wandmaker
07-19 03:20 AM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.
+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple
I have EAD and AP but wondering why I can not transfer H1B?
+++ When you have an option to move to a new employer on H1B then why not
Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.
+++++ Not true
Somebody else said I can transfer until my 6 year period but not beyond to that?
++++++ Not true, see "++"
Others said no matter what I can transfer my H1b to any employer.
+++++++ True
I am confused, please help.
++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many
Hope this helps :)
+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple
I have EAD and AP but wondering why I can not transfer H1B?
+++ When you have an option to move to a new employer on H1B then why not
Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.
+++++ Not true
Somebody else said I can transfer until my 6 year period but not beyond to that?
++++++ Not true, see "++"
Others said no matter what I can transfer my H1b to any employer.
+++++++ True
I am confused, please help.
++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many
Hope this helps :)
wallpaper Hermione, Harry, Cho and Ron
Alien
07-09 10:07 AM
Maybe people should also post messages in Mandarin,Tamil,Telugu,Swahili taken from famous songs. That way the forums will be truly diverse.
sunny1000
07-11 02:36 AM
congrats and thanks to those grassroot IV members who came up with this campaign. Hats off to you all!!
A big Salute to The MAHATMA!
A big Salute to The MAHATMA!
2011 Harry Potter Hermione Cardigan
eb2_mumbai
10-09 04:23 PM
Effectively copy paste of Oct bulletien. Not suprised but definately disappointed.
more...
asdfred
10-12 05:29 PM
no dude..it does not..there is not much it will give us..
we need visa recapture, elimination of country quota and simplification of ac21 rules
(i feel like i am asking for free beer :p)
we need visa recapture, elimination of country quota and simplification of ac21 rules
(i feel like i am asking for free beer :p)
letstalklc
10-13 05:31 PM
What is the URL for checking the PERM case status?
You need login credintials in order to check the perm status. I am not sure if any option available in the New system...
You need login credintials in order to check the perm status. I am not sure if any option available in the New system...
more...
speddi
09-16 10:31 AM
I found the address where we need to send the AP Renewal application if using non-usps carriers.
USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)
2010 anticipated Harry Potter
smssharma25
12-05 08:41 PM
I am also having the same problem. Our company won't share the labor application details with us. I know only job title. I am not even sure what job I should search for.
I hear that new job description should exactly match with what is there in labor. I am frustrated with my current company & I need to make a shift.
Can anyone help me to understand the risk in joining my client as direct employee?. I am working for this client for last 10 years. My H1 extension was done using the letter from this customer & my resume also details the experience with this client. Am I safe to join client using my EAD?
Thanks!
sharma
I hear that new job description should exactly match with what is there in labor. I am frustrated with my current company & I need to make a shift.
Can anyone help me to understand the risk in joining my client as direct employee?. I am working for this client for last 10 years. My H1 extension was done using the letter from this customer & my resume also details the experience with this client. Am I safe to join client using my EAD?
Thanks!
sharma
more...
raysaikat
07-17 01:07 AM
Thank you for your reply. Yes, I have signed all the forms and included all the documents. Wrote a cover letter listing all the documents in the packet(like Affidavits, W2's, Passport copy etc.), but in a hurry forgot to sign the cover letter.
Does not matter.
Does not matter.
hair Harry Potter Wiki
Anders �stberg
October 6th, 2005, 11:18 AM
That's a great picture Gary!
The price you pay, indeed... my best pictures have come from returning several times to the same spot where I've seen birds before, and spending hours waiting each time. You have to like just being out in nature to do it this way. I can recommend warm clothes and a thermos with something warm to drink. :)
The price you pay, indeed... my best pictures have come from returning several times to the same spot where I've seen birds before, and spending hours waiting each time. You have to like just being out in nature to do it this way. I can recommend warm clothes and a thermos with something warm to drink. :)
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Googler
02-08 03:12 PM
Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
It is my understanding that these liaison meetings are to discuss specific administrative and procedural issues at the service centers (not to discuss major reform). To get an idea of the topics covered see http://www.aila.org/content/default.aspx?bc=6721|6727
The docs themselves are available to AILA members only but you can see the topics discussed.
So to the extent that you have specific questions about the adjudication process itself you can send them to an AILA member and ask them to submit those questions to the AILA Liaison committee which may or may not choose to ask that question in the liaison meeting with USCIS -- each session has specific sub topics so they don't address every question out there.
