add78
04-21 05:07 PM
Hello,
If someone is going to be filing for I-140 on a recently approved EB2 (India) while on H1-B in USA with same employer, is it better to check the first box (Alien will apply for visa at a consulate abroad - meaning consular processing of 485) instead of AOS? My understanding is once I-140 is approved and if 485 dates become current, then if CP has been indicated on I-140, then the consulate abroad will order visa number in the month after and the person should get an interview call, even if the dates retrogress back in the following months?
In that case indicating CP is better than AOS on I-140? If so, can the person continue to work on H-1 while waiting for the interview call at consulate abroad?
Thoughts appreciated. Anyone please?
Thanks
If someone is going to be filing for I-140 on a recently approved EB2 (India) while on H1-B in USA with same employer, is it better to check the first box (Alien will apply for visa at a consulate abroad - meaning consular processing of 485) instead of AOS? My understanding is once I-140 is approved and if 485 dates become current, then if CP has been indicated on I-140, then the consulate abroad will order visa number in the month after and the person should get an interview call, even if the dates retrogress back in the following months?
In that case indicating CP is better than AOS on I-140? If so, can the person continue to work on H-1 while waiting for the interview call at consulate abroad?
Thoughts appreciated. Anyone please?
Thanks
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DOL_0903
10-29 03:00 PM
My wife has henna done on her fingures and we need to do FP.. will it be a problem???
Gurus, please advice or share your experience
Thanks in advance
Gurus, please advice or share your experience
Thanks in advance
gc_rip
06-21 07:13 PM
..
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ivar
03-02 04:51 PM
Dear Friends,
I am in my 5th year H1b, my past efforts for GC have messed up. Now i am waiting for PERM withdrawal since Jan 09 to file a NEW PERM. Even if i am able to file a new PERM application by this month or next, what are the chances of getting it approved looking at the current scenario of economy and job market? :confused:
Thanks,
R.
I am in my 5th year H1b, my past efforts for GC have messed up. Now i am waiting for PERM withdrawal since Jan 09 to file a NEW PERM. Even if i am able to file a new PERM application by this month or next, what are the chances of getting it approved looking at the current scenario of economy and job market? :confused:
Thanks,
R.
more...
irukandji
02-14 10:21 AM
will the GC be still valid after converting to H1B? or will it be rejected? even after AC21 has been invoked by the new employer...
ashutrip
09-06 01:58 AM
no i work for a construction company
more...
senthil1
06-02 09:07 PM
Every week 100 to 200 new H1b applications were submited. If it goes in this rate H1b quota will last whole year. It is a good development,
As of May 29, 2009, approximately 45,800 H-1B cap-subject (http://www.h1b.biz/lawyer-attorney-1137085.html)petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
Since it is probable that there will still be H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) numbers available after June 30, U.S. employers should submit H-1B petitions for potential workers as soon as possible.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_update_jun.html)
As of May 29, 2009, approximately 45,800 H-1B cap-subject (http://www.h1b.biz/lawyer-attorney-1137085.html)petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
Since it is probable that there will still be H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) numbers available after June 30, U.S. employers should submit H-1B petitions for potential workers as soon as possible.
More... (http://www.visalawyerblog.com/2009/06/h1b_visa_lawyer_cap_update_jun.html)
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justwaiting
11-05 07:19 AM
This is a much talked about subject around these days. I am sure many of us who renewed EAD but had a gap in the expiration and renewal date and were on a leave of absence. Would this be a problem when it comes to the GC processing?
more...
simikishore
08-02 11:04 AM
I am in the same boat. Attorneys, Gurus and Experts...please advice on this.
Hi Attorneys and Experts,
My GC finally recently got approved and wanted to know what is the minimum time by law, I can stay with my current employer that will not cause any issues during the application of citizenship later.
I have following questions:
� if I don�t work for my current employer for at least six months, What kind of issues comes up when applying for citizenship. What is the law.
� How do the USCIS knows I worked for the current employer for atleast 6 months. Do we have to show six months paystubs or yearly W2s.
All I am just trying to get a knowledge of what is the law.
Hi Attorneys and Experts,
My GC finally recently got approved and wanted to know what is the minimum time by law, I can stay with my current employer that will not cause any issues during the application of citizenship later.
I have following questions:
� if I don�t work for my current employer for at least six months, What kind of issues comes up when applying for citizenship. What is the law.
� How do the USCIS knows I worked for the current employer for atleast 6 months. Do we have to show six months paystubs or yearly W2s.
All I am just trying to get a knowledge of what is the law.
