gc2
09-17 10:19 AM
Hi,
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
I am in a different predicament. 1st H term finishes 30-sep-2007. Company A sponsored my H and i have been with them ever since. They sponsored GC. I-140 approved, 485 filed on july 2nd, recd EAD card, AP approved, FP done.
Company A is losing business and is not in a position to pay for H renewal. I have offer from Company B and they are doing H transfer.
Question
1. Can i switch to EAD with Company A and keep H with Company B untill Jan 2, 2008 when i am safe to use AC 21.
2. Do i have to make sure that company A renews my H. In a dire circumstance i can buy my H renewal.
Any help is greatly appreciated as am 2 weeks away from expiring H.
Thanks
Administrator2
03-01 11:32 PM
Here is Part-4 of the study titled - America's Loss is the World's Gain: America's New Immigrant Entrepreneurs.
This study is scheduled to be released tomorrow. Here is the link.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1348616
Excellent work!
This study is scheduled to be released tomorrow. Here is the link.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1348616
Excellent work!
dilbert_cal
03-25 02:00 AM
We should try for
1. Either to remove country quota
or
2. Re-instate soft quota.
The above is a long term and final solution.
Other solutions - allowing to file 485, h1 extension for 3 more years will ease our life while we wait for the green card but the first two would make the wait shorter - do we want to "comfortably" wait longer or get to the end point faster ?
1. Either to remove country quota
or
2. Re-instate soft quota.
The above is a long term and final solution.
Other solutions - allowing to file 485, h1 extension for 3 more years will ease our life while we wait for the green card but the first two would make the wait shorter - do we want to "comfortably" wait longer or get to the end point faster ?
pan123
11-04 04:14 PM
Guys,
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
more...
gmb
01-14 09:45 PM
Asfar as I know the I94 date is always linked to a visa and not the Notice of Action. when i faced the same issue this what I was told.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
invincibleasian is totally WRONG in saying this. Officer at POE does not always determine the expiry date of I-94 based on visa stamp expiry. In case of H1 or H4, the expiry date is determined by the expiry of the concerned H1B petition (Notice of Action) from the current employer. I don't know what kind of issue invincibleasian faced.
Lemme share my own experience to prove my point. I entered the US in Sep 2006 with my visa stamp from my previous employer expiring in 15 days. The Notice of Action from my current employer however had an expiry date of Apr 2007. Officer issued the I-94 with Apr 2007 as the expiry date. No questions were asked. I guess that answers all of your questions.
Shruti is right for the most part. However, I would re-phrase this sentence
>>If the Officer gives June 2007 date, your wife should show the latest I-797 and get the date corrected.
to say this
Present the latest I-797 along with your visa stamp first so officer puts he correct expiry date on I-94, leaving no room for any mistake. With my experience, I can vouch that POE officers seem to be quite aware of this procedure.
avi
02-15 02:05 PM
I am in similar situation. I have received EAD and AP but planning to move on, using H1-B transfer.
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
If you have completed your 180 days with your 'parent' company.. then you are safe!
It's safer to get H1 transfer as mentioned by seltzer above
Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!
I'm going through that process right now!
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
If you have completed your 180 days with your 'parent' company.. then you are safe!
It's safer to get H1 transfer as mentioned by seltzer above
Your new company should be able to take care of AOS transfer for you which means change of representation - i.e. a new attorney representing your AOS case now AND change of job!
I'm going through that process right now!
more...
