delhirocks
06-18 06:39 PM
Its just 2 weeks...relax at home or go for a vacation. I took a month off between changing jobs on H1 and everything was fine.
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willwin
06-19 01:38 PM
WHAT A STUPID QUESTION. HAWAII IS ONE OF 50 STATES IN US. LEARN SOME BASICS ABOUT US IF U LEAVE HERE. I LIVE IN HAWAII..SORRY BUT FEEL BAD WHEN I SEE THESE STUPID QUESTIONS AND SPECIALLY ON IMMIGRATION SITE
Are you saying that in order to have a H1 or GC one has to know the history and geography of this country? Insane!
It is purely about knowledge on something.
Forget about the USA, how much do we know about our own home country?
Are you saying that in order to have a H1 or GC one has to know the history and geography of this country? Insane!
It is purely about knowledge on something.
Forget about the USA, how much do we know about our own home country?
jonty_11
04-16 12:06 PM
Take a photocopy and return the original. Keep as many copies as you want. I dont think anyone else is going to ask for the original later on. Wipro usually asks for I797 to be returned. If the other employer is filing premium processing, then no problem. Did your friend file for transfer of H1? In that case bottom portion if his property.
better yet - scan it and keep a softcopy
better yet - scan it and keep a softcopy
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desi3933
06-18 12:32 PM
Can I apply for 2 140's (one from current employer and one from other employer) or apply 2 485's (one from current employer and one from other employer) ?
Can I ask withdraw one 140/485 ?
Only I-485 is allowed per person but the underlying I-140 can be changed or replaced by the beneficiary. One can have intent to work permanently for one employer but the employer can change down the line.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Can I ask withdraw one 140/485 ?
Only I-485 is allowed per person but the underlying I-140 can be changed or replaced by the beneficiary. One can have intent to work permanently for one employer but the employer can change down the line.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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coopheal
05-05 05:23 PM
My attorney specifically said we can't apply AP for a person when that person is abroad.
My attorney also said we can't mail an approved AP for a person when that person is abroad although the AP was applied while that person was in US.
Advance parole is an advance permission to travel. It needs to be obtained before your travel and one should return before it expires. Traveling first and then applying for permission to travel beats the intent.
Since you are planning in September, apply for an AP, get it approved and then travel. Money spent is like an insurance to avoid the headaches that follows if there are issues.
Thanks.
Yeah this is consistent with what I have found from other venues.
My attorney also said we can't mail an approved AP for a person when that person is abroad although the AP was applied while that person was in US.
Advance parole is an advance permission to travel. It needs to be obtained before your travel and one should return before it expires. Traveling first and then applying for permission to travel beats the intent.
Since you are planning in September, apply for an AP, get it approved and then travel. Money spent is like an insurance to avoid the headaches that follows if there are issues.
Thanks.
Yeah this is consistent with what I have found from other venues.
minimalistik
06-08 06:58 AM
thats pretty spectacular mlk ;)
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Kalloo dada
03-14 12:44 PM
How long it takes to get extension approval. I applied on 01/01/2007. still waiting.Please tell me if it is a normal time.
2010 A recent article in Foreign
GCBy3000
01-09 04:36 PM
Yes 100%. But do it if you have a valid reason. One valid reason is:
If you are within 6 years of H1b, then it is wise to invoke EAD and sail in it. if anything happens to 485, then switch back to H1 and extend it and sail with it. The main advantage with EAD is your spouse can work. Do not waste the H1 time if you have EAD and if you are within the 6year H1 window. Save if possible even couple of months in your 6 year term.
Yes only the primary application can invoke EAD - not the Dependent...Can gurus clarify?
If you are within 6 years of H1b, then it is wise to invoke EAD and sail in it. if anything happens to 485, then switch back to H1 and extend it and sail with it. The main advantage with EAD is your spouse can work. Do not waste the H1 time if you have EAD and if you are within the 6year H1 window. Save if possible even couple of months in your 6 year term.
