amdn123
06-13 09:00 AM
Wow, this is news to me. Could you please clarify something, logiclife? I apply to another company, who gets me a 3 year H1B before my 6th year starts. Do I need to request my old company to keep my PERM and I-140 alive until the I-485 is filed and approved? I thought the only way to move to another company was after 3 months of applying for I-485. Thanks for the advice!
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.
Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.
If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.
Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).
mirage
07-01 06:17 PM
There are many people who would sign up anything to come to US. When that A company spends 5-6k and bring people here, they disapear in 1 month. Obviously in this case court will go against the employee firstly because there is an underlying bias for the employer as he's a US employer second I personally feel he has all rights to ask for money since he invested in you...
uma001
05-04 10:01 AM
Even i got a letter. I dont remember her/his name. I thought everybody will get this letter.
Let me know if others got it.
I sent an email letter ( format and content from AILA (guess)) to him/her
I will let you know the details of the letter later
Let me know if others got it.
I sent an email letter ( format and content from AILA (guess)) to him/her
I will let you know the details of the letter later
chris
12-31 04:11 PM
Is your PD is current ? Goodluck any how.
My case was also transfered from Texas to Vermont. I spoke to our company's attorney and here is what they told me:
The USCIS is sharing its work load among the 4 service centers...the transfer is part of the administrative processing...I dont see any issues with it...so, dont worry about it...
Here is the online status on my case:
Current Status: Case Transfered to Another Office for Processing
On September 30, 2008, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our VERMONT SERVICE CENTER location for processing and sent you a notice explaining this action.
I guess its happening randomly though but does not mean anything.
My case was also transfered from Texas to Vermont. I spoke to our company's attorney and here is what they told me:
The USCIS is sharing its work load among the 4 service centers...the transfer is part of the administrative processing...I dont see any issues with it...so, dont worry about it...
Here is the online status on my case:
Current Status: Case Transfered to Another Office for Processing
On September 30, 2008, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our VERMONT SERVICE CENTER location for processing and sent you a notice explaining this action.
I guess its happening randomly though but does not mean anything.
more...
frostrated
06-21 01:55 PM
By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
taking unemployment benefit is not public charge. while working, you pay into the unemployment. everytime you work, you and your employer pay for umemployment insurance which is managed by the US government. But to be eligible for umeployment insurance benefit, you have to be a legal permanent resident or a citizen.
Lookup a similar thread(removal proceedings) in IV.
Get legal help before making a decision like that.
taking unemployment benefit is not public charge. while working, you pay into the unemployment. everytime you work, you and your employer pay for umemployment insurance which is managed by the US government. But to be eligible for umeployment insurance benefit, you have to be a legal permanent resident or a citizen.
GC_1000Watt
12-15 11:42 AM
Answers in Red Ink Below....
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.
Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.
Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?
more...
chanduv23
11-15 10:19 AM
Still only 6 people have courage to speak out. What is running in your veins, water?
We may not be able make changes in the law now but we might be able to get some relief on restrictions, that does not allow law making.
Educate yourself or suffer...
I sent u a PM
We may not be able make changes in the law now but we might be able to get some relief on restrictions, that does not allow law making.
Educate yourself or suffer...
I sent u a PM
BPforGC
05-11 01:51 PM
This guy has no clue on anything...
He says he gets back after talking to the 'subject experts'....
A senator clearly asked him what to do on backlogs. If he has an iota of knowledge and real interest in immigration, he should have told to increase visa numbers, eliminate country limit and recapture legislation. All he said was he will get back to them and this opportunity has gone into thin air....
So, this statement clearly epitomizes why USCIS is an inefficient and hopeless agency. They talk too much, think less and do nothing.
Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.
Out of 10+ members of Judiciary committee, only two to three really care about an agency that is trying to work on legal immigration and present for this hearing. Talk about illegal immigration, every one will start running out of their beds with their pants down to get attention... this is really disconcerting.
The whole hearing is a time waste for everyone. It did not achieve anything except patting each others back. Disgusting...
He says he gets back after talking to the 'subject experts'....
A senator clearly asked him what to do on backlogs. If he has an iota of knowledge and real interest in immigration, he should have told to increase visa numbers, eliminate country limit and recapture legislation. All he said was he will get back to them and this opportunity has gone into thin air....
