finimits
04-24 09:09 PM
Hello,
I would appreciate any help on the below matter. Thanks in advance!
My information:
----------------------
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011)
My Questions
----------------------
If I move to another company as soon as my 3 year H1B extension comes through and they start my GC process again, what do I have to be careful about regarding
1. Is this even possible?
2. Will the H1B keep getting extended after I switch employers.
3. Can I keep my PD?
4. If the new company is in a slightly different field but my job remains similar, does that matter?
5. What happens if after I transfer, my current employer revokes my i-140? Does that matter since my new employer will restart my GC process anyway? (Also, do i get to keep my PD in this case?)
Thank you very much!
I would appreciate any help on the below matter. Thanks in advance!
My information:
----------------------
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011)
My Questions
----------------------
If I move to another company as soon as my 3 year H1B extension comes through and they start my GC process again, what do I have to be careful about regarding
1. Is this even possible?
2. Will the H1B keep getting extended after I switch employers.
3. Can I keep my PD?
4. If the new company is in a slightly different field but my job remains similar, does that matter?
5. What happens if after I transfer, my current employer revokes my i-140? Does that matter since my new employer will restart my GC process anyway? (Also, do i get to keep my PD in this case?)
Thank you very much!
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oldguynewguy
12-19 12:08 AM
Thanks for the quick response.
Isn't the GC process independent of what you do now. It is petition for future employment. That is, at the time of adjudication, the employer should still be willing to offer the same position to me or the current employer should provide a letter indicating the responsibilites in the current job are the same as in the original petition.
If I take another job on H-1B, how does the AC21 rule come into play when I am not on EAD?
Also, if there any rule that you have to stay in the current job responsibilities for 6 months after getting GC?
Isn't the GC process independent of what you do now. It is petition for future employment. That is, at the time of adjudication, the employer should still be willing to offer the same position to me or the current employer should provide a letter indicating the responsibilites in the current job are the same as in the original petition.
If I take another job on H-1B, how does the AC21 rule come into play when I am not on EAD?
Also, if there any rule that you have to stay in the current job responsibilities for 6 months after getting GC?
Blog Feeds
09-09 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
2011 or you can ride a roller
vikasgarg24
08-04 02:39 PM
You dont need to file 485 again. after i140 approval send a email to SC and they will include new I-140 and Labor in 485
more...
rajeshalex
07-17 08:28 PM
Hi All,
Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.
Anyone got any clues?
Thank You
Rajesh Alex
Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.
Anyone got any clues?
Thank You
Rajesh Alex
90210
03-28 04:35 PM
Hello All,
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
I have to fill up the form I-539 for the extension of H4. Because we already applied for I-485, can someone please clarify what we should mention against these questions?
Part 4:
3. Answer the following questions. If you answer "Yes" to any question, please describe the circumstances in detail and explain on a separate sheet(s) of paper.
a. Are you, or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application?
c. Has a Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any other person included in this application?
I am thinking we should say "Yes" to all these questions. But what we say on a separate sheet of paper?
more...
mg_chase
01-11 12:19 PM
Been there. Done That. U should be just fine. Pls remember to contribute to IV.
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ras
02-22 09:04 PM
Is there a way to see this program online instead of TV?
more...
saro28
01-12 09:59 PM
I would suggest you to switch to EAD. There is no reason for you stick to H1-B anymore.
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maximus777
08-13 03:39 PM
What would happen to those in EB3 but havent filed their 485 yet, or prospective EB3 applicants who havent filed for labor yet? Not all jobs or applicants qualify in EB1/EB2 category - to hell with them?? :confused:
more...
haroontabrez
10-05 07:44 PM
Hello,
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
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idark
06-24 07:05 AM
Halfdog
It really doesnt fit in anywhere lol - But I can experiment a bit see what I can come up with. Can I resubmit my entry?
It really doesnt fit in anywhere lol - But I can experiment a bit see what I can come up with. Can I resubmit my entry?
more...
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tabletpc
11-12 10:48 AM
I recently took up a fulltime job and I was told that drug test will be taken few days before the join date. Also the employment is contegent upon succefull drug test and background test.
My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.
SO is this common to conduct drug test few days before join date...??
My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.
SO is this common to conduct drug test few days before join date...??
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glus
01-05 08:32 AM
NO, you cannot interfile. A Family-based priority date, cannot be used in connection with employment-based. If you are married to a U.S. Citizen, and you already have an approved I-130, you can apply to adjustment of status immediately through the U.S. Citizen. You file AOS now and it may get approved much faster than the employment-based. Once you file the new I-485 through family, you generally should withdraw the employment-based. But wait until you receive a new EAD via the new I-485.
more...
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ourquestions
09-21 07:53 PM
My H-1B petition is currently under processing in Vermont sevice center.
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
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wata
06-21 07:51 PM
Friends,
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
more...
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whattodo21
04-19 10:50 AM
this is good information, thank you.
Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
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peer123
06-17 09:18 PM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
I suggest go with EB2 if the priority date is way ahead of EB3
I suggest go with EB2 if the priority date is way ahead of EB3
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kartikbalaji
01-02 10:21 AM
I could see LUD on my I-485 case too yesterday.
engineer
10-30 07:42 PM
(bump /\)
(bump /\)
(bump /\)
hkancharla
11-06 09:37 AM
Even i had two LUD on my 485. One on my fingerprints day other after two days of my fingerprints. Do some one know what that two LUD's?
I know one is for Fingerprints recived and what about other?
My PD is May 2002, Recived EAD, FP but no AP
I know one is for Fingerprints recived and what about other?
My PD is May 2002, Recived EAD, FP but no AP
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