Ramba
05-30 04:09 PM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You can join Y either on H1 or EAD. It does not matter. In order you to get GC using AC21, the job offer from Y should be the similar occupation of what X sponsered you. That means it should be a managerial occupation. If Y offers you "not similar" occupation of X, your 485 may get denied, irrsepective of how you joined y (EADorH1). The bottomline is the new job should be similar to the LC job.
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
You can join Y either on H1 or EAD. It does not matter. In order you to get GC using AC21, the job offer from Y should be the similar occupation of what X sponsered you. That means it should be a managerial occupation. If Y offers you "not similar" occupation of X, your 485 may get denied, irrsepective of how you joined y (EADorH1). The bottomline is the new job should be similar to the LC job.
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lazycis
05-07 01:29 PM
Forget to mention that you can port to self-employment :)
roseball
02-20 04:14 PM
Thanks for the replies, I appreciate the time.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.
My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.
Thanks for the insight.
Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.
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newuser
10-06 04:06 PM
I was recently audited by Someone from Dept of Homeland Security regarding my H1-B visa status.He asked several questions regarding my position,job duties,pay,work hrs
How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.
I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.
Does any one else had same experience?
Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda
How long I was associated with my current company, What was my previous job and job duties,How long I am in US etc.
I couldn't provide him the proof of the pay as I didn't had the pay stub to show him at that moment.
I asked him is this just rutine procedure ?He said this is recently started process to check H1B fraud.
Does any one else had same experience?
Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda
more...
mishras
05-14 10:47 AM
updated
chanduv23
11-20 11:16 AM
Arizona Gov. Janet Napolitano is going to be DHS Secretary in the Obama Administration. This is a major news for us and it does has an affect on EB community as Gov. Napolitano is a strong proponent of Immigration reform and it is now believed that she has been brought to this position to spearhead the immigration reform in the Obama Administration.
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
Hmm interesting - I can smell CIR coffee brewing.
EB folks - brace for a bumpy ride
http://www.cnn.com/2008/POLITICS/11/20/transition.wrap/index.html
This is a significant development and one is likely to affects us all.
.
Hmm interesting - I can smell CIR coffee brewing.
EB folks - brace for a bumpy ride
more...
akred
03-27 11:07 AM
I have come to the realization that there is not much difference between illegals and legals. Both are victims of a system that does not have the capacity to assimilate them.
No one - press, congress, ordinary citizen or restrictionist - differentiates between legal and illegal immigrants. This is not surprising because the SOP is to somehow move illegal immigrants into the legal immigration system so that they are eventually treated as legal immigrants. In some cases like with CIR or Washington state's in-state tuition for illegals (but not for H or L), the system actively encourages people to qualify for benefits through the illegal stream.
Of course everyone must decide what they want to do. The I-94 states that penalty for unauthorized work is deportation. You have to decide if that matters to you based on a) whether you want to stay in the US and b) whether you believe you will be allowed to stay even if you follow all the rules
No one - press, congress, ordinary citizen or restrictionist - differentiates between legal and illegal immigrants. This is not surprising because the SOP is to somehow move illegal immigrants into the legal immigration system so that they are eventually treated as legal immigrants. In some cases like with CIR or Washington state's in-state tuition for illegals (but not for H or L), the system actively encourages people to qualify for benefits through the illegal stream.
Of course everyone must decide what they want to do. The I-94 states that penalty for unauthorized work is deportation. You have to decide if that matters to you based on a) whether you want to stay in the US and b) whether you believe you will be allowed to stay even if you follow all the rules
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hopefulgc
07-20 02:04 PM
One has 2 pages the other has 4 pages
Shouldn't really matter.. unless the IO is anal about it..
I would send in a G325A along with a cover letter stating my full name, SS, alien #, if any, just to be safe.
Shouldn't really matter.. unless the IO is anal about it..
I would send in a G325A along with a cover letter stating my full name, SS, alien #, if any, just to be safe.
more...
walking_dude
09-07 01:08 PM
IV Core,
I have chosen to participate in the Law makers meeting and received the Talking points ( no confirmed appointments yet)
I know IV has tailored it's agenda after much thought and deliberation. However, it's my personal opinion that some points may need to be tailored based on the party affiliation of the law maker we are speaking to, as one size doesn't fit all.
Pro-labor demands may find resonance with a Congressman of labor background, but may not sit well the pro-employer Republican. ( point 5 of IV agenda). Also Point 7 may not be liked by a Democrat as it places haves before the havenots.
My question is can we tailor it based on whom we are speaking to or keep it standard if some points are disliked by the lawmakers?
I haven't mentioned the actual points as I'm not sure if they can be discussed here. Is it okay to discuss it here? Or is it better discussed offline?
I have chosen to participate in the Law makers meeting and received the Talking points ( no confirmed appointments yet)
I know IV has tailored it's agenda after much thought and deliberation. However, it's my personal opinion that some points may need to be tailored based on the party affiliation of the law maker we are speaking to, as one size doesn't fit all.
Pro-labor demands may find resonance with a Congressman of labor background, but may not sit well the pro-employer Republican. ( point 5 of IV agenda). Also Point 7 may not be liked by a Democrat as it places haves before the havenots.
My question is can we tailor it based on whom we are speaking to or keep it standard if some points are disliked by the lawmakers?
