getgc2008
02-29 04:08 PM
My I140 is approved, 180 days complete and looking to change jobs in May/June.
I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?
I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?
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anilsal
11-28 02:45 PM
if the email system works anymore for the online case status.
You really should be doing this and get registered with your state chapter. :)
http://immigrationvoice.org/forum/showthread.php?t=15745
You really should be doing this and get registered with your state chapter. :)
http://immigrationvoice.org/forum/showthread.php?t=15745
indianindian2006
07-26 11:54 AM
My company attorneys are in the process of filing my AOS application per the July bulletin. I have an approved labor certification and an approved I-140. Turns out due to internal restructuring a new legal vehicle was created under the existing company and groups re-aligned. Job function and location haven't changed.
The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.
My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.
I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
What is the total number of employes your company.
The attorneys are syaing that since the I-140 was approved prior to the restructuring, they will be filing a new successor-in-interest I-140 with my AOS application.
My question is since I had an approved I-140 is this considered an amendment to the previous i-140 and processed at I-485 adjudication stage or is it considered a brand new filing aubject to the i-140 backlog in processing.
I would appreciate a response from Logiclife (since he had posted a similar scenario) or sopmeone else in similar situations or with knowledge of the above.
What is the total number of employes your company.
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h1bjava
03-20 03:49 AM
H1B extension from an IT consulting company with TARP company as the client, please share your H1B extension experiences here. Thank you.
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Roger Binny
07-17 01:36 AM
Uff..dude your thread raised lot of curiosity.
Anyways, sounds like happy ending for now, thanks to USCIS for the MTR and the traffic it generated towards this thread.
Wish you good luck and i hope in few months we will get a better USCIS website.
Anyways, sounds like happy ending for now, thanks to USCIS for the MTR and the traffic it generated towards this thread.
Wish you good luck and i hope in few months we will get a better USCIS website.
pasupuleti
09-13 05:26 PM
ImmigrationALERT
published by Hammond Law Group, LLC
SEPTEMBER 13, 2006
OCTOBER VISA BULLETIN RELEASED-
INDIAN EB2 NUMBERS NO LONGER UNAVAILABLE
The Department of State has released the October Visa Bulletin today. The Bulletin offers some good news as the EB2 category for Indian Foreign Nationals no longer remains unavailable. Starting October 1, the current priority date for the Indian EB2 category will be June 15, 2002.
This means that any Indian foreign national holding an approved labor certification or green card case with a priority date of June 15, 2002 or earlier, may file their I-485, adjustment of status petition starting October 1, 2006.
The October Bulletin also showed minor movement, of on average a month or so, for the other remaining categories.
Finally, the October Bulletin also confirmed that the retrogression of numbers for Schedule A workers � Physical Therapists and Registered Nurses would not occur in October. It is expected that the retrogression will happen in November.
published by Hammond Law Group, LLC
SEPTEMBER 13, 2006
OCTOBER VISA BULLETIN RELEASED-
INDIAN EB2 NUMBERS NO LONGER UNAVAILABLE
The Department of State has released the October Visa Bulletin today. The Bulletin offers some good news as the EB2 category for Indian Foreign Nationals no longer remains unavailable. Starting October 1, the current priority date for the Indian EB2 category will be June 15, 2002.
This means that any Indian foreign national holding an approved labor certification or green card case with a priority date of June 15, 2002 or earlier, may file their I-485, adjustment of status petition starting October 1, 2006.
The October Bulletin also showed minor movement, of on average a month or so, for the other remaining categories.
Finally, the October Bulletin also confirmed that the retrogression of numbers for Schedule A workers � Physical Therapists and Registered Nurses would not occur in October. It is expected that the retrogression will happen in November.
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augustus
05-05 10:52 AM
Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
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Dhundhun
10-23 05:53 PM
I think, for an employment-based case, there is effectively a 180-day grace period because of 245[k]. Please explore this, which may be helpful for gaps like I485 refusal and MTR.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
From: http://www.murthy.com/adjsta.html
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
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god_bless_you
04-27 12:53 PM
With the following conditions:
Approved 140( already 6 months over)
8th Year H1B extension
485 not filed(Regression!!)
it is necessary that previous Employer has to keep I140 open Right??
Approved 140( already 6 months over)
8th Year H1B extension
485 not filed(Regression!!)
it is necessary that previous Employer has to keep I140 open Right??
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saibaba
12-09 10:50 PM
thanq hankles
more...
seahawks
01-10 11:36 PM
my friends have multiple experiences, I went through Lufthansa, had no problem. My friend was telling me in France you do require, they wont let you board the flight if you dont have transit! Even if you check the consulate, the airlines have no clue. Asian countries like Singapore, absolutely no problem, direct non stop flights no problem either.