Yes only the primary application can invoke EAD - not the Dependent...Can gurus clarify?
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solaris27
07-16 12:38 PM
just wait and wait and wait and wait
just wait and wait and wait and wait
just wait and wait and wait and wait
just wait and wait and wait and wait
just wait and wait and wait and wait
just wait and wait and wait and wait
just wait and wait and wait and wait
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jayleno
07-18 10:16 AM
It could be the other way around. The new people try to look it up and they may come across the new guidelines. They may actually prove better than the old guys who assume they are the gurus in Immigration and they dont have to look anything up.
If you are using AC21 then we have to be very very careful because chances of getting RFE or denial is high.
Also it means be prepared for a long fight. Because we know how govt. agencies work especially USCIS.
If you are using AC21 then we have to be very very careful because chances of getting RFE or denial is high.
Also it means be prepared for a long fight. Because we know how govt. agencies work especially USCIS.
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HV000
01-22 01:02 PM
read throughthis....
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 5 answers that Wage diff may not be used to deny a ported 140 (job change after 485) but an officer may use it if its substantially different...So basically you are left at the mercy of one person - the USCIS adjudicator...Isnt that surprising...
Somehow the imbeciles at USCIS have forgotten that pay will increase based on prior experience and performances!! They have forgotten the concept of "EXPERIENCE". There should be NO upper salary limit beyond the prevailing wage for adjucating AC21 - I-485 based on salary provided the job has same or similar duties!
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Question 5 answers that Wage diff may not be used to deny a ported 140 (job change after 485) but an officer may use it if its substantially different...So basically you are left at the mercy of one person - the USCIS adjudicator...Isnt that surprising...
Somehow the imbeciles at USCIS have forgotten that pay will increase based on prior experience and performances!! They have forgotten the concept of "EXPERIENCE". There should be NO upper salary limit beyond the prevailing wage for adjucating AC21 - I-485 based on salary provided the job has same or similar duties!
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bkshres
11-06 10:33 AM
Thanks a lot everyone. I will try to convince my new company one more time and will update further on this matter.
Please provide any further feedback if you have.
Thanks,
BK
Please provide any further feedback if you have.
Thanks,
BK
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krishmunn
05-06 02:36 PM
You need to have better understanding of immigration laws. Until you get that, don't spread false information.
Read this twice and understand -
MurthyDotCom : Immigration Rumor : New Visas NOT Required for H1B Employer Change (http://www.murthy.com/news/n_immrum.html)
________________
Not a legal advice.
Thanks! Thsi makes it very clear --
(from Murthy site)
"Even though the visa stamp will contain the name of the prior H1B employer, it may be used at the time of entering the United States with the H1B petition approval of the subsequent H1B employer / sponsor, as long as the H1B employee is eligible for entry in H1B status. The important thing to remember here is to request that the POE Inspector stamp the I-94 card valid until the date of the H1B approval notice with the present employer and not the earlier visa validity date stamped in the passport with the earlier employer."
Read this twice and understand -
MurthyDotCom : Immigration Rumor : New Visas NOT Required for H1B Employer Change (http://www.murthy.com/news/n_immrum.html)
________________
Not a legal advice.
Thanks! Thsi makes it very clear --
(from Murthy site)
"Even though the visa stamp will contain the name of the prior H1B employer, it may be used at the time of entering the United States with the H1B petition approval of the subsequent H1B employer / sponsor, as long as the H1B employee is eligible for entry in H1B status. The important thing to remember here is to request that the POE Inspector stamp the I-94 card valid until the date of the H1B approval notice with the present employer and not the earlier visa validity date stamped in the passport with the earlier employer."
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tulips
10-17 03:47 PM
Thanks ramaonline.
Yeah, he included me in the application and even I used AP earlier before getting my H1B visa stamp. His AP expires in early Dec and he would like to visit us in Christmas break. So do you think he can still apply for AP? Can that trigger RFEs since he is not in country. I assume if he comes in on H4 then GC application is considered abandoned. Not sure what happens to our current application. Is h4 the way to go then?
