Winner
05-21 12:31 PM
Good post
Pappu, Can this post be moved to "Ask lawyers" area of forum to get other lawyers opinion as well?
I've seen many companies trying their best to convince their employees to use their EAD instead of paying 10 times more for the H1B extension. This is very valid from company's stand point.
But it will be helpful for fellow immigrants to know exactly what they are getting into when they decide to when they abandon their H1B visa.
Pappu, Can this post be moved to "Ask lawyers" area of forum to get other lawyers opinion as well?
I've seen many companies trying their best to convince their employees to use their EAD instead of paying 10 times more for the H1B extension. This is very valid from company's stand point.
But it will be helpful for fellow immigrants to know exactly what they are getting into when they decide to when they abandon their H1B visa.
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arjunpa
08-18 11:58 AM
TXH1B,
Are you suggesting that I must exit/re-enter with the new H1B (even if the approval accompanies a I-94 or not - both scenarios) ?
I was planning for that in the worst case, to exit/re-enter through Canada.
I will keep the 245(k) rule in mind. Again, Thanks for the answer.
Are you suggesting that I must exit/re-enter with the new H1B (even if the approval accompanies a I-94 or not - both scenarios) ?
I was planning for that in the worst case, to exit/re-enter through Canada.
I will keep the 245(k) rule in mind. Again, Thanks for the answer.
peer123
04-10 09:22 AM
I am not sure how to set up a poll question
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
Can any one who knows how to do it set up a poll question
Have changed job using AC21, after having approved I140 and > 180 days of 485 application?
1. Invoked AC21
2. Invoked AC21 and H1B transfer
3. Did not inoked AC21 but only H1B Transfer
4. Did not change JOB
Thanks
peer123
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ash27
04-01 01:21 PM
Is there any clause that for AC-21 to be valid, a full time offer is required? The offer letters provided by companies like TekSystems are more contract based and you basically get paid/hour.
Please advice!
Please advice!
more...
rbachu21
02-03 12:04 AM
Is your FOIA request completed? Did you get your I-140 Approval Notice? If yes, how long did it take?
sheela
09-23 11:18 AM
Anybody having experience with USCIS Ombudsman office. How urgent the cases are taken and how soon they are resolved? Does assistance help?
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Hydra
09-07 03:53 AM
Sorry people...but when other stamp are insert in the vote list ?
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hopefulgc
07-31 04:10 PM
interested in charter/car pool
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angelfire76
12-07 05:21 PM
Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.
Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
Just a thought.
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guesswho
11-12 11:47 AM
What was your previous status (before 1st oct). If you still have valid visa for say H-4, just go out of country and come back using your previous valid visa. On your return you will get a new I-94 with H-4 status. Then you can apply for H-4 to H-1 transfer (you won't need any paystubs) and you will not be subjec to H1 quota either.
Ofcourse, I am assuming your previous status was H-4. If it was F-1 or something else, I don't know if you have valid permit to return to that status.
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
Ofcourse, I am assuming your previous status was H-4. If it was F-1 or something else, I don't know if you have valid permit to return to that status.
Hi Gurus,
It's amazing to see all the good work here! Please keep it up.
My question is:
I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?
more...
roseball
05-14 01:34 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
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fcres
08-13 10:32 AM
Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.
Dec2002 EB3 India.
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Beta_mle
02-20 07:28 AM
^ ^ ^
Bump.
Anyone?
Bump.
Anyone?
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jkays94
04-17 10:37 PM
This is what I got to share with my friends from the site after I signed the petition :
Did You Hear What Happened in Washington?
Dear Friend,
As you may have heard in the news, Senator Kennedy has been at the forefront of immigration reform; he's built a bipartisan coalition around a tough but fair approach that is rapidly gaining popular support among Americans.
Sixty-three percent of Americans believe that immigrants who have lived in the country for a certain period of time should be allowed to go through the process of obtaining citizenship. But the out-of-touch Republican leadership is pushing back and many hope to make these would-be citizens felons.
