GCard_Dream
09-12 01:04 PM
the hearing will be broadcasted on C-SPAN 3 starting at 2pm ET
Is this hearing actually hapenning? Can someone post any update if the hearing is going on?
Is this hearing actually hapenning? Can someone post any update if the hearing is going on?
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h1_b_visa_holder
09-29 10:13 AM
Hi,
You cannot just transfer with the I-140 receipt number . You would need the copy of the I-140. Lot of Indian employers especially from NJ are very bad and try to take advantage of their employees just like this. They will scare you and not let you move. But in your case, 9th year is a bit risky and I dont think you will get full 3 years if you apply for a transfer. Its BEST if the other company applies for PERM/I-140 and then you can transfer based on the new I-140. Then you will continue to get full 3 years. In this case ,you can also port your older priority date to your new I-140 . This process is safe but it takes lot of time and money. :(
Thankd for your feedback. I read here that only the receipt # may be sufficient.
I-140 approval notice copy (http://www.immigration-information.com/forums/i-140-petitions/10809-i-140-approval-notice-copy.html)
I have to move as the job I am getting is very close to my dream job. I have started to talk about this with my new employer also and they have not yet got back to me. The process you said, my new employer will not agree as it will take a year. My current I-797/I-94 is till 2013, so based on that wont USCIS give me the same H1 approval for my new employer? Though this is logical, but we all know how USCIS works :)
Anyone else if you have had similar experience, please post here...
You cannot just transfer with the I-140 receipt number . You would need the copy of the I-140. Lot of Indian employers especially from NJ are very bad and try to take advantage of their employees just like this. They will scare you and not let you move. But in your case, 9th year is a bit risky and I dont think you will get full 3 years if you apply for a transfer. Its BEST if the other company applies for PERM/I-140 and then you can transfer based on the new I-140. Then you will continue to get full 3 years. In this case ,you can also port your older priority date to your new I-140 . This process is safe but it takes lot of time and money. :(
Thankd for your feedback. I read here that only the receipt # may be sufficient.
I-140 approval notice copy (http://www.immigration-information.com/forums/i-140-petitions/10809-i-140-approval-notice-copy.html)
I have to move as the job I am getting is very close to my dream job. I have started to talk about this with my new employer also and they have not yet got back to me. The process you said, my new employer will not agree as it will take a year. My current I-797/I-94 is till 2013, so based on that wont USCIS give me the same H1 approval for my new employer? Though this is logical, but we all know how USCIS works :)
Anyone else if you have had similar experience, please post here...
shukla77
04-26 02:22 PM
Mr Nathan & other like minded,
would you like to share how much you have contributed so far? Is it in the range of 1-2K, 5-6K or more than 10K range. It is after all choice of the people who want to contribute or not. There is alreay a donor forum for people who are interested in contributing.but just giving nonsense response to someone's question does not make you smart. The problem with some of you is that you contribute some amount to IV ( By the way that is a good thing to do) and then feel obligated to write expert & stupid comments on every topic which is posted on general forum.
would you like to share how much you have contributed so far? Is it in the range of 1-2K, 5-6K or more than 10K range. It is after all choice of the people who want to contribute or not. There is alreay a donor forum for people who are interested in contributing.but just giving nonsense response to someone's question does not make you smart. The problem with some of you is that you contribute some amount to IV ( By the way that is a good thing to do) and then feel obligated to write expert & stupid comments on every topic which is posted on general forum.
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axp817
01-05 09:22 PM
New employer has Fragomen as their attorneys, Fragomen had me file AC21 paperwork. No, new employer doesn't have an internal immigration department, just HR.
Hope this helps.
Hope this helps.
more...
prem_goel
08-26 01:54 PM
Guys, I am filing up my AP now (and EAD as well).
For AP, I noticed that the addresses where to file are lockboxes and not NSC/TSC/CSC....why is everyone filing at NSC/TSC/CSC now.....
For AP, I noticed that the addresses where to file are lockboxes and not NSC/TSC/CSC....why is everyone filing at NSC/TSC/CSC now.....
