number30
10-31 12:37 PM
Hi, I am in 8th year of H1b with 140 approved (EB3) from company A. I would like to switch to company B and planning to start EB2 quickly to enage a new interesting project . I have following questions related to the same and early advice from you all would be highly appreciated as am running out of time in engaging the new project.
1. Can I do H1 transfer from company A to company B using A's 140 approval after my 6 years of original h1b quota. I am currently on 8th year of h1b.
2. Can I able to port the priority date from company A's EB3 filing with the new EB2 filing from company B?
3. If company A cancels the 140, still can I able to port the PD ?
thanks.
CS
If your I-140 is approved and dates not current you can get one time three years H1 extension. Otherwise one year extension is available.
Since your I-140 is approved You can port the priority dates even if Company A revokes the I-140
1. Can I do H1 transfer from company A to company B using A's 140 approval after my 6 years of original h1b quota. I am currently on 8th year of h1b.
2. Can I able to port the priority date from company A's EB3 filing with the new EB2 filing from company B?
3. If company A cancels the 140, still can I able to port the PD ?
thanks.
CS
If your I-140 is approved and dates not current you can get one time three years H1 extension. Otherwise one year extension is available.
Since your I-140 is approved You can port the priority dates even if Company A revokes the I-140
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fall2004us
08-26 04:30 PM
that applies only if you are on F1 visa (still considered a student), so you dont owe social security and medicare.
Blog Feeds
06-22 11:00 AM
On June 9, 2009, U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano granted deferred action for two years to widows and widowers of U.S. citizens (and their unmarried children under 18 years old) who reside in the United States, and who were married for less than two years before their spouse’s death. Deferred action is a short-term act of prosecutorial discretion that suspends removal proceedings against an individual or group of individuals for a specific timeframe. The action is temporary and it will not resolve an individual’s underlying immigration status.
In addition to the deferred action, U.S. Citizenship and Immigration Services (USCIS) will suspend all adjudications of visa petitions and adjustment applications filed by widow(er)s where the only reason for reassessment of immigration status was the death of a U.S. citizen spouse before the second anniversary of the marriage. Further, U.S. Immigration and Customs Enforcement (ICE) will now defer initiating or continuing removal proceedings, or executing final orders of removal against qualified widow(er)s and their eligible children.
Secretary Napolitano states that the deferred action is a “common-sense and practical” solution that will grant “these individuals and their children an opportunity to stay in the country that has become their home while their legal status is resolved.”
Additional information may be found at: www.dhs.gov (http://www.dhs.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/zQN9CYrxft4/)
In addition to the deferred action, U.S. Citizenship and Immigration Services (USCIS) will suspend all adjudications of visa petitions and adjustment applications filed by widow(er)s where the only reason for reassessment of immigration status was the death of a U.S. citizen spouse before the second anniversary of the marriage. Further, U.S. Immigration and Customs Enforcement (ICE) will now defer initiating or continuing removal proceedings, or executing final orders of removal against qualified widow(er)s and their eligible children.
Secretary Napolitano states that the deferred action is a “common-sense and practical” solution that will grant “these individuals and their children an opportunity to stay in the country that has become their home while their legal status is resolved.”
Additional information may be found at: www.dhs.gov (http://www.dhs.gov).
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/zQN9CYrxft4/)
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echinacea
03-11 12:23 PM
My I-140 was filed via regular processing then later shifted to premium processing in Aug 2006, approved in Oct 2006 Nebraska Center and was received at the NVC in December 2006 and given an NVC Case number.
I know someone who has a priority date of june 2006 and I-140 approved last january 2007. The document is not yet received by the NVC.
Which one will the NVC process first? My papers that was received by the NVC first. Or will it still follow the priority date?
Thank you. Hoping and praying that this retrogression be lifted the soonest time possible.
I know someone who has a priority date of june 2006 and I-140 approved last january 2007. The document is not yet received by the NVC.
Which one will the NVC process first? My papers that was received by the NVC first. Or will it still follow the priority date?