I've added my signature of support to Senator Kennedy's efforts to protect the American worker. Will you join me?
http://www.tedkennedy.com/fightforfairness
I'm standing with Senator Kennedy, and fighting to ensure that our country values hard work. I hope you will too.
Thank you!
Did You Hear What Happened in Washington?
Dear Friend,
As you may have heard in the news, Senator Kennedy has been at the forefront of immigration reform; he's built a bipartisan coalition around a tough but fair approach that is rapidly gaining popular support among Americans.
Sixty-three percent of Americans believe that immigrants who have lived in the country for a certain period of time should be allowed to go through the process of obtaining citizenship. But the out-of-touch Republican leadership is pushing back and many hope to make these would-be citizens felons.
I've added my signature of support to Senator Kennedy's efforts to protect the American worker. Will you join me?
http://www.tedkennedy.com/fightforfairness
I'm standing with Senator Kennedy, and fighting to ensure that our country values hard work. I hope you will too.
Thank you!
more...
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a1b2c3
02-11 11:48 PM
damn! sorry to hear that Chris, did you contact any congressmen? as for me, I need to take some vacation, this gc bug has bitten me and its hurting now.:)
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dilbert_cal
07-05 03:09 PM
Hello,
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.
However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).
To be on the safe side, it doesnt hurt to file a new labor and port your PD.
I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.
a. Is it possible for me to port my I-140 to company B?
b. If its possible will i be able to keep the PD?
I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.
Thanks in advance.
If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.
However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).
To be on the safe side, it doesnt hurt to file a new labor and port your PD.
more...
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amitjoey
01-26 11:18 AM
Congrajulations! to all the toppers.
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newuser
05-14 07:48 PM
There is a live debate going on CIR
Currently Rep. Charles Gonzalez ( D-Texas, 20th District, San Antonia) supporting the CIR.
Currently Rep. Charles Gonzalez ( D-Texas, 20th District, San Antonia) supporting the CIR.
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chi_shark
10-16 12:27 PM
look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".
my 2 cents.
may be not related ... but can someone explain what does this line mean ...
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
my 2 cents.
may be not related ... but can someone explain what does this line mean ...
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
skagitswimmer
June 6th, 2005, 08:00 AM
Thanks. I will go back and reshoot this and experiment a bit. The scene wasn't lit by harsh light - high cloud as I recall. I actually deepended the shadows intentionally in the PS CS2 RAW converter - the original wasn't as contrasty. What is interesting is that while the actual exposure of the blown area should be well within tolerances (If I were still shooting B&W film I would have guessed it at around zone 8) it is just the one colour that is blown - and yellow is not one of the 3 channels so it must have actualy been 2 colours. I will have to keep an eye on my histogram display because I don't have the $ for a 1DSMkII!
waitnwatch
05-30 01:02 PM
I would appreciate if you could reference the bill text (if you have), then we can together spin this news - thanks
Here is my explanation of how the new system will work -
The USCIS declares an open period for all merit based application.
Everyone on H1-B puts in an application and gets in line.
The USCIS declares the list of succesful applicants.
For oversubscribed countries (remember that the country limit is 10% of 140000) there will be unsuccessful applicants who will have to apply next year.
Those unsuccessful applicants who reach their 6th year on H1-B cannot get any more H1-B extensions because they donot have an approved I140.
So it will be goodbye to professors in Economics and Business from India and China who will not get points for either STEM or high demand occupations.
I hope this make sense.
Here is my explanation of how the new system will work -
The USCIS declares an open period for all merit based application.
Everyone on H1-B puts in an application and gets in line.
The USCIS declares the list of succesful applicants.
For oversubscribed countries (remember that the country limit is 10% of 140000) there will be unsuccessful applicants who will have to apply next year.
Those unsuccessful applicants who reach their 6th year on H1-B cannot get any more H1-B extensions because they donot have an approved I140.
So it will be goodbye to professors in Economics and Business from India and China who will not get points for either STEM or high demand occupations.
I hope this make sense.
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