BharatPremi
10-01 01:17 AM
Yes I called postal service on Sept 29th and ask them the status they too have the same status. But they do opened a case for me and told me that some one will get back to me today evening. But no reply from them yet.
I'm assuming you are not using any lawyer services for this case. If that would be the case then I would call USCIS and referring the receipt number I would ask the representative what the probable action you may take in this scenario. If you already have lamawyer, certainly s/he can help you. Generally I believe there is nothing wrong in sending the second set to USCIS as it is merely the duplicate of first set of the docs and so you should not face any problem.
I'm assuming you are not using any lawyer services for this case. If that would be the case then I would call USCIS and referring the receipt number I would ask the representative what the probable action you may take in this scenario. If you already have lamawyer, certainly s/he can help you. Generally I believe there is nothing wrong in sending the second set to USCIS as it is merely the duplicate of first set of the docs and so you should not face any problem.
more...
Beemar
12-13 09:21 PM
Have you been drinking? Are you smoking ..umm.. you know... funny stuff?
Don't do anything stupid. There is always a way out of every mess the life throws at you. I have been in bigger mess than you, and I can out successfully, scarred and brutalized of course, but I survived to fight another day. Trust me on this..
More later..
Dear IV,
I'm sure you will help me on this one. I've to be patience , as it's a weekend.
It's a like sick feeling, in other words feeling like escaping from regular human life....I had enough is enough, going through, lay-offs, health issues and what not....I don't want anyone to go through this.
Have a good weekend guys!
Don't do anything stupid. There is always a way out of every mess the life throws at you. I have been in bigger mess than you, and I can out successfully, scarred and brutalized of course, but I survived to fight another day. Trust me on this..
More later..
Dear IV,
I'm sure you will help me on this one. I've to be patience , as it's a weekend.
It's a like sick feeling, in other words feeling like escaping from regular human life....I had enough is enough, going through, lay-offs, health issues and what not....I don't want anyone to go through this.
Have a good weekend guys!
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sivananda
03-26 05:00 PM
since you have applied for 140..and all.. u have shown intent to immigrate..
and F1 is a non-immigrant visa.. so i am not sure if the change over will be smooth...
but ask around..
Thanks pointlesswait. That sounds a bit scary.
How will they know that my I-140 is approved?
Others also, please feel free to clarify reg. my situation. Thanks.
and F1 is a non-immigrant visa.. so i am not sure if the change over will be smooth...
but ask around..
Thanks pointlesswait. That sounds a bit scary.
How will they know that my I-140 is approved?
Others also, please feel free to clarify reg. my situation. Thanks.
more...
lvinaykumar
07-16 10:56 AM
interesting thought...
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waitingonlc
10-10 03:51 PM
My wife applied for both H-1B and EAD and got EAD approved first then H-1B.We applied for SSN based on EAD and got the SSN.She is planning to work on H-1B will there be any issues? She did not used EAD/H-1B either so far.
Please advise
Please advise
more...
dassumi
09-16 12:13 PM
Could these be issues with two systems? Knowing USCIS that will not come as a surprise. I got an update on the USCIS website stating that the post office returned some I-485 correspondence they sent to me. I found out through my attorney that this message was in error. They have not changed this message for years now.
Look at the glass as half full - you are already current - it could be that the system has not updated your I-485 information while the CPO message is accurate.:)
Look at the glass as half full - you are already current - it could be that the system has not updated your I-485 information while the CPO message is accurate.:)
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kumar1
07-19 09:18 AM
Can you use your EAD to change your job after 180 days or 180 BUSINESS days?
Murthy Ji -
I work for Company A, My wife works for Company B, Company B laid off my wife but company A hired her, she did not get paid for 6 years, her H1 is in 7th year, I am in my 12th year of H-1. I want to start my own business and I want to join MBA, can I give my H1 to my wife and then pick up someone else's F-1? Can I work in Canada on EAD? Can I go to Florida and enjoy Disneyland on EAD? I have heard in Florida EAD is not applicable.
guys..........I am sick and tired of collecting documents to I am doing some BS here......never mind.
