shana04
02-19 01:23 PM
I have been trying to go thru various threads in this sub-forum. I have few questions, which I will appreciate if anyone can answer:
1. Are you responsible for invoking the AC21 or the new company that hires you does that?
You
2. Will you be hired into new company using EAD or H1B?
EAD or H1B
3. Does H1B need to be transferred to the new company anyways?
yes, if you want to use H1B. Else use EAD it is your choice
4. If wife has started using her EAD, how does that get affected?
no, problem, if you are still on h1b then she can always fall back to h4
5. Can you continue to use the AP issued or do you have to have a new AP re-issued?
you can use AP issued.
Thanks
Good luck
Karsan
------------
Status (Notice Approval Dates):
- AP (11/2007),
- FP & EAD (10/2007),
- I-485 (9/2007),
- I-140 (6/2007)
1. Are you responsible for invoking the AC21 or the new company that hires you does that?
You
2. Will you be hired into new company using EAD or H1B?
EAD or H1B
3. Does H1B need to be transferred to the new company anyways?
yes, if you want to use H1B. Else use EAD it is your choice
4. If wife has started using her EAD, how does that get affected?
no, problem, if you are still on h1b then she can always fall back to h4
5. Can you continue to use the AP issued or do you have to have a new AP re-issued?
you can use AP issued.
Thanks
Good luck
Karsan
------------
Status (Notice Approval Dates):
- AP (11/2007),
- FP & EAD (10/2007),
- I-485 (9/2007),
- I-140 (6/2007)
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Hermione
10-03 11:25 AM
First, submit a change of address form on USCIS web site for you and your wife. Have all of your receipts ready - after the general change of address form you will need to submit one for every petition (!) you have pending.
After you receive all of the change of address confirmations from USCIS (takes about a week), make an InfoPass appointment or juggle the call center system into transferring to your service center to talk to an immigration officer - please make sure all of your addresses got changed.
Don't forget to foreward mail at the post office.
I applied under EB2-NIW on July 28, 2007. Under the concurrent filing allowed at that time, I submitted NIW, I-140, I485, and EAD applications for me and my wife. I have changed jobs, and joined a new company last week.
Since I filed a self-petition, my application should not be directly affected by this move. However what do I need to do to inform uscis about this change, so that my receipts/EAD etc. do not go to the wrong place, or worse, get returned by the post office.
Please advice. Any additional info/experience would be great.
After you receive all of the change of address confirmations from USCIS (takes about a week), make an InfoPass appointment or juggle the call center system into transferring to your service center to talk to an immigration officer - please make sure all of your addresses got changed.
Don't forget to foreward mail at the post office.
I applied under EB2-NIW on July 28, 2007. Under the concurrent filing allowed at that time, I submitted NIW, I-140, I485, and EAD applications for me and my wife. I have changed jobs, and joined a new company last week.
Since I filed a self-petition, my application should not be directly affected by this move. However what do I need to do to inform uscis about this change, so that my receipts/EAD etc. do not go to the wrong place, or worse, get returned by the post office.
Please advice. Any additional info/experience would be great.
kernel_flash
04-03 05:24 AM
It's a kirupian stamp after all ;)
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sparky_jones
02-24 10:07 AM
Filed 02/18 (law was passed 02/17) under premium, approved 02/24.
Congrats.
I wonder how DOL is interpreting the "new employment" clause in the new law that prevents TARP companies from sponsoring H1Bs. Technically, an LCA filed for an H1B extension is for a "period of new employment". If they were to strictly follow this technicality, H1B extensions by TARP companies would also be unlawful. However, from the employer's perspective, an H1B extension is not a new employment, but a continuation of an existing one.
Have any of the celebrity immigration lawyers published their interpretation yet?
Congrats.
I wonder how DOL is interpreting the "new employment" clause in the new law that prevents TARP companies from sponsoring H1Bs. Technically, an LCA filed for an H1B extension is for a "period of new employment". If they were to strictly follow this technicality, H1B extensions by TARP companies would also be unlawful. However, from the employer's perspective, an H1B extension is not a new employment, but a continuation of an existing one.
Have any of the celebrity immigration lawyers published their interpretation yet?
more...
lovealways1234
05-13 03:00 PM
Greetings all,
I am new to Immigration voice and feel very blessed for finding the site.
Here is my situation I am a green card holder since 1996. However I waited until now because I had I received probation before judgment in 2003. The case was expunged in 2007. The conviction was Annotated Code of Maryland article 27 , section 146 (c )(1 ) stipulating that : Any person who violates any provision of subsection (c)(1) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years or both.
According to the information I found on USCIS, you can not have any conviction in the five years preceding your application; It looks like I should be fine. I am ready to apply now and it has been a good obedient green card holder for 6 years now, I don't have any issue with the law since 2003.
I am also married to a US citizen and have three children (all citizens). I was able to get all my information from the court prior to the expungement as well.