Yeah, he included me in the application and even I used AP earlier before getting my H1B visa stamp. His AP expires in early Dec and he would like to visit us in Christmas break. So do you think he can still apply for AP? Can that trigger RFEs since he is not in country. I assume if he comes in on H4 then GC application is considered abandoned. Not sure what happens to our current application. Is h4 the way to go then?
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GCcomesoon
09-12 09:55 AM
Hi
Thanks for the clarification, that makes sense.Now that EB3 is pushed back all the way to April 2001 , then one would ask how come cases from 2002-2003 which were processed approved in this year ( june - july when all were current ? ) If that holds true then why have the dates gone back to 2001 when 2003 -2004 cases have been cleared ? May be this demand-supply thing
Please clarify , that would help:
Thanks
GCcomesoon
Thanks for the clarification, that makes sense.Now that EB3 is pushed back all the way to April 2001 , then one would ask how come cases from 2002-2003 which were processed approved in this year ( june - july when all were current ? ) If that holds true then why have the dates gone back to 2001 when 2003 -2004 cases have been cleared ? May be this demand-supply thing
Please clarify , that would help:
Thanks
GCcomesoon
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jnraajan
03-18 11:52 AM
No point fasting or rallying for a drivers-license or for a couple of hundred bucks stimulus package.
If its for admin-fixes I am in:
- recapture
- increased quotas.
etc.
worst case if we are going to be stuck in retrogression hell, then I atleast want to fight for 3 year EAD/AP.
Well, my suggestion was not just for DL or Stimulus package. But put together a list of fixes we would like. As good as the letter campaign is, I believe strongly, it is time that we let the media do some coverage on our issues. This, I thought would give some coverage for the hardships we are facing.
But, like walking_dude mentioned, if we dont get enough interest from people, it is not going to work. But, like jthomas mentioned, we need to keep the momentum going.
Action Items like this, at the least might give a chance for inactive members and others who have not joined IV yet, an opportunity to participate.
If its for admin-fixes I am in:
- recapture
- increased quotas.
etc.
worst case if we are going to be stuck in retrogression hell, then I atleast want to fight for 3 year EAD/AP.
Well, my suggestion was not just for DL or Stimulus package. But put together a list of fixes we would like. As good as the letter campaign is, I believe strongly, it is time that we let the media do some coverage on our issues. This, I thought would give some coverage for the hardships we are facing.
But, like walking_dude mentioned, if we dont get enough interest from people, it is not going to work. But, like jthomas mentioned, we need to keep the momentum going.
Action Items like this, at the least might give a chance for inactive members and others who have not joined IV yet, an opportunity to participate.
more...
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sam_hoosier
11-27 11:22 AM
Do I need to tell the "future employer" that I am on EAD and it will expire in 6 months and blah..blah..
Or
I Can just say that I am on EAD and I will take care of it's yearly extension and stuff?
I would just tell them that I am on EAD and I will take care the extension.
Or
I Can just say that I am on EAD and I will take care of it's yearly extension and stuff?
I would just tell them that I am on EAD and I will take care the extension.
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ghost
09-12 02:39 PM
Another "budding" democrat is the Afro American from Chicago, Mr. Obama. He is very hostile to legal immigration because he thinks skilled immigration has a disproportionately negative impact on blacks.
where did you read this?
where did you read this?
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BlueSkyPro
10-02 04:00 PM
I just emailed and called. Let's go.
Vsach
01-19 04:39 PM
We shall be mailing the letters to the President with a copy to IV.
Come on members let's all make effort...i:)
This information cannot be confirmed at this time. There is no internal memo or information to prove that that it maybe true. Even if this is suspended, it maybe because USCIS does not have enough resources at this time. It seems they are getting lot of pressure to clear the naturalization case backlog. There was a recent hearing on this topic.
EB immigrant applications have not generated enough pressure on USCIS to adjudicate cases faster. If people think this EB immigration backlogs are important for the administration to clear, they need to send letters in several thousands and not in hundreds.