Murthy Ji -
I work for Company A, My wife works for Company B, Company B laid off my wife but company A hired her, she did not get paid for 6 years, her H1 is in 7th year, I am in my 12th year of H-1. I want to start my own business and I want to join MBA, can I give my H1 to my wife and then pick up someone else's F-1? Can I work in Canada on EAD? Can I go to Florida and enjoy Disneyland on EAD? I have heard in Florida EAD is not applicable.
guys..........I am sick and tired of collecting documents to I am doing some BS here......never mind.
more...
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immig4me
11-16 12:04 PM
I think we need to pull back on to the right track, this thread was to focus on the radio show and its probable influence on the community going forward.
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antihero
03-02 11:42 AM
No I am not.
The process for hiring an H1 worker (i.e. a temporary worker) and a permanent immigrant worker is very similar. In both the cases employer has to put up ads in the local newspapers advertiseing the vacancy first. If no suitable candidate is available within a stipulated timeframe, then the deptt of labor permits the employer to hire a foreign worker through an LCA (in the case of H1B) or a labor certification (in the case of GC).
H1 transfers are exempt from the advertisement requirement I believe. But new H1 which brings a foreigner surely has to go thru this process.
It seems that you are confusing LCA (for H-1B) with labor certification (for green card).
Labor Certification Application Link (http://www.lca.doleta.gov/h1bcl_nw.pdf)
The process for hiring an H1 worker (i.e. a temporary worker) and a permanent immigrant worker is very similar. In both the cases employer has to put up ads in the local newspapers advertiseing the vacancy first. If no suitable candidate is available within a stipulated timeframe, then the deptt of labor permits the employer to hire a foreign worker through an LCA (in the case of H1B) or a labor certification (in the case of GC).
H1 transfers are exempt from the advertisement requirement I believe. But new H1 which brings a foreigner surely has to go thru this process.
It seems that you are confusing LCA (for H-1B) with labor certification (for green card).
Labor Certification Application Link (http://www.lca.doleta.gov/h1bcl_nw.pdf)
more...
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anilsal
07-20 11:08 PM
Please do not ask questions about your case. On this thread, provide your filing date and approval date etc.
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vivache
02-21 03:42 PM
Case dated Feb 21 2007:
My wife is in the US on a h4.
She will be getting her h1 processed for a new job as a dentist.
H1 will be applied for in April first week.
Her H4 expires May 1st week and my company will get it extended since she's still a dependent.
Her lawyer tells her that once her h1 comes through she will need to go back to India and get it stamped if she needs to work in the US.
My question to the forum was whether she needed to go back to India and get the stamping since there were lot of folks who apparently did not need something like this.
I've got clarity on this issue from a lawyer and am posting it.
Answer from lawyer
Your view is correct that in cases where one transitions from one status to another, there is no need to leave country and get the visa stamped. However, right now your wife�s status is due to expire on May x, 2007 and the new H1B status will begin on October 1, 2007. Because of the gap between May and October, I cannot request her H1B to be issued as a CHANGE OF STATUS from H4 to H1B but rather as a new petition with the visa to be picked up at a US Embassy outside the US.
H1B petition can be filed as:
New petition,
Change of status from one valid status to another (for those already in the US), or
Change of employer from one valid H1B to another H1B.
Extensions
On April 2, 2007, when I file your wife�s petition, unless she is in valid status that I can show to USCIS which is valid at least until October 1 2007, I cannot request a Change of Status for her. If on April 2 you have a receipt notice for a pending extension, I can try to request a Change of Status but I cannot guarantee that USCIS will issue it that way.
If they do not approve it as a Change of Status, her approval notice will be issued without an I-94 and so she cannot transition from H4 to H1B.
My wife is in the US on a h4.
She will be getting her h1 processed for a new job as a dentist.
H1 will be applied for in April first week.
