krazyran
04-20 11:57 AM
Maybe i am the one not understanding, but after my I-140 is approved and i get a copy of the I-140 and the approved labor and also the 3 year extension and suppose i get the extension stamped on my passport, can i then transfer my H1 to another company, even though i have completed my 6 years and i only got a 3 year extension because of my pending green card?
from the posts i think you guys have answered to my other questions of using the priority date of my old I-140.
Thanks guys.
from the posts i think you guys have answered to my other questions of using the priority date of my old I-140.
Thanks guys.
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smsthss
07-18 02:50 PM
what is your situation gemini??? and what r u plannin to do??
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10-06 10:47 AM
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gps001
12-26 03:54 PM
Hi,
Can you give me some suggestion on good hotels which are within 1KM from the US Consulate Chennai?
Thanks.
Can you give me some suggestion on good hotels which are within 1KM from the US Consulate Chennai?
Thanks.
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japs19
02-26 11:53 AM
Regardless of one using AC21 or not, CBP officer can ask the same question and harass if they want. There is no law to begin with that defines that you have to be working for the petitioner when one is filing for AOS or any stage of GC process. GC based on employment is for "future" employment.
Ethically it makes sense to work for the employer who you will be working on a "long" term project and who wants you to get permanent residency. There is no agreement or obligation that restricts employee to reject the employment in the future or employee to not return and that in eyes of CBP officers is a FRAUD.
I have read blogs where people write that they were told to sit for 2-3 hours before they returned the stamped document and same question was asked them and it took them 2-3 hours to figure out whether to let those guys in or deport them.
On the positive note, they can not deport you because you are not working for the original petitioner.
Good luck.
Dear japs19,
If one were to port using AC21 and inform USCIS about the change, why would they still harass?
Did you change employers under AC21 (485) and/or did notify USCIS?
I very much appreciate your insight
Thank you & Regards
when
Ethically it makes sense to work for the employer who you will be working on a "long" term project and who wants you to get permanent residency. There is no agreement or obligation that restricts employee to reject the employment in the future or employee to not return and that in eyes of CBP officers is a FRAUD.
I have read blogs where people write that they were told to sit for 2-3 hours before they returned the stamped document and same question was asked them and it took them 2-3 hours to figure out whether to let those guys in or deport them.
On the positive note, they can not deport you because you are not working for the original petitioner.
Good luck.
Dear japs19,
If one were to port using AC21 and inform USCIS about the change, why would they still harass?
Did you change employers under AC21 (485) and/or did notify USCIS?
I very much appreciate your insight
Thank you & Regards
when
tinamatthew
07-18 03:43 PM
I am on H1B and my wife is on H4 visa. When we apply for EAD & AP for both us, do I need to tell my employer that I would like to work on EAD? or Could I continue working on H1B and also have EAD. I know the advantages of having EAD.
Yes you can continue to work on H1B and hold the EAD. If you want to work on your EAD, then you must inform your employers
Yes you can continue to work on H1B and hold the EAD. If you want to work on your EAD, then you must inform your employers
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sumansk
07-11 01:14 PM
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h1bdude1
05-27 05:35 PM
I signed a contract with them last year ( May 2008) which says that i have to stay with company for one year. and after that i need to give them 2 weeks notice before leaving otherwise need to pay them 15,000 dollars. does that contract still valid??
I am not sure, they gonna pay me my salary once they know i am leaving them. They always delay salary as much as they can. maybe in my case they will make some excuse and will not pay me. Let See.....what will happen.
h1bdude1
I am not sure, they gonna pay me my salary once they know i am leaving them. They always delay salary as much as they can. maybe in my case they will make some excuse and will not pay me. Let See.....what will happen.
h1bdude1
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pappu
12-18 09:20 AM
Thanks for all your responses.
I will be travelling to INdia during the month march/april, get my passport stamped and then proceed in US for I-140 & H1-B extension.
Are there any risks involved here? My current H1-B expires in August 2007.
Thanks
sri
tough to tell if there are any risks. Nobody can guarantee H1B visa stamp even if you have USCIS approval. Embassies have the power to overrule approval decisions. However if you are working for a legit company, your educational qualifications match the job requirements and are being paid salary as per your prevaling wage then you should be ok.
After you come back you have to pay a lot of money to your lawyer-- 140, h1b extn... :(
I will be travelling to INdia during the month march/april, get my passport stamped and then proceed in US for I-140 & H1-B extension.
Are there any risks involved here? My current H1-B expires in August 2007.
Thanks
sri
tough to tell if there are any risks. Nobody can guarantee H1B visa stamp even if you have USCIS approval. Embassies have the power to overrule approval decisions. However if you are working for a legit company, your educational qualifications match the job requirements and are being paid salary as per your prevaling wage then you should be ok.
After you come back you have to pay a lot of money to your lawyer-- 140, h1b extn... :(
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09-16 04:08 PM
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greencard_fever
08-15 07:37 PM
Just take an Infopass appointment ..
How to take an Info PASS? I want to take one..do i have to take one each for me and my wife or we can go in one appointment?:confused::confused:
How to take an Info PASS? I want to take one..do i have to take one each for me and my wife or we can go in one appointment?:confused::confused:
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nashorn
12-16 12:14 PM
The probelem is he was not paid enough in the previous years. Showing the paystubs of those years can have potitial negtive effect. I would not show them.
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smsthss
07-18 02:42 PM
and more over my I-140 approval is expected in Aug. So when the time comes for H1 renewal, i can juz apply for EAD and by then I-140 would have been approved..positively thinking. I would like you to find a fault in this thinking..
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morchu
05-15 12:28 PM
Might be difficult to show it as a "permanent job".
