roseball
02-28 04:33 PM
Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
#1: I am working for Company A (current company). My GC processing details (with current company):
1. Labor Approved.
2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
3. I-485 - NOT filed
#2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).
I want to change job and join Company B (new company) for excellent offer and life long stability.
As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?
Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved
B. Yes, new company can start a new PERM and port your earlier PD during I-140 process
C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.
Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)
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Beta_mle
02-20 07:28 AM
^ ^ ^
Bump.
Anyone?
Bump.
Anyone?
rp0lol
08-26 01:30 PM
Also, keep in mind that sometimes you don't get your passport back in time for H1 stamping. So, if you are stuck without passport then .....(you know the rest)
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gcnirvana
03-30 03:36 PM
You should be fine. We travelled one month after I switched employers using the AP I got while working for the old employer. No questions asked. But do carry all supporting documents and if asked about current employer, tell him the truth that you switched employers. Don't hide anything. Good Luck!
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
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psam
08-26 04:17 PM
Hello all,
It appears that my green card is lost in mail.
My spouse received her 10 days back. Our 485 was approved on same day, so I think mine must be lost.
I will wait for another couple of days for it to appear. Meanwhile I had few questions
1. What is the process to getting a duplicate?
2. If I just get GC stamped on my passport, will I be able to transit from Paris or London airport?
It appears that my green card is lost in mail.
My spouse received her 10 days back. Our 485 was approved on same day, so I think mine must be lost.
I will wait for another couple of days for it to appear. Meanwhile I had few questions
1. What is the process to getting a duplicate?
2. If I just get GC stamped on my passport, will I be able to transit from Paris or London airport?
dionysus
01-16 07:53 PM
Earlier, INS used to be very lenient with H1B transfer without current paystubs. I know of cases where people got H1 transfered without having paystubs for more than a year!
However, seems like of late CIS has woken up to the shady practices of H1 consultant body shops, and is aware of the fact that many consultants are living in this country without working and without paystubs. So they are becoming more stringent with regards to paystub evidence.
I also have a feeling that most such requests are coming from Vermont service center where many H1 petitions are hanging.
To answer your question, in the absence of any paystubs, prepare a nice letter to CIS explaining the situation, and then leave it to your destiny. US immigration processes like H1 and GC always had an element of chance in it. It is always helpful to be ready for any eventuality in such a dicey game.
However, seems like of late CIS has woken up to the shady practices of H1 consultant body shops, and is aware of the fact that many consultants are living in this country without working and without paystubs. So they are becoming more stringent with regards to paystub evidence.
I also have a feeling that most such requests are coming from Vermont service center where many H1 petitions are hanging.
To answer your question, in the absence of any paystubs, prepare a nice letter to CIS explaining the situation, and then leave it to your destiny. US immigration processes like H1 and GC always had an element of chance in it. It is always helpful to be ready for any eventuality in such a dicey game.
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Joybose
08-14 02:58 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
Hey, which service center, Texas or Nebraska.
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Soul
06-12 07:32 PM
lol you really want it? :P
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swamy
01-02 12:57 PM
I am from ATL
eduction evaluation done by a prof from GA sate university
and my transcripts.
Spend some money and get your credentials evaluated by a professional organization - you should be able to locate one online. Some prof giving his opinion wont cut it with USCIS.
eduction evaluation done by a prof from GA sate university
and my transcripts.
Spend some money and get your credentials evaluated by a professional organization - you should be able to locate one online. Some prof giving his opinion wont cut it with USCIS.
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marblerock
06-11 12:32 PM
Mr. Sanju,
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
Please feel free to influence any bill any way you please. Seems like you are in cotrol of your destiny. When you point that SELFISH finger at the IV core, also look at the three fingers pointing back at you.
The IV position on the pertinent amendments already discussed on the floor is on the the front page of the website.
If your are privy to the amendments being negotiated behind the scenes, please be kind and share the information with us. None of us has any information on these and as such cannot take a position.
