loku
09-30 08:38 PM
Hello,
I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.
My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?
2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?
Thanks for your help and time. Please advice!!
I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.
My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?
2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?
Thanks for your help and time. Please advice!!
wallpaper Brad Paisley photo courtesy of
rkumar28
07-30 09:11 AM
Hi Experts,
My GC finally recently got approved and have following questions:
• If I don’t work for my current employer for at least six months after the approval, what kind of issues comes up when applying for citizenship later. What is the law.
• Do we have to submit six months paystubs or yearly W2s.
All I am just trying to get a knowledge on this.
My GC finally recently got approved and have following questions:
• If I don’t work for my current employer for at least six months after the approval, what kind of issues comes up when applying for citizenship later. What is the law.
• Do we have to submit six months paystubs or yearly W2s.
All I am just trying to get a knowledge on this.
csriram45
06-16 05:51 PM
Hello,
I am currently working for a leading retail company in the US. I filed for my 485 in July 2007 and is pending. The retail company acquired my smaller company and as result had to file for 140 again in 2008. In March 2009 my I-140 was approved and I recd. an email that it was approved and the notice was sent.
Since the I-140 is mailed to the employer, I asked them for a copy of the same. Initially they refused saying it is an employer petetion and after I requested again they said they will provide a copy when the receive it.
It is June now and they claim they have still not recd. it. They are saying they will have to request another one and due to budget constraints they are not going to request one as it costs money. Is this true that you have to spend money again to request a copy if you never recd. it? How much does this cost? Without the copy i do not know what priority date is mentioned.
Suppose in future i want to switch jobs, I would like to know if I need to have a copy of 140 if I want to use AC21?
What are my choices as at this point company says that they have the petetion # and they can use that for any purpose and will not request a copy. This seems a little odd to me.
any help is appreciated.
I am currently working for a leading retail company in the US. I filed for my 485 in July 2007 and is pending. The retail company acquired my smaller company and as result had to file for 140 again in 2008. In March 2009 my I-140 was approved and I recd. an email that it was approved and the notice was sent.
Since the I-140 is mailed to the employer, I asked them for a copy of the same. Initially they refused saying it is an employer petetion and after I requested again they said they will provide a copy when the receive it.
It is June now and they claim they have still not recd. it. They are saying they will have to request another one and due to budget constraints they are not going to request one as it costs money. Is this true that you have to spend money again to request a copy if you never recd. it? How much does this cost? Without the copy i do not know what priority date is mentioned.
Suppose in future i want to switch jobs, I would like to know if I need to have a copy of 140 if I want to use AC21?
What are my choices as at this point company says that they have the petetion # and they can use that for any purpose and will not request a copy. This seems a little odd to me.
any help is appreciated.
2011 Brad Paisley – This Is Country
vparam
07-10 12:09 AM
It would be great if you would edit your post so that the address shows up as migstory(at)microsoft.com
It would be terrible if spambots got this address.
yeah... please take out the email address.....
both of you abracadabra and Googler ... we should not give corps a reason to pull out of this effort
It would be terrible if spambots got this address.
yeah... please take out the email address.....
both of you abracadabra and Googler ... we should not give corps a reason to pull out of this effort
more...
rahulp
01-11 12:25 PM
Hi,
martinvisalaw
11-30 12:54 PM
Thank you for replying. One more follow up question: Is acting without pay considered work and hence a violation ? Thanks in advance.
Yes, acting without pay is working. You might not receive a benefit in financial terms, but you are getting other benefits - experience, publicity, etc.
Yes, acting without pay is working. You might not receive a benefit in financial terms, but you are getting other benefits - experience, publicity, etc.
more...
gcpower1
01-08 01:38 PM
is it ok for them to be unemployed untill new job(because of the current job market) and is it possible for them to change the state because in CA it is very coslty without job?
