waitingGC
03-21 10:58 AM
My wife will apply for H1 this April. I also have some questions:
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
1. can she transfer her H1 to another company before she starts to work for the company which sponsors her H1B?
2. if she does not want to join the sponsoring company, can she transfer back to H4 after getting H1B approval but before Oct. 1st? Under this circumstance, is she subject to H1 quota in the future?
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simon03
08-16 01:26 PM
I am not an expert but this is my understanding:
there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
1. you have a current job that is similar in duties
2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer
You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c
there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
1. you have a current job that is similar in duties
2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer
You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c
KbK
04-09 11:50 PM
Hi friends
I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.
The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.
On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.
If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.
I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.
This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.
Friends at the end, may I request you to please send your thoughts on this?
Thanks
I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.
The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.
On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.
If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.
I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.
This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.
Friends at the end, may I request you to please send your thoughts on this?
Thanks
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pappu
09-10 11:20 AM
Come to the rally and we will no longer have questions. Only answers and solution to our problems if the rally is successful. We can do post mortem later when retrogression is dead. (pun intended)
more...
ita
07-25 01:21 PM
I changed jobs recently and retained my attorney from previous employer even though I had the option of using the current employer's attorney for free. The reason being
1. I had good relationship with my previous attorney.
2. I never know when my dates (EB-I 06/03) will be current and in case of a layoff or future job change, we need to update USCIS with the new attorney information which I thought will raise a few eyebrows and was not comfortable with this option.
3. Even though you change attorney and send the updated details to USCIS, chances are that they don't update the system and any RFE or information may still get sent to the original attorney that filed your I-485.
Note, that I am not suggesting you one way or the other, these are the reasons for making my decision, hopefully this will help you make an informed decision.
Thanks.
I like your reasons.I have good realations with my employer.
My attornety is through my company though I paid her.
I'm still concerned with this 'what if my employer and through him my attorney do something that might harm my case if I move to another company'( as my old company will not have me and that will make their business a difference)
And it's attorney who will have to let me know if there is any RFE in future.
For the same fear I'm not even asking my attorney any AC21 related doubts that I have as she may go to my employer , tell him about it and that would be like giving him reason to believe I'm moving out even before I made any move.
If I changed the attorney then there is other set of reasons to be concerned about.
I would really appreciate it if any one could suggest something on this dilemma that I'm going through (having gone through this themselves or otherwise).
Thank you.
1. I had good relationship with my previous attorney.
2. I never know when my dates (EB-I 06/03) will be current and in case of a layoff or future job change, we need to update USCIS with the new attorney information which I thought will raise a few eyebrows and was not comfortable with this option.
3. Even though you change attorney and send the updated details to USCIS, chances are that they don't update the system and any RFE or information may still get sent to the original attorney that filed your I-485.
Note, that I am not suggesting you one way or the other, these are the reasons for making my decision, hopefully this will help you make an informed decision.
Thanks.
I like your reasons.I have good realations with my employer.
My attornety is through my company though I paid her.
I'm still concerned with this 'what if my employer and through him my attorney do something that might harm my case if I move to another company'( as my old company will not have me and that will make their business a difference)
And it's attorney who will have to let me know if there is any RFE in future.
For the same fear I'm not even asking my attorney any AC21 related doubts that I have as she may go to my employer , tell him about it and that would be like giving him reason to believe I'm moving out even before I made any move.
If I changed the attorney then there is other set of reasons to be concerned about.
I would really appreciate it if any one could suggest something on this dilemma that I'm going through (having gone through this themselves or otherwise).
Thank you.
andy garcia
09-08 07:53 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
more...
ameryki
03-17 04:30 PM
I don't remember immi status even coming up during mortgage appli!
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hopelessGC
11-12 04:48 PM
The passport is valid but the visa inside it is not. I suppose you are saying this is not a problem!?:)
Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.
Correct, just the passport. Visa is not checked when traveling withing the US.
Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.
