jhaalaa
04-05 09:17 PM
I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
>> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
Can someone please answer my questions?
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
>> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
>> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
>> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
>> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.
Hope the above helps.
Best Wishes for all.
>> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
Can someone please answer my questions?
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
>> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
>> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
>> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
>> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.
Hope the above helps.
Best Wishes for all.
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GCNirvana007
04-08 04:50 PM
Also, did you know we have some action items? and did you notice some people donate time and money?
Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.
Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.
bluez25
07-15 02:58 PM
I will keep you guys posted of my happenings....
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aamchimumbai
09-04 03:00 AM
I called my Civil Surgeon yesterday and asked her if she was willing to fill out a new I-693 form because it has been changed. Well, she was willing to fill out but said the old data (May 2008) is not valid, precisely TB test/Blood work/Physical exam. I thought it was ridiculous because all she had to do was validate her own results from the last exam. She was open for validating any vaccination records but not her own tests that she conducted.
I really don't want to spend $200/person again for the tests which she has already conducted. Anyways. I guess I'll have to pay her and get the new forms signed.
Is anyone in the same situation?
Thanks
I really don't want to spend $200/person again for the tests which she has already conducted. Anyways. I guess I'll have to pay her and get the new forms signed.
Is anyone in the same situation?
Thanks
more...
gondalguru
07-08 09:40 PM
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
justice4all
02-25 04:57 PM
This is the link.
http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html
Hi akhilmaharajan,
I cant access the link. It opens a blank page. Can you tell me why?
thanks
http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html
Hi akhilmaharajan,
I cant access the link. It opens a blank page. Can you tell me why?
thanks
more...
H1BLegal95
05-30 01:19 PM
According to this bill in current form the nonimmigrant should have filed for an immigration peition and the petition should be pending for > 365 days. If not he wont qualify for an extension.
However nothing is said about if the I140 process itself will continue when the H1 leaves the country (provide employer is still wants the H1b) and he can file for an extension after his I 140 is approved?
My H1 is due for renewal in Sep 2007. My I140 was filed in Feb 2007. So they wont give me a H1 extension to Sep 2008 since my I140 is pending < 365 days ??
However nothing is said about if the I140 process itself will continue when the H1 leaves the country (provide employer is still wants the H1b) and he can file for an extension after his I 140 is approved?
My H1 is due for renewal in Sep 2007. My I140 was filed in Feb 2007. So they wont give me a H1 extension to Sep 2008 since my I140 is pending < 365 days ??
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gova123
08-02 05:16 PM
I am from Tampa, I am interested in the rally, and I know for sure that one of my friend would also commit if we can work this out. let me know
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istrategist
05-07 05:37 PM
Found out rates today (for their highest bracket)
SBI: 45.25 (no fees)
Citi ACH: 45.27 (Rs 55.15 per transaction)
ICICI : 45.32 (Rs 25 fee per transaction)
SBI: 45.25 (no fees)
Citi ACH: 45.27 (Rs 55.15 per transaction)
ICICI : 45.32 (Rs 25 fee per transaction)
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kaisersose
05-07 01:26 PM
By virtue of your pending 485, you can stay unemployed for any length of time. But if/when CIS asks you for proof of a bonafide job offer, you should have one. Looking for a job at that time will not work.
more...
chanduv23
09-29 03:37 PM
Hope there are a few more approvals today and tomorrow before dates retrogress...
I would say "no hopes"
I would say "no hopes"
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snathan
04-15 06:32 PM
Hello,
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
As you overstayed more than 180 days...you might be barred entering the US for 3-10 years. But there is no other option for you..
Good luck
You have no idea how I am desperate and will appreciate your help.
I basically get a 0 1 visa to work for a first employer. Then I get another job offer and leaved the first employer who revoked my initial visa.
The new employer was supposed to apply for a new visa for me but he never did it. He get debts problems and laid off half of the company including me.
My only visa has really been revoked so I really overstayed 7 months.
Today I got another job offer with a new sponsorship so I saw several attorneys and some of them said nothing was possible to do and some said it was maybe possible to fix the overstay.
Today I have to take a decision, go thought this new job offer and take the risk to never get the visa and then the job - or forget about it, leave the US right now and think about the USA in 3 years.
Please help me - what do you think I should do? Is it really impossible to get an overstay waiver with a new petitioner?
Thanks a lot for your advises
As you overstayed more than 180 days...you might be barred entering the US for 3-10 years. But there is no other option for you..
Good luck
more...
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indyanguy
03-18 07:37 PM
What is the reasonable time to wait for the approval of I-140 (EB3, NSC) before contacting the senator's office?
Mine has been pending for 8 months now.
Mine has been pending for 8 months now.
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pappu
04-10 12:28 PM
I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.
Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?
I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
more...
pictures Salma Hayek Breastfeeding a
sundarpn
08-03 06:45 PM
Is the below in bold which mambarg has mentioned true?
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.
its news to me that 485+180 day rule applied to mere porting of priority date too?
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
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thandan
03-15 07:19 PM
Typo fix
They have also obtained a I-797 for me as a backup which I have not used
They have also obtained a I-797 for me as a backup which I have not used
more...
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gapala
05-06 09:09 PM
Sorry to hear about that dude!
Did they book any charges against you?
Where did this happen? What did they say when they left?
Do you have officer's names/contact number?
One thing you could do is that you can write to Senators and Governer about this and also the Media Reporters.
Talk to a lawyer as well if you are mentally worried about this.
Did they book any charges against you?
Where did this happen? What did they say when they left?
Do you have officer's names/contact number?
One thing you could do is that you can write to Senators and Governer about this and also the Media Reporters.
Talk to a lawyer as well if you are mentally worried about this.
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ck_b2001
12-11 01:29 PM
I read somewhere that CBP officers are instructed to make a photocopy themselves if 2 originals are not given.
The photocopying is best left to them as the one you make has potential of having been tampered.
TSC is giving out 2 original copies. I think it would be better to leave atleast one original to CBP officer at POE. Better record keeping on their end is good for future travel. There are designated counters with parole stamp so it is almost gaurenteed that you will be sent to a different counter from visitors line.
The photocopying is best left to them as the one you make has potential of having been tampered.
TSC is giving out 2 original copies. I think it would be better to leave atleast one original to CBP officer at POE. Better record keeping on their end is good for future travel. There are designated counters with parole stamp so it is almost gaurenteed that you will be sent to a different counter from visitors line.
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don_don
06-25 08:43 AM
If I were you, I would wait till it is 1st of July. What if they reject it,,u loose more time than saving!
logiclife
10-17 03:00 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
Yes, the post office DOES NOT forward USCIS mail even if you fill out the "forwarding address" form at post office, I have read this somewhere.
However, you can change your address with USCIS directly with AR-11. That way, USCIS will send it to your new address. Another thing, the receipt notices will go to your lawyer if you used a lawyer. Once the receipt notices come, register those case numbers in an online customer account on USCIS and track status. Once the status is approved, (of EAD or AP), then call USCIS to confirm that the cards are being shipped to your new address.
belmontboy
04-10 03:30 PM
source?
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