Thank you. Hoping and praying that this retrogression be lifted the soonest time possible.
more...
agaballa
01-29 05:15 PM
Thanks a lot
avisala
08-11 11:06 PM
Check this out! a visa bulletin & processing time iPhone App.
VisaProcs App provides you with the most recent visa bulletin and
processing times for petitions and applications submitted to the USCIS.
Here is the iTunes link:
VisaProcs - Visa Bulletin & Service Centers Processing Time for iPhone and iPod touch on the iTunes App Store (http://itunes.apple.com/us/app/visaprocs-visa-bulletin-service/id385683853?mt=8)
VisaProcs App provides you with the most recent visa bulletin and
processing times for petitions and applications submitted to the USCIS.
Here is the iTunes link:
VisaProcs - Visa Bulletin & Service Centers Processing Time for iPhone and iPod touch on the iTunes App Store (http://itunes.apple.com/us/app/visaprocs-visa-bulletin-service/id385683853?mt=8)
more...
gc_lover
07-03 02:36 PM
I think its too early to get any fedex back, maybe from next week!
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perm
07-06 10:08 AM
Media Drive - not even 9000 diggs from US!!??
There's a thread on media coverage which also states that we can get a lot of coverage amongst people via Digg.com.
What is digg and how it works- (wikipedia)
Readers can view all of the stories that have been submitted by fellow users in the "digg/News/Upcoming" section of the site. Once a story has received enough "diggs", it appears on Digg's front page. Should the story not receive enough diggs, or if enough users report a problem with the submission, the story will remain in the "digg all" area, where it may eventually be removed.
The highest rated digg in last 7 days (with 8632 hits / diggs) is that of a iphone. Our issue could not even beat the new iphone release. Immigrationvoice has about 14893 members, 7939 active members. If each member does a digg for himself and other one for spouse, we should have atleast 14000 digg to keep our write ups LIVE, in the minds of all the people visiting this page.
Our Diggs
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/FLOWER_DAY_JULY_10TH
http://digg.com/politics/Highly_Skilled_Immigrants_fightback_against_unfair _immigration_practices
http://digg.com/politics/Feds_play_games_with_immigrants
http://digg.com/politics/Immigration_Malpractice
http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
http://digg.com/politics/Legal_Workers_Lose_Chance_at_Green_Cards_2
http://digg.com/politics/Door_to_getting_a_job_based_visa_closes_abruptly
There's a thread on media coverage which also states that we can get a lot of coverage amongst people via Digg.com.
What is digg and how it works- (wikipedia)
Readers can view all of the stories that have been submitted by fellow users in the "digg/News/Upcoming" section of the site. Once a story has received enough "diggs", it appears on Digg's front page. Should the story not receive enough diggs, or if enough users report a problem with the submission, the story will remain in the "digg all" area, where it may eventually be removed.
The highest rated digg in last 7 days (with 8632 hits / diggs) is that of a iphone. Our issue could not even beat the new iphone release. Immigrationvoice has about 14893 members, 7939 active members. If each member does a digg for himself and other one for spouse, we should have atleast 14000 digg to keep our write ups LIVE, in the minds of all the people visiting this page.
Our Diggs
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/FLOWER_DAY_JULY_10TH
http://digg.com/politics/Highly_Skilled_Immigrants_fightback_against_unfair _immigration_practices
http://digg.com/politics/Feds_play_games_with_immigrants
http://digg.com/politics/Immigration_Malpractice
http://digg.com/politics/Green_card_hopefuls_to_resort_to_Gandhigiri_in_US
http://digg.com/politics/Suit_Planned_Over_Visas_for_the_Highly_Skilled
http://digg.com/politics/Legal_Workers_Lose_Chance_at_Green_Cards_2
http://digg.com/politics/Door_to_getting_a_job_based_visa_closes_abruptly
more...
snvlgopal
02-05 03:11 PM
Thanks chantu, She doesn't have AP, Do you think it is Safe only if she has AP ?