Pre-adjudication does will not really have much difference in the current situation. If dates do not move forward, it will be of no use. Even if the cases are pre-adjudicated now, and dates move forward several months from now, there is still a chance of an RFE or an interview. USCIS can issue an RFE for current employment.
Come on members let's all make effort...i:)
This information cannot be confirmed at this time. There is no internal memo or information to prove that that it maybe true. Even if this is suspended, it maybe because USCIS does not have enough resources at this time. It seems they are getting lot of pressure to clear the naturalization case backlog. There was a recent hearing on this topic.
EB immigrant applications have not generated enough pressure on USCIS to adjudicate cases faster. If people think this EB immigration backlogs are important for the administration to clear, they need to send letters in several thousands and not in hundreds.
Pre-adjudication does will not really have much difference in the current situation. If dates do not move forward, it will be of no use. Even if the cases are pre-adjudicated now, and dates move forward several months from now, there is still a chance of an RFE or an interview. USCIS can issue an RFE for current employment.
logiclife
03-21 05:46 PM
Hi!
I'm a US citizen, a senior consultant who often works as a 1-person company (S-Corp).
My brilliant girlfriend from Bangalore, who works as a IT Project Manager, is arriving (on a 10-year B1 [business visa]) March 27 to stay here (NEW BRUNSWICK, NJ) and build a future with me.
QUESTIONS:
Is the B1 any use in getting an H1-B?
What's the best way for her to get an H1-B? Apply immediately to NJ firms when she arrives on March 27?
Thanks in advance for your advice.
If you are a US citizen and if you plan to build a future with her and the best approach is the get K1 visa (for the fiance/fiancee of citizens). its valid for 6 months and its immediate. Then if you marry her, you can apply for her immigration as spouse of US citizen. While her application for greencard is pending, she can get EAD and that would allow her to work.
This is THE BEST route for US citizens who want to plan a future with foriegn born individual. You can talk to an immigration lawyer to confirm this.
Visitors visa is a non-immigrant visa and she is bound to be having "non immigrant intent". If she applies for H1 after coming here, it might run into some scrunity and inquiry. It would cost to reply to that inquiry.
Secondly, if she doesnt get H1, but even gets married during her B1 stay, it would still run into some scrutiny by USCIS as they might think that she had immigration intent all along and circumvented the long immigration process by entering on B1 and adjusting status to H1 etc or getting married.
You need to be careful before planning all these steps and get paid legal advice otherwise you will run into nightmares of epic proportions.
I'm a US citizen, a senior consultant who often works as a 1-person company (S-Corp).
My brilliant girlfriend from Bangalore, who works as a IT Project Manager, is arriving (on a 10-year B1 [business visa]) March 27 to stay here (NEW BRUNSWICK, NJ) and build a future with me.
QUESTIONS:
Is the B1 any use in getting an H1-B?
What's the best way for her to get an H1-B? Apply immediately to NJ firms when she arrives on March 27?
Thanks in advance for your advice.
If you are a US citizen and if you plan to build a future with her and the best approach is the get K1 visa (for the fiance/fiancee of citizens). its valid for 6 months and its immediate. Then if you marry her, you can apply for her immigration as spouse of US citizen. While her application for greencard is pending, she can get EAD and that would allow her to work.
This is THE BEST route for US citizens who want to plan a future with foriegn born individual. You can talk to an immigration lawyer to confirm this.
Visitors visa is a non-immigrant visa and she is bound to be having "non immigrant intent". If she applies for H1 after coming here, it might run into some scrunity and inquiry. It would cost to reply to that inquiry.
Secondly, if she doesnt get H1, but even gets married during her B1 stay, it would still run into some scrutiny by USCIS as they might think that she had immigration intent all along and circumvented the long immigration process by entering on B1 and adjusting status to H1 etc or getting married.
You need to be careful before planning all these steps and get paid legal advice otherwise you will run into nightmares of epic proportions.
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