kumhyd2
05-19 02:12 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
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wandmaker
02-25 01:34 AM
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
Thanks a lot for your time. I appreciate your help in this regard.
File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
Thanks a lot for your time. I appreciate your help in this regard.
File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.
GC_1000Watt
01-05 04:40 PM
Below mentioned points are from the NAFSA Adviser's Manual (2006 release)
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
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JazzByTheBay
08-21 01:24 PM
This is great - thank you!
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
more...
eagerr2i
08-29 04:11 PM
I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.
ItIsNotFunny
06-25 11:10 AM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
This varies from company to company. Mine, company pays all attorney fees. I have to pay for EAD and Advance Parole USCIS fees. Their argument is valid, they say that they pay for GC process. EAD and AP are not required as they are paying for my H1. Still they pay attorney charges for EAD and AP.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
This varies from company to company. Mine, company pays all attorney fees. I have to pay for EAD and Advance Parole USCIS fees. Their argument is valid, they say that they pay for GC process. EAD and AP are not required as they are paying for my H1. Still they pay attorney charges for EAD and AP.
more...
upuaut
09-15 07:34 PM
Ha!! great to see it worked for you right off the bat. I'll have to check out that feature once I get MX.
It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.
It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.
2010 later tmr kena scolded.
ksircar
01-26 09:05 AM
Thanks ksircar;
Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
Thanks
Venu
AP remains valid for one year and you need to apply for AP in such a way so that for AP renewal your daughter will be in US during vacation etc. In the worst case, she has to fly from Caribbean to Miami (or any nearest US port) just to apply for AP and go back. These are the hassels you need to overcome if you want to send your daughter to MED school without a GC. I did the same with my daughter. You can PM me if you want to discuss in detail.
Good luck.
Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
Thanks
Venu
AP remains valid for one year and you need to apply for AP in such a way so that for AP renewal your daughter will be in US during vacation etc. In the worst case, she has to fly from Caribbean to Miami (or any nearest US port) just to apply for AP and go back. These are the hassels you need to overcome if you want to send your daughter to MED school without a GC. I did the same with my daughter. You can PM me if you want to discuss in detail.
Good luck.
more...
diqingshen
07-11 02:09 PM
From my lawyer:
We are being told that they are holding all of them for now. We are unsure
where this will land because of congressional pressure and lawsuits that
will be filed. We are still waiting to get more answers about what
immigration plans to do.
We are being told that they are holding all of them for now. We are unsure
where this will land because of congressional pressure and lawsuits that
will be filed. We are still waiting to get more answers about what
immigration plans to do.
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wellwisher02
04-02 11:37 AM
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
I have heard the real issue is when an employee transfers H1B from 'A' company to 'B' company after being been on 'bench' for a couple of months or more, where no salary was paid to the employee. One of my H1B friends, who was laid off, took to a motel job on cash basis to surive, lost his drive for H1B job for a few months while working at the motel, and then tried later to get back to H1B IT job. Alas, he couldn't transfer his H1B since he didn't have valid salary slips. This happened in 2002. He had to go back to India just before his current H1B visa expired.
more...
Sai gc
05-15 12:41 PM
hey ,
My 140 was in TSC and recently got transfered to NSC,where my 1-485 is pending.
At this point I dont think my employer revoked 140 .(pretty much sure)
If it is cleaning up files ,then why Pending again ,this is what is making me worried.
victory by chance did you call USCIS to check what is happening with your case.
(I invoked AC 21 and also got RFE last August when my PD was current momentarily for which i responded back with EVL(employment verification letter) .
Any thoughts.
My 140 was in TSC and recently got transfered to NSC,where my 1-485 is pending.
At this point I dont think my employer revoked 140 .(pretty much sure)
If it is cleaning up files ,then why Pending again ,this is what is making me worried.
victory by chance did you call USCIS to check what is happening with your case.
(I invoked AC 21 and also got RFE last August when my PD was current momentarily for which i responded back with EVL(employment verification letter) .
Any thoughts.
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sammyb
11-06 04:24 PM
Does bad credit history or defaults affect getting a job?
Any ideas?
then it may hurt you ... but again it depends on company to company ...
Any ideas?
then it may hurt you ... but again it depends on company to company ...
more...
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solaris27
01-25 07:03 PM
yes we can just pray
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sparklinks
11-19 11:09 AM
I have been trying to change my address online for the last two days and it looks like the system is down. I called them up and they are not able to do it either. What a mess. I hope they don't mail our applications till the issues are resolved.
Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).
It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).
Anyone else having issues?
Yes ,I had the same issue, try now its working good
Also if I only want to change address on pending applications but not AR-11, there is no such option (other than calling them).
It looks like their systems are down since yesterday. Today even case status wasnt working for a while (it seems to be working now).