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indyanguy
11-20 09:14 AM
Thanks for the reply.
Where does 1099 fit in in the above list?
Are there any benefits of one over the other?
Where does 1099 fit in in the above list?
Are there any benefits of one over the other?
more...
krithi
02-07 04:51 PM
gotcha sounds good.
thnx,
Java
thnx,
Java
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ita
11-19 12:52 PM
Does the EAD document that got returned as undleiverable take 4-5 months to be resent to new address?
Thank you
Thank you
more...
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little_willy
10-07 08:12 PM
Hi,
My friend and his family got their GC's approved last week. They also have Canadian GC. My friend is the primary applicant and she is currently in US, but her husband is in India. He did not apply for an advance parole and was planning to re-enter the country using his Canadian GC. Now that his US GC is approved, will there be any issue at the port of entry?
Thanks for your help!
My friend and his family got their GC's approved last week. They also have Canadian GC. My friend is the primary applicant and she is currently in US, but her husband is in India. He did not apply for an advance parole and was planning to re-enter the country using his Canadian GC. Now that his US GC is approved, will there be any issue at the port of entry?
Thanks for your help!
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Devils_Advocate
09-13 11:55 AM
You can file uptill Sep30 2010, or when the quoto gets over, whatever happens first.
And as far as your start date is concerned, if your H1B is from the 2009-2010 quota and you've applied for it after oct 2009, it can start anytime after Oct2009 till Sep2010 ( the date your H1B gets approved), please get this confirmed though.
And as far as your start date is concerned, if your H1B is from the 2009-2010 quota and you've applied for it after oct 2009, it can start anytime after Oct2009 till Sep2010 ( the date your H1B gets approved), please get this confirmed though.
more...
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cloud 9
05-06 08:45 PM
I had a similar issue during my first H1B visa stamping. My H1B was approved from company ABC and after approval name of the company was changed to XYZ. So, my employer gave me copy of a letter issued by State of Maine (Company ABC was registered in Maine). This letter stated that company XYZ is same as ABC. My passport was stamped with company ABC's name. My employer also gave me a letter stating that XYZ is same as ABC.
Not sure how this name change will affect your I-140 or I-485.
Not sure how this name change will affect your I-140 or I-485.
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iv_india
07-22 04:30 PM
Hi All, My question is similar to this question as asked by MSS (Do I need an AC21 filing?). But it's diff in few ways. Here are the details of my case:
I worked with my GC "sponser" (i.e. Ex-employer i.e. A) for exactly a year; then next employer for 4 months; then next employer for 15 months and now I am with my current employer (i.e. B) since 2006.
All this means is that in between I have changed TWO employers and currently with a 3rd employer for more than 2 years. Also it means even though my labor was filed while with employer "A" but I left them even before my labor was approved. I started working with my next employer (other than B) before my labor with A was approved, but my GC process continued with A.
fyi, I am calling my ex-employer who is sponser of GC application as "A" and my current employer as "B". In our discussions, I am not giving any name to in-between employers.
My GC dates have become current with A (It's a 2004, EB2 case).
I have not used my EAD yet with any of the employers and so does my wife. i.e. I am on H1B with current employer. Also I never filed AC21 for any of the employers.
140 approved for more than 5 months (but less than 180 days) and I-485 pending for more than 11 months.
Now here are few questions I have:
1. Do I need to file AC21 or not? and why?
2. How filing/not filing of AC21 can impact my citizenship?
3. Is my pending labor with B an issue for the dis/approval of AC21?
4. After getting GC with A how does it affect my employment/H1B with B?
5. What if I get the GC before I file the AC21?
6. Do you see any issues with portability, in general (keeping in mind that, I already left �A� and the GC is for future employment?)
Thanks much!
I worked with my GC "sponser" (i.e. Ex-employer i.e. A) for exactly a year; then next employer for 4 months; then next employer for 15 months and now I am with my current employer (i.e. B) since 2006.
All this means is that in between I have changed TWO employers and currently with a 3rd employer for more than 2 years. Also it means even though my labor was filed while with employer "A" but I left them even before my labor was approved. I started working with my next employer (other than B) before my labor with A was approved, but my GC process continued with A.
fyi, I am calling my ex-employer who is sponser of GC application as "A" and my current employer as "B". In our discussions, I am not giving any name to in-between employers.
My GC dates have become current with A (It's a 2004, EB2 case).
I have not used my EAD yet with any of the employers and so does my wife. i.e. I am on H1B with current employer. Also I never filed AC21 for any of the employers.
140 approved for more than 5 months (but less than 180 days) and I-485 pending for more than 11 months.