Check the options of being self-employed (or start your own company) with a contract commitment from them. Basically you claim "a permanent self-employment or permanent job at your own company" and legitimacy of it is claimed by "long term contract commitment documents" from state.
Check the options of being self-employed (or start your own company) with a contract commitment from them. Basically you claim "a permanent self-employment or permanent job at your own company" and legitimacy of it is claimed by "long term contract commitment documents" from state.
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Tjack
03-31 06:04 PM
We don't know what USCIS is doing these days. I heard something weird scenario with one of my friend's case. He got a NOID asking for ability to the pay of the Petitioner. But my friend already left the petitioner company and joined other, using AC21. Later his petitioner company went out of business. The same thing his attorney replied to the NOID and to my surprise, last week USCIS sent a notice canceling his I140, stating that his petitioner is no longer in business. This is totally weird and unfair.
Guys... i have the exact same problem. Moved to new company and filed AC21. Got Notice of Intent to Revoke on i140 because older petitioner company went out of business (it was still in business when i moved). Lawyer replied to it but i140 was revoked and i485 was also denied after a week of i140 revocation by USCIS. Can you tell me how your friend handled this. It would help me a lot....
Guys... i have the exact same problem. Moved to new company and filed AC21. Got Notice of Intent to Revoke on i140 because older petitioner company went out of business (it was still in business when i moved). Lawyer replied to it but i140 was revoked and i485 was also denied after a week of i140 revocation by USCIS. Can you tell me how your friend handled this. It would help me a lot....
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desi3933
03-16 11:47 AM
Guys,
Thanks in advance for urgent advice for my bro..
His employer of 5 people if filing a H1 and the lawyer document says some fees can be paid by the beneficiary. I never heard that a beneficiary must pay. Please advise on the 2 points below..Do you guys think this is OK. Other fees are listed as to be paid by employer.
1. Filing fees for the H-1B are $320.00. This fee may be paid by petitioner (employer) or beneficiary (employee). Please note, if the beneficiary is paying this fee, please let our office know as adjustments to the H-1B petition will be required
2. A new Fraud Prevention and Detection Fee of $500.00 may be paid by petitioner (employer) or beneficiary (employee) seeking a beneficiary’s (employee’s) initial grant of H-1B classification or those petitioners seeking to change a beneficiary’s employer within those classifications. The only petitioners exempt from paying this fee are those that seek to amend or extend the stay of the beneficiary. This new $500.00 fee applies to petitions filed with the USCIS on or after March 8, 2005.
http://www.dol.gov/esa/whd/FLSAEmployeeCard/H1BEnglish.pdf
http://www.dol.gov/esa/whd/regs/compliance/FactSheet62/whdfs62A.pdf
.
Thanks in advance for urgent advice for my bro..
His employer of 5 people if filing a H1 and the lawyer document says some fees can be paid by the beneficiary. I never heard that a beneficiary must pay. Please advise on the 2 points below..Do you guys think this is OK. Other fees are listed as to be paid by employer.
1. Filing fees for the H-1B are $320.00. This fee may be paid by petitioner (employer) or beneficiary (employee). Please note, if the beneficiary is paying this fee, please let our office know as adjustments to the H-1B petition will be required
2. A new Fraud Prevention and Detection Fee of $500.00 may be paid by petitioner (employer) or beneficiary (employee) seeking a beneficiary’s (employee’s) initial grant of H-1B classification or those petitioners seeking to change a beneficiary’s employer within those classifications. The only petitioners exempt from paying this fee are those that seek to amend or extend the stay of the beneficiary. This new $500.00 fee applies to petitions filed with the USCIS on or after March 8, 2005.
http://www.dol.gov/esa/whd/FLSAEmployeeCard/H1BEnglish.pdf
http://www.dol.gov/esa/whd/regs/compliance/FactSheet62/whdfs62A.pdf
.
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msp1976
03-08 06:09 AM
Please refer to this thread...Some 3-4 good articles...
http://immigrationvoice.org/forum/showthread.php?t=3386
http://immigrationvoice.org/forum/showthread.php?t=3386
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04-08 03:35 AM
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yabadaba
01-25 01:48 PM
There is no finger printing for an EAD.
The finger printing is just for the 485.
As far as i know once you have an EAD you can use it right away, not having done your finger printing has no bearing on this.
fingerprinting is also for ead
I had my Code 3 biometrics in september 2007 ( i am a july 2nd filer) I had not applied for my ead at that time.. however, i did apply for it around the 180 day mark (after filing 485) and I got my Code 2 biometrics notice specifically for my EAD. I went and gave my index finger print, photograph and signature today for my EAD. I had done the entire set of 10 finger prints, photograph and signature, in september.
satyanair:
If you have an EAD card, it means it is approved. If you want to use it...go ahead and use it
The finger printing is just for the 485.
As far as i know once you have an EAD you can use it right away, not having done your finger printing has no bearing on this.
fingerprinting is also for ead
I had my Code 3 biometrics in september 2007 ( i am a july 2nd filer) I had not applied for my ead at that time.. however, i did apply for it around the 180 day mark (after filing 485) and I got my Code 2 biometrics notice specifically for my EAD. I went and gave my index finger print, photograph and signature today for my EAD. I had done the entire set of 10 finger prints, photograph and signature, in september.
satyanair:
If you have an EAD card, it means it is approved. If you want to use it...go ahead and use it
smc
09-21 06:32 PM
Claudia is right, if this bill is being taken up next week, now is the time to do something about it.
komatireddy
11-01 09:48 AM
I am also in the similar situation... I got the same petition notice.... Can you please let me know if you resubmit your application? I am in the process of identifying what to do?
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