mk26
12-05 03:27 PM
Can my current company continue my GC even if I transfer my h1 and join another company?
Priority date - May 2007
I-140 Approved - Jun 2008
Waiting for date to be current to file I485 and my current company is ready to continue the GC process even if I transfer my H1 to another company.
Your expert advise will really be a help for me to take decision on this , is it wise to change h1 now?
Priority date - May 2007
I-140 Approved - Jun 2008
Waiting for date to be current to file I485 and my current company is ready to continue the GC process even if I transfer my H1 to another company.
Your expert advise will really be a help for me to take decision on this , is it wise to change h1 now?
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frostrated
12-01 11:37 AM
you can file a new application from scratch in EB2. you will not be able to use your husband's PD. And there will be no interuption to any case.
nfinity
02-13 02:30 PM
no replies? cant believe i am the only one in this situation :)
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humsuplou
07-02 05:40 PM
Tnks for the quick response. a couple more questions :D
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
more...
NANO3
04-30 04:26 PM
thanks C:-)
senocular
10-27 08:42 PM
Stop wasting your pixels!
more...
NolaIndian32
02-14 01:03 PM
Hi Louisiana,
How do we go about setting up a State Chapter? Are there just the three of us from LA? I am in NOLA (d'uh, my alias is a dead giveaway).
What's the next step?
How do we go about setting up a State Chapter? Are there just the three of us from LA? I am in NOLA (d'uh, my alias is a dead giveaway).
What's the next step?
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softcrowd
06-17 07:50 PM
I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).
A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.
Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.
Here below is a snapshot of our status:
Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)
My wife - EB2 (Sept 2006) - I-140 Approved
Here are the options we could think of -
I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).
Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.
Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??
In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).
Could you please help out, if you have any ideas!!
more...
vedicman
08-10 08:32 AM
H1B status alone shouldn't cause any problems for re-entry, that is just my opinion though.
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waiting4gc02
02-28 03:31 PM
Thanks for the suggestion.
But she has to travel to India in the next 2 weeks and also my I-797 will not be approved till another 2 months.
Anybody else has any other suggestions for the question above.
Thanks
But she has to travel to India in the next 2 weeks and also my I-797 will not be approved till another 2 months.
Anybody else has any other suggestions for the question above.
Thanks
more...
billu
10-25 06:13 PM
A receipt of notice is generated immediately. As soon as your application reaches the USCIS ofice they generate the receipt of notice and post mail it to the attorney. It takes 2-3 days for the mail to reach your attorney so we can assume that the total time to get the receipt of notice from the day it was filed should not be greater than 4-5 days.
thanks for your reply. My I-140 petition should have reached NSC on 13th October. Assuming that they mailed the receipt notice latest by 15th October by regular mail which takes 2-3 business days, should my attorney not have received something by today (25th october -6th business day). Is this normal or an unusual delay??
thanks for your reply. My I-140 petition should have reached NSC on 13th October. Assuming that they mailed the receipt notice latest by 15th October by regular mail which takes 2-3 business days, should my attorney not have received something by today (25th october -6th business day). Is this normal or an unusual delay??
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number30
04-21 12:59 PM
Can anyone please recommend a lawyer in Delhi for filling and helping in the I-824 or councillor processing for my Wife.
I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.
I.e filing I-824 in USA and helping in india to prepare for the interview
If not in delhi , then please recommend any where in India :)
Also any idea , how much would it cost.
Thanks in advance
It is Consular Processing
Is it EB based?
Sheela Murthy has office in Chennai. But if you ask me you do not need attorney.
Otherwise you can get an attorney here. Most of the paper work is done here. All you need to do is to take packet for the interview.
I am looking for a lawyer , who has office in both Delhi and in USA , so they can take care of the complete process.
I.e filing I-824 in USA and helping in india to prepare for the interview
If not in delhi , then please recommend any where in India :)
Also any idea , how much would it cost.
Thanks in advance
It is Consular Processing
Is it EB based?
Sheela Murthy has office in Chennai. But if you ask me you do not need attorney.
Otherwise you can get an attorney here. Most of the paper work is done here. All you need to do is to take packet for the interview.
more...
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grinch
06-25 06:13 PM
Thanks a lot man, apprecitate it! We had a fun battle, definetly again sometime!
