vallabhu
09-10 10:04 AM
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application
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sri1309
02-11 07:48 PM
Guys,
I just wanted to see if I can make a point with my thread and hence gather some support for the common cause,. ease the pain for EB2/EB3 guys.
I started this thread a month back. So how many of you, or those you know, lost their jobs in the last one month. Just a study. And wanted to press on the same point as the 1st post I did.
If you had lost a job, would you do more now to high light our problems..and participate more.. ??
I just wanted to see if I can make a point with my thread and hence gather some support for the common cause,. ease the pain for EB2/EB3 guys.
I started this thread a month back. So how many of you, or those you know, lost their jobs in the last one month. Just a study. And wanted to press on the same point as the 1st post I did.
If you had lost a job, would you do more now to high light our problems..and participate more.. ??
dilipcpa
08-19 07:19 PM
My EAD is approved for 2 years last week, Today my attorney sent me I-140 reference answered is due by 1st Nov,
I will really appreciate your advise. My I-140 is filed for Accounting analyst.
My PD date is in Dec. 2006
As per Reference:
1) Please provide evidence (in the form of official academic transcript) of any additional education the beneficiary has obtained prior to Dec. 2006
2)The other one is for Company 's ability to pay and for my payroll records after PD to current. (This is not an issue as my firm is financially sound)
My I-140 is filed under skilled category, with 3 years eqiuvalent Bachelors degree, evaluated by degreepeople.
I have additional 2 years certification corses in business adminstration not considered by my attorney.
I will appreciate if some one can provide me better attorney to handle this case.
I will really appreciate your advise. My I-140 is filed for Accounting analyst.
My PD date is in Dec. 2006
As per Reference:
1) Please provide evidence (in the form of official academic transcript) of any additional education the beneficiary has obtained prior to Dec. 2006
2)The other one is for Company 's ability to pay and for my payroll records after PD to current. (This is not an issue as my firm is financially sound)
My I-140 is filed under skilled category, with 3 years eqiuvalent Bachelors degree, evaluated by degreepeople.
I have additional 2 years certification corses in business adminstration not considered by my attorney.
I will appreciate if some one can provide me better attorney to handle this case.
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SAPGURU
01-04 09:09 AM
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
more...
insbaby
02-04 07:44 AM
I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped “Certified True Copy” with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped “Certified True Copy” with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
Don't worry too much. H1Bs are not required to show proof to return to home country or at least the consulates won't worry too much about it. The care about your education, skills and their validity.
The visa is for work purpose and you will be out of status once it expires, and that will cause too much trouble if you overstatyed.
There is no "Certified True Copy", all of them have numbers taged and they can verify things internally.
Just take what you have been given by your employer/lawyer to the consulate, and you will get it without much headace.
Good Luck.
Don't worry too much. H1Bs are not required to show proof to return to home country or at least the consulates won't worry too much about it. The care about your education, skills and their validity.
The visa is for work purpose and you will be out of status once it expires, and that will cause too much trouble if you overstatyed.
There is no "Certified True Copy", all of them have numbers taged and they can verify things internally.
Just take what you have been given by your employer/lawyer to the consulate, and you will get it without much headace.
Good Luck.
Immigstories
01-21 06:56 PM
Gurus
Please share your thoughts on my question above.....
Please share your thoughts on my question above.....
more...
djsnug
06-10 09:28 PM
I think I'll secretly keep Phat7's image as wallpaper on my computer. The woman in there is absolutely beautiful! :D
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Green.Tech
09-17 11:45 AM
The answer to ur fulltime on H1 is NO...even a leave of absense wont help..as you are not a citizen..and every non citizen has to be on F1 if in FT program.....
Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)
if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...
been there...done that!
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
Will you still get paid when u are a full time student..if no..then ur employment visa is invalid without paystubs...dont u agreee..;-)
if you want to be on H1..u are better off pursuing a PT program!..if ur GC comes thru..switch to FT...
been there...done that!
pointlesswait,
I respectfully disagree with your comment on no full time MBA on H-1. I infact know this first hand as one of my friends finished his full time MBA on H-1. His company was nice enough to keep him on the payroll but gave him 2 yrs of leave of absence. He is now back working for the same company. The only down side to his approach was that he ended up losing 2 yrs of his H-1 but his goal was to come back and work for the same company, so he didn't care.
more...
Saralayar
08-13 11:02 AM
This thread should be deleted. Not related to our cause.
