veritas1
10-16 01:56 PM
My Situation is like this
1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
What are my chances of getting Approval for transfer?
If your I94 has now expired, Company A�s petition would have to be approved first in order for you to safely port to Company B.
INA 214(n) says you need to file a �nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General.� Conservatively, this means prior to the expiration of your I94. The 240 day rule only gives work authorization, not status.
If you start working for Company B upon the filing of their petition while Company A�s petition is pending, Company B�s petition may get approved for consular processing (with a gap in nonimmigrant status from the I94 expiration until the date of adjudication) if Company A�s petition is withdrawn or denied at any time until the adjudication of Company B�s petition.
1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
What are my chances of getting Approval for transfer?
If your I94 has now expired, Company A�s petition would have to be approved first in order for you to safely port to Company B.
INA 214(n) says you need to file a �nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Attorney General.� Conservatively, this means prior to the expiration of your I94. The 240 day rule only gives work authorization, not status.
If you start working for Company B upon the filing of their petition while Company A�s petition is pending, Company B�s petition may get approved for consular processing (with a gap in nonimmigrant status from the I94 expiration until the date of adjudication) if Company A�s petition is withdrawn or denied at any time until the adjudication of Company B�s petition.
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StuckInTheMuck
08-12 08:27 PM
If you e-file EAD renewal, you will get FP notice. To avoid it, paper-file your renewal.
roseball
04-13 05:45 PM
Masters degree is considered an advanced degree.....not bachelors....
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funny
07-26 02:09 PM
I agree.
Please change the title, Its going to scare hell out of a lot of people. It centainly did the trick for me.
Please change the title, Its going to scare hell out of a lot of people. It centainly did the trick for me.
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Hassan11
04-09 12:47 PM
49 views of this thread and no replies. Please anybody out there, any suggestions or answers? Thank you
GCNaseeb
02-06 03:40 PM
Anything like this calls for "accommodating beneficiary" and its illegal when it comes to Immigration. Both sponsoring employer and beneficiary will be in problem. This is well discussed before and at least my Attorney did not recommend.
Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.
Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.
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geesee
07-23 04:10 PM
It mentions that in any of the incorrect filing, cases will be rejected...
does that mean I-485 is rejected for good or one cannot apply it again until PD becomes current in future?
does that mean I-485 is rejected for good or one cannot apply it again until PD becomes current in future?
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NikNikon
July 9th, 2004, 07:11 AM
Actually Steve I've been doing some reading and research but I've always been some what of a "show me don't tell me" type person. At the present I only own the Kit lens that came with the D70 (AF-S DX Zoom-Nikkor 18-70mm f/3.5-4.5G IF-ED). So you have me at a disadvantage when you speak of limitations of a lens that goes to 5.6 on the long end. Basically I'm looking for a affordable zoom for landscape, concert and sport photography. I've read several favorable user reviews but then not knowing the source of these reviews you don't know if they also gave four and a half stars to a coke bottle. Reading through posts here on the forum I can tell who are the professional photographers by their equipment knowledge. So saying that there are opinions I would find more valuable than others. In a nutshell I have found the lens in question on Ebay at a current bid of 250 dollars. If I am correct this is half of what it lists for. I'd just like to know if it would be a good buy/good lens for a aspiring photographer to begin expanding his lens arsenal with.
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TeddyKoochu
10-15 04:05 PM
Friends,
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
Go for regular, the current processing time for I140 TSC is 4 months, you should be able to get approved before the next spillover season which is Jul - Sep 2011 (This is still a long shot for us :))
I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.
I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.
I appreciate all your comments!
Go for regular, the current processing time for I140 TSC is 4 months, you should be able to get approved before the next spillover season which is Jul - Sep 2011 (This is still a long shot for us :))
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caliducas
06-06 04:56 PM
I believe unless you filed I-485 under the revised fee structure last year, you need to pay for EAD and AP renewal every time you have to renew.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
I'm renewing my wife's and my EAD through my attorney. We'll pay only this time for the new fee and then on will be free. Same is with AP. Pay once under the new fee, and then you can renew it for free. The only fee you'll pay is your attorney's, which you don't have to do. You can efile by yourself like many other people have done.
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alterego
11-11 09:22 PM
both the parties have decided not to touch immigration at all this year (till elections) they have decided against any increase in any numbers (h1b's, GC's) etc, so much so that the senate are requesting chertoff (homeland security secretary) to increase the OPT time for international student to 2.5 years so they can temp overide the h1b jam.