Yes, she can travel on H4 stamping. Also let her carry AP if need arises.
Yes, she can travel on H4 stamping. Also let her carry AP if need arises.
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gc_lover
06-23 04:46 PM
My lawyer said the same thing. As long as USCIS understands what is written there is no problem. He wrote annual income and send the form.
more...
deecha
04-02 03:23 PM
An A# is allotted whenever you file for AOS (either employment or relationship based or any other category eligible) and the USCIS accepts your I-485. This will be your A# for the rest of your life and will be on any subsequent filings (irrespective of the category .. immigrant or non-immigrant) with the USCIS.
I am not really sure about the A# allotted when you file for F1/OPT (I never had an F1). Please check with a qualified legal specialist.
Hello --
Do any of you know what the A# is on the I-485 / I-130 / I-765 etc is for people who have previously held an F-1 / OPT-related A#? I have seen previous forums stating that OPT A#s begin with a "1" which connotes an OPT status; however I am not clear whether we are supposed to use that same A# on our I-485 and other GC-related documents, or leave that space blank.
Sorry this is redundant but previous posts don't seem to clarify a definitive answer to this question. Many thanks in advance.
-H
I am not really sure about the A# allotted when you file for F1/OPT (I never had an F1). Please check with a qualified legal specialist.
Hello --
Do any of you know what the A# is on the I-485 / I-130 / I-765 etc is for people who have previously held an F-1 / OPT-related A#? I have seen previous forums stating that OPT A#s begin with a "1" which connotes an OPT status; however I am not clear whether we are supposed to use that same A# on our I-485 and other GC-related documents, or leave that space blank.
Sorry this is redundant but previous posts don't seem to clarify a definitive answer to this question. Many thanks in advance.
-H
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addsf345
02-26 09:13 PM
On this case, I am getting mixed anwsers
Employer's lawyer is saying that i can continue to work since have valid I-94 and they are going to appeal. Lawyer called USCIS officers and USCIS officers confirmed this ( !!!).
Second lawyer is saying that i should stop working on denied petition.
Once you apply for appeal or motion your H1B peition status changed from 'Denied' to 'Pending' and you may continue to work for employer. - this is my guess
In fact, I am planning to get advice from murhty too...
Any thoughts on this.
RG said u can work.
Employer's lawyer is saying that i can continue to work since have valid I-94 and they are going to appeal. Lawyer called USCIS officers and USCIS officers confirmed this ( !!!).
Second lawyer is saying that i should stop working on denied petition.
Once you apply for appeal or motion your H1B peition status changed from 'Denied' to 'Pending' and you may continue to work for employer. - this is my guess
In fact, I am planning to get advice from murhty too...
Any thoughts on this.
RG said u can work.
more...
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divak
01-19 12:53 PM
Hi all.
Case approved in September. 4 months later still no card. made multiple inquries and walk-ins but nothing.
Does anyone have any suggestions?
Thanks.
Case approved in September. 4 months later still no card. made multiple inquries and walk-ins but nothing.
Does anyone have any suggestions?
Thanks.
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validIV
04-28 12:26 PM
My only thought is why arent they trying to re-introduce the visa recapture bill. But that thought in itself is a rhetorical question.
more...
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illusions
04-07 11:19 AM
485 is your application, your emp does not have to pay; although if they do it would be nice :)
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gcseeker2002
01-03 09:54 AM
Labor substitution is not an option anymore. I have PD Dec 2002 EB3 India working on EAD.
I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
What is a probable timeline for Eb3 to Eb2 porting ? If we are already using EB3 EAD and not renewed old H1b, is it still possible to apply for Eb2 labor ?
Thanks.
I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
What is a probable timeline for Eb3 to Eb2 porting ? If we are already using EB3 EAD and not renewed old H1b, is it still possible to apply for Eb2 labor ?
Thanks.
more...
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immihelp1
08-07 02:16 PM
Dear nsb,
What u said is not true.
I am in 8th year and went to Nogales for stamping last week. Got 3 years stamped.
If anyone want's more info please PM me.
