pmat
08-08 02:25 PM
It is okay to under-enroll in the last semester after the approval of International Student affairs office of the university.
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anatul
04-23 01:12 AM
I am currently working for Company-A, holding a H1B till 30/09/2012 (approx 1 yr/5 months time left), with the approved I140 and labor (Priority date EB2 Oct 2008).
Now I am thinking to move to other company (Company-B) and the new company is ready to transfer my H1B and start green card processing after 3 months.I had following questions
Q1>Can I move from my present employer to new employer?
If yes will I get New H1B valid till 30/09/2012 or for three more years based on existing approved I140.
Q2>My old employer should not revoke my I140 till my new Labor and I140 get approved with the new employer? (Most likely my old employer (Company �A) is going to revoke the I140 once I leave the company). So will that be any problem for me?
Specifically problem in following scenarios,
a. Porting my priority date for future GC application (Company-B) with revoked old 140(From Company-A).
b. If i am going to get extension only till 30/09/2012 and
if my new GC doesn�t clear new 140 stage by then ( which is highly possible looking at current market conditions and the timeframe when my labor is going to get applied (Easily 8-9 months from now)) Can i get 3 years extension at that stage using revoked 140 from company-A?
I feel very jittery about whether to make this move or not. Looking my existing priority date I assume it is easily going to take another 2/3 years to get green card in existing job.
Please reply this post as it will help me alot
Now I am thinking to move to other company (Company-B) and the new company is ready to transfer my H1B and start green card processing after 3 months.I had following questions
Q1>Can I move from my present employer to new employer?
If yes will I get New H1B valid till 30/09/2012 or for three more years based on existing approved I140.
Q2>My old employer should not revoke my I140 till my new Labor and I140 get approved with the new employer? (Most likely my old employer (Company �A) is going to revoke the I140 once I leave the company). So will that be any problem for me?
Specifically problem in following scenarios,
a. Porting my priority date for future GC application (Company-B) with revoked old 140(From Company-A).
b. If i am going to get extension only till 30/09/2012 and
if my new GC doesn�t clear new 140 stage by then ( which is highly possible looking at current market conditions and the timeframe when my labor is going to get applied (Easily 8-9 months from now)) Can i get 3 years extension at that stage using revoked 140 from company-A?
I feel very jittery about whether to make this move or not. Looking my existing priority date I assume it is easily going to take another 2/3 years to get green card in existing job.
Please reply this post as it will help me alot
cloud 9
05-30 03:52 PM
Answers to some of your questions:
I am in the same situation. I have already sent my FOIA request about 3 weeks back. They have processed only 250 request in last one week. They have around 8600 requests. So it will take around 7 to 9 months to get the docs.
Since you will be asking only for I-140 and/or perm docs, there will be no cost.
You need to know SOC code/Job responsibilities/Salary for using AC-21.
Hopefully, some one who has more knowledge will reply to your other questions.
I am in the same situation. I have already sent my FOIA request about 3 weeks back. They have processed only 250 request in last one week. They have around 8600 requests. So it will take around 7 to 9 months to get the docs.
Since you will be asking only for I-140 and/or perm docs, there will be no cost.
You need to know SOC code/Job responsibilities/Salary for using AC-21.
Hopefully, some one who has more knowledge will reply to your other questions.
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rc0878
09-17 02:34 PM
I am glad to know that
thanks
I think it is better. Your EAD and AP will be processed faster because they are in CSC and your I-485 is in TSC, which is better than NSC.
thanks
I think it is better. Your EAD and AP will be processed faster because they are in CSC and your I-485 is in TSC, which is better than NSC.
more...
checklaw
11-20 09:34 AM
Thanks for the reply.
Where does 1099 fit in in the above list?
Are there any benefits of one over the other?
Definitions :
http://seeker.dice.com/assets/help/help_seeker/other/employement_definitions.htm
Independent Contractor :
http://jobsearchtech.about.com/od/jobs/l/aa083099.htm
checklaw
Where does 1099 fit in in the above list?
Are there any benefits of one over the other?