Time Pass thread... Just a break for world news...
Time Pass thread... Just a break for world news...
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deafTunes123
04-15 10:39 AM
Man....9 loong years....thats too long in this era for one employer. Congratulations on your GC Approval. I can clearly see the relief.
I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).
I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).
more...
aranya
01-15 11:32 AM
Granted the employer may not deduct the attorney fees post filing, does that also necessarily mean the employee should not be required to pay up front?
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Steve Mitchell
January 17th, 2005, 09:47 AM
Nice job Anders. 2,3,4 and 5 are the best of these I believe. You're exactly right about practice. The more you shoot the better you will get, as you are demonstrating. Patience and alertness are the key as well. When you can't control what's happening, you have to anticipate, and be alert to catch in when it happens. Shooting from the penalty box allows from some great shots. Be alert in there though. The first time I did that a puck whistled by myhead. Thank goodness I ducked and moved my head. Water from the ice was literally on my ear and the puck hit behind me. I would have hit me square in the head.
more...
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lskreddy
08-07 03:03 PM
I am a consultant and work for a client. My client wants to extend me a permanent offer and my consulting company that I presently work with would have no problems if I accepted the offer from the client.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
The company that I intend to do remote work for does not have presence in India. Cannot do L1 I think.
What are my options?
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
I am planning to work remote with the company's understanding that this would be for the long term. So, it may actually extend beyond 6 months with possible periodic visits. Both the company and I would like to see how the first six month goes.
Any other suggestions. If there are tax implications, I would appreciate some feedback.
Thanks for the service.
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furiouspride
08-14 09:56 AM
ok. Any other suggestions?.
are you scared of going to a lawyer and talking to him/her in person? i seriously wonder :) this is an online forum. are you going to base your decision depending on a few internet users' opinions? go find a good lawyer and get yourself that green card dude!
are you scared of going to a lawyer and talking to him/her in person? i seriously wonder :) this is an online forum. are you going to base your decision depending on a few internet users' opinions? go find a good lawyer and get yourself that green card dude!
more...
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wandmaker
08-03 11:04 AM
How often is finger printing required/asked for during the 485 process.
Thanks
485 is pending and 15 months has passed since the last FP, you will receive a new FP notice. If you efile your EAD, you will receive a FP notice to get a FP & picture, which is different from 485 FP.
Thanks
485 is pending and 15 months has passed since the last FP, you will receive a new FP notice. If you efile your EAD, you will receive a FP notice to get a FP & picture, which is different from 485 FP.
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hopefulgc
01-10 03:02 PM
good idea
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just act as if you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
Hi ALL,
Here is idea. It can happen to you next week, sorry, but its possible.
Lets say you lost your job next Friday (usually Fridays right). And getting your next job will take you another 6 months, if lucky.
What will you do. Will you start pressing a panic button to push for reducing EB2/3 backlogs. Will you write to Obama and team then?.
I know some of us are unfortunate to be in the situation, not me, but who knows??.
So, can we just imagine to be in such a situation and bring more and more attention to the new goverment. Just act as if you lost your job and in despair.
Start writing. Dont just dream for the 11th or 13th for VB dates. Lets put some action.
Sorry if I sound depressing, but lets act before its too late..
more...
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hopefulgc
09-16 10:21 PM
fulltime mba would have to be on F1 AFAIK. There is a detailed talk from attorney rajiv khanna's site about this. Please search on immigration.com
Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
Hi All,
I am on H1 (beginning of my second 3 yr term on H1), EB2labor pending ( two US MS degrees in engineering) & I would like to apply for a full time MBA to NYU .
I would like to know if this is possible while being on H1. I know i can apply for a part time program.. but I would like to pursue a full time MBA or would I have to convert to a F1 ?..
How about pursuing a full time MBA with EAD ( 485 PENDING)
I would like to plan for a future scenario, as I would definitely want to pursue a MBA. Can you guys shed some light on this topic ?
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setpit_gc
08-15 11:22 PM
Thanks for the replies. I am going to consult with an Attorney.
I wanted to get other valuable opinions.
I wanted to get other valuable opinions.
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baburob2
05-25 05:59 PM
genearlly you could have it renewed 1 year before.
sbmallik
05-29 10:15 AM
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
24fps
02-23 11:05 PM
hmmn, i am seeing a HUGE jump in H1b cancellations in this forum, maybe there should be a separate thread dedicated to the cancellations so we can deduce some pattern or trend.
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