gbof
08-26 10:56 PM
My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21. Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
A person can EAD only once I-485 is approved? Is that correct. Please throw some light on the above points. Thanks in advance.
There is nothing like filing AC21, you may or may not inform uscis about changing job/new employer
Once your I-485 is approved you DONOT need EAD. Infact with approval of I-485-- EAD becomes defunt/invalid. You will need EAD based upon pending I-485 to switch jobs...
A person can EAD only once I-485 is approved? Is that correct. Please throw some light on the above points. Thanks in advance.
There is nothing like filing AC21, you may or may not inform uscis about changing job/new employer
Once your I-485 is approved you DONOT need EAD. Infact with approval of I-485-- EAD becomes defunt/invalid. You will need EAD based upon pending I-485 to switch jobs...
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afp
02-25 01:50 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
Sakthisagar
12-01 03:57 PM
Thank You dealsnet. I updated myself too.
2011 The Stone!
LostInGCProcess
06-29 02:01 AM
Can one do Day Trading being on H1?
more...
ramb
09-30 06:11 PM
I'm going to Canada on vacation for 2 days. I've read that if yr I-94 is valid and even if yr visa is expired you can return to US (thru automcatic revalidation)
till
1. you have not applied for US visa in Canada
2. you dont belong to a country declared as sponsoring terrorism.
My question is if you surrender yr I-94 to a Canadian inspector while crossing in to Canada, what do you show US immigration people while coming back? Do they stamp something etc? Has anyone gone thru this or knows abt this?
Thanks
till
1. you have not applied for US visa in Canada
2. you dont belong to a country declared as sponsoring terrorism.
My question is if you surrender yr I-94 to a Canadian inspector while crossing in to Canada, what do you show US immigration people while coming back? Do they stamp something etc? Has anyone gone thru this or knows abt this?
Thanks
90210
07-19 11:30 AM
So, you are saying change the same format so that it is addressed to me. Is that it?
Use the format suggested by Solaris. I also got in the same format. Please fill in your company details.
Use the format suggested by Solaris. I also got in the same format. Please fill in your company details.
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madhuri_sri
10-03 01:14 PM
Thanks everyone for the input.
And also thanks for directing me to the other thread.its my bad.I shudnt have started it again.
Thanks again.
Madhuri
And also thanks for directing me to the other thread.its my bad.I shudnt have started it again.
Thanks again.
Madhuri
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Harivinder
04-11 01:13 PM
Hi Friends and Administrators,
I have a suggestion. I am sure the administrators here have much better ideas than mine but I would request administrators to please read this suggestion with an open mind. It might be useful for the community.
I am sure we have enough members working for big companies like Microsoft, Google, Yahoo, Intel etc. The past experiences tell us that congress listens to these companies more than us even if we are making a valid point on the legal immigration issues. The irony here is that these companied care for H1 visa expansion not green card quota expansion. These big companies do not realize the benefit of green card quota expansion to them.
Let me prove how. A large proportion of the immigration community is working for small companies as consultants. Their immigration status makes changing jobs very difficult. Now I am sure if the people stuck in GC process get there GC thousands of people will not be forced to work for consultant companies and will look for permanent jobs. And these big companies are sitting on the top of the most desired companies to work for. These thousands of consultants will be more than happy to work for these big companies after they get there GC.
My point here is that if we can have these Companies speak for us, our voices can be heard by congress.
How this can be done: If immigrants working for these companies as consultants or permanent can start a chain of email and send a signed copy with hundred of signatures to the management, management might think of putting these points across to congress.
The contents of this email should be simple and achievable. Like
1. Recapture of unused Visas.
2. Get rid of the country quota. (This one is difficult but very beneficial).
3. Except US graduates form quota. (This one is controversial in IV community, but if US graduates are out of the quota every one is benefited. US graduates will be benefited more, but others will be benefited because there will be less number of people to share the quota. I mention this one because this point can get big support for the universities also, and I am sure congress does not ignore a voice coming form the universities.
About increasing the quota it is difficult and will not help much if the country quota is still exists.
If the email submitted to the management contain thousands of signatures from immigrants working for here company and people who support these immigrants in the company management and people like Bill Gates might talk to the congress to hemp us.
May be it is 2 cents suggestion but I would like the administrators to think out it with a open mind.
Thanks,
I have a suggestion. I am sure the administrators here have much better ideas than mine but I would request administrators to please read this suggestion with an open mind. It might be useful for the community.
I am sure we have enough members working for big companies like Microsoft, Google, Yahoo, Intel etc. The past experiences tell us that congress listens to these companies more than us even if we are making a valid point on the legal immigration issues. The irony here is that these companied care for H1 visa expansion not green card quota expansion. These big companies do not realize the benefit of green card quota expansion to them.
Let me prove how. A large proportion of the immigration community is working for small companies as consultants. Their immigration status makes changing jobs very difficult. Now I am sure if the people stuck in GC process get there GC thousands of people will not be forced to work for consultant companies and will look for permanent jobs. And these big companies are sitting on the top of the most desired companies to work for. These thousands of consultants will be more than happy to work for these big companies after they get there GC.