Definitions :
http://seeker.dice.com/assets/help/help_seeker/other/employement_definitions.htm
Independent Contractor :
http://jobsearchtech.about.com/od/jobs/l/aa083099.htm
checklaw
n2b
02-05 11:25 AM
Hello Friends,
I have utilized AC-21 and moved onto another employer and I will be using my EAD. I have an I-94, from the I-797 of my previous employer, which expires in May 2008.
The question I have is if we have utilized AC-21 can we still live here in US past the I-94 date? Will the stay be considered legal? I ask because as far as I know when a person is on H1B he can not afford to go past the I-94 validity date, does the same apply with an AOS applicant?
I have utilized AC-21 and moved onto another employer and I will be using my EAD. I have an I-94, from the I-797 of my previous employer, which expires in May 2008.
The question I have is if we have utilized AC-21 can we still live here in US past the I-94 date? Will the stay be considered legal? I ask because as far as I know when a person is on H1B he can not afford to go past the I-94 validity date, does the same apply with an AOS applicant?
more...
alisa
06-21 11:36 AM
^^
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Leo07
01-29 08:42 PM
I'll give you a honest answer. Consult an attorney and find a fool proof step, if there is one. Although, I'm inclined to say, stay F1 and bring her as F4. You need much more than that.
It is a big step in life, Congratulations! Whatever you do, immigration is the last thing that must be on your mind on the best day of life!
It is a big step in life, Congratulations! Whatever you do, immigration is the last thing that must be on your mind on the best day of life!
more...
huggybear2679
09-30 05:43 PM
You've been approved per your message below. So all it means in your case is that the USCIS has to let the Visa Center and/or Dept of State know that.
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aj_jadeja
11-14 12:15 AM
Guys
Please chk this URL its about lame duck session . I know its dated Nov 9th but still.
http://thomas.loc.gov/cgi-bin/query/B?r109:@FIELD(FLD003+d)+@FIELD(DDATE+20061109)
it says this.
November 15 and 16, Subcommittee on Immigration, Border Security, and Claims, oversight hearings entitled ``The Energy Employees Occupational Illness Compensation Program Act: Are We Fulfilling the Promise We Made to Cold War Veterans When We Created the Program?'' (Parts IV and V), 2 p.m., on November 15 and 10 a.m., on November 16, 2141 Rayburn.
I m confused with above details.
Aj
Please chk this URL its about lame duck session . I know its dated Nov 9th but still.
http://thomas.loc.gov/cgi-bin/query/B?r109:@FIELD(FLD003+d)+@FIELD(DDATE+20061109)
it says this.
November 15 and 16, Subcommittee on Immigration, Border Security, and Claims, oversight hearings entitled ``The Energy Employees Occupational Illness Compensation Program Act: Are We Fulfilling the Promise We Made to Cold War Veterans When We Created the Program?'' (Parts IV and V), 2 p.m., on November 15 and 10 a.m., on November 16, 2141 Rayburn.
I m confused with above details.
Aj
more...
gc28262
07-31 09:18 AM
EbImmigrationReference: The effect of an employer withdrawal of an I-140: Ron Gotcher (http://ebimmigrationreference.blogspot.com/2010/07/effect-of-employer-withdrawal-of-i-140.html)
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ras
07-08 11:09 PM
Programmer, analyst programmer, developer, software engineer, sr. software engineer, sys analyst, etc., are all the same.
does this include software QA engineer too?
does this include software QA engineer too?
more...
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bagheera
06-10 05:28 PM
Hello all, please share your thoughts/advice on my case.
Worked for Employer A from May 2004 - April 2007
I-140 approved for Employer A in January 2007 (EB2 Category)
Changed job in April 2007 to Employer B (my current employer).
I-485 filed in July 2007 using approved I-140 from Employer A, and a letter for future employment.
Employment verification RFE received in June 2009
My lawyer advises to use AC21 and provide employment verification letter from my current employer (Employer B) for this RFE response.
Since my I485 filing was based on future employment and I did not work for Employer A for 180 days after filing I-485, this causes some complexity.
AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
Thanks!
Worked for Employer A from May 2004 - April 2007
I-140 approved for Employer A in January 2007 (EB2 Category)
Changed job in April 2007 to Employer B (my current employer).
I-485 filed in July 2007 using approved I-140 from Employer A, and a letter for future employment.
