Since1997
09-28 04:18 PM
..........
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jsd123
04-21 09:42 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
vselvam
05-17 03:43 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
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determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
more...
hpandey
11-26 01:57 PM
Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
Yeah its frustrating everyone waiting for a GC .. I think doing something is better than nothing. Go with your spouse. Who knows things might take a turn for the better.
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.
Yeah its frustrating everyone waiting for a GC .. I think doing something is better than nothing. Go with your spouse. Who knows things might take a turn for the better.
Blog Feeds
09-28 12:40 PM
Andrew Sullivan, uber-blogger and one of the country's most influential political pundits warns that our paralyzed immigration system is at a point where it is harming our economic security: The legal immigration system - the same one that has kept me in limbo for a quarter of a century - is reaching a breaking point. Skilled immigrants are returning home to the more fertile opportunities in China and India because America makes it almost impossible for talented immigrants to move here: "What was a trickle has become a flood," says Duke University's Vivek Wadhwa, who studies reverse immigration. Wadhwa projects...
More... (http://blogs.ilw.com/gregsiskind/2009/09/andrew-sullivan-immigration-system-at-a-breaking-point.html)
More... (http://blogs.ilw.com/gregsiskind/2009/09/andrew-sullivan-immigration-system-at-a-breaking-point.html)
more...
smuggymba
09-28 11:59 AM
Check this out -
http://immigrationvoice.org/forum/forum105-immigrant-visa/568161-h1-visa-stamping-old-company-vs-new-company.html
I posted this and Elaine (an attorney) helped me out. This might apply to you as well. No need for stamping.
http://immigrationvoice.org/forum/forum105-immigrant-visa/568161-h1-visa-stamping-old-company-vs-new-company.html
I posted this and Elaine (an attorney) helped me out. This might apply to you as well. No need for stamping.
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CrewNYC
09-25 01:31 PM
wow that was quick, can I see it somewhere?
Thanks!
Andrew
Thanks!
Andrew
more...
imcdude
04-19 03:28 PM
uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.
Sorry to hear that dude.
Name Check as such is a nightmare(I'm stuck there) but to go thru it for more than 2 years and then redoing it is ATROCIOUS!
Please write a letter to the First Lady.
Also Please write to the USCIS director Emilio Gonzalez and also to your senators.
PM me if u need any info.
Sorry to hear that dude.
Name Check as such is a nightmare(I'm stuck there) but to go thru it for more than 2 years and then redoing it is ATROCIOUS!
Please write a letter to the First Lady.
Also Please write to the USCIS director Emilio Gonzalez and also to your senators.
PM me if u need any info.
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cygent
01-26 07:16 PM
Consider filing a complaint with AILF. But do so at your discretion, as relationships are also *VERY* important in these matters. Better not to burn to many bridges.
more...
snvlgopal
06-16 01:35 AM
Thanks Milind70 & x1050US, In my case my wife's I94 is expired in Feb13, we filed for the h4 extension on Jan17 and she left US in May before her h4 is approved, can she still go for the VISA stamping with out the new H4 approval document (FYI i got my h1 approval notice and also stamping is done in India,Chennai )
Thanks
Thanks
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jamesingham
05-29 10:16 AM
As far as I know, nothing that is being considered in the Senate is going to relieve the Green Card backlog.
They have plans to eliminate the backlog in 5 to 8 years not immediately. So if one chooses not to re-apply under the new point based system, waiting time doesnt change much for him. (It may be become worse because they are cutting down immigrant visas in EB category from 130k to 90k)
But if one decides to re-apply under the new point based system, things may become faster.
I am hoping that under the new system, they will give some priority to people who already waited for a significant amount of time under the old system.
This is just my analysis based on the articles I read on the internet and the bill text itself.
They have plans to eliminate the backlog in 5 to 8 years not immediately. So if one chooses not to re-apply under the new point based system, waiting time doesnt change much for him. (It may be become worse because they are cutting down immigrant visas in EB category from 130k to 90k)
But if one decides to re-apply under the new point based system, things may become faster.