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pmgthj
03-13 09:53 PM
Please help! My I-485 was denied by a local USCIS officer because of visa availability. My case is EB2 PERM based and I filed I-485 in July 2007 when the visa number was available.
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
Apparently USCIS made a mistake if they have any knowledge of the wellknown visa bulletin fiasco of July 2007 (Visa bulletiin No. 107). What should I do to correct this? If I file a motion to reopen (MTR), it will cost me $1500 legal fee+$585 filing fee. Any suggestions are really appreciated.
Here is what it said:" At the time you filed your I-485, the Visa Bulletin of the Department of State provided that the employment based visas were unavailable for persons in your category. Section 245.2 of title 8 of the Code of Regulations (CFR) states, in part:'an immigration visa must be immediately available in order for an alien to properly file an adjustment application under section 245 of the Act," ...
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jfredr
08-02 05:46 PM
U should be able to collect ur passpost by going to VFS.
I have collected from vfs. in December 2006.
But remember to take the application receipt and some id.
both u and ur wife should go to collect they dont give both to one.
I have collected from vfs. in December 2006.
But remember to take the application receipt and some id.
both u and ur wife should go to collect they dont give both to one.
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Hassan11
04-09 12:47 PM
49 views of this thread and no replies. Please anybody out there, any suggestions or answers? Thank you
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eImmigJr
10-23 07:37 PM
Mine is a similiar case, would like to add more info to this post.
LCA certified as computer programmer in EB3. PD 2004.
Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.
I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).
Questions that I am not clear about is.
1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?
My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.
Gurus, please advice if this approach is correct.
Thanks in advance.
LCA certified as computer programmer in EB3. PD 2004.
Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.
I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).
Questions that I am not clear about is.
1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?
My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.
Gurus, please advice if this approach is correct.
Thanks in advance.
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myvoice23
07-31 01:09 PM
Gurus,
I know most of you might be busy looking for the bill.
Please post your exp with infopass in Dallas TX
I had infopass appointment 2 days ago to enquiry about name check status. You stand on the line the security guy check your infopass appointment confirmation letter, and verifies the appointment time. if it is > 15 min. then he asks you to come 15 min. before. The receiptionist calls the next person in line. Takes the infopass appointment cfrm letter, and ask for what is the purpose of the appointment. Once she verifies it, If she gives you a token then you will go inside and talk to immigration officer.
I know most of you might be busy looking for the bill.
Please post your exp with infopass in Dallas TX
I had infopass appointment 2 days ago to enquiry about name check status. You stand on the line the security guy check your infopass appointment confirmation letter, and verifies the appointment time. if it is > 15 min. then he asks you to come 15 min. before. The receiptionist calls the next person in line. Takes the infopass appointment cfrm letter, and ask for what is the purpose of the appointment. Once she verifies it, If she gives you a token then you will go inside and talk to immigration officer.
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sbabunle
12-28 03:53 PM
First lets see if it will be stuck on May 2001...We have a long way to reach Jan 03 buddy.
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04-16 11:36 AM
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raysaikat
02-16 09:32 AM
All
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
[QUOTE=sa.node;2357341]
I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
[QUOTE=sa.node;2357341]
I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
tabletpc
11-09 03:52 PM
Vikki76,
Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.
Ganesh_Sholapur:
Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.
1. Do i need to go for stamping in Canada or Mexico
YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.
2. Can i work for company B with my H1B approval.??
No you cannot.
3. To start my new job, do my employer should change my status
Once you return back from india, your status automaticaly changes to H1b.
4. If going for stamping do my dependents also should join me.
yes, all should leave the country before u r L1 expires.
Hope my responses helped you...
My quires are.
1. Do i need to go for stamping in Canada or Mexico
Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.
Ganesh_Sholapur:
Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.
1. Do i need to go for stamping in Canada or Mexico
YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.
2. Can i work for company B with my H1B approval.??
No you cannot.
3. To start my new job, do my employer should change my status
Once you return back from india, your status automaticaly changes to H1b.
4. If going for stamping do my dependents also should join me.
yes, all should leave the country before u r L1 expires.
Hope my responses helped you...
My quires are.
1. Do i need to go for stamping in Canada or Mexico
Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
snathan
08-04 01:09 PM
He can use AP to renter. USCIS would not have approved to give EAD if USCIS determined he was out of status in the first place.
NOT True.. they will give and come after you just to deny/revoke it.
NOT True.. they will give and come after you just to deny/revoke it.