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Lou76
08-03 01:00 PM
Almost 2 years ago I visited an attorney to talk about my I-130. I wasn't very inform at the time and I think the attorney took advantage of me. My mother had recently become a US citizen in 2007 when i visit this attorney. In 2005 my mother filed an I-130 for me so when she became a US citizen I thought I should visit an attorney to "upgrade my petition" since my mother was not longer a permanent resident but a US citizen.
The attorney filed a Form G-28 - Notice of Entry of Appearance as Attorney or Representative which claimed was the petition upgrade. Recently, this past Friday I received noticed that my I-130 has been approved.
Today, I try to contact someone in the attorney's office but all I get is the voice mail. To be honest I have no trust in this attorney but I already paid $850 for this attorney's service which in verbal agreement said to my mother would receive a discount for the next steps in my case. But this attorney has done nothing for me just file a G-28 so a noticed would be delivered to their office.
I would like to know if I decide to find another attorney is there a way I can receive my $850 back some how through the new attorney or with certain process?
Thanks!
The attorney filed a Form G-28 - Notice of Entry of Appearance as Attorney or Representative which claimed was the petition upgrade. Recently, this past Friday I received noticed that my I-130 has been approved.
Today, I try to contact someone in the attorney's office but all I get is the voice mail. To be honest I have no trust in this attorney but I already paid $850 for this attorney's service which in verbal agreement said to my mother would receive a discount for the next steps in my case. But this attorney has done nothing for me just file a G-28 so a noticed would be delivered to their office.
I would like to know if I decide to find another attorney is there a way I can receive my $850 back some how through the new attorney or with certain process?
Thanks!
more...
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seeking_GC
05-15 08:01 PM
This is great news- has it already been introduced in the house? What are the next steps?
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Ann Ruben
04-23 06:54 PM
That could be viewed as remuneration for services thus meeting the USCIS definition of employment. At least theorhetically, this would violate your H-1 status.
more...
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gsc999
06-20 12:10 PM
I am also in the same boat as you and my attorney has sent my Labor ETA 750 to DOL for changing the box 15. It is good to change it now at Labor stage as there is quite lot rejection at I140 stage if your degree is 3 years..so it is better to have it ammended at Labor stage.
I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.
- GCDreamzz
My two cents.
--------
My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.
I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.
- GCDreamzz
My two cents.
--------
My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.
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purgan
02-04 12:58 PM
I have heard if one leaves the country while AP is being processed, the application is considered abandoned.
My lawyer specifically stated this.
This is an interesting twist..anyone else care to comment?
My lawyer specifically stated this.
This is an interesting twist..anyone else care to comment?
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kramesh_babu
07-25 08:08 AM
You should be good as long as the existing Visa is valid when you reenter. Even though the existing Visa stamping is tied to your previous employer, You do NOT have to go for Stamping just because you changed the employer and got the new H1. The IO at Port Of Entry might ask about your current employer and you should mention your new Employer and show the new H1B approval at at that time.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
martinvisalaw
07-20 02:02 PM
Hi,
1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?
I haven't had a problem with H-1B extensions
3) How much is the H1B renewal fees?
It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:
$320 I-129 fee
$500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
$1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees
1) If I take the H1b extenstion for three years (based on my pending I-485) and let say after one year, I start using my EAD with a new employer and my previous employer revokes my H1B....Will I be able to get back on H1B if my I-485 petition get denied for any reason. All I am trying to see if anything happens to my I-485 petition, will I be able to go back on H1B from EAD.
If your 485 is denied, you will not be eligible for any more H-1B time until you have spent one full year outside the US. You have already used your full 6 years and are only entitled to extensions now because you have an approved I-140 and a backlogged priority date. If these conditions apply even after a 485 denial, you could regain H-1B status, however it depends on the grounds of the 485 denial.
2) I have been reading in the forums that USCIS is giving hard time for the H1B extensions. Any experiences on this?
I haven't had a problem with H-1B extensions
3) How much is the H1B renewal fees?
It depends on whether it is an extension with the same employer or if it is a new employer. The fees are:
$320 I-129 fee
$500 Anti-Fraud fee for first H-1B for this employer and employee, or first extension
$1500 Training fee for first H-1B for this employer and employee, or $750 if under 25 employees
Blog Feeds
10-06 01:40 PM
I guess I wasn't shocked when I saw this story, but I have to say it depressed me. The AP reports that Derby Line, Vermont and Stanstead, Quebec, really one town that happens to straddle a border, is now installing security gates to physically separate the community.
More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
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