Please let me know what you think. Thanks you so much.
I am new to Immigration voice and feel very blessed for finding the site.
Here is my situation I am a green card holder since 1996. However I waited until now because I had I received probation before judgment in 2003. The case was expunged in 2007. The conviction was Annotated Code of Maryland article 27 , section 146 (c )(1 ) stipulating that : Any person who violates any provision of subsection (c)(1) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 3 years or both.
According to the information I found on USCIS, you can not have any conviction in the five years preceding your application; It looks like I should be fine. I am ready to apply now and it has been a good obedient green card holder for 6 years now, I don't have any issue with the law since 2003.
I am also married to a US citizen and have three children (all citizens). I was able to get all my information from the court prior to the expungement as well.
Please let me know what you think. Thanks you so much.
Andrew24
06-19 12:33 AM
Found a solution:
ControllerIndicator.Background = (Brush)this.FindResource("Light_on");
cheers,
Andrew
ControllerIndicator.Background = (Brush)this.FindResource("Light_on");
cheers,
Andrew
more...
Zee
06-14 12:11 PM
As per July bulletin it looks like it will be current till Aug 31st...
Hi,
I have applied for my PERM labor and have not got any approval on that...I am checking to see if the Concurrent Filing of I-140 and I-485 is still available....???
and also how many days or months does anyone think this PD will remain current..???
Any suggestions will be appreciated...!!!
Hi,
I have applied for my PERM labor and have not got any approval on that...I am checking to see if the Concurrent Filing of I-140 and I-485 is still available....???
and also how many days or months does anyone think this PD will remain current..???
Any suggestions will be appreciated...!!!
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mmk123
08-13 10:55 AM
All,
My 4 years and 2 months on H1B will finish in this November and we are in the process of applying for an extension. I have my 140 approved and waiting for my priority date to become current.
Can I apply for 3 years extension based on my 140 approval? or do I have to apply for 2 yrs extension to finish my 6 yrs first and then eligible to apply for 3 more years (if my priority date is still not current by then?). My HR is under the second impression (2 yrs and then 3 yrs).
Also, please can you specify the USCIS rule under which it is applicable?
Thanks,
M.
My 4 years and 2 months on H1B will finish in this November and we are in the process of applying for an extension. I have my 140 approved and waiting for my priority date to become current.
Can I apply for 3 years extension based on my 140 approval? or do I have to apply for 2 yrs extension to finish my 6 yrs first and then eligible to apply for 3 more years (if my priority date is still not current by then?). My HR is under the second impression (2 yrs and then 3 yrs).
Also, please can you specify the USCIS rule under which it is applicable?
Thanks,
M.
more...
WAIT_FOR_EVER_GC
06-28 03:37 PM
Obama to Meet With Grass-Roots Groups on Immigration Reform
Roll Call:
President Barack Obama on Monday afternoon will meet with grass-roots advocates to discuss comprehensive immigration reform, the White House announced.
Election Strategy.. nothing else.
This has been happening for days now.
Take it easy policy
Roll Call:
President Barack Obama on Monday afternoon will meet with grass-roots advocates to discuss comprehensive immigration reform, the White House announced.
Election Strategy.. nothing else.
This has been happening for days now.
Take it easy policy
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Blog Feeds
11-01 09:10 AM
According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
more...
chintu25
08-14 10:02 AM
Interfiling can be a success or a failure depending on how you/your lawyer treats the case.
I know someone who successfully got his interfiling done from a 2007 EB2 to 2004 EB3 date and has the GC already.
Now,
Even if your lawyer files the case perfectly there is a chance that the case lands with an IO that either doesnt "LIKE" interfiling or doesnt understand it. So then again the casse might take longer than usual.
But as far as I know , cases are done and I havent seen any case that was filed properly being rejected, nevertheless there are people who are still waiting for adjudication but not rejected.
I know someone who successfully got his interfiling done from a 2007 EB2 to 2004 EB3 date and has the GC already.
Now,
Even if your lawyer files the case perfectly there is a chance that the case lands with an IO that either doesnt "LIKE" interfiling or doesnt understand it. So then again the casse might take longer than usual.
But as far as I know , cases are done and I havent seen any case that was filed properly being rejected, nevertheless there are people who are still waiting for adjudication but not rejected.
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PD_Dec2002
06-20 10:30 PM
please reply gurus.
Remember, you are signing each and every form. Which means you are certifying the following: "I certify, under penalty of perjury under the laws of the United States of America, that this application and the evidence submitted with it is all true and correct."
So when a form asks for your address, it HAS to be YOUR address. Providing any other address would be illegal. Tell your employer he/she cannot force you to commit perjury.
Thanks,
Jayant
Remember, you are signing each and every form. Which means you are certifying the following: "I certify, under penalty of perjury under the laws of the United States of America, that this application and the evidence submitted with it is all true and correct."
So when a form asks for your address, it HAS to be YOUR address. Providing any other address would be illegal. Tell your employer he/she cannot force you to commit perjury.
