sundarpn
04-30 06:58 PM
what about if one changes jobs on AC-21 and then gets married and later wants to file 485 for wife?
Is anything needed from the old employer?
Is anything needed from the old employer?
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hey.camelo
02-06 09:38 AM
My company applied my GC is EB3. I am on H1b and has close to 15 months of my visa.
I am currently in 5th year of My h1. I have 140 approved and I want to change my job due to my financial burdens..
q: Can i change job after getting 3 more years of extension? I meant, Can I transfer the H1 which was applied with 140 after 6 years of stay? Is there a possibility that current employer can do any thing?
Also, can i port the current priority date of green card and apply a new one in Eb2 future?
q: Based on the current labor and 140 waiting time, can 15 months will be enough to change the job and apply a green card and get labor & 140 approved?
if you faced similar situation or having information, can you pass me the same. Thanks a ton.
I am currently in 5th year of My h1. I have 140 approved and I want to change my job due to my financial burdens..
q: Can i change job after getting 3 more years of extension? I meant, Can I transfer the H1 which was applied with 140 after 6 years of stay? Is there a possibility that current employer can do any thing?
Also, can i port the current priority date of green card and apply a new one in Eb2 future?
q: Based on the current labor and 140 waiting time, can 15 months will be enough to change the job and apply a green card and get labor & 140 approved?
if you faced similar situation or having information, can you pass me the same. Thanks a ton.
k2006
08-22 12:44 PM
It is not clear to me why there is inconsistency on whatever they reply for the processing of NSC-->CSC-->NSC cases. Sometime I hear NSC mentions that these transfer cases would be processed based on CSC processing date (which doen't make sense because CSC stopped processing of I-485 caes, so how CSC processing date would move and the transferred case is waiting in NSC not in CSC) and sometime I hear NSC mentions those cases would be processed based on NSC processing date. Which one is actually true ?
I am wondering so far have we seen any approval from NSC for NSC-->CSC-->NSC transferred cases whose processing date RD/ND falls in 2007 (after the 2006 processing date of CSC).
I am wondering so far have we seen any approval from NSC for NSC-->CSC-->NSC transferred cases whose processing date RD/ND falls in 2007 (after the 2006 processing date of CSC).
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rajas
05-15 03:33 PM
Hi Guys,
I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?
I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?
more...
logiclife
03-02 02:26 PM
No.
It makes no difference whether you file premium or regular H1. It goes thru same amount of scrutiny. Only difference is that you get it in 15 days with extra $1000 instead of 3 months it normally takes today.
It makes no difference whether you file premium or regular H1. It goes thru same amount of scrutiny. Only difference is that you get it in 15 days with extra $1000 instead of 3 months it normally takes today.
purgan
12-20 04:38 PM
good job, pribh das. keep it up!
more...
gaz
09-01 03:26 PM
Hello,
My 140 is approved. My H1b is already extended for 3 years.
1) Can my spouses H1b get 7th year extension based on this?
2) If not, can my spouse move to H4?
Thank you.
gaz
My 140 is approved. My H1b is already extended for 3 years.
1) Can my spouses H1b get 7th year extension based on this?
2) If not, can my spouse move to H4?
Thank you.
gaz
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gcdreamer05
09-12 10:07 AM
Hi all!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Well you have sufficient time for the OPT to finish, but say you are at the end of your OPT you need to find a job which does h1b so that you have a valid visa status (or) continue your education so that you have another study visa.
Say you want to go back to your home country, then make sure you have proper visa for your kid to enter your home country. Say your home country is India, then you need to file PIO Card for your kid or get a indian visa for your kid before you enter your home country, because your kid is a US Citizen and needs permit to enter in to your home country.
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Well you have sufficient time for the OPT to finish, but say you are at the end of your OPT you need to find a job which does h1b so that you have a valid visa status (or) continue your education so that you have another study visa.
Say you want to go back to your home country, then make sure you have proper visa for your kid to enter your home country. Say your home country is India, then you need to file PIO Card for your kid or get a indian visa for your kid before you enter your home country, because your kid is a US Citizen and needs permit to enter in to your home country.
more...
eb3_nepa
06-14 02:22 PM
Hi Guys
I have a few questions about what happens AFTER the I-485 is successfully filed?
How long before you get the notice to appear for finger printing?
How much time between getting the notice for Finger printing and the actual appointment?
When does the EAD come through and is there a way to expedite the EAD process?
When does the process go to the "name check" black hole and you informed about it?
Any other info by the experienced gurus will be appreciated
I have a few questions about what happens AFTER the I-485 is successfully filed?
How long before you get the notice to appear for finger printing?
How much time between getting the notice for Finger printing and the actual appointment?
When does the EAD come through and is there a way to expedite the EAD process?
When does the process go to the "name check" black hole and you informed about it?
Any other info by the experienced gurus will be appreciated
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Blog Feeds
12-05 09:20 PM
Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner�s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
more...
go_guy123
01-21 11:47 AM
Via The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
So other WTO member countries need to challenge based on that.
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
So other WTO member countries need to challenge based on that.
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pnara2
02-27 01:13 PM
I know this because one of my close friend went all the way to california to renew his driving license because his university was located in that state! He had given his relatives mailing address too. So that confirms that you will be the resident of the state where your university is located if you are on F1!
However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!
It is totally a different scenario for H1B ofcourse!
All the best!
