piyu7444
05-05 11:27 PM
Employer can revoke 140 but as 180 days have passed you will have to demonstrate to USCIS that your 140 would have been approved with the new company if it was filed. That is somewhat not very straightforward so my suggestion is that you should take your employer in confidence so that 140 is not revoked......
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
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sunny1000
04-09 03:19 PM
Hi,
My H1B expired on sept 2009. My employer applied for my visa extension I received my approved 797 copy, but I 94 number on my 797 and passport are not matching. To explain further, when I first entered in US in March 2007 I got I 94 (ex: 123), when I last time entered in US in April 2008 I got I94 (ex: 456) which is my latest I94 number displayed on my passport. My latest H1B extension valid till sept 2012 is showing I 94 number issued to me when I entered in 2007 (123) instead of my latest I 94 number(456) attached to my passport.
Will this be a problem? I have to sponsor my in-laws visa so please guide me how this can be handled. Any help appreciated. Thank you very much in advance.
USCIS goes by what is called "last action rule". The last action was the extension issued after you came into the country, even though it has the 123 number on the I-94. So, you should be ok.
My H1B expired on sept 2009. My employer applied for my visa extension I received my approved 797 copy, but I 94 number on my 797 and passport are not matching. To explain further, when I first entered in US in March 2007 I got I 94 (ex: 123), when I last time entered in US in April 2008 I got I94 (ex: 456) which is my latest I94 number displayed on my passport. My latest H1B extension valid till sept 2012 is showing I 94 number issued to me when I entered in 2007 (123) instead of my latest I 94 number(456) attached to my passport.
Will this be a problem? I have to sponsor my in-laws visa so please guide me how this can be handled. Any help appreciated. Thank you very much in advance.
USCIS goes by what is called "last action rule". The last action was the extension issued after you came into the country, even though it has the 123 number on the I-94. So, you should be ok.
thakkarbhav
02-08 09:43 AM
Yes. Perm Resi Card is your green card. You need H1B OR EAD OR GC/Citizenship to work.
Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.
GC is like super user so you can work for any employer in the USA.
I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.
Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.
GC is like super user so you can work for any employer in the USA.
I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.
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eb2dec2005
05-25 02:49 AM
hi ,
I would like to get my M-I-L's visa extended for couple of months, whose I94 is valid until June7th.
She got her multiple visa through her daughter , around 9 years back.They are no longer in US.Currently
Please let me know the following.
`a) The documents needed for extension.
i moved to a new employer and my previous employer who filed my GC has cancelled my H1.
currently iam working on EAD and haven't invoked AC21.
b)Can my m-i-l stay beyond her I94 date,until we hear from USCIS about approval/denial?
I would apppreciate all your suggestions and responses.
I would like to get my M-I-L's visa extended for couple of months, whose I94 is valid until June7th.
She got her multiple visa through her daughter , around 9 years back.They are no longer in US.Currently
Please let me know the following.
`a) The documents needed for extension.
i moved to a new employer and my previous employer who filed my GC has cancelled my H1.
currently iam working on EAD and haven't invoked AC21.
b)Can my m-i-l stay beyond her I94 date,until we hear from USCIS about approval/denial?
I would apppreciate all your suggestions and responses.
more...
WhatWentWrong
05-14 05:23 PM
Hello,
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
life99f
03-25 09:19 AM
Thanks...I haven't worked with cap H1b before.
So it seems IMPOSSIBLE to change job from university to company since most companies won't help you apply H1B on April and wait 6 months (till Oct) to put you into work.
So it seems IMPOSSIBLE to change job from university to company since most companies won't help you apply H1B on April and wait 6 months (till Oct) to put you into work.
more...
godbless
01-10 02:22 PM
Guys:
Any news when this would be out and what to expect..??
Good Luck..
May be on Friday. Usually it is on Fridays only.
Any news when this would be out and what to expect..??
Good Luck..
May be on Friday. Usually it is on Fridays only.
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greencard_fever
07-31 05:45 PM
Can you tell us where that thread is?
Thanks
http://immigrationvoice.org/forum/showthread.php?t=20230
Thanks
http://immigrationvoice.org/forum/showthread.php?t=20230
more...
raysaikat
05-07 08:42 PM
Hi,
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
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jcrajput
07-20 01:58 PM
Thank you.
Is there any risk or limitation?
Is there any risk or limitation?
more...
sukhwinderd
11-15 04:00 PM
has anyone thought about this :
if DREAM act passes. children staying here illegally will be able to sponsor GC for their parents staying here illegally, after 5 years. and we will still be DREAMing about our GCs.
if DREAM act passes. children staying here illegally will be able to sponsor GC for their parents staying here illegally, after 5 years. and we will still be DREAMing about our GCs.