I am hoping that under the new system, they will give some priority to people who already waited for a significant amount of time under the old system.
This is just my analysis based on the articles I read on the internet and the bill text itself.
more...
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bathuzp
12-09 04:21 PM
thank you very much for your reply.
I just have one more question, i also have my I-485 filed. We have given our fingerprinting tests but there has not been further progress. But would these double receipts have any effect on my I-485 process?
Thanks
I just have one more question, i also have my I-485 filed. We have given our fingerprinting tests but there has not been further progress. But would these double receipts have any effect on my I-485 process?
Thanks
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kanshul
02-08 09:39 AM
At this time there is no certainity.At the rate in which dates are moving in EB2 India (1 month move in a year) your PD will be current after 10 years. You may not even consider coming here then.
More realistic is the situation when illegal will get amnesty and legals may be put ahead of line.
Also the window may be as little as 30 days like in July 2007 as long as anytime (say someone with PD 2003 in EB2 --any time in the future)
I do wish you all the best.
More realistic is the situation when illegal will get amnesty and legals may be put ahead of line.
Also the window may be as little as 30 days like in July 2007 as long as anytime (say someone with PD 2003 in EB2 --any time in the future)
I do wish you all the best.
more...
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nik.patelc
04-08 01:08 PM
How long it take (in terms day) to receive actual RFE mail notice after LUD status update online about RFE?
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Macaca
09-14 12:00 PM
/\ /\ /\
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gc_aspirant_prasad
11-14 08:00 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
One number for you : "300" !
800k will make majority jumping and fighting.
what is real number again??
One number for you : "300" !
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bayarea07
07-22 08:12 PM
Hello,
Wondering if anyone has a ecommerce online retail business , would be wonderful to exchange ideas and help each other.
Please PM Me.
Note - I DO NOT IN ANYWAY INTEND TO GET CONNECTED WITH AMWAY FOLKS,Amyway guys please excuse.
Wondering if anyone has a ecommerce online retail business , would be wonderful to exchange ideas and help each other.
Please PM Me.
Note - I DO NOT IN ANYWAY INTEND TO GET CONNECTED WITH AMWAY FOLKS,Amyway guys please excuse.
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dskhabra
10-19 01:33 PM
It is not related to H1B stamping but...
I just wanted to share my experience for my parents visitor visa appointment. I was trying to get appointment in Punjabi at Delhi. I tried it for 3 months but dates were always unavailable. Finally found some guy back in India gave him Rs 2500 and got the appointment in a couple of days....I was surprised at this....I know this is not right way but I had no other option
I just wanted to share my experience for my parents visitor visa appointment. I was trying to get appointment in Punjabi at Delhi. I tried it for 3 months but dates were always unavailable. Finally found some guy back in India gave him Rs 2500 and got the appointment in a couple of days....I was surprised at this....I know this is not right way but I had no other option
usmo
01-06 07:53 PM
I had worked for company A with H1 B status and company A had decided to downside their facility in CA. I had to look for different employer because I wanted to remain in CA. I had found company B after few months of search and had applied for H1 transfer. I am currently working for company B with a pending status. I had been asked from USCIS after filing for H1-b transfer to prove last employment and provide proofs for last three months pay records which I don't have in hand. I still have good relationship with former employer A. My H1-b from company A hasn't been removed eventhough I haven't worked for them for last few months. Is there any way to answer USCIS requirement.
Can I apply for new H-b visa instead? Can I apply for transfer and new H1-b in the same time? do I have to leave the country for that? I have til march to answer USCIS, if it doesn't work out, is H1-B quota reached for master's for this year?, Do I have to wait long time when apply for new H1-B? Thank you for your help and advice.
Can I apply for new H-b visa instead? Can I apply for transfer and new H1-b in the same time? do I have to leave the country for that? I have til march to answer USCIS, if it doesn't work out, is H1-B quota reached for master's for this year?, Do I have to wait long time when apply for new H1-B? Thank you for your help and advice.
wonderlust
07-18 05:19 PM
Opps, I didn't mean to post the same message 2 times. I must have pressed a wrong key.
Sorry!
W
Sorry!
W
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