Her H4 expires May 1st week and my company will get it extended since she's still a dependent.
Her lawyer tells her that once her h1 comes through she will need to go back to India and get it stamped if she needs to work in the US.
My question to the forum was whether she needed to go back to India and get the stamping since there were lot of folks who apparently did not need something like this.
I've got clarity on this issue from a lawyer and am posting it.
Answer from lawyer
Your view is correct that in cases where one transitions from one status to another, there is no need to leave country and get the visa stamped. However, right now your wife�s status is due to expire on May x, 2007 and the new H1B status will begin on October 1, 2007. Because of the gap between May and October, I cannot request her H1B to be issued as a CHANGE OF STATUS from H4 to H1B but rather as a new petition with the visa to be picked up at a US Embassy outside the US.
H1B petition can be filed as:
New petition,
Change of status from one valid status to another (for those already in the US), or
Change of employer from one valid H1B to another H1B.
Extensions
On April 2, 2007, when I file your wife�s petition, unless she is in valid status that I can show to USCIS which is valid at least until October 1 2007, I cannot request a Change of Status for her. If on April 2 you have a receipt notice for a pending extension, I can try to request a Change of Status but I cannot guarantee that USCIS will issue it that way.
If they do not approve it as a Change of Status, her approval notice will be issued without an I-94 and so she cannot transition from H4 to H1B.
more...
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gcwanter
09-21 10:42 AM
my 140 is yet to be amended.
as usual i am stuck between employer and lawyer and dont know where they are in the process of deciding to amend
there are many corporate changes happening...i am checking with them..but they have not responded yet.
please let us know what your lawyer says.
as usual i am stuck between employer and lawyer and dont know where they are in the process of deciding to amend
there are many corporate changes happening...i am checking with them..but they have not responded yet.
please let us know what your lawyer says.
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gc_dede_baba
08-11 07:50 PM
I am trying to find an answer for a simple question(considering that many peole would have done that).
My wife is on H4 and has a valid EAD(never used).
Now she wants to start up a web site and earn money from that.
She'll develop the web site and make it live and generate revenue. There are no employees and no salary. Does it even make sense or I am missing everything?
What needs to be done to make sure that this is done legally.
Does she need to start an LLC or LLP?
If yes, how can she declare that she is using her EAD and she is no more on H4?
Please help!
My wife is on H4 and has a valid EAD(never used).
Now she wants to start up a web site and earn money from that.
She'll develop the web site and make it live and generate revenue. There are no employees and no salary. Does it even make sense or I am missing everything?
What needs to be done to make sure that this is done legally.
Does she need to start an LLC or LLP?
If yes, how can she declare that she is using her EAD and she is no more on H4?
Please help!
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edaltsis
05-06 12:43 AM
If you started working for the so called desi consulting company then your legal status will be H1B with that company. You are legal to work just on the receipt notice and this is of no problem with USCIS. I worked this way for 2 different companies just on receipt notices.
ramus
07-07 11:28 AM
anybody from NC would like to go and meet our senator..
Please PM me.. We will see how many members like to go and then we can proceed further. Thanks.
Please PM me.. We will see how many members like to go and then we can proceed further. Thanks.
starfish
12-09 05:34 PM
i just received my Green Card in the mail and it looks good (name, exp date etc) although I am still not sure if I can be at peace. The online status is still RFE for my case and my attorney hasn't yet received any RFE details.
It is good to know that the wrong PD might not be a reason for an RFE. My attorney mentioned that sometimes the USCIS contractors might enter a wrong status by mistake and the online status is not a guarantee (but rather a courtesy). However even in this case I am not sure how I can be at peace with the online RFE status and go ahead with my travel plans?
It is good to know that the wrong PD might not be a reason for an RFE. My attorney mentioned that sometimes the USCIS contractors might enter a wrong status by mistake and the online status is not a guarantee (but rather a courtesy). However even in this case I am not sure how I can be at peace with the online RFE status and go ahead with my travel plans?
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