2010 Brad Paisley - This Is Country
krishna_brc
02-23 08:48 PM
My wife is currently on H-1B status. Her employer has decided to close the company and cancel her H-1B effective from 2/28/09. My wife has an EAD and Advance Parole. We applied for her EAD and Advance Parole, when my company applied for my I-485 Adjustment of Status in July 2007. I wanted to know:
a) What steps are needed to move my wife from H-1B to EAD?
b) Do I also need to move from H-1B to EAD in order for my wife to use EAD?
c) Do I need to move my wife to H-4 status before she can start using her EAD?
In short I wanted to inquire, how to ensure that she is still in legal status after her H-1B is cancelled by her employer?
She will be in legal status although her H1 is cancelled.
Reason - She has file I-485 with you, so technically she is in AOS(Adjustment of Status)
When she finds a new job she will give her EAD details in the I9 form.
You dont have to do anything. You can maintain your H1.
If you convert her status to H4 then she cannot use EAD - meaning she cannot work being on H4.
hope this clears your doubts.
Thanks,
Krishna
a) What steps are needed to move my wife from H-1B to EAD?
b) Do I also need to move from H-1B to EAD in order for my wife to use EAD?
c) Do I need to move my wife to H-4 status before she can start using her EAD?
In short I wanted to inquire, how to ensure that she is still in legal status after her H-1B is cancelled by her employer?
She will be in legal status although her H1 is cancelled.
Reason - She has file I-485 with you, so technically she is in AOS(Adjustment of Status)
When she finds a new job she will give her EAD details in the I9 form.
You dont have to do anything. You can maintain your H1.
If you convert her status to H4 then she cannot use EAD - meaning she cannot work being on H4.
hope this clears your doubts.
Thanks,
Krishna
more...
admin
05-30 08:42 AM
Immigration Voice has been featured today's Baltimore Sun Headlines. Given that many of the Lawmakers and their Staff reside in the Baltimore area, we're sure that this will be a great positive impact for our cause. Thanks to our member Raj Patel for volunteering for this effort.
http://www.baltimoresun.com/news/nationworld/bal-te.md.skilled30may30,0,682133.story?page=1&coll=bal-local-headlines
http://www.baltimoresun.com/news/nationworld/bal-te.md.skilled30may30,0,682133.story?page=1&coll=bal-local-headlines
hair PEOPLE Country has named Faith
dc2007
03-25 02:06 PM
Thanks a lot for the quick reply. I was also thinking to go for H1 as I don't have to renew EAD every year.
My wife has worked on a project and got some money on 1099. and as I said earlier that she has taken SSN based upon her EAD.
Does it mean that she has started using EAD ?
and now her H4 is invalid ?
I have got all copies of my labor, I-140 etc. and it has been more than 180 days that I have got my EAD. Do I need anything else from my old employer ?
My wife has worked on a project and got some money on 1099. and as I said earlier that she has taken SSN based upon her EAD.
Does it mean that she has started using EAD ?
and now her H4 is invalid ?
I have got all copies of my labor, I-140 etc. and it has been more than 180 days that I have got my EAD. Do I need anything else from my old employer ?
more...
lfwf
12-10 11:51 PM
i would start by calling....
hot This Is Country Music 5:11
GC_Applicant
02-27 12:36 PM
What a great innovator with loafty goals.
I saw this guy on CBS 60 minutes and it was truly inspirational. He is not just an "Immigrant of the day" but an great intellect.
How come only one (OP) in this "Hi-tech-hi-skilled" immigrant community take note of this??
Have a great day.
I saw this guy on CBS 60 minutes and it was truly inspirational. He is not just an "Immigrant of the day" but an great intellect.
How come only one (OP) in this "Hi-tech-hi-skilled" immigrant community take note of this??
Have a great day.
more...
house Country Music Awards: The
SGP
11-06 05:06 PM
I�m in EB2 and My I-140 was approved on March 2009 through Employer A. After which I moved to India and now am back (Nov 2010) with Employer B. My old Employer A has my apporved I-140.
