lkapildev
02-08 03:05 AM
Goodluck!
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japs19
02-20 01:13 PM
Q:1. First and foremost - can I change my job as I am entering the 6th year of H1?
A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.
I suggest option 1 is the best and works for almost everyone.
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
If you have smart lawyer, there should not be any issue.
Good luck ....:)
A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.
I suggest option 1 is the best and works for almost everyone.
2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".
3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
If you have smart lawyer, there should not be any issue.
Good luck ....:)
jkays94
05-26 05:02 PM
I'm puzzled that there has been a slow reaction to the Bernie Sander's killer amendment that was disguised as a scholarship fund which has always been there and has benefited many Americans and the National Science Foundation. None of the faxes have been amended neither have the emails, we're asking for good things which are only likely to benefit a few but leave many others in peril. We need to find a way to cushion the effect of this amendment and at the same time highlight that the H1 program is not what it has been vilified to be.
Since the U.S. government imposed a $500 training and scholarship fee on H-1B skilled foreign-born professionals hired by employers, U.S. companies have paid more than $1 billion in fees that have funded more than 40,000 scholarships for U.S. students in math and science. The fees obtained from employers have also funded hands-on science programs for 75,000 middle and high school students and 3,000 teachers. In addition, more than 55,000 U.S. workers and professionals have received training through the H-1B fees paid by companies.
Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)
Since the U.S. government imposed a $500 training and scholarship fee on H-1B skilled foreign-born professionals hired by employers, U.S. companies have paid more than $1 billion in fees that have funded more than 40,000 scholarships for U.S. students in math and science. The fees obtained from employers have also funded hands-on science programs for 75,000 middle and high school students and 3,000 teachers. In addition, more than 55,000 U.S. workers and professionals have received training through the H-1B fees paid by companies.
Point is, if IV attains its goals on EB visas, there will still be many members affected by Bernie Sander's amendment. Of what use will visa number availability be to someone whose non H1-B dependent employer makes an economic decision to lay them off as they can longer afford to spend $250,000 a year + attorney fees renewing 50 H1-B's ? Given that this person would instantly be out of status (and find it difficult to find an employer rushing to spend $5k right away), the individual would have no recourse also given that they would not be eligible for a Z visa. Can someone help me understand why sticking to an old though good strategy and message without slightly adapting it to the current reality holds good promise for those in limbo by paying no attention to the effects of the Sander's amendment (pending at BEC, beyond 6th year renewal, I-140 not filed as of May 21st 2007 etc)
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quiquincho
05-20 05:47 PM
well said I agree, I gonna go to tijuana and burn my passport and come back illiegally walking and starting working in some car wash .
Here's a few phrases in Spanish you will need to learn:
Hola (Hi)
Soy de Mexico (I am Mexican)
Donde esta la biblioteca, Pedro? (Where is the library, Peter?)
Buena suerte! (Good luck!) :)
-LegalHispanicImmigrantAgainstIllegalImmigration
Here's a few phrases in Spanish you will need to learn:
Hola (Hi)
Soy de Mexico (I am Mexican)
Donde esta la biblioteca, Pedro? (Where is the library, Peter?)
Buena suerte! (Good luck!) :)
-LegalHispanicImmigrantAgainstIllegalImmigration
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rajarao
08-19 03:01 PM
I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.
I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.
--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007
go_guy123
07-30 02:10 PM
This memo is under litigation....lets see the outcome and where the memo stands.
more...
ameryki
06-27 04:05 PM
I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????
I think it is 2 years for approvals that occur after June 30th. Which means yours might be a 1 year deal
I think it is 2 years for approvals that occur after June 30th. Which means yours might be a 1 year deal
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sanju
01-20 01:41 PM
Yes, it looks good, maybe that was done purposely ;-)
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elusive
10-25 03:16 PM
I am in the same boat:
Application recieved: Aug 13
reciept date: October 13
Case status of 765:Approved and got my card also
Case status of 131 :Unable to see status
Case status of 485:Unable to see status
All three reciept numbers starts with SRC-08-008-XXXXX
Customer service lady says" Keep looking you will see it soon"
PD: EB-3 (March 2003)
Application recieved: Aug 13
reciept date: October 13
Case status of 765:Approved and got my card also
Case status of 131 :Unable to see status
Case status of 485:Unable to see status
All three reciept numbers starts with SRC-08-008-XXXXX
Customer service lady says" Keep looking you will see it soon"
PD: EB-3 (March 2003)
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GCNirvana007
08-22 03:06 PM
Yes, am close.. Nov 17, 2003 Eb2 and waiting for sept 1st :) Had an interview last month
You def should get come Sept 1st
I still dont see anyone within Octo 1st 2003, thats really cool
You def should get come Sept 1st
I still dont see anyone within Octo 1st 2003, thats really cool
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bekugc
03-05 06:58 PM
pls respond... thanks ^L^
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desi3933
03-30 11:00 AM
......
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
.....
Congratulations on your permanent resident status (aka green card holder).
1. Your spouse and child are NOT in H4 status anymore effective your I-485 approval date.
2. Since they have filed for I-485, they are in valid AOS Pending status.
3. They must use AP to re-enter USA
_________________
Not a legal advice.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
.....
