kisana
08-15 11:07 AM
I am currently working for compnay A. I got selected for company B. They already started my H1B transfer. But some how I got in troouble in one offense. I already told my company about this offense, they are saying they will be able to support me on the employment point of view. I have fear in my my that if something goes wrong I may not be able to join that company.
I am curretly thinking to deny the offer. Compnay B is okay with that, only they are saying that they have to back out the paperworks i.e. probably cancel H1B transfer. Is is going to create any problem for me as my current employ is also ready to start my H1B renewal. Also I have EAD with me, is there going to be any problem for GC.
I am curretly thinking to deny the offer. Compnay B is okay with that, only they are saying that they have to back out the paperworks i.e. probably cancel H1B transfer. Is is going to create any problem for me as my current employ is also ready to start my H1B renewal. Also I have EAD with me, is there going to be any problem for GC.
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pd_recapturing
06-17 09:35 PM
If I am able to get the PD ported from EB3 to EB2, it will be May 2004 other wise, it will remain May 2004 for EB3. but, at the same time, I am not very sure that PD will be ported successfully, though, in my company, whoever has applied PD porting has got it ported. Is it worth taking the risk ?
bigboy007
11-10 10:35 AM
only option lobbying and fix in congress... if we are worried take a 1/2 hr time off every month meet the lawmaker and seek his/her help.
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thomachan72
03-18 01:48 PM
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
regarding response #2:- If the approved H1b (from Oct 08 to March 09) was already subject to cap, could you claim for a 3 year new H1b?
The reason I was asking is because recently this application to consider this as a new H1b for 3 years was rejected and instead only one year (recapture time for year abroad) was issued.
more...
narentilwani
03-05 02:04 PM
I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
3) EAD valid till October 2010
4) H1-B valid till October 2010
5) PD: Feb 2007
However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:
1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time
2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles
I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:
1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before
2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?
3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?
4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)
Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)
vallabhu
08-26 02:49 PM
Hi snathan, I cannot do premium processing on denied I140 or refiled I140.
Hi clear485,
I showed this to my attorney and he says they dod not say that applicant will loose ability to extend H1 with a refiled I140.
Hi clear485,
I showed this to my attorney and he says they dod not say that applicant will loose ability to extend H1 with a refiled I140.
more...
FredG
April 8th, 2004, 07:07 AM
I'll have a go at cloning out the twigs later, it looks a bit difficult but it could be fun trying.Cloning sometimes leaves weird patterns. I've had luck putting a loose selection around the cloned area with a big feathered edge, then applying a gaussian blur. It helps "clean up" my new background. The trick is to have a seemless blend between the cloned and the original untouched areas.
Fred
Fred
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lax999
12-13 12:51 PM
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
more...
sd1020
02-26 02:11 PM
I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?
Thank you very much.
Thank you very much.
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rolrblade
08-20 10:16 AM
I remember reading if you travel outside the country while your AP is pending, it will be considered abandoned and you may not receive approval or any refund.
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
Check with your attorney
This is unfortunately a little incorrect advise. H1B is a dual intent visa, which means it can be held TOGETHER with your AOS or 485.
As long as you use your H1B to travel, you are fine.
Have a good trip
more...
golmalreturn
01-14 11:46 AM
Hello,
I am Dec 02/EB3/India candidate. Currently using EAD/AP to work. No H1b visa.
My current project � SAP PI implementation requires me to travel to London / Ontario, Canada, on a weekly basis. This is going to be for few months at least. Employer is in US, major work place will be US, still working with original employer who filed GC; even residence is in US.
Has anyone travel more than once on AP?
Is that ok or there are risk factors?
Has anyone traveled on AP using car by road? How is experience compared to enter via airport?
Any help will be highly appreciated.
Thanks.
I am Dec 02/EB3/India candidate. Currently using EAD/AP to work. No H1b visa.
My current project � SAP PI implementation requires me to travel to London / Ontario, Canada, on a weekly basis. This is going to be for few months at least. Employer is in US, major work place will be US, still working with original employer who filed GC; even residence is in US.
Has anyone travel more than once on AP?
Is that ok or there are risk factors?
Has anyone traveled on AP using car by road? How is experience compared to enter via airport?
Any help will be highly appreciated.
Thanks.
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newuser
10-07 03:52 PM
Thanks for the info.
Any info if the last name is not the same of that my uncle's.
Any info if the last name is not the same of that my uncle's.
more...
