pmat
02-20 08:55 AM
a) Can he hold on to his EB3 priority date..though the new petition would be filed under EB-2 ?
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
Yes, you can hold on to the priority date if you have copy of approved I-140 and you old company doesn't revoke the I-140.
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
If you are already on a H1 and are only doing a H1B transfer, it will not not count towards quota (unless your current H1B is for non-profit org and new H1B is for a for-profit org). You can start working as soon as you get the receipt. But, if you are applying for a fresh H1B, it will count towards quota and you will have to wait till Oct 07 before starting to work.
Yes, I know a lot of ppl have asked this question in the wake of the retrogession that we are all sufferning through ?
Yes, you can hold on to the priority date if you have copy of approved I-140 and you old company doesn't revoke the I-140.
b) If this Company B were to file for H1-B , as I understand it would count towards the 2007-2008 quota which opens on April 1st '07...does this scenario also force you to not start working till Oct'07 (which is when ppl who file in the 2007-08 quota are supposed to start working).
If you are already on a H1 and are only doing a H1B transfer, it will not not count towards quota (unless your current H1B is for non-profit org and new H1B is for a for-profit org). You can start working as soon as you get the receipt. But, if you are applying for a fresh H1B, it will count towards quota and you will have to wait till Oct 07 before starting to work.
wallpaper Robert Pattinson and Kristen
neeidd
07-08 08:47 PM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
anyone?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
anyone?
gc28262
03-03 06:35 PM
Checkout this link
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RNGC
08-22 11:23 AM
Many of us are getting 2 year EADs. Great job IV.
Why AP is not issued for 2 years ? Have any one got 2 year AP ?
Can IV please update on the 2 year AP ? Why it is not issued and anything we can do ?
The reason I am asking this is regarding driver license issues. Lots of people have returned to US using AP. We have got just one year valid I-94s. Each state has its own way of issuing driver license. Since all of us are legal immigrants under the federal system, I think USCIS should publish a memo as what documents are valid for driver license renewals.
Can IV please help on this issue ?
Thanks.
Why AP is not issued for 2 years ? Have any one got 2 year AP ?
Can IV please update on the 2 year AP ? Why it is not issued and anything we can do ?
The reason I am asking this is regarding driver license issues. Lots of people have returned to US using AP. We have got just one year valid I-94s. Each state has its own way of issuing driver license. Since all of us are legal immigrants under the federal system, I think USCIS should publish a memo as what documents are valid for driver license renewals.
Can IV please help on this issue ?
Thanks.
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NNReddy
06-13 11:12 AM
I am curious of the average networth of H1Bs excluding their parent's money. The money they just made so far. Not sure how to start a new thread. I read somewhere online there are lot of H1Bs who are working for 10 years are almost millionaires. Can they use their accumulated wealth to do an investment based green card.
moonrah
07-25 03:09 PM
Hi All,
My 6th year finishes October 2010. My LC is pending for more than one year. If I transfer my H1B from Company A to Company B, Can I get 7th year extension with Company B based on pending Labor with Company A?
Thanks
My 6th year finishes October 2010. My LC is pending for more than one year. If I transfer my H1B from Company A to Company B, Can I get 7th year extension with Company B based on pending Labor with Company A?
Thanks
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amitkhare77
03-03 08:53 PM
wow - you look really scared. I dont see anything wrong sending them an email. as long as you write correct passport number, VFS receipt number, you should be good. you not doing any crime by asking. they wont care if it is written in english or local language just because your mom can't speak english.
again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.
The above is my personal opinion, make your own judgement.
again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.
The above is my personal opinion, make your own judgement.