It would be great if I get answer the below my Question:
1. Can I apply for I-485 with my new employer B based on my approved 140?? OR
2. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
Thanks for your help.
preety
Hello Preety :
1. Since you are asking the question for applying for I-485 with employer B, I presume that you have not filed for I-485 with employer A. If this is the case then you will have to apply for new labor. Once you have new labor approved, then you will have to apply for I-140. You will be able to maintain the same priority date from the old approved I-140 (please make sure you have a photocopy of approved I-140 from employer A).
Now, if in case you had already filed for I-485 with employer A and the case has been pending for more than 180 days, then you can switch jobs using AC21.
2. I do not personally feel that there is any need to go back to the old employer to file for your I-485.
It would be great if I get answer the below my Question:
1. Can I apply for I-485 with my new employer B based on my approved 140?? OR
2. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
Thanks for your help.
preety
Hello Preety :
1. Since you are asking the question for applying for I-485 with employer B, I presume that you have not filed for I-485 with employer A. If this is the case then you will have to apply for new labor. Once you have new labor approved, then you will have to apply for I-140. You will be able to maintain the same priority date from the old approved I-140 (please make sure you have a photocopy of approved I-140 from employer A).
Now, if in case you had already filed for I-485 with employer A and the case has been pending for more than 180 days, then you can switch jobs using AC21.
2. I do not personally feel that there is any need to go back to the old employer to file for your I-485.
tattoo Country Music Hall of Fame
chanduv23
04-02 04:11 PM
Actually stay outside the country does not constitute towards bench time. So if you are outside country - you are not in bench. One American Consulting company I used to work for way back in 2001 - used to move benched candidates to Canada (if they need to be benched for long time) and then bring them back when they get a project.
Please remember that you may be asked to prove you have a project at POE so when you come back have copies of contract to prove it.
Please verify with an Attorney on my statement above.
Please remember that you may be asked to prove you have a project at POE so when you come back have copies of contract to prove it.
Please verify with an Attorney on my statement above.
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pictures In this CD cover image
dskhabra
05-27 04:28 PM
I had a hard time to get dates in Punjabi for my parents...after trying for many days...finally found some one paid him Rs XXXX and got the desired date time within 1 hour. This is not the right way but I had no other option.
dresses This Is Country Music Brad
WillIBLucky
12-11 11:00 AM
Once you are a member aren't you automatically registring yourself to your state too?
more...
makeup Add to Cart Cart_22. 2010
obelix
07-27 02:26 PM
I got copies of my receipt from my lawyer 2 days ago. Usually how long does it take to get the FP notice?
girlfriend is country music cover
cheesy_x
09-26 01:27 PM
whoah
hairstyles Brad Paisley - This Is Country
Blog Feeds
03-08 08:50 AM
This report should be required viewing for every member of Congress and every US immigration official working on H-1B visa processing. Visit msnbc.com for breaking news, world news, and news about the economy
More... (http://blogs.ilw.com/gregsiskind/2011/03/nbc-news-restrictive-h-1b-policies-are-a-job-killer-for-americans.html)
More... (http://blogs.ilw.com/gregsiskind/2011/03/nbc-news-restrictive-h-1b-policies-are-a-job-killer-for-americans.html)
man-woman-and-gc
03-04 03:48 PM
Hi
I am qualified in finance;started my career in finance & continued for 4 yrs. then switched over to SAP implementation ; for over 3 yrs now, i have been into SAP implementation projects. I have H1B approved for SAP work.
Now, can I take up a job with a different title - say, "Finance Analyst" or "Corporate Finance"? I have been talking to various clients in California that are interested in offering me finance positions.
You can, depends what you can give up for taking the finance job.
You may have to give up your PD depending on your status of immigration.
I am qualified in finance;started my career in finance & continued for 4 yrs. then switched over to SAP implementation ; for over 3 yrs now, i have been into SAP implementation projects. I have H1B approved for SAP work.
Now, can I take up a job with a different title - say, "Finance Analyst" or "Corporate Finance"? I have been talking to various clients in California that are interested in offering me finance positions.
You can, depends what you can give up for taking the finance job.
You may have to give up your PD depending on your status of immigration.
rahulp
01-11 12:25 PM
Hi,
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