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pd052009
11-18 07:08 AM
FI...I got my DL yesterday, 40 days after giving DMV tests.
more...
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greendream
08-22 01:44 PM
Pani_6,
Could you post the URL from the immigration.com?
Thanks
G.
Could you post the URL from the immigration.com?
Thanks
G.
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sri1234
01-30 08:47 AM
You can work on H1B visa till you get FINAL approval or denial.
Whats your attorney openion?
I do not have direct contact with the attorney.
My company hr says i can work as per the attorney.
I am wondering will this have any effect on my I-485?
Can i apply for H1 transfer during this period?
Please advise.
Whats your attorney openion?
I do not have direct contact with the attorney.
My company hr says i can work as per the attorney.
I am wondering will this have any effect on my I-485?
Can i apply for H1 transfer during this period?
Please advise.
more...
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grinch
05-09 01:16 PM
I like it, it's great, but the font of the 35 cents doesn't fit well... To generic?
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go_guy123
01-21 11:47 AM
Via The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
So other WTO member countries need to challenge based on that.
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
So other WTO member countries need to challenge based on that.
more...
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vin13
05-17 11:17 AM
With the possiblity of the annual spillover coming up soon, wanted a quick poll to see the upcoming PD distribution within the IV community. EB2-India and waiting for adjudication only please (we can start another one for EB3-I & ROW)
USCIS provides pending 485 inventory
DOS issues demand data used for monthly visa bulletin calculations.
When these informations are now available, there is no use/need for a poll of this kind. It boils down to why take sample data when you have complete data provided by USCIS and DOS.
USCIS provides pending 485 inventory
DOS issues demand data used for monthly visa bulletin calculations.
When these informations are now available, there is no use/need for a poll of this kind. It boils down to why take sample data when you have complete data provided by USCIS and DOS.
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CADude
10-19 12:54 PM
My friend also don't have any issue. He filled on June 10th 2007 and has to leave county on June 12th 2007. He and spouse got stamping and came back to US on July 11th 2007. They have done FP and got EAD.
It's advisible to to have Receipt# before leaving and I am hoping you will get in next 8 weeks for sure. Good Luck.
I have I-140 approved and also based on I-140, I have 3 years H1B approved which expires in 2010.
My I-485 was rejected and I have re-submitted which is obviously pending and not further news on that (refiled on 10/10/07 at CSC)
I have following questions:
1. If I want to travel to INDIA for 6-8 weeks, Is there any problem?
2. Can I get H1B VSIA stampled at BOMBAY?
3. Do I need any other document except H1B approval notice & I-140 approval notice?
4. Do I need to mention about I-485 been filed?
Please help. Thank you in advance.
It's advisible to to have Receipt# before leaving and I am hoping you will get in next 8 weeks for sure. Good Luck.
I have I-140 approved and also based on I-140, I have 3 years H1B approved which expires in 2010.
My I-485 was rejected and I have re-submitted which is obviously pending and not further news on that (refiled on 10/10/07 at CSC)
I have following questions:
1. If I want to travel to INDIA for 6-8 weeks, Is there any problem?
2. Can I get H1B VSIA stampled at BOMBAY?
3. Do I need any other document except H1B approval notice & I-140 approval notice?
4. Do I need to mention about I-485 been filed?
Please help. Thank you in advance.
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gc_on_demand
03-10 03:29 PM
Hello Every one
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.
How to update Profile :
(1) Login into IV site
(2) Click on Forum from Top Navigation
(3) Click on My User Profile from Drop down
(4) Click on Edit Your Details on Left side navigation. Please enter correct GC details
Post confirmation message once you are done so you can verify details of your profile in your post.
As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.
h1bdude1
03-25 06:04 PM
I will be going to Civil Surgeon Next week for my Medical Exam Report (I-693). I saw lots of people got RFE (Query) from USCIS for Incomplete I-693. most of the time i heard its a Surgeon Mistake - either missing chest X-Ray Report or missing signatures or not standard X Ray Report and so on.
1. Could somebody Recommend me any Precautions which i need to take
while visitng civil surgeon office to minimize mistakes.???
2. Do i need Chest X-Ray Report from civil surgeon ??
3. what else i need from civil surgeon ??
P.S : Mine is a Family Based AOS
1. Could somebody Recommend me any Precautions which i need to take
while visitng civil surgeon office to minimize mistakes.???
2. Do i need Chest X-Ray Report from civil surgeon ??
3. what else i need from civil surgeon ??
P.S : Mine is a Family Based AOS
ameryki
03-23 08:48 PM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
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