Ann Ruben
02-04 09:16 PM
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
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53885
05-12 11:38 AM
I didnt contact senators from AILA.
I sent to media organizations from - http://capwiz.com/aila2/dbq/media/ in northern/souther california and Arizona. May send to other states today.
How do you contact so many senators. It asked my my address and sent the email only to my state's senators.
I sent to media organizations from - http://capwiz.com/aila2/dbq/media/ in northern/souther california and Arizona. May send to other states today.
How do you contact so many senators. It asked my my address and sent the email only to my state's senators.
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immig4me
04-22 01:44 PM
try it and let us know how that works out for you :D:DSo basically you are saying you cannot sue the people responsible for greencard problem.
I think the only option left is to either sue God or sue yourself for your bad luck.
I think the only option left is to either sue God or sue yourself for your bad luck.
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raju123
05-15 01:33 PM
So far 404 people have voted.
more...
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EndlessWait
06-20 12:46 PM
I believe H1/H4 has nothign to do with I485 application. You can file for her 485. Since she is on h1, you should mention h1 for Adavane parol. Since she has h1 stamped and can travel outside, advance parol is not required now. You can apply for AP any time while 485 is pending.
and since we are filing for AP now, i'd mention H4 on AP. is it right?
and since we are filing for AP now, i'd mention H4 on AP. is it right?
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bhayzone
04-02 06:45 PM
Hi,
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
more...
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gc_check
07-12 05:51 AM
Our lawyer Company has decided to file the AOS application in July
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
Looks like most of the Attorney's who told, they will not file after the July 2nd revision of VB, are now planning to file anyway. Think the decission could have influenced after the Tuesday's Aila Conf. Call. My Attorney finally gave updates that they would have all the 485's completed and ready to go while monitoring the situation and action of AILA/USCIS and will file if is of the best interest to the applicant. Also, the reason they are holding back now is also, what if, USCIS neither receipts nor rejects the applications and hold them and argue they cannot take an action as the cases are subject to litigation.... then it could be even worse.... Any thoughts on this...Folks share your communication with your attorney's if any details worth sharing.
I work for a big 5 Software company & our lawyer Littler Global had taken a stand on July that they will not file our AOS application after the June VB was revoked/amended on July 2nd.
Surprisingly , today we have received a mail from them that that keeping in view our best interest they have decided to file our AOS case in July regardless of CIS receipting them.
Wanted to share this information as it may be helpful for you folks too ...
Vivek
Looks like most of the Attorney's who told, they will not file after the July 2nd revision of VB, are now planning to file anyway. Think the decission could have influenced after the Tuesday's Aila Conf. Call. My Attorney finally gave updates that they would have all the 485's completed and ready to go while monitoring the situation and action of AILA/USCIS and will file if is of the best interest to the applicant. Also, the reason they are holding back now is also, what if, USCIS neither receipts nor rejects the applications and hold them and argue they cannot take an action as the cases are subject to litigation.... then it could be even worse.... Any thoughts on this...Folks share your communication with your attorney's if any details worth sharing.
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geesee
07-20 08:42 AM
^^^^^ bumping the old thread up...
Joined today..
Wanted to request IV Core to start an Orkut group but found out we already have one...
Cant believe there are only 33 members...
Orkut is a great way of publicing ImmigrationVoice among your friends.. not only in US but also in the country you came from...
Although I think Orkut community should not be used for any discussions.. It should only be used to make this site popular...
Joined today..
Wanted to request IV Core to start an Orkut group but found out we already have one...
Cant believe there are only 33 members...
Orkut is a great way of publicing ImmigrationVoice among your friends.. not only in US but also in the country you came from...
Although I think Orkut community should not be used for any discussions.. It should only be used to make this site popular...
more...
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kaisersose
12-07 11:54 AM
EB1 is typically for Phds with solid publications behind their belts.
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
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immi_seeker
07-12 08:37 PM
^^^^^^^^^
more...
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cool_guy_onnet1
11-21 02:09 PM
I am in a big,actually huge problem, Filed for EAD/AP and got it.
Now I may loose my job in next month-
My wife will be here sometime this month on h4- but she does not have an AP since we were not married when the dates were current. So lets say If I jump on EAD/AP -
what happens to her status? How can she travel? She does not have AP and obviously, her H4 shall become void if I loose this job. Horrible situation especially considering it's the holiday season.
PLEASE HELP!!!!!!
I've been IV member since it's formation and have contributed everymonth!
PLEASE GUYS PLEASE HELP
Now I may loose my job in next month-
My wife will be here sometime this month on h4- but she does not have an AP since we were not married when the dates were current. So lets say If I jump on EAD/AP -
what happens to her status? How can she travel? She does not have AP and obviously, her H4 shall become void if I loose this job. Horrible situation especially considering it's the holiday season.
PLEASE HELP!!!!!!
I've been IV member since it's formation and have contributed everymonth!