Correct, just the passport. Visa is not checked when traveling withing the US.
more...
nissan_1
10-26 11:28 AM
Now I am confused with the PD of labor...
Here is the scenario -
Labor - Approved
PD - April 2007
I140 Pending
6th year H1B expiring on march 2008.
Assuming I140 will not be apprved by March 2008, can we get 1 year Extension?
Here is the scenario -
Labor - Approved
PD - April 2007
I140 Pending
6th year H1B expiring on march 2008.
Assuming I140 will not be apprved by March 2008, can we get 1 year Extension?
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uimv
03-14 12:18 PM
So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
Switch from H1 to EAD is done by filling out new I-9 form for EAD.
Switch from H1 to EAD is done by filling out new I-9 form for EAD.
more...
Steve Mitchell
January 17th, 2005, 09:47 AM
Nice job Anders. 2,3,4 and 5 are the best of these I believe. You're exactly right about practice. The more you shoot the better you will get, as you are demonstrating. Patience and alertness are the key as well. When you can't control what's happening, you have to anticipate, and be alert to catch in when it happens. Shooting from the penalty box allows from some great shots. Be alert in there though. The first time I did that a puck whistled by myhead. Thank goodness I ducked and moved my head. Water from the ice was literally on my ear and the puck hit behind me. I would have hit me square in the head.
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wellwishergc
07-13 11:07 AM
just EAD is not enough. EAD is required to maintain status and work; however AP is required if she travels abroad and needs to re-enter.
I hope you do not have to worry about it; maybe her 485 is approved as well.
If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her
I hope you do not have to worry about it; maybe her 485 is approved as well.
If she has an EAD she should be fine with the status, if she does not have one, may be u could apply one for her
more...
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gc_on_demand
02-03 01:41 PM
Hi
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.
Go back...
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.
Go back...
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mayurcreation
01-13 09:23 AM
Hi,
My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don�t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven�t canceled my I-140 (I can check the status at USCIS web site).
My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.
1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month.
I have checked with my company lawyer, they�re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they�ve issued the I-140. They say that usually there�s no response from USCIS on such cases even if we put in a request. I�ve asked them to see if there are any other options
There is any other option!!
Thanks in advance.
1st PD EB3 11/17/2007
2nd PD EB2 07/27/2009
My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don�t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven�t canceled my I-140 (I can check the status at USCIS web site).
My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.
1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month.
I have checked with my company lawyer, they�re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they�ve issued the I-140. They say that usually there�s no response from USCIS on such cases even if we put in a request. I�ve asked them to see if there are any other options
There is any other option!!
Thanks in advance.
1st PD EB3 11/17/2007
2nd PD EB2 07/27/2009
more...
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msyedy
03-10 12:08 PM
Hello,
My wife is planning to convert from H4 to H1 for dentist.
1) Does she need a dental license to apply for H1 ?
She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
2) I did some googling and found that UCSIS issues H1 for 1 year for nurses who do not have license(because of no SSN). Would this apply to dentists as well ?? link (http://www.murthy.com/nurse_faq.html#2)
Please help !
Thanks !!
H1-B is all sponser based. You just can't go to USCIS and say that give my wife H1-B. You need an employer who is willing to hire her, show how much he is willing to pay and many more things. You say for a license she needs SSN, so there is your answer
"NO"
Nurses come under schedule A which is completely different
Main point---
Nurses is completely a different cap and category.
My wife is planning to convert from H4 to H1 for dentist.
1) Does she need a dental license to apply for H1 ?
She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
2) I did some googling and found that UCSIS issues H1 for 1 year for nurses who do not have license(because of no SSN). Would this apply to dentists as well ?? link (http://www.murthy.com/nurse_faq.html#2)
Please help !
Thanks !!
H1-B is all sponser based. You just can't go to USCIS and say that give my wife H1-B. You need an employer who is willing to hire her, show how much he is willing to pay and many more things. You say for a license she needs SSN, so there is your answer
"NO"
Nurses come under schedule A which is completely different
Main point---
Nurses is completely a different cap and category.