Thanks,
Jayant
more...
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Vennilarajan
02-14 08:53 AM
Hi Kirupa,
Can you please provide me with the source code for "Accessing the Parent" in VB .NET? I am in urgent need of it......
I did the below piece of code ...
Public NotInheritable Class GetParent
Public Shared Function FindParent(Of T As DependencyObject)(ByVal child As DependencyObject) As T
Dim ParentType As Type
ParentType = GetType(T)
Dim Parent As DependencyObject
Parent = VisualTreeHelper.GetParent(child)
If Not (Parent.GetType() Is ParentType) Then
FindParent(Of T)(Parent)
End If
Return Parent
End Function
End Class
while debugging i find that after the line "Return Parent" the control is again going to FindParent(Of T)(Parent) and ends in a error.
Can you please help me on this?
Can you please provide me with the source code for "Accessing the Parent" in VB .NET? I am in urgent need of it......
I did the below piece of code ...
Public NotInheritable Class GetParent
Public Shared Function FindParent(Of T As DependencyObject)(ByVal child As DependencyObject) As T
Dim ParentType As Type
ParentType = GetType(T)
Dim Parent As DependencyObject
Parent = VisualTreeHelper.GetParent(child)
If Not (Parent.GetType() Is ParentType) Then
FindParent(Of T)(Parent)
End If
Return Parent
End Function
End Class
while debugging i find that after the line "Return Parent" the control is again going to FindParent(Of T)(Parent) and ends in a error.
Can you please help me on this?
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jim79
09-01 09:43 AM
Yes , I did extension for H4 to avoid out of status. But that will automatically override her approved H1 to h4.(The latest one is valid). But when ever she is ready to work, (in her case she is pregnant and planning to work from next year only) her employer has to change the H4 to h1b(COS). There is premium processing and it would take only 15 days. No need to apply for a fresh H1b.
more...
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HPBPoPoIII
02-26 05:02 PM
is this ok for my 1st project :) ?
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...defenitly need to learn how to do a pre loader .;./
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...defenitly need to learn how to do a pre loader .;./
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shekhar10c
06-13 06:46 PM
He is probably stucked in name check. If that clears he will get the visa.
Hey people , i need help. as EB-3 is current , my spouse who is on H4 ,applied for change of status(H-4 to F-1) ,so can i file her papers along wth mine in I-485 or not? change of status is in process.
Reply soon!!!!!!
Hey people , i need help. as EB-3 is current , my spouse who is on H4 ,applied for change of status(H-4 to F-1) ,so can i file her papers along wth mine in I-485 or not? change of status is in process.
Reply soon!!!!!!
more...
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nousername
07-22 07:51 PM
No it is not but the chances of getting a stamp is higher or at least it use to me.
I remember going through the same thing few years back but then economy was not as bad it is today. Always remember the guy's job at US Embassies is to stop people from coming or act like a gate keeper.
Just carry all your supporting documents like:
Tax returns
Offer letter
Letter from the company stating your continuous employment
Pay stubs
Bank statemen
ts and any assets you might have in the US (property, etc.)
Good luck
I remember going through the same thing few years back but then economy was not as bad it is today. Always remember the guy's job at US Embassies is to stop people from coming or act like a gate keeper.
Just carry all your supporting documents like:
Tax returns
Offer letter
Letter from the company stating your continuous employment
Pay stubs
Bank statemen
ts and any assets you might have in the US (property, etc.)
Good luck
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Ann Ruben
08-13 08:16 PM
You will not jeopardize your I-485 as long as job with company C is in same or similar occupation. Whether USCIS will grant an H-1 3 year extension based on a withdrawn/revoked I-140 is not certain. I outlined the reasons for this uncertainty in my response on the thread entitled "Facing Layoff---6 months left..."
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Sreeshankar
06-28 12:51 PM
The Department of State has published a pamphlet educating nonimmigrant visa holders on their rights. The pamphlet covers the visa process, important documents, workplace and employee rights, human trafficking, and how to file a complaint. This is a very useful document, not just for immigrants. See here (http://www.travel.state.gov/pdf/Pamphlet-Order.pdf) to download.
Greetings,
Thank you for your kind thoughtfulness to post it even on a Sunday!!
Very informative post.
Sree
Greetings,
Thank you for your kind thoughtfulness to post it even on a Sunday!!
Very informative post.
Sree
dish
10-03 03:38 PM
Recently we are not seeing many job postings by dallas bec , in the name of teamexceed ofcourse. PBEC is running the recruitment process in a faster way. More Advertisements..........On the other hand, DBEC still in a slumber.......
rb_248
05-12 09:05 AM
If going out of the country for a long time as a GC holder, you may need to apply for travel document (returning resident ????) with USCIS.
Long Term = > 3 months ?? (may want to check with an attorney)
Long Term = > 3 months ?? (may want to check with an attorney)
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