greenhorn
12-09 01:55 PM
When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?
In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?
This is a different question. Is the government job also regarded as cap exempt non profit?
Thank you very much for your help! Our immigration gods bless you!
Best,
I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.
I work for an NPO too and here is what i know:
If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.
Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.
As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.
In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?
This is a different question. Is the government job also regarded as cap exempt non profit?
Thank you very much for your help! Our immigration gods bless you!
Best,
I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.
I work for an NPO too and here is what i know:
If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.
Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.
As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.
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Dhundhun
01-18 11:28 AM
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Ria
FALSE STATEMENT - law was changed couple of years ago.
You do not need to move to Canada
Ria
FALSE STATEMENT - law was changed couple of years ago.
Abhinaym
09-04 02:09 PM
That would be sweet I guess. My PD is Oct. 07. :)
Same here. Would like the prayers along with waitforevergc....
:D
Same here. Would like the prayers along with waitforevergc....
:D
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vxb2004
11-25 07:59 PM
vxb2004,
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.
KKtexas,
I had some soft LUD's in June...but the AC21 documents were sent in June!!
Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.
KKtexas,
I had some soft LUD's in June...but the AC21 documents were sent in June!!
more...
lazycis
10-06 01:22 PM
The law says (8 USC 1154):
"(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
"(j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
BECsufferer
01-21 12:39 PM
rumour say retrogression may lift on march 2009, is it true????
Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:
(Atleast his thought is good, to keep your mind at peace)
Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:
(Atleast his thought is good, to keep your mind at peace)
more...
mzafar125
08-19 12:13 PM
relax until the new biometrics notice comes. Chances are it never will. The CSR you spoke to probably did'nt read/know the new rules.
I called USCIS again today and spoke to a IO, they stated that the biometrics had expired and that I should simply wait for the new request. I tried to argue with them that the register stated that they should use what they have in their database. They stated that I have to go for my biometrics and there was nothing else they could do about it. I then asked them if everything else had cleared and they stated that they were only waiting for my biometrics at this stage.
The funny thing is that I submitted a referral since my application was outside of the processing times. The referral stated that biometrics were missing. Now if I had not filed my referral USCIS would have simply just sat on my application until god know when. I am going to write a letter and get someone over at USCIS to listen to me. An uphill battle but it's better than just relying on USCIS.
Does anyone know how long biometrics are valid for ?
Good Luck folks, hope this nighmare ends soon
Priority date 10/2002
i-140 approved in 1/2007
EB3, ROW
I called USCIS again today and spoke to a IO, they stated that the biometrics had expired and that I should simply wait for the new request. I tried to argue with them that the register stated that they should use what they have in their database. They stated that I have to go for my biometrics and there was nothing else they could do about it. I then asked them if everything else had cleared and they stated that they were only waiting for my biometrics at this stage.
The funny thing is that I submitted a referral since my application was outside of the processing times. The referral stated that biometrics were missing. Now if I had not filed my referral USCIS would have simply just sat on my application until god know when. I am going to write a letter and get someone over at USCIS to listen to me. An uphill battle but it's better than just relying on USCIS.
Does anyone know how long biometrics are valid for ?
Good Luck folks, hope this nighmare ends soon
Priority date 10/2002
i-140 approved in 1/2007
EB3, ROW
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jnraajan
04-07 02:45 PM
Folks,
My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!
We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.
The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.
Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?
Rgds,
gcisadawg
Keep the receipt in hand. She can leave when she is ready to leave. If VSC responds or has an RFE after her departure, you can respond to that RFE and also provide proof that she has left the country already.
But, the fact is, USCIS does not take it kindly when people on B2 Visa extends beyond the 6 months. She may have trouble coming back a second time. Please be advised of this.
My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!
We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.
The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.
Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?
Rgds,
gcisadawg
Keep the receipt in hand. She can leave when she is ready to leave. If VSC responds or has an RFE after her departure, you can respond to that RFE and also provide proof that she has left the country already.
But, the fact is, USCIS does not take it kindly when people on B2 Visa extends beyond the 6 months. She may have trouble coming back a second time. Please be advised of this.
more...
GCEB2
09-21 10:33 AM
thanks mnhatim....The information is helpful. How about bay area side do you know any affordable places. Also any other websites i can browse threw.
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sgorla
02-23 01:54 PM
Thats right. It all depends on the state that H4 visa holder lives and intends to go to school; for instance State of Nevada does not allow H4 Visa holder to get in-state tution fee, however State of Ohio does allow in-state tution fee for H visa holders (includes H1 and H4).
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
more...
karthik204
06-20 04:09 PM
It is suggested not to travel. But if there is a emergency and you need to travel, talk to your attorney. Even if you get an answer here from someone, do you really want to agree that it would be accurate?
If I were you, I would not worry about it right now unless there is an emergency situation.
If I were you, I would not worry about it right now unless there is an emergency situation.
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supers789
07-11 04:12 PM
As most of you know USCIS is auditing all PERM applications filed by Fragomen. My application filed on April 20th 2008 also received audit (as filed by fragomen). I was wondering how long is it taking to get the response back for these audits? Anyone receilved response for their audits filed by Fragomen?
This is mainly important for me since with PD moved to June 2006, my PD is current (carrying over from old employer), but since PERM is in Audit I cannot file for 485.
Thanks!
This is mainly important for me since with PD moved to June 2006, my PD is current (carrying over from old employer), but since PERM is in Audit I cannot file for 485.
Thanks!
more...