durgakprasad
02-15 11:20 PM
Hi,
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
Blog Feeds
02-08 06:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjgSd8FcM4lTaM_1Q4yQbdMvICyUl6sx4Ex_q7H2wQUrqrJO8dw2y5MohyphenhyphenPVWP3n7Hgw5tkQj0q6QKFm9q-tayspvR_BGzq7rmdDgC38xmhPvGZ_sygxcjRWtF7SD_xOmNFt22MbZ8uBWo/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjgSd8FcM4lTaM_1Q4yQbdMvICyUl6sx4Ex_q7H2wQUrqrJO8dw2y5MohyphenhyphenPVWP3n7Hgw5tkQj0q6QKFm9q-tayspvR_BGzq7rmdDgC38xmhPvGZ_sygxcjRWtF7SD_xOmNFt22MbZ8uBWo/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjgSd8FcM4lTaM_1Q4yQbdMvICyUl6sx4Ex_q7H2wQUrqrJO8dw2y5MohyphenhyphenPVWP3n7Hgw5tkQj0q6QKFm9q-tayspvR_BGzq7rmdDgC38xmhPvGZ_sygxcjRWtF7SD_xOmNFt22MbZ8uBWo/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjgSd8FcM4lTaM_1Q4yQbdMvICyUl6sx4Ex_q7H2wQUrqrJO8dw2y5MohyphenhyphenPVWP3n7Hgw5tkQj0q6QKFm9q-tayspvR_BGzq7rmdDgC38xmhPvGZ_sygxcjRWtF7SD_xOmNFt22MbZ8uBWo/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
more...
LookingForGC
03-08 12:31 PM
Congrats. Glad to know.
dixie
08-18 12:44 PM
There wont be too many takers for this premium processing for EB3. whats the point in getting i-140 in a jiffy if you have to wait 4+ years to file 485 after that ? The only ones it can help are those seeking 3 year extensions and those seeking to change employers.
Hi
http://www.immigration-law.com
--must be of great help
-Rao.
Hi
http://www.immigration-law.com
--must be of great help
-Rao.
more...
Canadianindian
07-22 06:34 PM
If you read the rules closely, the employer is attesting to the fact that the job will be readily available at a future date. So as long as the employer issues a letter attesting to this, there is no issue. If you do indeed move prior to the six months, make sure you amend your H1B for the necessary changes (eg location)
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
Confirm with the co lawyer also.
Thanks for the info. I may be indeed move prior to six months of filing of 485. Meaning, I recently filed my 485 on July 2nd, and am planning on moving by August 30th.
Does this mean that I can move to a different state as long as my employer issues a letter stating that they would hire me back in the original location at the time of issuance of GC?
Also, what does Amending the H1-B mean? And, would it involve much effort and complications, and would I have to file for the 140 and 485 again?
kishdam
11-06 03:32 PM
All Guru's
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
I have only 2 options:
1) Take the Company B offer and Remain on the Bench for Company A at the same time for certain period to get the I140 copy. - Can I do this because I will be getting pay from New Employer (EAD) and old Employer (H1B) - Does this trigger any issue in future - Is this over lap (15 days) is OK
2) Do not take the Company B offer (but this is very good offer)
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
more...
zoozee
06-11 06:52 PM
Thanks GCard_Dream to understand .
Zee.
Zee.
pcs
07-18 08:12 AM
Guys can you keep this thread up please ????
more...
cessua
11-07 05:41 PM
Here is where you will be able to find the best consulting companies and all kinds of information about them:
http://vault.com/
Saludos y buena suerte!
http://vault.com/
Saludos y buena suerte!
royjonny
06-19 01:16 PM
Well the lawyer representing the new company believes that without a copy of 140
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
more...
chumki
12-17 03:46 PM
Got laid off but found a new job and working on EAD.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
nanz16
12-11 06:32 PM
Hi Cal97,
AFAIK USCIS does not respond to interfiling requests. Whether it is successfully done is known only when you receive your 485 approval/ RFE Etc. Anyone with better answers ? I am also in the same boat.
AFAIK USCIS does not respond to interfiling requests. Whether it is successfully done is known only when you receive your 485 approval/ RFE Etc. Anyone with better answers ? I am also in the same boat.
cherupally
09-05 11:37 AM
Does anybody has format for Non-availability of Birth Certificate? If yes, can somebody post the format please..
Roger Binny
10-25 11:52 PM
No-english ticket (http://www.kvue.com/news/state/stories/102309kvue_no_english_folo-cb.2464cdf97.html)
YesWeWillGet
09-09 06:42 AM
One of my friend was successful porting his May 2004 priority dated EB3 to EB2. The entire porting process took three months for him to obtain Perm based LC and I-140 approvals.