Thanks,
What u said is not true.
I am in 8th year and went to Nogales for stamping last week. Got 3 years stamped.
If anyone want's more info please PM me.
Thanks,
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ind_game
05-15 08:17 PM
Can someone shed light on this topic?
I know Writ of mandamus cases are common for FBI name check delays.
What about AC 21?
When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?
What are the costs involved?
How much time does it take to get a ruling from the court?
I know Writ of mandamus cases are common for FBI name check delays.
What about AC 21?
When USCIS ignored AC 21 and denied I-485, did anyone file for Writ of Mandamus?
What are the costs involved?
How much time does it take to get a ruling from the court?
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rhegde
09-09 09:28 PM
Hi,
I'm on L1B and wife on L2B with EAD and currently working. Both are expiring on Dec 30,2010. I got my H1 with COS, which is effective from Oct 01,2010 for 1 year and my wife got H4, effective from same time. My wife's company is filing for H1 for her and has already applied for LCA. After the LCA, they are not sure whether to apply for COS from L2 to H1 before Oct 1st or if they want to wait till Oct 1st and then file for new H1 with COS from H4 to H1. In the second case, she will not be able to work till she gets her H1.
Also if they file for H1 before Oct 1st with L2 to H1 COS, and if she gets RFE, then not sure whether the whole application is invalid as my wife's status would have changed from L2 to H4 during the course.
Please advice my options. Is it OK if her company file for new H1 with COS from L2 to H1 as soon as her LCA get approved with premium processing? Is it going to be a problem if she gets RFE?
Or is it adviseable to continue to be on L1/L2 till she gets H1? If yes, how can I change my status back to L1 before Oct 1st 2010? Can my company do it me? How long the process will take? I also heard that if I go abroad and come back, I will continue to be on L1. In that case should my wife acccompany me? Do I have to go out and re enter before Oct 1st?
If I change my status back to L1, what will happen to my H1? Will it still be valid? If I'm planning to change to a different company, can it be just transferred to that company and I can work there?
Please help.
Thanks
I'm on L1B and wife on L2B with EAD and currently working. Both are expiring on Dec 30,2010. I got my H1 with COS, which is effective from Oct 01,2010 for 1 year and my wife got H4, effective from same time. My wife's company is filing for H1 for her and has already applied for LCA. After the LCA, they are not sure whether to apply for COS from L2 to H1 before Oct 1st or if they want to wait till Oct 1st and then file for new H1 with COS from H4 to H1. In the second case, she will not be able to work till she gets her H1.
Also if they file for H1 before Oct 1st with L2 to H1 COS, and if she gets RFE, then not sure whether the whole application is invalid as my wife's status would have changed from L2 to H4 during the course.
Please advice my options. Is it OK if her company file for new H1 with COS from L2 to H1 as soon as her LCA get approved with premium processing? Is it going to be a problem if she gets RFE?
Or is it adviseable to continue to be on L1/L2 till she gets H1? If yes, how can I change my status back to L1 before Oct 1st 2010? Can my company do it me? How long the process will take? I also heard that if I go abroad and come back, I will continue to be on L1. In that case should my wife acccompany me? Do I have to go out and re enter before Oct 1st?
If I change my status back to L1, what will happen to my H1? Will it still be valid? If I'm planning to change to a different company, can it be just transferred to that company and I can work there?
Please help.
Thanks
panky72
06-11 02:05 PM
can i do it by myself.
please guide me to the right thread or if you can mention what documents i would need to apply for new AP along with the renewal of EAD
see this thread
http://immigrationvoice.org/forum/showthread.php?t=18737
please guide me to the right thread or if you can mention what documents i would need to apply for new AP along with the renewal of EAD
see this thread
http://immigrationvoice.org/forum/showthread.php?t=18737
malibuguy007
10-01 08:47 PM
If you guys are viewing this thread, you should be here
http://immigrationvoice.org/forum/showthread.php?t=21817
http://immigrationvoice.org/forum/showthread.php?t=21817
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