Congratulations on your permanent resident status (aka green card holder).
1. Your spouse and child are NOT in H4 status anymore effective your I-485 approval date.
2. Since they have filed for I-485, they are in valid AOS Pending status.
3. They must use AP to re-enter USA
_________________
Not a legal advice.
more...
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GCNeophyte
09-03 06:22 PM
Thanks, yes our last names were different.
I told the postman.
Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.
Does anyone know how long it would take for the USCIS to resend the card?
When i filed for my EAD card, they returned my card and I had to open SR by calling 800 number. I received card after 1 - 2 months time frame. Again with USCIS each case is different so hope you get faster.
I told the postman.
Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.
Does anyone know how long it would take for the USCIS to resend the card?
When i filed for my EAD card, they returned my card and I had to open SR by calling 800 number. I received card after 1 - 2 months time frame. Again with USCIS each case is different so hope you get faster.
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jimcourier
06-04 04:36 PM
Hello Folks,
I have a very urgent situation and would really appreciate your help.
Background :-
H1-b holder through consulting company A, filed for extension in Dec 2008 and got approved in 10 days for a valid duration till Nov 2011.
I was working with them on client projects through-out, and have valid pay-stubs until May, and possibly even June.
But I found a full-time job with a small company, who also filed for my H1 transfer. The application packet received USCIS on May 26, and they sent an RFE which was received by us on June 1, along with the Receipt notice. The RFE was for proving my duration of stay outside the US, since my lawyer put that time towards recapture. In hindsight, I should have asked them not to, but what's done is done.
Anyways, my documents have been received by USCIS on Wednesday, and I have no updates yet showing up online.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
Thanks, and keep up all the good work.
I have a very urgent situation and would really appreciate your help.
Background :-
H1-b holder through consulting company A, filed for extension in Dec 2008 and got approved in 10 days for a valid duration till Nov 2011.
I was working with them on client projects through-out, and have valid pay-stubs until May, and possibly even June.
But I found a full-time job with a small company, who also filed for my H1 transfer. The application packet received USCIS on May 26, and they sent an RFE which was received by us on June 1, along with the Receipt notice. The RFE was for proving my duration of stay outside the US, since my lawyer put that time towards recapture. In hindsight, I should have asked them not to, but what's done is done.
Anyways, my documents have been received by USCIS on Wednesday, and I have no updates yet showing up online.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
Thanks, and keep up all the good work.
more...
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gcdesirer
10-12 05:59 PM
My sister is currently working abroad as a Nurse and is looking to work in US. I have done some asking around and figured that Nurses are not welcomed in US as they used to be.
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
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franklin
10-22 11:56 PM
Can we please close this thread? There are already several going
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lost_in_migration
04-09 04:08 PM
http://www.whitehouse.gov/news/releases/2007/04/20070409-12.html
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Gator
04-30 11:24 AM
Thanks shar533 for the response. I want to travel by road though and I do have a valid visa.
I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.
My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?
Thanks
I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.
My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?
Thanks
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crazyghoda
04-29 10:27 AM
Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
mallikonnet
07-19 11:12 PM
Now that the immigration reform for undocumented workers has broken down, is there any way that we can lobby congress to turn their attention to the plight of the skilled worker? The mess created by DOS will result in the worse backlog ever and the longest wait for post June filers. Congress can at least take steps to resolve this by raising the cap for the employment based visas and making it possible for unused visas in previous years to roll over. I also hope that USCIS will increase the human resource base with their higher fees to accomodate the flurry of applications flying in now. How do we get congress to pay attention? Please let discuss this and act.
we can hope for the best and keep on lobbying for our cause of EB retrogresstion. But to be honest i dont think there will be a law change to help us since CIR is dead.
The so called victory against USCIS was possible only because they made the july visa bulletin current due to miscommunication between uscis and dos. USCIS tried to stop the flood of I-485 but later on they reversed their decision and started accepting apps until agu17. SO WE ARE ABLE TO FILE BECAUSE OF THIS MISCOMMUNICATION NOT BECAUSE OF LOBBYING CONGRESS TO CHANGE RULE.
Assume no miscommunication between USCIS and DOS then no july fiasco and no flood of apps.
I think we have a looooooooooong road ahead to get our GC......
we can hope for the best and keep on lobbying for our cause of EB retrogresstion. But to be honest i dont think there will be a law change to help us since CIR is dead.
The so called victory against USCIS was possible only because they made the july visa bulletin current due to miscommunication between uscis and dos. USCIS tried to stop the flood of I-485 but later on they reversed their decision and started accepting apps until agu17. SO WE ARE ABLE TO FILE BECAUSE OF THIS MISCOMMUNICATION NOT BECAUSE OF LOBBYING CONGRESS TO CHANGE RULE.
Assume no miscommunication between USCIS and DOS then no july fiasco and no flood of apps.
I think we have a looooooooooong road ahead to get our GC......
sanju
03-02 11:32 AM
This is good stuff. Thanks for posting it. Not sure if many people have looked at this study because everyone is busy fighting in gulti v/s panju v/s guju v/s bihari v/s others w/s every other category we can think.
I suggest you delete this thread as no wants to look at this.
.
I suggest you delete this thread as no wants to look at this.
.
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