PLEASE GUYS PLEASE HELP
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gc_wow
09-16 10:43 PM
This lou dog has done much damage to our community, firing him from CNN or removing his sponsers is not going to do much. He will go to another channel and life goes on. Get this guy on our side and make him tell our story. When the dog barks point it towards enemy.
more...
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Edison99
09-23 06:57 AM
What a foresight�
Corporations save more than 10K.. It doesn't work..
Average cost of employment in US for high tech is around 90$ per hour and social security
percentage is 6%, So the max is less than 10K per year or less than 0.5 USD per hour.
These companies actually pay far less than 90$ for offshore resources..
Since it really doesn't work, it has high chances of passage into bill :rolleyes: and president will promptly sign it before this session recesses.. :cool:
It will also be passed in an unanimous consent by both parties..
Corporations save more than 10K.. It doesn't work..
Average cost of employment in US for high tech is around 90$ per hour and social security
percentage is 6%, So the max is less than 10K per year or less than 0.5 USD per hour.
These companies actually pay far less than 90$ for offshore resources..
Since it really doesn't work, it has high chances of passage into bill :rolleyes: and president will promptly sign it before this session recesses.. :cool:
It will also be passed in an unanimous consent by both parties..
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BMS1
08-21 07:07 PM
You are saying ur PD was Sec 2005? Mine is Dec 2005. Should I also expect it sometime soon :)?
If it is Dec 2005 you must be from non-retro and going by the many approvals for non-retro, you should certainly expect it soon (especially if other checks are complete)
If it is Dec 2005 you must be from non-retro and going by the many approvals for non-retro, you should certainly expect it soon (especially if other checks are complete)
more...
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fromnaija
02-25 07:18 PM
can anybody help me here?
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).
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logiclife
09-28 05:38 PM
Hello Everyone,
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
Please keep in mind that your dates must be current when you file the writ of mandamus and your namecheck should be stuck at FBI atleast for 1 year during which your date is current. If your date is not current now, or it has been current for amount of time less than a year, WoM might not work.
Just google the writ of mandamus and there are lawyers who even specialize in such litigation against Government.
There are two threads on this "FBI namecheck delays signup here" thread and "FBI namecheck for dummies" thread on this forum where you will find plenty of information about lawyers. Last year I remember doing a conf call from lawyer for IV members who had FAQ on writ of Mandamus. It should be on the "FBI namecheck delays signup here" thread.
Another thing, if you have a prior misdemeanor conviction like DUI or DWI or something that is on your record, then dont file WoM as it might be counter productive (in the sense that namecheck not being cleared or 485 denial).
I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....
Thanks
Anan:confused:
Please keep in mind that your dates must be current when you file the writ of mandamus and your namecheck should be stuck at FBI atleast for 1 year during which your date is current. If your date is not current now, or it has been current for amount of time less than a year, WoM might not work.
Just google the writ of mandamus and there are lawyers who even specialize in such litigation against Government.
There are two threads on this "FBI namecheck delays signup here" thread and "FBI namecheck for dummies" thread on this forum where you will find plenty of information about lawyers. Last year I remember doing a conf call from lawyer for IV members who had FAQ on writ of Mandamus. It should be on the "FBI namecheck delays signup here" thread.
Another thing, if you have a prior misdemeanor conviction like DUI or DWI or something that is on your record, then dont file WoM as it might be counter productive (in the sense that namecheck not being cleared or 485 denial).
more...
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HV000
02-17 09:56 PM
Its important to lobby Republicans as well since they tried to help us during the CIR debate. I can't recall Democratic senators helping LEGAL immigrants during the CIR debate last year!
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lonedesi
06-26 03:30 PM
Does IV have a summarized copy of the new proposed bill and the amendments?If you do, can you please post it for our understanding of the pros/cons of this bill
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Ramba
05-01 11:21 AM
If you are 100% sure that your old 140 was not revoked by your previous employer, it can be useful in 2 ways. Contact your old employer to verify that still they have job for you as per the 140. If so, file new 485 with that 140 as it has very old PD. As you might have missed the finger printing in 2002, your previous 485 might have been denied. But 140 is still vaild for indefinite period.
If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.
If your old employer is not offering a job to file new 485, start new GC process with your new employer and port your priority date from your old approved 140.
freakin_gc
02-12 02:31 PM
yeah she is second generation Indo S.African (another 3rd world country). Will you please let how to change country of chargeability with out talking to any immigration attorney
citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.
citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.
map_boiler
07-15 04:57 PM
Since you have an approved I-140 through your previous employer, the PD is yours to keep.
Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!
I was searching on internet and this is what i found on Murthy.com.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
Has the attorney requested USCIS to port to the older PD when they filed your pending I140 application? Also, since you're in 6th year of H1B, it might be better to request premium processing on the pending I-140, get it approved...confirm that PD has been ported, and then apply for I-485 before end of August. Move quickly, and good luck!
I was searching on internet and this is what i found on Murthy.com.
--------------------------------------------------------------------------
Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.
The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
--------------------------------------------------------------------------
Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.
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