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PixelPix
February 2nd, 2004, 11:32 PM
Here are the compatable lenses from the spec sheet:
Compatible Lenses
1) DX Nikkor : All functions supported
2) Type G or D AF Nikkor : All functions supported 3) Micro Nikkor 85 mm F2.8D : All functions supported except autofocus and some exposure modes 4) Other AF Nikkor*2 : All functions supported except 3D colour matrix metering, i-TTL balanced fill-fl ash for digital SLR
5) AI-P Nikkor : All functions supported except 3D colour matrix metering, i-TTL balanced fill-flash for digital SLR, and autofocus
6) Non-CPU : Can be used in exposure mode M, but exposure meter does not function; electronic range finder can be used if maximum aperture is f/5.6 or faster *1 IX Nikkor lenses can not be used; *2 Excluding lenses for F3AF
Not sure about the flash...maybe StevenT will see this and help you out. Also, not sure if you've seen the full official spec sheet, but here it is. Click here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=121).
WOW! That lens range sure is confusing.
Compatible Lenses
1) DX Nikkor : All functions supported
2) Type G or D AF Nikkor : All functions supported 3) Micro Nikkor 85 mm F2.8D : All functions supported except autofocus and some exposure modes 4) Other AF Nikkor*2 : All functions supported except 3D colour matrix metering, i-TTL balanced fill-fl ash for digital SLR
5) AI-P Nikkor : All functions supported except 3D colour matrix metering, i-TTL balanced fill-flash for digital SLR, and autofocus
6) Non-CPU : Can be used in exposure mode M, but exposure meter does not function; electronic range finder can be used if maximum aperture is f/5.6 or faster *1 IX Nikkor lenses can not be used; *2 Excluding lenses for F3AF
Not sure about the flash...maybe StevenT will see this and help you out. Also, not sure if you've seen the full official spec sheet, but here it is. Click here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=121).
WOW! That lens range sure is confusing.
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soni7007
09-15 11:08 AM
I have been reading posts where suggestions of writing letters to various political figures have been raised and hopefully implemented. I have a suggestion too, please ignore if this has already been brought up and discussed.
As a popular saying goes, a picture is worth a thousand words. So, my suggestion is :
Send our pictures to these people (whoever they are - senator, congressmen etc.). We can include 2 pictures each- eg.- one picture when we initially came (5-10 years back, unmarried, younger looking, graduation picture, college campus etc.). Another picture can be a more recent one (with family, kids, in our office, professional attire, house, car etc.).
We can include a tagline behind each picture.
Now since digital photography has taken over hard copies, many of us would be lazy enough to go take prints and then send them to the senators. So, we can email our pictures to one person (or IV core) and they can hand over the package to the concerned authorities.
I know this is a very rough sketch of what is actually involved in making this happen, so please come up with suggestions/ ideas.
As a popular saying goes, a picture is worth a thousand words. So, my suggestion is :
Send our pictures to these people (whoever they are - senator, congressmen etc.). We can include 2 pictures each- eg.- one picture when we initially came (5-10 years back, unmarried, younger looking, graduation picture, college campus etc.). Another picture can be a more recent one (with family, kids, in our office, professional attire, house, car etc.).
We can include a tagline behind each picture.
Now since digital photography has taken over hard copies, many of us would be lazy enough to go take prints and then send them to the senators. So, we can email our pictures to one person (or IV core) and they can hand over the package to the concerned authorities.
I know this is a very rough sketch of what is actually involved in making this happen, so please come up with suggestions/ ideas.
more...
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cdeneo
12-28 07:28 PM
I am not sure how useful doing an MBA from an Indian school would be if one is planning to get back to the U.S. (or the western world in general) I did mine from IIM Ahmedabad, and find it pretty much worthless here.
any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...
any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...
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digitalrain
06-26 06:53 PM
Thank you for the advice.
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stupendousman11
09-24 01:43 PM
EB2 India from NC.
Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.
EAD CPO email on 9/23 :)
Wife's EAD (applied together) still pending. No LUDs either.
Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.
EAD CPO email on 9/23 :)
Wife's EAD (applied together) still pending. No LUDs either.
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MightyIndian
06-05 11:24 PM
The 765 instruction form mentioned an alternative address for courier/express deliveries as follows:
USCIS
Texas Service Center
4141 N St. Augustine Rd
Dallas, TX 75227.
I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.
MI
USCIS
Texas Service Center
4141 N St. Augustine Rd
Dallas, TX 75227.
I sent my application by USPS Express mail to the above address and someone by name D LAITZ signed for the delivery. I sent the package on 6/2 and it reached USCIS on 6/3. I just checked my bank account and the fee check was cashed revealing the receipt number.
MI
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ita
01-15 07:13 PM
So If we find a job where they are willing to do H1 then will it be like getting the H1 for first time? ...like part of the yearly quota where H1 starts from October or will it be like just file for H1 and start working with the receipt in hand.
Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?
Thank you.
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
Also is there is difference between new H1 b and transferring H1B , from the perspective of the company(that's willing to do H1) . I mean , will the companies hesitate if they have to file for new H1 as against when they have to file for transfer ?
Thank you.
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
HereIComeGC
03-26 11:06 AM
I will go first: 50%
:p
:p
gcformeornot
04-08 01:09 PM
Paper filed too... 2 main reasons.
No FP required at local office(so no day off... no kids hassle...)
With e-file you anyway need to send documents via post......
Beside Paper file is easy to self file so no cost difference....
No FP required at local office(so no day off... no kids hassle...)
With e-file you anyway need to send documents via post......
Beside Paper file is easy to self file so no cost difference....
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