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tw00ne
06-26 12:13 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
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vghc
07-20 11:31 PM
Msians will be issued a visa the the point of entry. Commonwealth country thingy.
Spoken to my attorney and she says its no problem getting back into the US with a AP.
I use AP last year with no issues while going back to Msia for a visit. I guess i am paranoid about dealing with US immigration.
Spoken to my attorney and she says its no problem getting back into the US with a AP.
I use AP last year with no issues while going back to Msia for a visit. I guess i am paranoid about dealing with US immigration.
more...
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k_confused
10-03 05:17 PM
Dear All,
I am leaving for India to get married in November. I haven't got my 485 receipt as yet nor have I got my H1-B transfer approval. I expedited my H1-B to premium processing and expect a reply soon.
I leave for India in the first week of November. Now what would happen if I get my finger printing appointment and I am in India?? Can i postpone it?
Thanks
I am leaving for India to get married in November. I haven't got my 485 receipt as yet nor have I got my H1-B transfer approval. I expedited my H1-B to premium processing and expect a reply soon.
I leave for India in the first week of November. Now what would happen if I get my finger printing appointment and I am in India?? Can i postpone it?
Thanks
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rabbitboy33
03-12 07:00 AM
Any responses? Anyone?
more...
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zdash
10-26 02:29 PM
In September 2001, I came here on visitor visa with my mother and resided here till today (I was 15). I went through 4 yrs of high school, got my GED followed by an associate degree from community college and now I'm an undergrad student pursuing my bachelor degree; will graduate in a year. Meanwhile, my mother became a U.S. citizen through marriage when I was a sophomore in college, simultaneously my I-130 was approved and now waiting for the visa availability; the priority date: Dec 08, 2006, F1.
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
Problem is that I turned 21 on October 13, 2006 right passed the time criterion for the Child Status Protection Act which technically makes me "aged-out" by about 2 months (filing date being DEC06), so I think that I am not be qualified as an immediate relative.
Currently, the visa availability date is at 15FEB06 which is getting close to DEC06.
Few months ago, I received a letter from NVC requesting DS-3032 and I-864 forms which I've filled out and sent to them but I regarded the fact that I live in the United States on an overstayed visa!!! I should have sent them a notice to adjust my status instead of paying the $70 and $400 fees that I already paid, apparently. I am not leaving the country to interview overseas with the NVC because that would put me in a 10 year ban obviously, I also do not understand how I can adjust my status with the USCIS once the priority date becomes current when I do not have a status as of now! So, I might've done all these for nothing. I've talked to some lawyers on the phone but they have completely shut my hopes down (maybe because I haven't paid them?). I do not have the money to pay for an expensive lawyer because all my funds can barely afford my college.
On top of everything, DREAM act just got rejected from the congress as I'm getting ready to graduate from college. I have no idea what to do.
With my college degree and knowledge that I have acquired over the years, I believe that I am an inevitable asset to this country but I am deeply saddened by the fact that American Dream is not becoming a reality for me. I know I can do more for the world but I'm immobilized by the system which I don't see any loopholes to at this point. I understand the views of the Republicans but I really wish that they can give one more look at the DREAM act. We do not intentionally break the law. I would actually be a law-abiding and a model citizen if I ever become one.
Anyhow, I lost all my hopes and dream in this country at this point in time, that I think the only/best way is to move back to where I am from immediately upon graduation.
If there is any hope, your help/advice/inputs will be greatly appreciated!
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perm2gc
06-28 01:07 AM
A friend's H1B transfer from company A to company B was denied. Since his H1B with company A is still valid and is going to expire in 3 months, he can still go back to work for company A. However, if he chooses not to work for company A and tries to find a third employer to do another transfer, is he considered out of status for these three months?
yes.
yes.
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~Kipper~
04-17 06:11 PM
and what stamp costs $0.00?
whos to say it has to cost something - its the kirupa way
+ i prefer nice n simple. its less complcated :)
each to their own i guess but thanks for your input
whos to say it has to cost something - its the kirupa way
+ i prefer nice n simple. its less complcated :)
each to their own i guess but thanks for your input
drak70
03-06 01:36 PM
I thought FNU meant First name Unknown
used onlu when you have a single name
Lastly you can alsways go toa court and officialy add your surname to hers legally
used onlu when you have a single name
Lastly you can alsways go toa court and officialy add your surname to hers legally
senk1s
11-06 09:46 AM
here is what uscis says about lud
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message
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