kvrr
02-12 03:13 PM
Is it possible to transfer H1 from company A to B after I-140 approval and H1- 3 year extension and continue the GC process (apply for I-485 when date becomes current) with company A provided company A has no objections?
waitingnwaiting
05-20 10:43 AM
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,
Was your question
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?
Guys
Lets complete her questions with various possible choices and help her. Happy Friday. :D
Was your question
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?
Guys
Lets complete her questions with various possible choices and help her. Happy Friday. :D
LostInGCProcess
11-06 02:39 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
There is no mention from the original poster that she was out of status at any time. Also, one need not have an EAD, just to be in status. Your GC (i-485) is for future job, so, technically you can just sit at home...till you get the GC. But you must have a permanent offer letter from the GC sponsored company.
There is no mention from the original poster that she was out of status at any time. Also, one need not have an EAD, just to be in status. Your GC (i-485) is for future job, so, technically you can just sit at home...till you get the GC. But you must have a permanent offer letter from the GC sponsored company.
rameshk75
02-12 03:14 PM
Am working for a GC sponsoring company and applied for 485 in August 2007 and received EAD, AP etc...
Can i change the company with a H1B transfer and invoking AC21? Am not willing to move to EAD.. My current H1B is valid until Sep'09.
Pls suggest the possiblities..
Can i change the company with a H1B transfer and invoking AC21? Am not willing to move to EAD.. My current H1B is valid until Sep'09.
Pls suggest the possiblities..
more...
martinvisalaw
10-21 04:30 PM
Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
srikondoji
06-12 09:06 PM
IV core shud approach republicans who are saying no amnesty to law breakers.
Let us approach them and convince them to bring amendments to reward law abiding people like us.
Let us approach them and convince them to bring amendments to reward law abiding people like us.
more...
eb3retro
02-15 11:25 PM
Hi,
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
could you please update your profile? thanks.
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
could you please update your profile? thanks.
mirchiseth
05-29 01:18 PM
Just to confirm, based on webm's response
For applying the 120 day rule for I131 renewal, we should use the date printed on existing AP paper and not the date stamped by the immigration officer when a person uses AP to re-enter the country from outside.
For applying the 120 day rule for I131 renewal, we should use the date printed on existing AP paper and not the date stamped by the immigration officer when a person uses AP to re-enter the country from outside.
more...
gcgreen
09-02 05:02 PM
short term insurance is not recommended because, to my knowledge, short term coverage time period does not count toward pre-existing condition wait time. COBRA coverage period does. It is more expensive, but it is worth it.
Also, I think short term coverage is available only for 3 months or 6 months. Not sure if it is available only for 30 days.
AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.
Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.
HTH
-s
Also, I think short term coverage is available only for 3 months or 6 months. Not sure if it is available only for 30 days.
AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.
Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.
HTH
-s
Robert Kumar
03-17 05:16 PM
If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.
In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.
I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.
more...
martinvisalaw
07-06 09:51 AM
See answers below, IN CAPS.
I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
Here is my current status :
6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :
1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?
NO, THERE SHOULDN'T BE A PROBLEM. HOWEVER, IT WOULD BE BETTER IF YOU HAD AN APPROVED EXTENSION OR AT LEAST AN EXTENSION RECEIPT NOTICE TO SHOW THE CONSULATE.
2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?
IT MAY BE EBST TO APPLY JUST BEFORE YOU LEAVE. HOWEVER, YOU CAN PROBABLY TRUST YOUR ATTORNEY'S SUGGESTION.
3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?
NO, YOU ARE OK TO STAY ONCE AN EXTENSION WAS FILED BEFORE THE CURRENT STATUS EXPIRES.
Thanks.
I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
Here is my current status :
6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :
1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?
NO, THERE SHOULDN'T BE A PROBLEM. HOWEVER, IT WOULD BE BETTER IF YOU HAD AN APPROVED EXTENSION OR AT LEAST AN EXTENSION RECEIPT NOTICE TO SHOW THE CONSULATE.
2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?
IT MAY BE EBST TO APPLY JUST BEFORE YOU LEAVE. HOWEVER, YOU CAN PROBABLY TRUST YOUR ATTORNEY'S SUGGESTION.
3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?
NO, YOU ARE OK TO STAY ONCE AN EXTENSION WAS FILED BEFORE THE CURRENT STATUS EXPIRES.
Thanks.
eb3retro
07-27 12:48 PM
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
wow..when did you file your I-485? cos, I am in Jan2003 and never had a chance to file 485 until now...could you elaborate???
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"
Long wait is over....
I thank IV core members and all others for their efforts and information.
Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.
wow..when did you file your I-485? cos, I am in Jan2003 and never had a chance to file 485 until now...could you elaborate???
more...
hopefulgc
09-15 04:03 PM
good idea.. see you at 9:30 on wednesday
485Mbe4001
07-11 02:45 PM
i guess its the overflow from other countries, which brings up a good question, why was EB3 ROW made unavailable earlier and the overflow sent to EB2 I ? Lawsuit anyone :confused:
Only they know how they work. As for EB3 -I, the only certainty is that come October EB3 I will revert back to the July PD (i am EB3-I may 02:mad:).
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
Only they know how they work. As for EB3 -I, the only certainty is that come October EB3 I will revert back to the July PD (i am EB3-I may 02:mad:).
Yes. Its simple math. But if it was 10K visas a year, then why did they have to jump forward by more than 2 yrs? Nobody knows how USCIS works internally. The math that v have and the one that they have differ a lot and unexpected things (for good or bad) happen all the time.
more...
pcs
06-26 08:26 PM
please PM me your tel no and I will call. We at Detroit are having a good get together and I can easily push it with the guys here but need to know what you want to do ? Maybe you can even call me on the phone when we are meeting
jonty_11
02-14 04:17 PM
In the RIR system EB2 was MS + 3 and BS+5.
If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole
If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole
more...
vdesai_8
03-16 12:27 PM
You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.
EkAurAaya
07-10 09:55 PM
flush this theory of mine... may be it was just a flook that 9 cases followed a pattern (and i thought i just decoded it LOL)... but this just confirms that applications dont reach Service centers they actually reach a black hole :D
swo
08-03 08:04 PM
I forgot my password, and security question’s answer.
Hmm...and let me guess. You're applying to immigrate as a highly skilled IT specialist? :D
Hmm...and let me guess. You're applying to immigrate as a highly skilled IT specialist? :D
qualified_trash
06-16 09:34 AM
why cant we set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators?
ajju
08-28 04:08 PM
Hello fellow IV members,
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
What kind of help are you looking for?? Its all in the IV forums about AC21... You need nothing... If you think your employer may revoke your approved I-140.. then you need to inform USCIS of your using AC21 to do a job change... If your I-140 is not approved yet.. you need to wait...
All the needed details would be in AC21 threads...
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
What kind of help are you looking for?? Its all in the IV forums about AC21... You need nothing... If you think your employer may revoke your approved I-140.. then you need to inform USCIS of your using AC21 to do a job change... If your I-140 is not approved yet.. you need to wait...
All the needed details would be in AC21 threads...
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