sidd_k2002
03-24 07:48 PM
If you are not sure if you will have a job till October 1st, 2009, you can ask your employer/lawyer to file your H1 under visa to be issued abroad category and NOT file a H1 Change of Status petition. In this case, your H1 status wont start until you go out of the country and re-enter after getting H1 visa stamped at a US consulate in your home country. This way, even if you get laid off, you can continue to stay and work here until you have a valid OPT and a job irrespective of whether your H1 is approved/revoked. But the drawback here is that, if you end up still being employed then you wont be able to start work on H1 till you re-enter with the H1 stamp. Hope this helps....
Roseball,
This is a very good alternative that you have suggested. Does this mean that i can have my full 12+17 months of my OPT, and my H1 will only start when i do the stamping in India. But in that case i would need to have the same employer at the time i enter correct? Also what if i want to change my employer after i have my H1 stamped while coming inside the country?
Thanks in advance.
Roseball,
This is a very good alternative that you have suggested. Does this mean that i can have my full 12+17 months of my OPT, and my H1 will only start when i do the stamping in India. But in that case i would need to have the same employer at the time i enter correct? Also what if i want to change my employer after i have my H1 stamped while coming inside the country?
Thanks in advance.
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ebizash
10-05 02:50 PM
Great!! It is very good for IV's and our future!
yagw
10-31 06:43 PM
I am planning to shift employers and I have a question:
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
Company A applied for my green card and I have an approved I-140, passed the 6 month mark and now planning to shift jobs on EAD. I have an offer from Company B with a condition that my offer would be permanent upon approval of my green card. I cannot work for company B till I physically have my GC. In the mean time can I work for Company C ( in a completely different field) till my GC gets approved without any issues?
To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).
1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.
2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.
3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.
Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.
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jthomas
10-04 05:13 PM
I got my visa stamping from mumbai conuslate. Its pretty easy. Take an appointment through VFS by getting a HDFC bank receipt after paying the fee. Check on the VFS site when is the available date. and then follow the link and book the appointment. You will get forms which are populated. If you have any mistakes in the form i think you can correct it at the mumbai consulate too. When you enter the consulate they will hand you the original form which you filled and then ask you to fill whatever you had missed out using your pen. you have to wait till your number calls out and then you get visa stamped and passport posted.
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wandmaker
12-18 11:41 PM
L1A visa, validity May 2008
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
when: after your 140 is approved and 180 days has passed since you filed AOS.
how: by notifying USCIS that you are availing AC21, use EAD to work for new employer.
EB 1 category
I-140 receipt date July 27, 2007 & I-485 receipt date July 27, 2007.
When and how can I excercise AC 21 portability
Do I need an EAD for this
when: after your 140 is approved and 180 days has passed since you filed AOS.
how: by notifying USCIS that you are availing AC21, use EAD to work for new employer.
transpass
08-04 11:17 AM
Hey, great example and at a good time.
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
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desighee
02-25 07:22 PM
** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B
** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1
** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140
** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485
Add many more, there are 101 ways to torture a non-immigrant.
** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)
** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1
** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140
** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485
Add many more, there are 101 ways to torture a non-immigrant.
** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)
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tonyHK12
04-27 01:05 PM
The antis regularly say that unathorized immigrants get a range of public benefits but don't pay any taxes. Not so. They're paying $8.4 billion a year in sales taxes and $1.2 billion in income taxes. And they don't get most public benefits. They get public schools for their kids and emergency rooms can't turn them away. That's pretty much it. In the mean time, a company that earned $14 billion in profits last year paid zero taxes.
More... (http://blogs.ilw.com/gregsiskind/2011/04/unauthorized-immigrants-paid-11-billion-in-taxes-last-year-ge-paid-non.html)
$1.5 Billion in income taxes, is the amount the 64,000 new H1bs pay every year and I assume a similar or larger sales tax.