Anyone else having issues?
Yes ,I had the same issue, try now its working good
more...
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sajidmd
02-01 10:44 AM
It doesn't take long... encourage everyone to do it so that we can be considered for the list next time.
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purgan
05-01 08:39 PM
Today, Robert Rector, the immigration guru at the conservative Heritage Foundation testified before the House Judicary Immigration Subcommittee.
It should be mentioned that Rector is the ideological guru of immigration restirictionists like Loo Dobbs, NumbersUSA, FAIR, CIS, Jeff Sessions and Tom Tancredo (I bet we'll remember these names in the years to come...).
The full testimony is interesting, but this was this conclusion
http://judiciary.house.gov/media/pdfs/Rector070501.pdf
In the future, U.S. immigration policy should encourage high-skill immigration and strictly limit low-skill immigration.
"It is sometimes argued that since higher-skill immigrants are a net fiscal plus for the U.S. taxpayers while low-skill immigrants are a net loss, the two cancel each other out and therefore no problem exists. This is like a stock broker advising a client to buy two stocks, one which will make money and another that will lose money. Obviously, it would be better to purchase only the stock that will be profitable and avoid the money losing stock entirely."
So, the question is: Will the restictionists now support backlog relief for us High Skill Immigrants?
NO.....you wanna know why? (hint: read Ruben Navarette's column for CNN today)
It should be mentioned that Rector is the ideological guru of immigration restirictionists like Loo Dobbs, NumbersUSA, FAIR, CIS, Jeff Sessions and Tom Tancredo (I bet we'll remember these names in the years to come...).
The full testimony is interesting, but this was this conclusion
http://judiciary.house.gov/media/pdfs/Rector070501.pdf
In the future, U.S. immigration policy should encourage high-skill immigration and strictly limit low-skill immigration.
"It is sometimes argued that since higher-skill immigrants are a net fiscal plus for the U.S. taxpayers while low-skill immigrants are a net loss, the two cancel each other out and therefore no problem exists. This is like a stock broker advising a client to buy two stocks, one which will make money and another that will lose money. Obviously, it would be better to purchase only the stock that will be profitable and avoid the money losing stock entirely."
So, the question is: Will the restictionists now support backlog relief for us High Skill Immigrants?
NO.....you wanna know why? (hint: read Ruben Navarette's column for CNN today)
more...
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cnachu2
02-04 01:15 PM
Yes i did. It was the same way for my dad when i was on H-1B.
I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.
He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.
I hope this helps.
GO IV GO. TOGETHER WE CAN.
Hi,
I am also planning to send papers for my father. now i am on AOS with I485, i changed the employer, but didn't file AC21. will it be an issue if i send papers to my father without filing AC21? You says you used AC21, that means did you file AC21?
Thanks,
Chandra.
I sent him the copies of my 140, 485, and EAD and also an employment letter from my new employer , as i have used AC-21.
He was asked what i am doing and he told them i am working for XYX company and has also filed his GC. The office said all the best to him and granted my dad a 10 year multiple visa. If you have any questions, please send me a message.
I hope this helps.
GO IV GO. TOGETHER WE CAN.
Hi,
I am also planning to send papers for my father. now i am on AOS with I485, i changed the employer, but didn't file AC21. will it be an issue if i send papers to my father without filing AC21? You says you used AC21, that means did you file AC21?
Thanks,
Chandra.
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nid
05-19 10:21 AM
Guys,
I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.
I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.
Thanks
I did 3 Years Diploma in Computer Science after 10+2(Non Medical) from India and I have about 16 years of experience in IT. I am thinking of using this education to complete my Bachelors here in US. I would like to know what would my education equate to US Education.
I need an Idea how many courses I would have to take to complete the Bachelors? Please share any tips that would help me take less number of courses.It's not easy with kids.
Thanks
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Rb_newsletter
01-07 04:19 PM
Try changing thread topic. That would attract people to read your posting.
number30
03-27 01:47 PM
Hi,
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
If you own more then 5% in the company you cannot sponsor GC for you self or your family members.
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
If you own more then 5% in the company you cannot sponsor GC for you self or your family members.
jthomas
03-27 02:55 PM
EAD needs same or similar job requirement as petitioned in your labor.
With this economy going south and as forecasted will recover after 2nd quarter of 2010, I hope you have sufficient funds to keep the business working. People are getting laid off. Walmart made good bucks during the recession. If i were you, i would buy a 99 cents store or a dollar store to keep up with this recession.
With this economy going south and as forecasted will recover after 2nd quarter of 2010, I hope you have sufficient funds to keep the business working. People are getting laid off. Walmart made good bucks during the recession. If i were you, i would buy a 99 cents store or a dollar store to keep up with this recession.
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