Now here are few questions I have:
1. Do I need to file AC21 or not? and why?
2. How filing/not filing of AC21 can impact my citizenship?
3. Is my pending labor with B an issue for the dis/approval of AC21?
4. After getting GC with A how does it affect my employment/H1B with B?
5. What if I get the GC before I file the AC21?
6. Do you see any issues with portability, in general (keeping in mind that, I already left �A� and the GC is for future employment?)
Thanks much!
more...
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Blog Feeds
06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjtlBm-qxpfZAAGgf6hh6N4z_jYf0t3m_aof-D4NV4Sjk6akYLzAFI1xDNuh1eKIWIApVBJITQSxgSwzZKSd_OZQN6Uqas9VJI0x-bnmE4v8_NLCT0ICqfg01yJ2_fEZBJhAMaYUe3xE0cM/s200/gay+wedding.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjtlBm-qxpfZAAGgf6hh6N4z_jYf0t3m_aof-D4NV4Sjk6akYLzAFI1xDNuh1eKIWIApVBJITQSxgSwzZKSd_OZQN6Uqas9VJI0x-bnmE4v8_NLCT0ICqfg01yJ2_fEZBJhAMaYUe3xE0cM/s1600-h/gay+wedding.jpg)
Sen. Patrick Leahy ( D-Vermont ) introduced the Uniting American Families Act ( S. 424 ) earlier this year; it has 18 co-sponsors. The bill would allow same sex couples the same immigration rights as married heterosexual couples. Passage of the bill is likely to be tied to overall immigration reform.
At the moment, same-sex partners of legal immigrants do not have the same rights to dependent status that heterosexual spouses get. This is true even if the couple is legally married in their home country. Often, the "dependent" partner must apply for a B-2 visitor visa at the consulate, to accompany his/her partner. This visa is discretionary, and consulates could refuse to issue it. In addition, B-2 status does not allow the dependent partner to work in the US. Many heterosexual dependent spouses have a status that doesn't allow them to work either, however.
As the New York Times (http://www.nytimes.com/2009/06/03/us/politics/03immig.html) reports:
Senator Leahy�s bill would add the term �permanent partner� to sections of current immigration law that refer to married couples, and would provide a legal definition of those terms.
�I just think it�s a matter of fairness,� he said Tuesday in an interview, noting that a number of American allies, including Canada, France and Germany, recognize same-sex couples in immigration law. Photo by http://www.flickr.com/photos/boscobridalexpos/
http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-1281256503142232618?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/06/immigration-rights-for-gay-couples.html)
Sen. Patrick Leahy ( D-Vermont ) introduced the Uniting American Families Act ( S. 424 ) earlier this year; it has 18 co-sponsors. The bill would allow same sex couples the same immigration rights as married heterosexual couples. Passage of the bill is likely to be tied to overall immigration reform.
At the moment, same-sex partners of legal immigrants do not have the same rights to dependent status that heterosexual spouses get. This is true even if the couple is legally married in their home country. Often, the "dependent" partner must apply for a B-2 visitor visa at the consulate, to accompany his/her partner. This visa is discretionary, and consulates could refuse to issue it. In addition, B-2 status does not allow the dependent partner to work in the US. Many heterosexual dependent spouses have a status that doesn't allow them to work either, however.
As the New York Times (http://www.nytimes.com/2009/06/03/us/politics/03immig.html) reports:
Senator Leahy�s bill would add the term �permanent partner� to sections of current immigration law that refer to married couples, and would provide a legal definition of those terms.
�I just think it�s a matter of fairness,� he said Tuesday in an interview, noting that a number of American allies, including Canada, France and Germany, recognize same-sex couples in immigration law. Photo by http://www.flickr.com/photos/boscobridalexpos/
http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-1281256503142232618?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/06/immigration-rights-for-gay-couples.html)
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cloud 9
05-06 08:45 PM
I had a similar issue during my first H1B visa stamping. My H1B was approved from company ABC and after approval name of the company was changed to XYZ. So, my employer gave me copy of a letter issued by State of Maine (Company ABC was registered in Maine). This letter stated that company XYZ is same as ABC. My passport was stamped with company ABC's name. My employer also gave me a letter stating that XYZ is same as ABC.
Not sure how this name change will affect your I-140 or I-485.
Not sure how this name change will affect your I-140 or I-485.
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mvk80
07-27 09:35 PM
Hi folks,
I am on H1B visa currently, set to expire in two months from now (end of September). I need to get my H1B renewed for the next 3 yrs. Due to unavoidable reasons my lawyer has not been able to file for the renewal yet.