However, if you are on OPT/CPT and working in another state, I am not sure! Please check with any attorney! Maybe, try posting in their forums and see if you can get this clarified!
It is totally a different scenario for H1B ofcourse!
All the best!
more...
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coolpal
03-27 05:20 PM
I am no attorney... but from my knowledge you are OK.
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
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mrudul_hr
06-21 12:08 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
Hi Raja, you hve it wrong. You dont have two visas its considered as only one. You have transfered your existing VISA to another employer. An H1 transfer is just change of employer for that given visa.
So if you are working with two companies at the same times its considered illegal. But you can work partime with your existing company A, ask the company B to approach your company and work on C2C. But dont forget to update USCIS on your parttime work.
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
Hi Raja, you hve it wrong. You dont have two visas its considered as only one. You have transfered your existing VISA to another employer. An H1 transfer is just change of employer for that given visa.
So if you are working with two companies at the same times its considered illegal. But you can work partime with your existing company A, ask the company B to approach your company and work on C2C. But dont forget to update USCIS on your parttime work.
more...
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newbie2020
09-05 05:08 AM
If you can go out of the country and return on L1 the new I-94 will take effect. COS should not impact, An attorney can advise better on this.
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kishdam
03-10 10:39 AM
we are going through it right now.
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
Thanks for the info.
Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.
I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).
If RFE does come at some point - do you know how much time we typically have to reply?
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
Thanks for the info.
Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.
I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).
If RFE does come at some point - do you know how much time we typically have to reply?
more...
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indigo10
04-05 05:28 PM
and it's still valid for almost 2 years.
If, say, I find another employer in a few months, can I use the visa that I have now?
If so, can I start working for that employer once he files a new petition, or do I have to wait until the new approval notice?
What status are you in now ?
If, say, I find another employer in a few months, can I use the visa that I have now?
If so, can I start working for that employer once he files a new petition, or do I have to wait until the new approval notice?
What status are you in now ?
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NELLAIKUMAR
08-22 02:14 PM
I thought carrying the old US passport along with the new US passport and PIO card would be sufficient. Anyone else with the same understanding????
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senthil1
05-20 01:42 PM
It is true that immigration is not at all reason for unemployment. When unemployment increases that will decrease immigration to some extent. We could see that in h1b numbers and also illegal immigration. But future immigration will depend on how fast jobs are created when recovery starts.
From Business Week: A report released on Tuesday makes the case that increased immigration is not a cause of increased unemployment in the U.S. The study, �The Unemployment Disconnect: Untying the Knot,� was issued by the Immigration Policy Center, the research arm of the American Immigration Law Foundation, an association of immigration lawyers that generally supports pro-immigration policies. The study sets out with the assertion that if immigrants are taking jobs away from native-born workers, �one would expect to find high unemployment rates in those parts of the country with large numbers of immigrants.� Examining state, county, and metropolitan area...
More... (http://blogs.ilw.com/gregsiskind/2009/05/study-no-link-between-immigration-and-unemployment.html)
From Business Week: A report released on Tuesday makes the case that increased immigration is not a cause of increased unemployment in the U.S. The study, �The Unemployment Disconnect: Untying the Knot,� was issued by the Immigration Policy Center, the research arm of the American Immigration Law Foundation, an association of immigration lawyers that generally supports pro-immigration policies. The study sets out with the assertion that if immigrants are taking jobs away from native-born workers, �one would expect to find high unemployment rates in those parts of the country with large numbers of immigrants.� Examining state, county, and metropolitan area...
More... (http://blogs.ilw.com/gregsiskind/2009/05/study-no-link-between-immigration-and-unemployment.html)
cooolvick
11-30 10:00 PM
Hi,
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
Blog Feeds
03-03 11:40 AM
U.S. Citizenship and Immigration Services (USCIS) today announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations. The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.
Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 until March 29, 2010. After March 29, 2010, USCIS will only accept the Form I-485 dated �12/03/09.�Any previous versions of the the form that are submitted will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.
At this time, applicants should not concurrently file Form I-485 with an Immigrant Petition for Alien Worker (Form I-140) at a USCIS Lockbox facility. Refer to the Form I-140 filing Instructions for information on how to file forms concurrently.
When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your application. To receive notification, you must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.
For more information on USCIS programs, visit (http://www.uscis.gov/portal/site/uscis) or call the National Customer Service Center at 1-800-375-5283.
More... (http://www.visalawyerblog.com/2010/03/revised_form_i485_application.html)
Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they are filing, as provided in the form instructions. USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010. USCIS will accept previous versions of Form I-485 until March 29, 2010. After March 29, 2010, USCIS will only accept the Form I-485 dated �12/03/09.�Any previous versions of the the form that are submitted will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.
At this time, applicants should not concurrently file Form I-485 with an Immigrant Petition for Alien Worker (Form I-140) at a USCIS Lockbox facility. Refer to the Form I-140 filing Instructions for information on how to file forms concurrently.
When filing Form I-485 at a Lockbox facility, you may elect to receive an email and/or text message notifying you that USCIS has accepted your application. To receive notification, you must complete an E-Notification of Application/Petition Acceptance (Form G-1145), and attach it to the first page of your application.
For more information on USCIS programs, visit (http://www.uscis.gov/portal/site/uscis) or call the National Customer Service Center at 1-800-375-5283.
More... (http://www.visalawyerblog.com/2010/03/revised_form_i485_application.html)
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