So, this statement clearly epitomizes why USCIS is an inefficient and hopeless agency. They talk too much, think less and do nothing.
Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.
Out of 10+ members of Judiciary committee, only two to three really care about an agency that is trying to work on legal immigration and present for this hearing. Talk about illegal immigration, every one will start running out of their beds with their pants down to get attention... this is really disconcerting.
The whole hearing is a time waste for everyone. It did not achieve anything except patting each others back. Disgusting...
more...
greensignal
08-22 11:06 AM
You applied at the right service center TSC. I also live in NC and applied on July 25th at TSC and got the Receipt notices.
Did you check the processing dates for TSC for I765? I think currently they are processing applications applied before April 16, 2008.
So dont worry.. But you may call TSC Service center for any status
Did you check the processing dates for TSC for I765? I think currently they are processing applications applied before April 16, 2008.
So dont worry.. But you may call TSC Service center for any status
singhsa3
07-12 10:36 AM
http://boards.immigration.com/showthread.php?p=1724866#post1724866
more...
dealsnet
07-16 10:42 AM
You need to hand over the I-94, only when leaving the country. No need to send it. If you didn't hand over, you need to send it. Always to have AP, if you want to go abroad or emergency travel, if your H1/H4 stamping in the passport is expired. USCIS prefer AP over other visa document when you come back from abroad (if you filed I-485).
Hi
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
Hi
My wife has entered the US as H4 and her i-94 is expiring end of this month. she has now moved to AOS (using EAD). DO we have to sent her I94 somewhere or simply hold on to it and return it whenever we leave the country.
Does her AP has to be applied before end of this I94.
Thanks
DS
gsrknth
08-22 12:18 PM
e-filed EAD renewal on 5/27 TSC
FP:6/21
still waiting....
EB2 i
PD:10/05, I140 approved 2/06
Weird!! E-filing should be fast , instead it is slow !!!! I have some friends who e-filed before me and still pending .
FP:6/21
still waiting....
EB2 i
PD:10/05, I140 approved 2/06
Weird!! E-filing should be fast , instead it is slow !!!! I have some friends who e-filed before me and still pending .
more...
desi3933
03-03 12:42 PM
LC approved in 2006, can I still apply for I-140?
No.
No.
delhikadesi
07-17 12:33 AM
By writing about H1b (rather myself) I think I just got carried away with my emotions...but I did not edit it...atleast my emotions are better then their myths...
Here is what I posted in their comments section.
............
I am SHOCKED to see the H1B facts posted on your website!!!.
Please get your facts right before quoting something out for public to read an interpret.
Any misinformation regrading already sensitive issues in totally inappropriate and unjustified.
Lawful non-immigrants are already facing lots of misrepresentation, you and people who may believe in your news should understand that any H1B is not a threat...infact any competition is not a threat.
If knowledge was a threat then mankind would not have evolved to this stage today.
Hope that you will agree by my thoughts and in case of any concerns, revert your questions to my email.
Thanks
Here is what I posted in their comments section.
............
I am SHOCKED to see the H1B facts posted on your website!!!.
Please get your facts right before quoting something out for public to read an interpret.
Any misinformation regrading already sensitive issues in totally inappropriate and unjustified.
Lawful non-immigrants are already facing lots of misrepresentation, you and people who may believe in your news should understand that any H1B is not a threat...infact any competition is not a threat.
If knowledge was a threat then mankind would not have evolved to this stage today.
Hope that you will agree by my thoughts and in case of any concerns, revert your questions to my email.
Thanks
more...
vicks_don
07-31 03:21 PM
As far as i know. Once you work on EAD your visa status is lost and u need to get Advance Parole for re entry. But how would this be notified to INS is something i am not sure. But its safer to get AP if EAD has been used for work.
I heard some cases where if for some reason EAD cannot be renewed you can come back to h4 status.
I heard some cases where if for some reason EAD cannot be renewed you can come back to h4 status.
gjoe
11-09 07:07 PM
Lawyers are suckers. There are like leeches ( always there are exceptions though)
more...
akred
06-02 09:18 PM
Science, Technology, Engineering and Mathematics....
Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.
Does anyone have a list of majors included or any other information on this issue?
Thanks.
I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.
Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.
Does anyone have a list of majors included or any other information on this issue?
Thanks.