Ok lets average $11 billion into 22 million illegals - A whopping contribution of $50 per head in income tax per year
I'm not even thinking of the remaining 500,000+ people in the legal employment immigration queue
More... (http://blogs.ilw.com/gregsiskind/2011/04/unauthorized-immigrants-paid-11-billion-in-taxes-last-year-ge-paid-non.html)
$1.5 Billion in income taxes, is the amount the 64,000 new H1bs pay every year and I assume a similar or larger sales tax.
Ok lets average $11 billion into 22 million illegals - A whopping contribution of $50 per head in income tax per year
I'm not even thinking of the remaining 500,000+ people in the legal employment immigration queue
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powerman
08-14 02:13 PM
I did it too and as long as you are with the same company doing the same job as you did when you originally started... GO FOR IT... BEC's are a big mess and they are here to stay... at least for another 2 years (this is just my prediction)
Hi Mike,
I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?
Thanks
Hi Mike,
I am with same company since I came (since 2000) and my current LC (RIR, EB3-India) pendng at PEBC, my PD is 06/16/03, I am about to file 8th H1 Ext, My Lawyer is not advising me to convert into PERM, can you suggest/refferer your lawyer?
Thanks
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Ram_C
12-06 12:11 PM
bump
EndlessWait,
nothing to worry about, it happened to me too,
I opened an SR and two weeks later my wife got FP and I didn't, I thought I'll wait for a week or two but in vain. When I gave a follow-up call I came to know that FP was scheduled at my Attorney's place (I live in west coast and I was scheduled to attend FP at ASC in East coast) and the twist is my attorney never received it.on top of it when I asked the Rep about possibility of scheduling an FP at my place she advised me to file AR-11 form, at this point it was very clear to me that Rep doesn't have a clue on what she is talking about. the very next day I was luck to get hold of nice rep who said I quote
" I don't understand why these people schedule FP at attorney�s location"
he apologized and said he will open an SR to reschedule at my location and he assured me that this time it will be at my location, which I got in couple of weeks.
Hope you will get your FP notice soon.
good luck:)
EndlessWait,
nothing to worry about, it happened to me too,
I opened an SR and two weeks later my wife got FP and I didn't, I thought I'll wait for a week or two but in vain. When I gave a follow-up call I came to know that FP was scheduled at my Attorney's place (I live in west coast and I was scheduled to attend FP at ASC in East coast) and the twist is my attorney never received it.on top of it when I asked the Rep about possibility of scheduling an FP at my place she advised me to file AR-11 form, at this point it was very clear to me that Rep doesn't have a clue on what she is talking about. the very next day I was luck to get hold of nice rep who said I quote
" I don't understand why these people schedule FP at attorney�s location"
he apologized and said he will open an SR to reschedule at my location and he assured me that this time it will be at my location, which I got in couple of weeks.
Hope you will get your FP notice soon.
good luck:)
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desibechara
08-02 11:21 AM
Well few comments:
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
So I guess I will have to really hunt someone who worked there. But I do remember that one of my friends who had worked abroad and showed experience abraod for LC was asked about the letter as RFE but in his reply he said he could not..and some time in march he got the approval..I guess he was lucky! That was the reason I thought I could..
Anyway for not to waste time in RFEs I might as well get the letter!
DB
- For LC you cannot use your current work exp...it has to be relevant prior one
- Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
- Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
- For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.
Thanks and take care
Best Regards,
So I guess I will have to really hunt someone who worked there. But I do remember that one of my friends who had worked abroad and showed experience abraod for LC was asked about the letter as RFE but in his reply he said he could not..and some time in march he got the approval..I guess he was lucky! That was the reason I thought I could..
Anyway for not to waste time in RFEs I might as well get the letter!
DB
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ivjobs
11-12 03:02 PM
I dont understand the meaning of this
Applicants who obtained their current visa in a country other than that of their legal residence.
The complete list is given below.