Recapture and other major changes to the law are likely handled by other committees at AILA.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
It is my understanding that these liaison meetings are to discuss specific administrative and procedural issues at the service centers (not to discuss major reform). To get an idea of the topics covered see http://www.aila.org/content/default.aspx?bc=6721|6727
The docs themselves are available to AILA members only but you can see the topics discussed.
So to the extent that you have specific questions about the adjudication process itself you can send them to an AILA member and ask them to submit those questions to the AILA Liaison committee which may or may not choose to ask that question in the liaison meeting with USCIS -- each session has specific sub topics so they don't address every question out there.
Recapture and other major changes to the law are likely handled by other committees at AILA.
hot Hermione - Harry Potter Photo
LostInGCProcess
08-28 04:32 PM
My understanding is that it is first 4 and last 4 pages. (here pages include the inner hard cover side ).
Thanks.
Thanks.
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house Emma Waston - Hermione
MightyIndian
11-05 06:11 PM
Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec
I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
http://hyderabad.usconsulate.gov/visa_services.html
I beleive the Hyderabad Consulate will be fully functional only by the end of 2008. So we can assume that it starts offering visa services in early 2009. Until then the web site suggests to go to Chennai Consulate.
http://hyderabad.usconsulate.gov/visa_services.html
tattoo hermione harry potter.
dilvahabilyeha
07-26 12:33 PM
Your Lawyer should advice what he is supposed to do. Don't take the ownership of doing something afterwhich lawyer would on your back. So be on his/her back and they should handle it. They can send a letter and the correct copy of your MC with the reciept #. How did you know that the MC was different, did your coworker shout at you ;)
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pictures Harry Potter and Hermione
smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
dresses Hermione in the harry potter
jai_immigration
06-26 09:51 AM
You could either file AC21 or file after you revceive RFE, but when there is RFE they may also request paystubs, not just offer letter.
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makeup It#39;s Harry Potter#39;s fourth
gimme_GC2006
07-31 06:15 PM
thank you..I hope everything goes well. Hopefully will get greened this time :)
girlfriend harry-potter-and-the-half-
saps
03-16 06:04 PM
My two cents are that you should attach your receipt notice for I-485 and approved I-140 along with your spouse's application right now instead of waiting for his/her receipt notice. BTW, this is based on an opinion of attorney I consulted.
I don't think that your spouse's I-140 has to do anything with interfiling. You application will be interlinked to your spouse's application based on I485. Also, since you are just interfiling, you both will remain primary on your respective applications with no derivatives. You won't become a derivative just by interfiling. Thats the benefit of filing separately so that who so ever has the PD current first, the spouse benefits from it even though his/her PD is not current.
I don't understand why your attorney is recommending to interfile when you have an option to let USCIS know right away where to put your spouse' I-485 file. I recommend you to take a second opinion if you have a doubt.
Thanks
I don't think that your spouse's I-140 has to do anything with interfiling. You application will be interlinked to your spouse's application based on I485. Also, since you are just interfiling, you both will remain primary on your respective applications with no derivatives. You won't become a derivative just by interfiling. Thats the benefit of filing separately so that who so ever has the PD current first, the spouse benefits from it even though his/her PD is not current.
I don't understand why your attorney is recommending to interfile when you have an option to let USCIS know right away where to put your spouse' I-485 file. I recommend you to take a second opinion if you have a doubt.
Thanks
hairstyles Hermione. - Harry Potter Fan
funnymdguy
11-16 02:57 PM
same situation here, never received the EAD and the IO asks us to re apply with the new filing fee of 340$ even for the replacment EAD.
Are you planning to reapply? did you find any way around it? You met the IO, so does it mean u took the infopass appointment for it or just showed up at the office?
Actually, thats another question- do you know whether you can go to USCIS office without an infopass appointment and try to meet an IO?
Are you planning to reapply? did you find any way around it? You met the IO, so does it mean u took the infopass appointment for it or just showed up at the office?
Actually, thats another question- do you know whether you can go to USCIS office without an infopass appointment and try to meet an IO?
hi_mkg
05-07 08:49 PM
Hi Friends,
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
saibabu_d
06-17 11:16 PM
USCIS has a list of diseases they check for on their website, and herpes is not one of them. If it is, more than 10% of the people applying for GC will be rejected. So, you are fine.