I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.
Dhundhun
03-19 12:11 AM
I am also thinking on same line. I requested lawyer to provide me details.
Hi guys,
My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.
To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.
So,
I am going to apply for a tax filing extension (which gives me 6 mths)
Simultaneously, I am going to apply for her EAD
Hopefully EAD takes 4 mths
Then I will apply for SSN
and then file our taxes with both our SSNs
hopefully, we get our economic stimulus after that.
Does this sound reasonable? or is there any other way I can do this?
Thanks.
Good luck to everybody.
Hi guys,
My wife doesnt have SSN yet. We both have our 485's pending. I have my SSN.
To get the Economic stimulus amount, we both have to file taxes with our SSNs. Since we dont her SSN, we cannot file before APR 17th.
So,
I am going to apply for a tax filing extension (which gives me 6 mths)
Simultaneously, I am going to apply for her EAD
Hopefully EAD takes 4 mths
Then I will apply for SSN
and then file our taxes with both our SSNs
hopefully, we get our economic stimulus after that.
Does this sound reasonable? or is there any other way I can do this?
Thanks.
Good luck to everybody.
pal351
11-21 04:49 PM
Hi Friends,
You may answered this so many times but I missed.. Please some tell me, How much is the Fee for AP Renewal? and Required Docs for the Papaer Filing.
I filed my I 485 on July 24th 2007
Thanks,
-Pal.
You may answered this so many times but I missed.. Please some tell me, How much is the Fee for AP Renewal? and Required Docs for the Papaer Filing.
I filed my I 485 on July 24th 2007
Thanks,
-Pal.
asdqwe2k
05-22 09:36 AM
Official Press release..
http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf
“This report illustrates that legal immigrants who play by the rules experience significant hardships that harm families, businesses, and, ultimately, our economy,” said Cornyn, who chairs the U.S. Senate Judiciary’s Subcommittee on Immigration, Border Security and Citizenship. “I believe Congress can address these issues in a thoughtful yet decisive manner.”
http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf
“This report illustrates that legal immigrants who play by the rules experience significant hardships that harm families, businesses, and, ultimately, our economy,” said Cornyn, who chairs the U.S. Senate Judiciary’s Subcommittee on Immigration, Border Security and Citizenship. “I believe Congress can address these issues in a thoughtful yet decisive manner.”
otovarm@hotmail.com
03-03 12:29 PM
Hi everyone, I am seeking some help:
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
-My wife's Labor Certification was approved on Oct-09-2006
-Priority Date: April-30-2001
We did stay on H1B (wife) and H4 (me) in the US for about 9 years total, we did extend the H1B year by year once the initial 6year period ended (labor was still pending). We left the US on Dec-27-2007 and have been outside the US since. Now we have our new 5year Turist Visa B1/B2.
1st Question:
Can we still apply for next steps towards the GC based on that approved labor cert, even though more than 2 years have passed since it was approved? (I believe next steps are I-140 and 485, right?
If answer is YES, can we go premium processing?
IMPORTANT: One of the partners in the company which filed the labor for her did die about 3 years ago. It seems like a new partner came in but still one of the original partners and the one who was my wife's boss when she was working for the company is still there. We are a little concerned because when we first approached the guy at the company about 2 years ago (when we got the LC approval notice) he told us that they had to restructure the company because of the other partner's death and they decided to change the company's name (slightly) and start all over again. At that time he told us that original company didn't have strong balance sheets, bank balances or tax docs to support the I-140 and that he wasn't sure if the new partner would agreed to sign the petition. He told us to wait 1-2 years and see if he could do it.
When we got that response we decided to leave the country (didn't have other option) and stay outside the country for at least a year to have the option to come again thru H1B with another company. (We also had twin boys - americans - and it has helped us to be in our home country while they were small babies).
Now we want to return to the US but we would like to know if we still have a chance to apply for the I-140 with that company. Anybody has any insights about this? Does it matter that the company changed its original name, even though the person who signed the LC petition would be the same person who signs the I-140 petition?
In the worst case scenario that this guy won't help us signing the I-140, can we apply thru another company under the original approved LC? I guess that if it is possible, then it should be thru a company under similar industry, or located in same region and Job description should match the one in the LC.
Thanks for taking the time to read this and any insights would be greatly appreciated.
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