Did you hear Sen. Grasley last week? There are many bills to be concluded before the end of the year. There is a lot of pressure from corporate America right now. The US economy can ill afford to alienate capitalists at this juncture.
There are also other skill sets like Medicine, Nursing and other areas where there are well documented shortages, the issues of these fields have been held up in the overall debate over H1bs. Legislators are aware they have to address these also.
Did you hear Sen. Grasley last week? There are many bills to be concluded before the end of the year. There is a lot of pressure from corporate America right now. The US economy can ill afford to alienate capitalists at this juncture.
There are also other skill sets like Medicine, Nursing and other areas where there are well documented shortages, the issues of these fields have been held up in the overall debate over H1bs. Legislators are aware they have to address these also.
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mmanurker
10-23 05:28 PM
Yes, thats good news specially for the applicants in that region. In my opinion applicants from MP and Karnataka and AP will fall into that region I guess though not sure but just my 2 cents. Right now they just opened the office but I dont think they will be fully functional till mid-december 2008.
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GoneSouth
08-20 07:32 PM
If you applied for labor through PERM and have a copy of you PERM application, the DOL o*net code is listed in section F. Box 2. of the ETA 9089 form. This code can then be looked up at the o*net web site: http://online.onetcenter.org/find/
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uslegals
11-26 05:05 PM
congrats man..! looks like the GC is approved.!!! At last a FREE BIRD ~! Enjoy!
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delhirocks
07-19 03:40 PM
Exactly...you don't need any service. Just ask one your buddies to do it. as long as the translator is not a family member. He has to sogn the declaration given below
All that your have to do is get it translated by any one who is fluent in English and Marathi ,
Document has to be signed and contact information of the Translator has to be placed.
-------------------------------------------------------------
Translated Text
------------------------------------
Declaration of Translator
I ____________________ certify that I am fluent in the English and Marathi languages, and that the foregoing is a complete and accurate translation of the attached document.
Signature
Date
Contact Info
All that your have to do is get it translated by any one who is fluent in English and Marathi ,
Document has to be signed and contact information of the Translator has to be placed.
-------------------------------------------------------------
Translated Text
------------------------------------
Declaration of Translator
I ____________________ certify that I am fluent in the English and Marathi languages, and that the foregoing is a complete and accurate translation of the attached document.
Signature
Date
Contact Info
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ImmigrationAnswerMan
06-29 12:22 PM
Anil:
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
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amitga
10-01 12:38 PM
When will newly elected Congress start the new session?
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iluvgc
08-28 03:18 PM
Dint know if i could post it, as its internal mail, thats y i removed it. Sorry abt confusion.
internal for who do u work DOS/USCIS u jerk
internal for who do u work DOS/USCIS u jerk
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desitechie
07-17 01:49 PM
Traveling for the 1st time on AP (used H1 stamp previously, now I am on ead), wanted to know how the experience at SFO is. Do they always send you for secondary inspection? Anything else to know beforehand?
here's the list of docs I have from earlier post:
(http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
- All copies of AP
- EAD
- Passport, of course
- 485 receipt notice (Good to carry)
- 140 approval notice (Good to carry)
- Labor approval notice (Good to carry)
- Company identification card/badge (Good to carry)
- Current employment verification letter (Good to carry, I never did and I was okay)
- Old stamped APs, if you have used AP to travel in the past (Good to carry)
anything else?
Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?
thanks.
I came in Jan and secondary inspection took only 10 mins. Just gave the PP and AP doc.
here's the list of docs I have from earlier post:
(http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
- All copies of AP
- EAD
- Passport, of course
- 485 receipt notice (Good to carry)
- 140 approval notice (Good to carry)
- Labor approval notice (Good to carry)
- Company identification card/badge (Good to carry)
- Current employment verification letter (Good to carry, I never did and I was okay)
- Old stamped APs, if you have used AP to travel in the past (Good to carry)
anything else?
Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?
thanks.
I came in Jan and secondary inspection took only 10 mins. Just gave the PP and AP doc.
bheemi
04-03 09:56 AM
HI Admin,
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
I would like to know if IV is working on ability to file I485 dureing retrogression...if so can youc alrify us how would you proceed for this issue...an ammendement thru somebody...Just want to know..
thanks
Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
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