RadioactveChimp
04-08 02:12 AM
hey thanks....especially from the "pixel-guru" himself ;)
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roseball
08-25 06:36 PM
My Permanent residency is being processed thru Employer A (I-140 not done yet).
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
learning01
04-06 01:12 PM
Else where in IV (http://immigrationvoice.org/forum/showpost.php?p=7026&postcount=172), I posted that the core bill under consideration is Specter S.Amdt 3192, which has already amended Specter's S.2454. So, the Hagel-Martinez 3 core provisions will be added to S.Amdt 3192.
But what about the discussion of other 228 amendments now cloture has passed and discussion and voting allowed on these.
But what about the discussion of other 228 amendments now cloture has passed and discussion and voting allowed on these.
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immigrationvoice1
02-25 10:36 AM
I do not have the URL to the USCIS document but know for sure that this requirement has been discontinued from Nov 2007.
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pady
01-08 02:56 PM
No, It is now ROW, I am from India EB2. But as I said, they didn't make any decision. They still want to review the file and will get back to me in 120 days.
phillyag
05-19 03:10 PM
Yates memo dated May 12, 2005 - is it still valid and has there been any change to it since its out ?
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
I want to specifically focus on the following question:
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. Third, as with any portability case, USCIS will focus on whether the I-140 petition represented the truly intended employment at the time of the filing of both the I-140 and the I-485. This means that, as of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Does this still hold good ? And if it does can someone help me understand the criteria mentioned here. Too much of technical jargon
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bigboy007
10-09 02:37 AM
Sorry..I have incorrectly named the thread..it suppose to read this way- "Changed Employer (but not informed USCIS), travelling on AP" .
A couple of points : 485 is your property. Its a grey area whether to inform USCIS or not, some advocate it as its a proof and file AC21 and some have different opinion its a personal choice. Regarding using AP I myself dont see an issue. Rest of all are supporting dox. Nice to have supporting documents.
Informing USCIS is nothing but officially filing AC21. Since there are no forms its just a letter indicating AC21.
A couple of points : 485 is your property. Its a grey area whether to inform USCIS or not, some advocate it as its a proof and file AC21 and some have different opinion its a personal choice. Regarding using AP I myself dont see an issue. Rest of all are supporting dox. Nice to have supporting documents.
Informing USCIS is nothing but officially filing AC21. Since there are no forms its just a letter indicating AC21.
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vijaysammeta
03-21 09:09 AM
How did you get to the confirmation page without the photograph being uploaded. I cannot seem to get past the photopage and it keeps throwing an application error. Which website are you using to fill in teh DS160? Thanks for a response.
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willIWill
01-12 03:11 PM
Andrew,
I believe you should be okay if you were not employed during that period. Remember the green card is for future employment.
But for the best advice check with an Attorney before you proceed to the interview and be prepared for questions regarding the gap.
Hope all works out for you.
I believe you should be okay if you were not employed during that period. Remember the green card is for future employment.
But for the best advice check with an Attorney before you proceed to the interview and be prepared for questions regarding the gap.
Hope all works out for you.
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alejo6819
10-04 09:30 PM
We went there today, got done in 15 mins. Lots of parking space outside the office.
Thanks a lot for the info, bsnf.
The office is on the left of Chastain Ave. right? I just wanted to be prepared. My appointment is in three weeks.
Thanks a lot for the info, bsnf.
The office is on the left of Chastain Ave. right? I just wanted to be prepared. My appointment is in three weeks.
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upuaut8
08-21 11:11 AM
Sorry, I got distracted with a couple other things. I'll look for the 3D creation I made. Thanks for the reminder
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sushant_s
08-25 09:19 PM
Hi All,
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
more...
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kpartha
03-25 09:24 AM
'Saw Fareed Zakaria mention the topic in GPS on Sunday.
Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.
Smart ones are picking up - hopefully things will change over time.
Dude,
AC360 is Andersen Cooper 360
Matt Frei questioned Eric Schmidt in BBC world news America yesterday. he responded it being one of the most stupid laws this country has ever had.
Smart ones are picking up - hopefully things will change over time.
Dude,
AC360 is Andersen Cooper 360
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kart2007
06-02 06:43 PM
Hey I got the same status update for my wife and me today. I think it means we can expect an interview or be called for FP soon. Any more info would be useful.
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sss9i
03-23 11:53 PM
Any suggestions!!!
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apriti
10-04 12:11 PM
Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
more...
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kk_kk
07-08 04:39 PM
I changed my job and moved more then 180+ miles away. I have not received any RFE. I infact changed the address twice.
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crazyghoda
02-13 03:08 PM
I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.
Has anyone else noticed something similar when you started with a new employer using eVerify?
Has anyone else noticed something similar when you started with a new employer using eVerify?
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pappu
02-27 01:35 PM
welcome new member naveenarjun ! Dont count on it, else you will be disappointed every month. Only an Immigration bill can help us.
[Legoman]
08-28 05:35 PM
not used swift 3d much, and I don't have it on this computer to check, but can't you go to the extrusion editor and do file/import. Go back to the main viewing area and it should be what you're looking for....maybe...
hojo
10-20 02:15 PM
whoa.
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