In my opinion you are asking for it. If everyone was not fatigued from last week, your allegedly disappearing thread would be flaming out pretty fast.
We are all aware of what going on at the Senate floor and also about the ammendments that put forth on the floor. So my question is clear anc simple what ammendment is supported by CORE IV and what are we looking for.
Because the passing of the current version of the bill will effect all the old cases which many people are in and I wont allow that to happen. I will try my best to avoid this situation to happen. Even though i have a MAster in engineering I will not support SKIL progran that will void the previously pending cases. Good try core IV yto make member to work towards the betterment of few people You know what such people are called" SELFFISH". Guys beware on whaT ACTIONS YOU ARE DOING SO THAT YOU WONT REPENT.
Please feel free to influence any bill any way you please. Seems like you are in cotrol of your destiny. When you point that SELFISH finger at the IV core, also look at the three fingers pointing back at you.
The IV position on the pertinent amendments already discussed on the floor is on the the front page of the website.
If your are privy to the amendments being negotiated behind the scenes, please be kind and share the information with us. None of us has any information on these and as such cannot take a position.
In my opinion you are asking for it. If everyone was not fatigued from last week, your allegedly disappearing thread would be flaming out pretty fast.
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punjabi
03-16 04:26 PM
I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
Hi,
.... Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC
......
Please let me know if all the above assumptions are correct.
On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)
On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.
I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.
If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.
Let go of the negativity. Do it.
Good luck.
Hi,
.... Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
Job Description on offer letter? should match word to word with LC
......
Please let me know if all the above assumptions are correct.
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xbohdpukc
09-25 02:52 PM
Because there is little certainity about the Green card many people hesitating to buy houses. There is good chance that the housing market will definitly improve if the Green card waiting period decreases.
you are kidding, right? According to the latest figures the number of houses in the market is about 3.5 millions, which amount to 7 months of housing supply. Even if tomorrow DOL will process all its backlog of 180K applications and INS issue pending however-many-GC applications pending (I believe I heard a # of 500K including those 180K they are expecting to get from the DOL) it won't affect the housing market a bit.
you are kidding, right? According to the latest figures the number of houses in the market is about 3.5 millions, which amount to 7 months of housing supply. Even if tomorrow DOL will process all its backlog of 180K applications and INS issue pending however-many-GC applications pending (I believe I heard a # of 500K including those 180K they are expecting to get from the DOL) it won't affect the housing market a bit.
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ujjvalkoul
01-18 11:19 AM
Mine was at Texas Service Center.
I guess they have morons working all over. I cannot understnad how anybody in his/her right senses can make such a blatant mistake.
I guess they have morons working all over. I cannot understnad how anybody in his/her right senses can make such a blatant mistake.
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sury
11-08 09:19 AM
Many thanks for the information
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arihant
10-26 08:20 AM
Hi guys,
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
a) is it possible to transfer now?
b) how long will the transfer take?
Thanks a lot for your advice/information :)
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snathan
01-22 04:22 PM
Hi,
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
Whats the reason for denial...
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
Whats the reason for denial...
more...
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cdeneo
04-02 10:41 PM
I have a somewhat tangent but related question that I could not find a definite answer to while searching thru the various threads here -
What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.
Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?
Any insight into how to tackle this would be very helpful. Thanks!
What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.
Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?
Any insight into how to tackle this would be very helpful. Thanks!
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abe1
01-06 09:18 AM
I understand that this bill many not pass or even move any forward. I thought two senior senators from both parties showing interest in this topic is a great opportunity for IV to present our case in a different light. We have been clamoring about the difficulties we are facing because of the present delay in green card processing. Unfortunately this is only our problem and no one else really has to be bothered about it. If we present our case in a mutually beneficial point of view perhaps some of the politicians will have little more interest in our situation. Remember JFK�s famous words��Ask not what the country can do for you�.� If we write to Senators Kerry and Lugar now, even if the bill does not pass, they will consider our situation slightly differently next time CIR or another immigration bill is introduced in the congress. I think IV ought to present our case in all different angles possible rather than the one way approach of expecting mercy in our situation. Most importantly, I think the premise of the proposed Kerry/Lugar bill is very much applicable the folks in IV. Aren�t many people in this forum waiting for an opportunity to do some business on their own? That is how new immigrants in America have always been. We shouldn�t be any different. I am sure we cannot bring in the capital that senators are looking for. But why don�t they view us slightly differently?
