GCard_Dream
04-05 04:37 PM
That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
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krishna_brc
03-25 08:12 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
Thanks.
You should be fine as long as your W2's are higher than what is specified in H1 LCA.
You GC Labor Wages are for furure job.
Thanks,
Krishna
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
Thanks.
You should be fine as long as your W2's are higher than what is specified in H1 LCA.
You GC Labor Wages are for furure job.
Thanks,
Krishna
SpookyH1Alien
12-08 06:10 PM
Hi Praveen
I recently went for my 10 year H-1B stamping in hyderabad in august end. I got the 221g slip and as in your case, the officer retained my passport. They requested info about my company which I duly provided in a weeks time. I got my visa approved and passport in my hands in early november so it took about 70 days. Obviously every case is different so I cannot say how long your case would be pending but my brother had to wait about 60 days for his visa stamping.
My company was ok with me staying back for the stamping. Though I have AP/EAD (July 2007 filer) I used the opportunity to spend time with my family. I came back last week with no issues at the POE. Good luck with your case
Can you please let us know which city and when exactly? Also, do you know if it was a TAL case? I am in a permanent position but in the semiconductor industry. My company does not take absences of more than 2/3 weeks easily. I am planning a trip to India soon. I would like to understand the risks involved. No AP/EAD.
I recently went for my 10 year H-1B stamping in hyderabad in august end. I got the 221g slip and as in your case, the officer retained my passport. They requested info about my company which I duly provided in a weeks time. I got my visa approved and passport in my hands in early november so it took about 70 days. Obviously every case is different so I cannot say how long your case would be pending but my brother had to wait about 60 days for his visa stamping.
My company was ok with me staying back for the stamping. Though I have AP/EAD (July 2007 filer) I used the opportunity to spend time with my family. I came back last week with no issues at the POE. Good luck with your case
Can you please let us know which city and when exactly? Also, do you know if it was a TAL case? I am in a permanent position but in the semiconductor industry. My company does not take absences of more than 2/3 weeks easily. I am planning a trip to India soon. I would like to understand the risks involved. No AP/EAD.
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pd052009
09-13 02:51 PM
You save time when you port from one EB category to another EB category and your country of chargeability has a backlog. Switching b/w employers with same EB category will not save any time.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
Hi pd052009,
Thank you for your help. I am just confused about one issue. I thought by porting my PD from and old EB2+ perm case to a new EB2+perm will save me time in waiting for the PD. Now you mentioned that if I port my PD from an old EB2 to a new EB2 (same category), I will not save any time. Please clarify.
Thanks.
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shirish
08-15 03:16 PM
One of my friend wa sin a similer situation, he received RFE though. He had indications of TB in his child hood, so the doc had done the x-ray directly, no TB test for him. He got an RFE in june. He replied with the TB test and he got his GC in july (around end of july)
chem2
08-17 07:07 AM
The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
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ItIsNotFunny
04-23 10:12 AM
Quick question - Our firm's attorney is being super-secretive in not letting me see the labor and/or the I-140 application. My wife is a dependent on the I-140 application. The I-140 is filed using premium processing.
Will I get a copy (courtesy) of either the receipt notice or the approval notice from USCIS directly?
If your 140 is filed under premium. Just relax and have fun with your family. You will get approved 140 at your home in a week. Good part of the story is, I-140, USCIS sends to your home not to lawyer. :)
Will I get a copy (courtesy) of either the receipt notice or the approval notice from USCIS directly?
If your 140 is filed under premium. Just relax and have fun with your family. You will get approved 140 at your home in a week. Good part of the story is, I-140, USCIS sends to your home not to lawyer. :)
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rajarao
09-08 10:03 PM
I got the same mail and kept me thinking about it; Just another way USCIS keeps us on our toes and in suspense, since the years of wait is not sufficient.....; Anyway, looks things are moving. Great Job by IV and the teams, starting from July 2007 visa bulletin; the community is great and good source of information. I will do my best to continue my support for IV as before and to all the immigrants or waiting to be one. Good luck to everyone.
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thomachan72
09-19 05:03 PM
I agree most probably you were granted the visa and I can understand why you did not ask the lady whether you were granted the visa or not. It can become very intimidating and painful when dealing with people who use such positions to harass others. They tend to put all their troubles onto the folks who have to come before them helpless. There are avenues to complain but really does that help?
Again I very strongly feel that since the lady did not give any specific reason to deny your visas (which is often required) nor did she give any yellow/blue/green whatever papers, you/family were granted visas. So cheer up and remain very optimistic. Let us know when you recieve the visas.
Again I very strongly feel that since the lady did not give any specific reason to deny your visas (which is often required) nor did she give any yellow/blue/green whatever papers, you/family were granted visas. So cheer up and remain very optimistic. Let us know when you recieve the visas.
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roseball
11-19 12:45 PM
i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
This shouldnt be a problem as H1 is a dual intent visa.....Its not like F1 or Visitors Visa where you have to show intent to return home......You should be fine.....
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paskal
11-10 06:32 PM
to everyone willing to contribute to the efforts
please hold on, i will get back to you once the structure of the new work groups is finalized. remember to complete your profile!
please hold on, i will get back to you once the structure of the new work groups is finalized. remember to complete your profile!
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sk2006
08-19 01:37 PM
Thanks dealsnet and intheyan,
BTW I called USCIS and the guy told me that My case is approved and I should not worry. ADIT is related to fingure prints/photos and since I did it in september last year I shold be OK.
I asked don't you send 'card production ordered' email?
He said he did not know that but my case is approved.
BTW I called USCIS and the guy told me that My case is approved and I should not worry. ADIT is related to fingure prints/photos and since I did it in september last year I shold be OK.
