fcres
06-27 12:05 PM
His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.
I see, so that means if i have to invoke AC21 i do H1 transfer. But what if the other company don't want to do H1? Then i guess working on EAD is the only option.
I see, so that means if i have to invoke AC21 i do H1 transfer. But what if the other company don't want to do H1? Then i guess working on EAD is the only option.
desighee
02-25 07:22 PM
** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B
** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1
** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140
** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485
Add many more, there are 101 ways to torture a non-immigrant.
** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)
** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1
** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140
** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485
Add many more, there are 101 ways to torture a non-immigrant.
** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)
rpulipati
10-05 03:11 PM
I had similar situation in labor process. The new company attorney mentioned me to do an amendment for labor processing, however I was reluctant and did not continue with it. An year later on pending labor, I received RFE: something like unable to find company. Attorney then sent the company acquisition details. Months later labor got approved.
Talk to your attorney.
Talk to your attorney.
ksircar
01-18 07:36 PM
My 140 receipt date is July 11, still no word from NSC, neither RFE nor approval.
more...
Prashanthi
10-20 05:52 PM
Hi,
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.
My friend is in a unique situation and needs help. Please guide him with his queries.
**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.
My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.
My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..
We didn't specify about GC labor on H1B/I-94 extension petition.
My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.
Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********
You should apply based on April 16, 2010, you can file 6 months in advace which means you can file now, you will get an approval for 3 years based on the approved I-140.
SmSm
05-25 12:53 PM
any one???
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roseball
01-18 01:34 PM
If "if you re-enter US before your extension is valid" is not the case then following is my experience.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.
Once you get the new H1 visa stamped, the old visa is "cancelled without prejudice" by the consulate. The consulate puts a stamp to that effect on your old visa in the passport. I don't see how an IO would consider the old H1 Valid at that point. I have gone through similar scenario once.
You are right, I stand corrected. I was referring to the scenario when trying to re-enter on the current VISA stamp without getting a new VISA stamp and expecting to get an I-94 till the validity of the approved extension.
WillIWin?
01-04 09:16 AM
This is possible. The gist of the rule is:
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
Once a I140 has been approved, the PD belongs to the applicant. The only situation when this will not work is if the Labor OR I-140 have been obtained by fraud. This means that even if the company revokes the I-140, the PD stays with you (the applicant).
You will have to first get an I-140 approved with the older priority date (EB3). Once this is done, apply for the second I-140 (EB2) along with documents proving your earlier PD (EB3 labor+ I-140). If all the documents are in order, then the new EB2 I-140 will be approved with the older PD.
Since you are working for the same company, this will be relatively easy since they have all the paperwork. Getting the company to file two I-140s is another matter :)
more...
Pineapple
08-05 11:53 PM
I put in "maybe", because I'm not sure of my schedule.. (I have to travel monday to friday..every freaking week.. I hate it more than you can imagine, but I don't have a choice there).. if my schedule changes, I'll be there for sure. I've updated my profile.
sangmami
08-16 09:45 AM
CALLED USCIS .they said they cant transfer to level 2 operator to check receipt number...Is there any other way to find out?...will the bank be able to read and tell?
Thanks
Thanks
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hemanth22
06-20 04:43 PM
Gurus
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
Please advice on the usage of A number
I came here as student and OPT before, the OPT had a A number
In my approved I-140 i had a A number, both the numbers are different
While filing the forms for 485/EAD/AP and I-693 ( medical report ) i saw a field for A number
Which number must i put in the field
Regards
shiankuraaf
01-06 09:02 AM
February visa bulletin will be out this week any day.
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
I gave you RED for a misleading title for this thread. Be nice and clear.
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
I gave you RED for a misleading title for this thread. Be nice and clear.
more...
Queen Josephine
May 25th, 2005, 12:09 AM
Josh, I'm so blown away by those atomic bomb looking clouds that I never even got to the one with the deer! (Nik had some atomic bombs over a barn last week also). I think you make all the relevent points; the first 2 certainly can benefit from some post processing in Photoshop. Those clouds are really it, but the needed something else to frame it, branches, grasses, something. I noticed that the horizon was treed, so assumed that the shore on which Kenny was standing had some trees, I "framed" the pic as if it were shot with trees framing it. Attached is the result which shows how finding objects to create a "frame" for the picture can make a world of difference. Also, I had to guess at the actual sunset color scheme. Since I wasn't there, I opted for the most dramatic. (hope you don't mind me messing with your pic Kenny, but it lent itself well to the discussion of framing and processing and illustrates better than words what I am getting at).