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e-sarbak
09-24 04:08 AM
all of them are very well
foobar2001
03-10 11:07 AM
My 485 got approved 3 months back. Once the status showd "Card Production Ordered". Then changed to "Post Decission Activity". I received the Welcome lettter that i have been grnated permanent resident statusI called USCIS some 45 days back. They mentioned the card has been mailed and file another I-90 mentioning my card is lost. I told them i have not received it at all and asked why i need to spend money and file I-90 again when i did not receive it at all. They said file I-90, thats all. I took infopass appointment. The IO at infopass gave same answer. We mailed the card, its lost, we did not receive it back, file I-90.
I asked if my EAD is valid until i get the green card. The officer asked if he can see my EAD. I had both me and my wife's EADs in a cover and gave both to him. Once he took it, he said he cannot give it back. I asked what should i do now and how should i show my status/ work authorization. He said your only option is to file I-90. Come back after filing I-90 and submitting fingerprints, then we will stamp on your passport. I have been cornered.
I have never missed a single mail. When i mentioned same in the post office, they said its absurd when i receive all mails except the card and that something is wrong with the sender. USCIS is making some blunder in sending the cards and forcing people to spend money and go through the hassle of applying for a new one. They dont check any further information other than bluntly saying "We mailed it, we have not received it back". Such important documents should have a tracking number so that we know that they have actually mailed. There is no way to know if they really mailed it.
Seen this? Seems like USCIS is starting to track delivery confirmation for important docs via USPS (not sure since when though):
MurthyDotCom : Secure Mail Initiative for Green Cards and EADs (http://murthy.com/news/n_secmal.html)
I asked if my EAD is valid until i get the green card. The officer asked if he can see my EAD. I had both me and my wife's EADs in a cover and gave both to him. Once he took it, he said he cannot give it back. I asked what should i do now and how should i show my status/ work authorization. He said your only option is to file I-90. Come back after filing I-90 and submitting fingerprints, then we will stamp on your passport. I have been cornered.
I have never missed a single mail. When i mentioned same in the post office, they said its absurd when i receive all mails except the card and that something is wrong with the sender. USCIS is making some blunder in sending the cards and forcing people to spend money and go through the hassle of applying for a new one. They dont check any further information other than bluntly saying "We mailed it, we have not received it back". Such important documents should have a tracking number so that we know that they have actually mailed. There is no way to know if they really mailed it.
Seen this? Seems like USCIS is starting to track delivery confirmation for important docs via USPS (not sure since when though):
MurthyDotCom : Secure Mail Initiative for Green Cards and EADs (http://murthy.com/news/n_secmal.html)
desi3933
05-14 01:33 PM
H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
http://www.murthy.com/news/n_cosapp.html
Thanks..
Well, you didn't mention in your original post that COS date is 01/10/2009 and I assumed that COS date was date of approval.
In this case, yes your H1 COS is approved with deferred change of status date of Oct 1st. And Hernandez Letter does cover such scenario.
However, please keep this mind (mentioned in that link)
This analysis was provided by the USCIS in the form of letter guidance. Such guidance does not carry the binding force of law or regulation and generally is given less weight than even a USCIS policy memo.
Since when you come back you will have different I-94 number as compare to I-94 number on COS approval letter. This can cause explanation/issues down the line. Please consult your attorney and have professional advice.
Hernandez Letter does not have binding force of law. This is something difficult to ignore for me. But, that's just me.
______________________
Not a legal advice.
US citizen of Indian origin
.
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