Dhundhun
04-22 02:35 AM
Anyone facing problem with e-filing also?
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nishant_u
03-15 07:00 PM
I am currently employed by a large US-based multinational firm on an H-1B visa. My 6 year limit on H1 expires on Nov 27, 2011.
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
dealsnet
09-23 10:48 AM
Sorry to hear about your arrest. Are you staying with her in same house or separate house?. If you live in separate house, why you went there, if you have divorce case is pending.? You need to be careful.
Is this RFE is generated because of your wife reported your case to USCIS ?
Do you inform USCIS about your divorce proceedings ?
You can inform them all details with this RFE. You are victimised and all...
Gather all evidence to show your innocence.
Is this RFE is generated because of your wife reported your case to USCIS ?
Do you inform USCIS about your divorce proceedings ?
You can inform them all details with this RFE. You are victimised and all...
Gather all evidence to show your innocence.
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cr125rider
04-24 10:40 PM
I like how it is really 2, quite different from the rest
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martinvisalaw
12-16 05:14 PM
i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.
You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
No, but you cannot use that I-140 to get another H-1B extension.
pls. note that I-485 is not filed, so i cannot invoke AC-21.
You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.
You are only eligible for a 3-year extension (assuming you have less than 3 years left of your initial 6-year stay) if your I-140 is approved AND your priority date is backlogged.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
No, but you cannot use that I-140 to get another H-1B extension.
pls. note that I-485 is not filed, so i cannot invoke AC-21.
You are using AC21 for the 3-year extension, just not the 485 portability section of AC21.
veni001
05-11 05:39 PM
Gurus,
I have labor pending from a State A, now my employer is asking me to move to State B. However, my employer is willing to keep alive, labor process from State A and is also ready to file new labor from State B. Question is if labor A gets approved and if I apply I-140 on that labor, do I have to reapply I-140 for labor B, once labor B gets approved or I can use the same I-140?
Help is appreciated.
Thanks
Whether it is LCA for H1 or PERM labor for GC it is location specific, unless one filed(or able to file) AC21 after July '07 fiasco, you need to have labor to a specific job to the specific location you will be working.
Either job or the location changes you need to start allover again, in some cases you can recapture (or port) your priority date.
I have labor pending from a State A, now my employer is asking me to move to State B. However, my employer is willing to keep alive, labor process from State A and is also ready to file new labor from State B. Question is if labor A gets approved and if I apply I-140 on that labor, do I have to reapply I-140 for labor B, once labor B gets approved or I can use the same I-140?
Help is appreciated.
Thanks
Whether it is LCA for H1 or PERM labor for GC it is location specific, unless one filed(or able to file) AC21 after July '07 fiasco, you need to have labor to a specific job to the specific location you will be working.
Either job or the location changes you need to start allover again, in some cases you can recapture (or port) your priority date.
more...
Jaime
09-13 01:57 PM
Simple answer to so many questions..."Should I attend the rally?" "will this make a difference?" "Will I have to make up my day off?"..etc! No matter what your questions are, here's the answer: JUST COME! Come on guys! We need you! Please come and help, we wouldn't ask if your presence weren't so important!!! We ask because we know this will greatly benefit you!
Do it out of moral convictions. ATTEND BECAUSE IT'S THE RIGHT THING TO DO!!!
Do it out of moral convictions. ATTEND BECAUSE IT'S THE RIGHT THING TO DO!!!
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nixstor
09-07 10:04 PM
3/4th of U S A sleeping :)
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needhelp!
10-16 01:07 PM
second that!
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fall1998
05-17 09:12 PM
Is everyone getting approval without case being transferred to other service centers?
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waitin_toolong
10-14 03:53 PM
there were some cases that were 'approved' in June/July but the approvals are being mailed now.
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CRAZYMONK
03-18 02:44 PM
If that is the case, why don't you opt for 1 and not go for stamping? Indeed you don't need to if you are planning to use AP.
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ram006
07-16 09:01 PM
Hi,
My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-
My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?
My main concern is on her status, any input will be greatly appreciated.
Thank you.
My wife's 485 is rejected with the following reason "The application/petition was filed on the outdated version of this form". The rejection notice has a receive date of July 1st 2010 and a LIN number. Now the problem-
My 485 was approved on July 8th, 2010 and I received a "Welcome to USA" notice on July 12th. My H1 has expired on July 14th, 2010 along with wife's H4 and our I-94's. We applied for both the H extensions in may. Now if we resubmit the 485 with the new application will the USCIS honor the July 1st receive date?
My main concern is on her status, any input will be greatly appreciated.
Thank you.
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PHANI_TAVVALA
11-11 11:07 AM
F1 requires a intent of non-immigration. By filing I-140 you already showed intent to immigrate (labor approval alone will not be considered intent to immigrate). You will not be able to get COS to F1 from H1B. Even if USCIS grants your COS by mistake you will have hard-time getting a VISA at an American Embassy.
more...
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Sincerely_aj
03-31 09:00 AM
So it looks like I have 2 independent questions:
1. Can an H1B be transferred to a new company once the H1B holder is in their 6+ year?
2. Can one port their EB3 case to EB2 with a new employer?
After reading around in forums, the answer for question 2 seems to be Yes and with some successful examples.
What is still not clear is questions one.
Any help please?
Thank you
1. Can an H1B be transferred to a new company once the H1B holder is in their 6+ year?
2. Can one port their EB3 case to EB2 with a new employer?
After reading around in forums, the answer for question 2 seems to be Yes and with some successful examples.
What is still not clear is questions one.
Any help please?
Thank you
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hoolahoous
11-09 02:43 PM
not a lawyer so take this with grain of salt.
she need to request her passport back and can travel back on AP if it is urgent.
she need to request her passport back and can travel back on AP if it is urgent.
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PDOCT05
10-01 02:55 PM
But mine is not. Applied thru the same lawyer on 3rd july. anyone else whose checks were cleared or seen any activity at all.....
Wait..wait...wait..until u r turn comes ...:)
Wait..wait...wait..until u r turn comes ...:)
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nhfirefighter13
June 10th, 2004, 10:23 PM
last ones...I promise. :) ....for now, that is.
The sunset is a really old photo I took when I was probably about 10 yrs old that I scanned in a couple of years ago.
The sunset is a really old photo I took when I was probably about 10 yrs old that I scanned in a couple of years ago.
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lost
09-22 08:36 AM
is this really true?
aguy
03-26 02:04 PM
xtronics,
Thank you for making it clear. I sent my I-140 towards the end of july, the receipt date is aug 6th. The case got transferred to TSC and then back to NSC on October 8th.
Thank you for making it clear. I sent my I-140 towards the end of july, the receipt date is aug 6th. The case got transferred to TSC and then back to NSC on October 8th.
ssksubash
02-16 06:19 PM
HI,
I am in my 7th yr extension of H1B, last time I got the stamping in Ottawa in 2005. I cam e into US on F1 and never got H1B stamping in India. Am I eligible for H1B stamping in Canada for my 8th year or should I go to India to get the stamping done.
Any information is greatly appreciated.
Thanks,
I am in my 7th yr extension of H1B, last time I got the stamping in Ottawa in 2005. I cam e into US on F1 and never got H1B stamping in India. Am I eligible for H1B stamping in Canada for my 8th year or should I go to India to get the stamping done.
Any information is greatly appreciated.
Thanks,
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