I haven't mentioned the actual points as I'm not sure if they can be discussed here. Is it okay to discuss it here? Or is it better discussed offline?
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solaris27
02-24 01:26 PM
i don't know but he put it there
more...
makemygc
06-14 11:02 AM
Bump
/\/\/\/\/\/\/\
Sorry to bump it. Wish someone could answer my question or could share their experience.
/\/\/\/\/\/\/\
Sorry to bump it. Wish someone could answer my question or could share their experience.
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jase21
11-23 04:26 AM
seems like flower by flocke button is lacking symmetry, or is it a design in its own sense.. But its beautiful.
Its hard to vote for just one!
Its hard to vote for just one!
more...
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GCwaitforever
08-16 11:21 AM
I am just quoting another way to move from EB-3 to EB-2 without having to file for PERM labor etc ... if you are in the same company. If the original labor petition is qualified for EB-2, but I-140 was applied in EB-3 category then that same approved EB-3 I-140 petition could be used as a supporting document in lieu of original labor certification to file another I-140 EB-2 petition. This is assuming that the attorney filed I-140 in the wrong category first time.
Of course if the original labor petition does not qualify for EB-2, but the applicant qualifies for EB-2 now, the applicant has to go through PERM again and port priority date from approved EB-3 I-140 to new EB-2 I-140 petition.
I hope this clarifies everything. I am not an attorney. Use the information at your own risk.
Of course if the original labor petition does not qualify for EB-2, but the applicant qualifies for EB-2 now, the applicant has to go through PERM again and port priority date from approved EB-3 I-140 to new EB-2 I-140 petition.
I hope this clarifies everything. I am not an attorney. Use the information at your own risk.
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saro28
12-26 07:57 PM
It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.
agc2005,
Thanks for the reply.
I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.
THanks
Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
Please send your experince.
Can I make this expedite. As I planning to go to India in Jan.
agc2005,
Thanks for the reply.
I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.
THanks
Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
Please send your experince.
Can I make this expedite. As I planning to go to India in Jan.
more...
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ash27
04-02 07:12 PM
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
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menimmigration
07-19 11:32 AM
BMSI,
My lawyer filed her I-485 on July 16'th and the application was delivered on July 17'th , We got to know about the approval from the USCIS website on July 18'th On July 16'th,17'th atleast till 9:00 PM EST status said My Case is Pending approval
Till now I hav'nt got any physical notice (Lawyers confirmed the same)
My lawyer filed her I-485 on July 16'th and the application was delivered on July 17'th , We got to know about the approval from the USCIS website on July 18'th On July 16'th,17'th atleast till 9:00 PM EST status said My Case is Pending approval
Till now I hav'nt got any physical notice (Lawyers confirmed the same)
more...
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ramus
06-20 01:11 PM
I would suggest to go with EAD and AP for spouse as its better then H1B.
You don't have to stick one employee if spouse has EAD and she doesn't need to find job in perticular field if she has EAD...
But for you, I would say just use H1B as long as you can.
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
You don't have to stick one employee if spouse has EAD and she doesn't need to find job in perticular field if she has EAD...
But for you, I would say just use H1B as long as you can.
You should put the status on the day you are filing, so if you are filing before she gets on H-1, her status would be H-4.
Question: Why do need to have an AP filed? Is it just to avoid the hassle of stamping?
Just getting an AP approved has nothing to do with the H-1 status. But if you use the AP to enter into US, there is a grey area if the H-1 is still valid or not. If you have an option try to keep her on H-1 and not use the AP, this will make sure that he has a valid work status even if the 485 gets rejected.
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akhilmahajan
11-14 08:28 PM
December visa bulletin is out and everybodys knows what they are in for. Truth is always bitter.
Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.
Folks this is the time to fight it out. Lets fight for ourselves.
The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.
The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.
There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet
Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.
Think about it.
Go IV Go. Together we can.
Joy and happiness of EAD's/AP's have turned sour. The reality is out. This bulletin has shown us what kind of time line we can expect to get our GC's. It's no more 1-2 years as people think and lawyers have been saying. Its years and years of wait.
Folks this is the time to fight it out. Lets fight for ourselves.
The first step in doing so is meeting lawmwkers. We need to educate the lawmakers of our problems. Till the time they dont understand, how can we expect any kind of relief from them.
The whole idea is to highlight our problem. If we dont highlight it, then noone is going to do anything for us.
There is no more spoon feeding. Now we need to rise for ourselves. Either its time to do something or the old choice of hiding inside the closet
Lets take a step forward in making everyone aware of our problems. Lets strengthen the state chapters. With a good base we can build up momentum and get more coverage for our issue.
Think about it.
Go IV Go. Together we can.
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justin150377
06-22 01:35 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present
rockstart
06-16 12:46 PM
I dont think USCIS will again match your education with labor now at 485 stage in normal circumstances unless there is some fraud. 485 is more about your name check and fingerprint check along with if you were ever out of status. The only thing they can ask again is a new employment offer letter.
amitkhare77
09-04 09:54 AM
Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
NO, I-485 filing > 180, also the I-140 is approved.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
No. if you send AC21 letter, you will not receive NOID (you might get RFE)
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
Yes
Here is my thought -
If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
just my thought, you might want to validate this with any leagal expert.
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