My questions are -
1. Do I need to have the approval notice before my expiration date?
Not necessary. It is enough that you file your H1-B renewal before expiration date. i.e. your H-1B renewal receipt date should be before your expiration date.
2. I plan to travel internationally in November. Would the receipt notice be acceptable to reenter? Or do I need the approval notice?
No, you cannot travel if your H-1B renewal is pending. You can only travel after you are approved. So, if you plan to travel and come back before your present H-1B expiry, you should not apply for renewal until you come back.
Any suggestions are most welcome. Thanks in advance.
DISCLAIMER: Do not take this as legal advice. Please consult your attorney.
I am on H1B visa currently, set to expire in two months from now (end of September). I need to get my H1B renewed for the next 3 yrs. Due to unavoidable reasons my lawyer has not been able to file for the renewal yet.
My questions are -
1. Do I need to have the approval notice before my expiration date?
Not necessary. It is enough that you file your H1-B renewal before expiration date. i.e. your H-1B renewal receipt date should be before your expiration date.
2. I plan to travel internationally in November. Would the receipt notice be acceptable to reenter? Or do I need the approval notice?
No, you cannot travel if your H-1B renewal is pending. You can only travel after you are approved. So, if you plan to travel and come back before your present H-1B expiry, you should not apply for renewal until you come back.
Any suggestions are most welcome. Thanks in advance.
DISCLAIMER: Do not take this as legal advice. Please consult your attorney.
h1vegas
07-24 06:27 PM
Hi
Please help me on this question
I was on F-1 Visa in 2003 I applied for the labor certification through a friend's company- call it Company- A, on the intention to to work in his company as a Network administrator. I got my labor approved and I -140 is approved too. The priority date is december 2003. All these years I was waiting for my priority date to become current.Currently I work for Company B with same job title and credentials. I have an H-1 from company B.
What do you suggest
1) Shall I go ahead and apply for the I 485 from company A (company A is willing to help). Can INS ask for the pay stubs? Becoz I never actually worked at my friend's company.
2) It will take 3-4 months for company B to finish doing my labor certification and apply for my I -140. But it would be too late for the priroty date. (It may retrogress).
3)I understand that once my current company's I -140 is approved i can request to keepo my previous priority date
what shall i do now in july/august.
you think i just go ahead and apply for I-485 and get the EAD card for me and my wife
Do i have to work for the company A later (I can do that)
What are the risk factors involved
Pls help me
Please help me on this question
I was on F-1 Visa in 2003 I applied for the labor certification through a friend's company- call it Company- A, on the intention to to work in his company as a Network administrator. I got my labor approved and I -140 is approved too. The priority date is december 2003. All these years I was waiting for my priority date to become current.Currently I work for Company B with same job title and credentials. I have an H-1 from company B.
What do you suggest
1) Shall I go ahead and apply for the I 485 from company A (company A is willing to help). Can INS ask for the pay stubs? Becoz I never actually worked at my friend's company.
2) It will take 3-4 months for company B to finish doing my labor certification and apply for my I -140. But it would be too late for the priroty date. (It may retrogress).
3)I understand that once my current company's I -140 is approved i can request to keepo my previous priority date
what shall i do now in july/august.
you think i just go ahead and apply for I-485 and get the EAD card for me and my wife
Do i have to work for the company A later (I can do that)
What are the risk factors involved
Pls help me
EndlessWait
12-07 03:07 PM
Hi
my wife has got H1 this year and
she wants to transfer to H4 as she got Ead and she
wants to use EAD .and still we didnt get AP.she wants
to leave to india in jan she dont have stamp in her
passport
if we apply now for the conversion of H1 to H4 can
she leave to india now and can i send that approval
letter to india then she goes to stamping in india.
is it possible. please suggest me
She can stay as "Pending AOS" and work on EAD. If you are worried about
keeping H status also. You can keep ur H1 if your primary. If anything happens bad with your GC , she can go out and come back on H4. Just switch her to EAD , get a job.
my wife has got H1 this year and
she wants to transfer to H4 as she got Ead and she
wants to use EAD .and still we didnt get AP.she wants
to leave to india in jan she dont have stamp in her
passport
if we apply now for the conversion of H1 to H4 can
she leave to india now and can i send that approval
letter to india then she goes to stamping in india.
is it possible. please suggest me
She can stay as "Pending AOS" and work on EAD. If you are worried about
keeping H status also. You can keep ur H1 if your primary. If anything happens bad with your GC , she can go out and come back on H4. Just switch her to EAD , get a job.
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