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sdfdf6534
03-24 08:27 PM
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simple1
10-04 07:43 PM
We live in business world. Bright Companies pay salary at bad economic times to retain skilled employees. Desi companies pay more even during bench to retain employees, american companies dont and lay them off. That is precicly the reason desi companies succeed.
where is Gandhi's quote that says dont draw salary during bench time.
On the other hand he has said
"Commonsense is the realised sense of proportion".
Mohandas Gandhi
It makes common sense (for companies) to pay more during bad economic times to retain bright people (current-loss and future-profit proportion).
Well I dont understand you guys... Why the hell u start cursing... If i was a Devil or what so ever taking a illegal route... I wouldnot have posted this question here but would have gone the route and started the process
Btw before cursing.. at least think twice...
and wat about all those desi who work with consultancy who stay on bench etc etc ... where does Oct 2nd/ gone for them..,..? I am sure people who cursed me were one of them !
Infact ateast I am open and willing to ask people before taking any unethical step or wrong step...!
Guys u need to change the attitude... either answer and help..or just dont take out your GC pain in form of curse on other members!
where is Gandhi's quote that says dont draw salary during bench time.
On the other hand he has said
"Commonsense is the realised sense of proportion".
Mohandas Gandhi
It makes common sense (for companies) to pay more during bad economic times to retain bright people (current-loss and future-profit proportion).
Well I dont understand you guys... Why the hell u start cursing... If i was a Devil or what so ever taking a illegal route... I wouldnot have posted this question here but would have gone the route and started the process
Btw before cursing.. at least think twice...
and wat about all those desi who work with consultancy who stay on bench etc etc ... where does Oct 2nd/ gone for them..,..? I am sure people who cursed me were one of them !
Infact ateast I am open and willing to ask people before taking any unethical step or wrong step...!
Guys u need to change the attitude... either answer and help..or just dont take out your GC pain in form of curse on other members!
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lostinbeta
10-22 04:20 PM
In the Shinra Mansion in Clouds hometown.
All the way in the basement behind that locked door.
You have to get the key from the safe which is also in a room in the Shinra Mansion. (up the steps and to the right I believe)
All the way in the basement behind that locked door.
You have to get the key from the safe which is also in a room in the Shinra Mansion. (up the steps and to the right I believe)
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Abhinaym
10-05 10:56 AM
I doubt if it'll be a GC process for illegals. I guess at best that would be a temp visa.
If it is a GC, then there's no way they can give illegals preference over legals. In this case we're a little screwed since the lines will be filled with people (who can prove they've been longer than us)
If it's a temp visa, we're still screwed - because of the additional processing, they may not process GCs as fast (!) as they're doing now.
That's my speculation so far.
If it is a GC, then there's no way they can give illegals preference over legals. In this case we're a little screwed since the lines will be filled with people (who can prove they've been longer than us)
If it's a temp visa, we're still screwed - because of the additional processing, they may not process GCs as fast (!) as they're doing now.
That's my speculation so far.
isthereawayout
02-22 11:46 AM
Its not exactly the same position. As you can see the requirements are slightly different.
bindas74
02-05 10:54 PM
I applied I-485 in July 2007. But didn't apply for EAD/AP. I applied for EAD for the first time now, few days back and I was asked by my lawyer a check of $340 as application fee.
Hope this helps !!
hi raj1998,
I did pay $340 as I had applied in March 2008...now I am up for renewal...so I was hoping that I dont hace to pay any money since I had applied my first EAD with the new fee structure..
do you think you have to pay $340 when you are up for renewal next year?
Hope this helps !!
hi raj1998,
I did pay $340 as I had applied in March 2008...now I am up for renewal...so I was hoping that I dont hace to pay any money since I had applied my first EAD with the new fee structure..
do you think you have to pay $340 when you are up for renewal next year?
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