sam_hoosier
01-02 03:25 PM
I have got extension on my H1 after completing 6 years.
My wife has been on H4 till now.
Is she eligible to get a new H1?
Yes, as per the new guidelines time spent on H4 does not count towards H1.
My wife has been on H4 till now.
Is she eligible to get a new H1?
Yes, as per the new guidelines time spent on H4 does not count towards H1.
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deecha
06-18 02:02 AM
Hi,
My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.
My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.
If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?
Any one, Please kindly give your suggestions.
Thanks
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.
My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.
If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?
Any one, Please kindly give your suggestions.
Thanks
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
VivekAhuja
06-20 07:09 PM
Yes....you can do all those.... even though I cannot see a DESPERATE reason to "shift" to H1-B or to be in the country on H1-B when your actually work status is infact H1-B (even if enetered on AP) and your immigration status is parolee.
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forgerator
02-12 11:25 AM
if your employer is ok with the arrangement , why not?
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jscris
July 18th, 2004, 10:43 AM
Nice! I think I like the second better, too.
kanshul
05-11 07:21 AM
You have the wrong link..
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chanduv23
09-17 01:35 PM
I saw those guys in the situation room. I will look like their grandfather.:mad:
Leo Tolstoy
Mahatma Gandhi
Roosevelt
Lincoln
Everyone looked old - but they were great, they are in every child's text books, bridges are named after them, countries declare national holidays for their birthday
So Andy - yes - you will very much be assimmilate so no worries :)
Leo Tolstoy
Mahatma Gandhi
Roosevelt
Lincoln
Everyone looked old - but they were great, they are in every child's text books, bridges are named after them, countries declare national holidays for their birthday
So Andy - yes - you will very much be assimmilate so no worries :)
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p1234
02-17 07:52 PM
Congrats!
Was your service center Nebraska or Texas?
Was your service center Nebraska or Texas?
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bach007
08-21 10:15 PM
It's not cheating. The August 16 date is the Processing Up-date, not the posting date.
Check this out on header:
Service Center Processing Dates for Nebraska Service Center Posted August 16, 2007 ;)
Check this out on header:
Service Center Processing Dates for Nebraska Service Center Posted August 16, 2007 ;)
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pd_recapturing
09-24 10:06 AM
My app was received by NSC on 24th July and looks like NSC is processing August apps. Even, if my app got transferred to TSC, it should have been processed by now according to USCIS report on RN processing. I am not sure, what to do ?
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krishna.ahd
03-26 04:25 PM
These folks are most likely doctors...doctors salaries are in that range.
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patiently_waiting
06-18 07:17 AM
Thanks for your reply.
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ivorycard
02-06 02:28 PM
I will be promoted shortly as a Manager. My GC was applied as Programmer Analyst for the same company. When contacted the company attorney informed that it is not a problem, since 6 Months has been completed.
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abhi2001
02-24 02:54 PM
Thanks Jerrome for the quick reply.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
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pom
04-28 04:47 PM
I changed it, but all it does for me is reload the page (???).
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snathan
02-25 10:58 AM
They normally will give time to pack up. Last month one of my friend's colleague got rejected (I also knew her) and they give her 10 days to pack up. She is working for HP and she moved back to India.
Even if you want to try transfer, you can do but you will have to go out of the country and get stamping and come back. Since you are not in status they wont extend the I-94 rather they will approve the extension.
Even if you want to try transfer, you can do but you will have to go out of the country and get stamping and come back. Since you are not in status they wont extend the I-94 rather they will approve the extension.
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qualified_trash
08-30 12:05 PM
When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
You are right. The issue is which is more important, the academic studies or the working experience.
And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.
If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.
cheers,
QT
Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
You are right. The issue is which is more important, the academic studies or the working experience.
And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.
If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.
cheers,
QT
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meghanap2000
09-09 03:35 PM
This is the always problem with USCIS in porting PD. In my case they have put PD as 485 application received date. The only solution to this is ..Keep your attorney in the loop and ask them to send letters repeatedly and call the customer service center repeatedly..
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
Once your dates are current, please keep calling them and follow up thru AILA and congressman and senators office etc..This task can be done by your attorney also.
There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.
Once your dates are current, please keep calling them and follow up thru AILA and congressman and senators office etc..This task can be done by your attorney also.
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manjunathpv
09-21 01:11 PM
Thanks Raj. Is interfiling request just a one page letter to USCIS or anything more involved? I presume you also did the priority date porting at the same time.
GoneSouth
08-11 09:12 AM
She needs her own I-797 showing transfer of the H-4, doesn't she? Whenever I changed companies, all my dependents got I-797s as well, and we had to present these at border to get new I-94s.
horscorp
02-06 08:29 PM
Ann,
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
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