2010 Robert Pattinson and Kristen
desi3933
01-25 08:37 AM
I had a opt which expired on the 9th. of november and on June 08 i applied to start green card process with help of a lawyer.I have a master degrees from the US and my lawyer told me that i did not need to apply for a H1 visa or a work permit and could directly go for green card. we started the process in June 08 and I applied to eta 9089 on September 08 and could not get any reply back for almost 5 months. My lawyer tells me that it is normal to not get an answer for so long even thought I think we had to get an answer in 3 to 4 weeks after September. Now, my lawyer suggests me to go back to my country as my status will be put of status and I could continue my green card process from back home.
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
You are out of status since Jan 7th. (Nov 9 + 60 days)
Who filed for ETA-9089, Application for Permanent Employment Certification? Typically it is the Employer. I guess, you are EB-2/EB-1 and RoW, since only in that case one file for I-140/I-1485 and can jump from OPT to AOS.
In my opinion, your lawyer took very aggressive approach and should have had Plan B.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
I would like to know if my lawyer is telling me the truth or my lawyer made any mistake..
I need help!!!
You are out of status since Jan 7th. (Nov 9 + 60 days)
Who filed for ETA-9089, Application for Permanent Employment Certification? Typically it is the Employer. I guess, you are EB-2/EB-1 and RoW, since only in that case one file for I-140/I-1485 and can jump from OPT to AOS.
In my opinion, your lawyer took very aggressive approach and should have had Plan B.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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psychman
02-17 04:16 PM
Thanks for the help Kirupa. It works great now!
hair Actress Kristen Stewart and
Prashanthi
07-22 05:50 PM
Hi
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
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grinch
06-26 04:26 PM
This should be moved to the Completed battle Subforum ;)
Mods?
Mods?
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TexDBoy
09-12 02:23 PM
I think if you have a W2 for a job ... you did ... you need to list in G325A ...thats the info I got from legal when I filled the app
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vin13
01-30 08:52 AM
H1 getting cancelled should not affect your Green Card.
You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.
Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.
There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.
You should be able to change as many times as you want. There is no rule. I have changed jobs twice using AC21.
Keep a copy of the AC21 letter and pay stubs, that was submitted by the lawyer for your reference.
There are no clear guidelines or rules for using AC21. As you may already know, there is no need for submitting the AC 21 letter either. So use your judgement.As long as you are working in the similar job type GC process should go fine.
tattoo Robert Pattinson and Kristen
martinvisalaw
07-30 05:01 PM
Occupations on Job Zone 5 are listed here: Job Zone Five: Extensive Preparation Needed (http://online.onetcenter.org/find/zone?z=5&g=Go).
Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.
Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.
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pictures kristen stewart robert
loku
08-16 08:03 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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vkannan
08-07 04:05 PM
Hi
I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,
"Renewal applications are filed based on the location of your residence, as per CIS requirements"
I am based out of MN, hence NSC.
Hope this helps.
I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,
"Renewal applications are filed based on the location of your residence, as per CIS requirements"
I am based out of MN, hence NSC.
Hope this helps.
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makeup hot Robert Pattinson Kristen
ashwaghoshk
10-24 02:06 PM
A receipt of notice is generated immediately. As soon as your application reaches the USCIS ofice they generate the receipt of notice and post mail it to the attorney. It takes 2-3 days for the mail to reach your attorney so we can assume that the total time to get the receipt of notice from the day it was filed should not be greater than 4-5 days.
girlfriend The Kristen Stewart and Robert
aadimanav
08-06 03:50 PM
I have heard/read that the person should work with GC sponsoring company for at least 6 months after RECEIVING the GC. Is that true?
This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?
This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?
hairstyles Robert Pattinson and Kristen
jaya_chh
09-19 11:35 AM
Hello All,
I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.
From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.
Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.
Has anyone faced such a issue.
Please share your experiences and views.
Thanks.
I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.
From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.
Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.
Has anyone faced such a issue.
Please share your experiences and views.
Thanks.
aksvk
09-22 11:40 PM
May be you should try to help, if not then keep shut! ?D...A... hasnt heard about typing errors!
SlowRoasted
05-22 10:14 PM
i dont like where the money text is. should be in one of the corners.
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