I asked don't you send 'card production ordered' email?
He said he did not know that but my case is approved.
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rcr_bulk
08-28 05:45 PM
For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....
At last , now you found right the thing to do.
At last , now you found right the thing to do.
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lazycis
12-21 06:53 PM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
1. Technically you can start working for a new employer from January 2nd (180 days after I-485 received date). It does not matter when you've got EAD.
2. If you do not notify the USCIS and you current employer won't withdraw I-140, the USCIS will never know about the job change.
3. See #2. You have to make sure they will not withdraw I-140. AC21 or not, it's in your best interest to leave on good terms.
4. Not really. Make sure job title or responsibilities/duties are same or similar. It does not have to be 100% match.
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missedthecut
02-09 10:47 PM
I had the same problem couple of years ago and I live in california. My friend dropped me at the mexico border in san diego. Went to mexico and had my I94 changed till the visa expiration and came back to USA. Its very simple and you should not have any problem as you have valid visa.
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chanduv23
07-05 07:20 AM
Senthil1 - behaves like an anti immigrant sitting in this forum. Though at times he gets things right and in perspective, most times he is always supportive of the other side - with no logic or reasoning.
Senthil - do you get paid by numbersusa etc// :D :D :D :D
Does USCIS promise u fast citizenship if you do this???:D :D :D :D
Senthil - do you get paid by numbersusa etc// :D :D :D :D
Does USCIS promise u fast citizenship if you do this???:D :D :D :D
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arnet
10-31 04:05 PM
my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.
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sri_chicago
05-14 06:24 PM
Hello friends,
On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.
On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.
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GabonpharmD
04-15 10:45 PM
also update ur profile..
I did not wan to create a separate thread since I have similar questions:
My situation:
US pharmD graduating in may 09
H1B approved ( start oct 09)
OPT not approved yet
Married to F-1
child born in US
Country- Gabon (both)
city- nashville TN
Company-CVS
Facts:
My company told me I qualify for GC sponsoring after 90 days of full time as pharmacist and to just buzz them when I am ready. I will be full time rx on my OPT, which shoudl come out before graduation.
I pass my boards in June, I should be go to go for GC filing as soon as October.
Questions:
1. is changing address within the same city affect GC procress? I heard of people changing city and having to start the 1st step over. If address change within the same city is a big deal. We will buy our house before starting GC filing if not we will take our time.
2. What r the pros and cons of filing GC that early into employment? The CVS guy told me usually people prefer to wait longer before filing for GC. why? ( I am thinking if it's going to take that many years, I might as well start early because my husband has the possibility to transform his phD into MD/phD after his qualifying exam in 2-3 years and we hope to be Gc holder by then)
3. When GC filing start can I include my husband from the start with his F1 status or do we have to switch him to H4 status first?. For now, we prefer to keep him on his F1 visa because of a friend experience with H4, she was F1, went H4 but went back to F1 cause F1 can get stipend for lab work but H4 can't)
4. any suggestion, that you think I can benefit from on how to approach is welcomed. I 've been F1 for 5-6 years now..just looking forward to ending my life as an international student, but I don't want to rush into things out of ignorance.
I did not wan to create a separate thread since I have similar questions:
My situation:
US pharmD graduating in may 09
H1B approved ( start oct 09)
OPT not approved yet
Married to F-1
child born in US
Country- Gabon (both)
city- nashville TN
Company-CVS
Facts:
My company told me I qualify for GC sponsoring after 90 days of full time as pharmacist and to just buzz them when I am ready. I will be full time rx on my OPT, which shoudl come out before graduation.
I pass my boards in June, I should be go to go for GC filing as soon as October.
Questions:
1. is changing address within the same city affect GC procress? I heard of people changing city and having to start the 1st step over. If address change within the same city is a big deal. We will buy our house before starting GC filing if not we will take our time.
2. What r the pros and cons of filing GC that early into employment? The CVS guy told me usually people prefer to wait longer before filing for GC. why? ( I am thinking if it's going to take that many years, I might as well start early because my husband has the possibility to transform his phD into MD/phD after his qualifying exam in 2-3 years and we hope to be Gc holder by then)
3. When GC filing start can I include my husband from the start with his F1 status or do we have to switch him to H4 status first?. For now, we prefer to keep him on his F1 visa because of a friend experience with H4, she was F1, went H4 but went back to F1 cause F1 can get stipend for lab work but H4 can't)
4. any suggestion, that you think I can benefit from on how to approach is welcomed. I 've been F1 for 5-6 years now..just looking forward to ending my life as an international student, but I don't want to rush into things out of ignorance.
immuser
12-09 11:15 PM
Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.
Salary for any job depends on lot of factors. How one negotiates is a key factor.
_________________
Not a legal advice.
I am skeptical about these high salaries. Companies have range for each position. good negotiation may get you the higher end but you can not go from 25L to 45L by negotiating.
The media there (and ppl too) like to talk about high salaries. This facebook article shows ppl obsession on the topic and a whole article about one studen't offer is ridiculous and vulgar in a way .
Salary for any job depends on lot of factors. How one negotiates is a key factor.
_________________
Not a legal advice.
I am skeptical about these high salaries. Companies have range for each position. good negotiation may get you the higher end but you can not go from 25L to 45L by negotiating.
The media there (and ppl too) like to talk about high salaries. This facebook article shows ppl obsession on the topic and a whole article about one studen't offer is ridiculous and vulgar in a way .
va_il
12-27 01:49 PM
With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.
Any insight would be appreciated.
Clueless i guess.
Any insight would be appreciated.
Clueless i guess.