted to immigration law. �Even though they can hire local people, they can never rely on them for the full term,� he said. �If you have a large hotel, need 50 housekeepers and hire locally, the turnover is very high. They find a better job or one that pays more. When you have H-2B workers, they know they have them for 10 months. Their visa depends on them working at that hotel.�
The more turnover, the less likely the hotel will function properly, Sapochnick said.
Read the entire article here... (http://www.hotelnewsnow.com/articles.aspx?ArticleId=1030&PageType=OnTheJob&ArticleType=8)
The second article in the series titled, Changes make H-2B visa program more challenging for hotels, click to read here (http://www.hotelnewsnow.com/Articles.aspx?ArticleId=1022)
More... (http://www.visalawyerblog.com/2009/04/h2b_visas_unemployment_rate_no.html)
With the level of unemployment about 8.5 percent, why do hotels still need foreign workers? There are various reasons, from location to the attitudes of American workers. And changes in schedules and lifestyle have affected one of the former staples of summer work�students.
The situation is bad for staffing professionals in the industry, said Jacob Sapochnick, a San Diego, California-based lawyer whose practice is devoted to immigration law. �Even though they can hire local people, they can never rely on them for the full term,� he said. �If you have a large hotel, need 50 housekeepers and hire locally, the turnover is very high. They find a better job or one that pays more. When you have H-2B workers, they know they have them for 10 months. Their visa depends on them working at that hotel.�
The more turnover, the less likely the hotel will function properly, Sapochnick said.
Read the entire article here... (http://www.hotelnewsnow.com/articles.aspx?ArticleId=1030&PageType=OnTheJob&ArticleType=8)
The second article in the series titled, Changes make H-2B visa program more challenging for hotels, click to read here (http://www.hotelnewsnow.com/Articles.aspx?ArticleId=1022)
More... (http://www.visalawyerblog.com/2009/04/h2b_visas_unemployment_rate_no.html)
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maine_gc
08-11 01:51 PM
Hi,
My I140 got denied early this year and the appeal is pending. Processing times for the appeal is 22 months. My priority date will be current next month. Because of that i am considering to refile my I140 and 485 again and withdraw the appeal.
1) Can we refile I140 with the same category (EB2)
2) Can USCIS just deny the new I140 because of the earrlier denial
3) Is there any one who tried this. What is the outcome of the new I140 application.
Please share your experience and also please advice
Thanks in advance
My I140 got denied early this year and the appeal is pending. Processing times for the appeal is 22 months. My priority date will be current next month. Because of that i am considering to refile my I140 and 485 again and withdraw the appeal.
1) Can we refile I140 with the same category (EB2)
2) Can USCIS just deny the new I140 because of the earrlier denial
3) Is there any one who tried this. What is the outcome of the new I140 application.
Please share your experience and also please advice
Thanks in advance
H1B-GC
06-04 03:52 PM
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory%20as%20of%20May%2027%202 010.pdf
thomachan72
09-08 11:48 AM
Looks like a question for an attorney to handle. Did you do it yourself?
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