Employment verification RFE received in June 2009
My lawyer advises to use AC21 and provide employment verification letter from my current employer (Employer B) for this RFE response.
Since my I485 filing was based on future employment and I did not work for Employer A for 180 days after filing I-485, this causes some complexity.
AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
Thanks!
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raysaikat
05-18 01:52 AM
... Our name is on the lease together here in MA but will we be penalized for living separately when he is away at school?...
Penalize in what sense?
If your marriage is a true marriage, then there will be no problem with respect to immigration even if you do not live at the same place.
Penalize in what sense?
If your marriage is a true marriage, then there will be no problem with respect to immigration even if you do not live at the same place.
more...
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Blog Feeds
03-10 07:20 AM
Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
Example:
LCA start date: 9/1/10
LCA end date: 8/31/13
Form I-129 start date: 10/1/10
Form I-129 end date: 8/31/13
Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.
Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.
Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_getting_the_lc.html)
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perm_res_app
07-29 03:51 PM
Thanks for your answers.
more...
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danu
11-12 03:38 PM
Thanks GCwaitforever.
Let me send my petiton case to Ombudsman..
Has anyone have got any exp with submitting case to Ombudsman and got any resolution..
Let me send my petiton case to Ombudsman..
Has anyone have got any exp with submitting case to Ombudsman and got any resolution..
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beautifulMind
07-05 02:08 PM
Sorry my bad..I did not find it..i was excited when i read this and wanted to post th elink immidiately :)
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samcam
05-24 11:46 AM
As of now we have 3997 members and 111 guests. We need 3 more guests to register so that we can reach the milestone of 4000 members...
sweet_jungle
10-14 04:33 AM
This is getting ridiculous...losing my patience
I think a controlled slow movement is good at the beginning of the year. Last year they had made, for example, EB2 India as April 2004 but they had to make it U after 1st quarter.
So, a controlled slow movement will leave to more un-used numbers in the 3rd quarter when they will then be forced to make big jumps in dates to use up annual visa numbers
I think a controlled slow movement is good at the beginning of the year. Last year they had made, for example, EB2 India as April 2004 but they had to make it U after 1st quarter.
So, a controlled slow movement will leave to more un-used numbers in the 3rd quarter when they will then be forced to make big jumps in dates to use up annual visa numbers
jv101
05-20 12:46 PM
I'm working for Company A and this is my 7th year on H1-B.
I got three years extension last year which is good until Aug'2012 through companyA.(Based on approved I-140 from my previous employer).
My previous employer withdrew my I-140 petition but luckly after getting my 3 year extension with Company A.
Actually,I didn't know that my previous employer had withdrawn the I-140 petition.(Online case status was showing it as approved.) q
I got a very good offer from Company B but I didnt want to take chances with USCIS,so I've told them that I would join only after approval.
CompanyB applied for my H1-B peition asking for 3 year of extension based on I-140 approval.
I was told today that my CompanyB H1-B petition has been denied because of I-140 withdrawal from my previous employer.we didnt know about this because the online case status for I-140 was still showing as approved.
Question
1)Since I've a valid visa until 2012 with Company A. Can company B reappeal the decision asking for H1-B transfer only until 2012.
2)Does the denial has any impact on my current Company A's H1-B petition.
I know it's a tough one but I do appreciate your feedback/help on this issues.
Thanks,
V.
I got three years extension last year which is good until Aug'2012 through companyA.(Based on approved I-140 from my previous employer).
My previous employer withdrew my I-140 petition but luckly after getting my 3 year extension with Company A.
Actually,I didn't know that my previous employer had withdrawn the I-140 petition.(Online case status was showing it as approved.) q
I got a very good offer from Company B but I didnt want to take chances with USCIS,so I've told them that I would join only after approval.
CompanyB applied for my H1-B peition asking for 3 year of extension based on I-140 approval.
I was told today that my CompanyB H1-B petition has been denied because of I-140 withdrawal from my previous employer.we didnt know about this because the online case status for I-140 was still showing as approved.
Question
1)Since I've a valid visa until 2012 with Company A. Can company B reappeal the decision asking for H1-B transfer only until 2012.
2)Does the denial has any impact on my current Company A's H1-B petition.
I know it's a tough one but I do appreciate your feedback/help on this issues.
Thanks,
V.
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