Other than higlighting a few things, I kind of like the deer one the way it is. It's almost a "where's Waldo", but that's what I like about it. Nature itself plays the "where's Waldo" game on us.
Other than higlighting a few things, I kind of like the deer one the way it is. It's almost a "where's Waldo", but that's what I like about it. Nature itself plays the "where's Waldo" game on us.
santb1975
12-08 11:13 PM
until I started tracking some immigration debate's this year.
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ksrk
08-14 08:08 PM
Hi Omved,
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.
Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.
Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).
BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.
-K
DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.
va_labor2002
06-22 03:20 PM
Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Just an assessment on where we are collectively as a group:
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Just an assessment on where we are collectively as a group:
312 new members in June 2006
1100 new members in May 2006
1400 new members in April 2006
1000 new members in March 2006
400 new members in February 2006
600 new members in January 2006
4812 in total membership.
Each one of us should personally get involved in engaging legal immigrants who are affected by the retrogression problem. It is hard to imagine that there are 6-figure number of people in retrogression but there are less than 5-figure number (4812) of people participating in this voluntary effort undertaken by IV.
Please talk to people around you and make them aware of the situation. Creating an account in IV and clicking a button to send web faxes is the least these people can do for their own benefit.
I'm sure that IV core will also become stronger and can gain more leverage during negotiations/lobbying with the appropriate authorities.
On a side note, please have some faith in the strategic decisons made by IV core. I understand that a lot of people here are desperate to see some progress but I personally feel that IV core is on a great strategic path to acheive our goals. In the mean time, if each of us can do our part by recruiting 10 people to join IV by the end of July. We will be stronger and more effective.
Just imagine if our membership is close to 50000 by the end of July, we can take a rally just like the Irish lobby group. Ours will be much legitimate because we are not rallying for illegal immigrants, unlike them. So divert your time resources in the next month in achieving this goal and leave the strategic decision making to IV Core and QGA.
Peace out!
more...
Krishanpal
07-22 06:57 AM
I believe both are right. I do not think 123456mg is wrong. S/He is a law-abiding person like us and has a right to state his opinion. I agree, the statements were a bit harsher but so the truth is. Also, I guess we must stop discussing more on these matters as such since it is past and can not be changed now. Though you have my personal symphathies unlike 123456mg, I do not think the actions you chose were correct and you require a correction from that perspective. I suggest you talk to experts regarding your immigration matters since your looks like a difficult case to me.
malibuguy007
07-21 11:31 PM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
kum31
10-04 12:10 PM
Thanks for your response ...
contract is between prime vendor and middle vendor and my employer ... middle vendor made a contract with prime saying that i am on his W2 which is not right. prime vendor has a clause in their agreement that he can work with my employer directly if i am not a w2 of middle vendor.
so now middle vendor is saying that he will sue me along with my emplyer , prime vendor bcoz we surpassed him and created a new contract between my employer and prime vendor. I know it sounds ridiculous that middle vendor is trying to sue me but i want to make sure if there is any way he can stop me ? or sue me ?
Hope it is clear for you ....
contract is between prime vendor and middle vendor and my employer ... middle vendor made a contract with prime saying that i am on his W2 which is not right. prime vendor has a clause in their agreement that he can work with my employer directly if i am not a w2 of middle vendor.
so now middle vendor is saying that he will sue me along with my emplyer , prime vendor bcoz we surpassed him and created a new contract between my employer and prime vendor. I know it sounds ridiculous that middle vendor is trying to sue me but i want to make sure if there is any way he can stop me ? or sue me ?
Hope it is clear for you ....
sundarpn
08-01 11:44 PM
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
new_horizon
03-13 11:03 AM
Graham is only opposed to the dems passing Healthcare reform through reconcilliation method, which is ramming through Senate with just 51 votes without regard to any republican inputs or support. It's only that the dems are not listening to repubs suggestions on a very important piece of legislation.
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