My point here is that if we can have these Companies speak for us, our voices can be heard by congress.
How this can be done: If immigrants working for these companies as consultants or permanent can start a chain of email and send a signed copy with hundred of signatures to the management, management might think of putting these points across to congress.
The contents of this email should be simple and achievable. Like
1. Recapture of unused Visas.
2. Get rid of the country quota. (This one is difficult but very beneficial).
3. Except US graduates form quota. (This one is controversial in IV community, but if US graduates are out of the quota every one is benefited. US graduates will be benefited more, but others will be benefited because there will be less number of people to share the quota. I mention this one because this point can get big support for the universities also, and I am sure congress does not ignore a voice coming form the universities.
About increasing the quota it is difficult and will not help much if the country quota is still exists.
If the email submitted to the management contain thousands of signatures from immigrants working for here company and people who support these immigrants in the company management and people like Bill Gates might talk to the congress to hemp us.
May be it is 2 cents suggestion but I would like the administrators to think out it with a open mind.
Thanks,
more...
meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
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wheyprotein
05-25 10:06 AM
Hi.
I have an urgent need. My wife is a green card holder and we just finished visiting my family here in the US before we travel overseas tomorrow to visit my wife's family. The problem is my wife left her purse (along with her green card) at my family's house but my family is now out of town themselves for a few weeks and we can't get into the house to get her purse and green card. Luckily she left her passport at our hotel so we still have that.
My question is---can we still leave the US tomorrow without my wife's green card? Does she need to show her green card to leave US? Her country of origin passport is still valid but her immigrant visa is expired.
I can ask my family to fedex us the green card overseas once they return so we can reeneter the US when our trip is finished.
Thanks!!
I have an urgent need. My wife is a green card holder and we just finished visiting my family here in the US before we travel overseas tomorrow to visit my wife's family. The problem is my wife left her purse (along with her green card) at my family's house but my family is now out of town themselves for a few weeks and we can't get into the house to get her purse and green card. Luckily she left her passport at our hotel so we still have that.
My question is---can we still leave the US tomorrow without my wife's green card? Does she need to show her green card to leave US? Her country of origin passport is still valid but her immigrant visa is expired.
I can ask my family to fedex us the green card overseas once they return so we can reeneter the US when our trip is finished.
Thanks!!
more...
masterfender
04-28 03:19 PM
Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.
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desi3933
06-18 03:38 PM
Hi,
Suppose the 485 is filed for a position (salary 70K). When using AC21, does the salary in the new company matters? Suppose if its 110K?
Also, does the title matter? Do we need to get the exact job title in the new company?
It may be one the criteria to check if the new job is same or similar.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Suppose the 485 is filed for a position (salary 70K). When using AC21, does the salary in the new company matters? Suppose if its 110K?
Also, does the title matter? Do we need to get the exact job title in the new company?
It may be one the criteria to check if the new job is same or similar.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
more...
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satishku_2000
06-13 10:58 PM
depends on your PD?
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cableman
06-12 03:37 PM
Hi all, could U pls. refer a good immigration lawyer in the tristate (NY/NJ/CT) area. Thank u.
My old company used Fragomen' NJ office. I found them very professional.
Iselin, New Jersey
99 Wood Avenue South, 10th Floor
Iselin, NJ 08830-2715
USA
Telephone: +1 732 906 1230
Facsimile: +1 732 906 9190
Email: Iselininfo@fragomen.com
My old company used Fragomen' NJ office. I found them very professional.
Iselin, New Jersey
99 Wood Avenue South, 10th Floor
Iselin, NJ 08830-2715
USA
Telephone: +1 732 906 1230
Facsimile: +1 732 906 9190
Email: Iselininfo@fragomen.com
more...
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admin
03-15 09:19 AM
It would be really great if such a person working in a big Indian Company and is able to express himself well, can contact us. For this requirement, time is of essence. So please contact us at the earliest at info@immigrationvoice.org
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roseball
01-27 04:28 PM
Immigration & Winning the Future | The White House (http://www.whitehouse.gov/blog/2011/01/27/immigration-winning-future)
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
Cases waiting for visa numbers are not considered as backlogged. USCIS only terms cases pending processing as backlogged cases.
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
Cases waiting for visa numbers are not considered as backlogged. USCIS only terms cases pending processing as backlogged cases.
more...
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senocular
10-27 08:42 PM
Stop wasting your pixels!
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raj2007
04-02 09:22 PM
Hi Gurus,
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
1. Use Ac21
2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
Otherwise you can take a vacation on H1.
For Cp you have to withdraw your 485 application and refile your application.
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
1. Use Ac21
2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
Otherwise you can take a vacation on H1.
For Cp you have to withdraw your 485 application and refile your application.
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pappu
06-04 10:32 PM
Could you please search archives. In the past I had written about these issues and members had discussed this issue.
dazed
11-20 01:28 PM
My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.
Thank you.
Thank you.
venky321
03-23 07:19 PM
I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
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