Who Cannot Apply in Mexico:
* Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
* Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
* Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
* Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
* Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
* Applicants who obtained their current visa in a country other than that of their legal residence.
* PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
Applicants who obtained their current visa in a country other than that of their legal residence.
The complete list is given below.
Who Cannot Apply in Mexico:
* Applicants for B1/2 visas, including renewals are not accepted from third country nationals who are not resident in Mexico.
* Applicants who entered the U.S. with a visa issued in their home country and changed status with Department of Homeland Security in the U.S. who seek a new visa in the new visa category
* Applicants who entered the United States in one visa category and are seeking to re-enter the U.S. in a different visa category.
* Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.
* Applicants who entered the U.S. under the auspices of the Visa Waiver Program.
* Applicants who obtained their current visa in a country other than that of their legal residence.
* PLEASE NOTE: If you were informed when you obtained the original visa in your home country that you are subject to National Security Entry Exit Registrations (NSEERs), are a national of North Korea, Cuba, Syria, Sudan or Iran, you are not eligible to renew your visa in Mexico.
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samcam
05-19 12:03 PM
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OLDMONK
06-18 06:55 PM
Remember, everthing copy. Nothing Original. don't send your original I-94, but a copy.
I think if affidavits of Marriage and Birth are submitted, those would have to be originals.
I think if affidavits of Marriage and Birth are submitted, those would have to be originals.
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Augphoto
March 4th, 2007, 04:49 PM
Must... hide... credit card... now..! :D
jilechty, I can hide that credit card for you!:)
jilechty, I can hide that credit card for you!:)
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veerkar
10-02 01:37 PM
You can apply. Depends on type of loan. May not require a cosigner also. Enjoy US free market economy.
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rockstart
10-18 12:31 PM
I have submited my FP all 10 fingers when I was working for my past employer which was a financial company dealing in Credit Cards business. They collect it when they issue badge as part of security and its a federal requirement for financial company. I am not sure if they maintain it internally or send it to FBI for storage does any one have any info?
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waitnwatch
07-11 12:18 PM
.....
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way......
Here I'm playing devil's advocate. What if the salary now falls below the market rate determined by DOL? I am sure that some of these fly-by-night operators are also some of the poorer paymasters.
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way......
Here I'm playing devil's advocate. What if the salary now falls below the market rate determined by DOL? I am sure that some of these fly-by-night operators are also some of the poorer paymasters.
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drak70
10-01 11:05 AM
USCIS treats g-28 form so seriously that always requires it in original. In the form is a column
=======
PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
NATURALIZATION SERVICE SYSTEM OF RECORDS:
(Name of Attorney or Representative)
THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
=======
Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you
I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS
I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS
============not a legal advice===========
=======
PURSUANT TO THE PRIVACY ACT OF 1974, I HEREBY CONSENT TO THE DISCLOSURE TO THE FOLLOWING NAMED ATTORNEY OR REPRESENTATIVE OF ANY RECORD PERTAINING TO ME WHICH APPEARS IN ANY IMMIGRATION AND
NATURALIZATION SERVICE SYSTEM OF RECORDS:
(Name of Attorney or Representative)
THE ABOVE CONSENT TO DISCLOSURE IS IN CONNECTION WITH THE FOLLOWING MATTER:
=======
Which is plain English is your authorisation under PRIVACY ACT OF 1974 for your attorney to represent you
I would assume that you send a certified letter/fax to an attorney telling him that you no longer represent him in any way under PRIVACY ACT OF 1974.period. with copy to USCIS
I think no attorney can continue to represent your interest once you tell him not to without proper authorisation.(it will invite sanction from the Bar and USCIS
============not a legal advice===========
saravanaraj.sathya
08-03 10:22 AM
Whtz if the previous employer who filed the GC revokes I-140...Is it possible to extend H1 for 3 yrs in this scenario also?
GCneeded
11-07 12:32 PM
Thank you everyone for the responses.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
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