jasmin45
07-23 08:11 PM
I am working for company A under H1-B visa and my PERM was approved early this year and my I-140 (EB2) is pending. I summitted I-485 last week since the PD is current again. Almost the same time, I moved to another department in the same company because of company reconstruction. The job seems to be having different requirements(>50% difference). I have a couple of questions:
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.
1. Within how long I need to inform my company lawyer and then USCIS that my job changed within the same company?
2. What are the concequences if I do not inform my company laywer about my job change? Will USCIS know this in the future and deny my I-140 and I-485?
3. Will my pending I-140 get denied since my job requirement changed (if my company lawyer inform USICS)?
4. What are the possible outcomes for my I-485 under this job change situation?
5. Is that possible that I just stay there as nothing happened and wait for USCIS response to my I-140 and I-485?
6. What can be done in order to avoid a new PERM and new I-140? I really don't want to start all over again since who knows what the PD will be after Oct. this year...
Job requirement change may have negative effect on I-140. Because the 140 is based on approved labor and for labor certification, your company must have advertised the job requirements. Please consult a good lawyer for advise and he will come up with options if possible at all.
geevikram
09-13 10:33 AM
You probably know the answer already, but still...
NADA
NADA
mk26
02-24 08:18 AM
I am also looking for answer on this..Anyone please??
kirupa
01-25 05:01 PM
You can add a MouseLeftButtonDown event to pretty much any element! Just select and use the Events tab to set your event handler name: http://www.kirupa.com/net/creating_simple_wpf_gui_app_pg5.htm
Both Blend and VS will auto-generate the event handler where you can insert some code :)
Both Blend and VS will auto-generate the event handler where you can insert some code :)
more...
smartboy75
10-17 03:22 PM
10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.
Source:
www.immigration-law.com
lifestrikes
06-03 05:18 PM
Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
It shows self employment and H1B cannot prove employer-employee relationship.
>>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?
My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.
more...
gc_check
03-14 04:16 AM
I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.
Murthy.com has a copy of pdf in their website
http://www.murthy.com/uscis_update.pdf
http://www.murthy.com/nflash/uscis_faq.pdf
Murthy.com has a copy of pdf in their website
http://www.murthy.com/uscis_update.pdf
http://www.murthy.com/nflash/uscis_faq.pdf
GotGC??
01-20 09:11 PM
...of LC cases, by PD and category. Goes to show how scary the situation is without increase of visa numbers....just I-485 is a good first step, but there is a looooong way to go.
Date NON-RIR RIR TOTAL
Dec-97 760 54 814
Jan-98 925 22 947
Feb-98 29 4 33
Mar-98 48 5 53
Apr-98 42 1 43
May-98 35 1 36
Jun-98 43 3 46
Jul-98 36 1 37
Aug-98 36 3 39
Sep-98 33 3 36
Oct-98 60 3 63
Nov-98 34 1 35
Dec-98 34 6 40
Jan-99 36 2 38
Feb-99 34 3 37
Mar-99 42 2 44
Apr-99 42 3 45
May-99 49 11 60
Jun-99 38 6 44
Jul-99 35 5 40
Aug-99 43 8 51
Sep-99 38 8 46
Oct-99 68 7 75
Nov-99 49 27 76
Dec-99 57 25 82
Jan-00 43 49 92
Feb-00 44 20 64
Mar-00 59 18 77
Apr-00 55 33 88
May-00 69 21 90
Jun-00 112 19 131
Jul-00 87 24 111
Aug-00 67 35 102
Sep-00 46 39 85
Oct-00 62 48 110
Nov-00 65 100 165
Dec-00 65 103 168
Jan-01 143 120 263
Feb-01 353 266 619
Mar-01 1018 544 1562
Apr-01 11502 11982 23484
May-01 180 966 1146
Jun-01 104 1089 1193
Jul-01 94 1213 1307
Aug-01 107 1389 1496
Sep-01 92 1052 1144
Oct-01 141 1186 1327
Nov-01 78 799 877
Dec-01 70 809 879
Jan-02 47 805 852
Feb-02 48 935 983
Mar-02 46 1352 1398
Apr-02 84 1614 1698
May-02 196 1942 2138
Jun-02 73 1660 1733
Jul-02 88 1905 1993
Aug-02 46 1822 1868
Sep-02 85 1836 1921
Oct-02 92 1833 1925
Nov-02 71 1856 1927
Dec-02 93 2404 2497
Jan-03 60 2202 2262
Feb-03 70 2155 2225
Mar-03 75 2216 2291
Apr-03 147 2231 2378
May-03 90 2140 2230
Jun-03 46 2100 2146
Jul-03 87 2207 2294
Aug-03 129 2089 2218
Sep-03 181 2013 2194
Oct-03 71 1796 1867
Nov-03 96 1065 1161
Dec-03 130 1329 1459
Jan-04 94 861 955
Feb-04 118 842 960
Mar-04 116 449 565
Apr-04 92 388 480
May-04 47 353 400
Jun-04 43 283 326
Jul-04 17 253 270
Aug-04 13 144 157
Sep-04 5 9 14
TOTAL 19998 69227 89225
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
Date NON-RIR RIR TOTAL
Dec-97 760 54 814
Jan-98 925 22 947
Feb-98 29 4 33
Mar-98 48 5 53
Apr-98 42 1 43
May-98 35 1 36
Jun-98 43 3 46
Jul-98 36 1 37
Aug-98 36 3 39
Sep-98 33 3 36
Oct-98 60 3 63
Nov-98 34 1 35
Dec-98 34 6 40
Jan-99 36 2 38
Feb-99 34 3 37
Mar-99 42 2 44
Apr-99 42 3 45
May-99 49 11 60
Jun-99 38 6 44
Jul-99 35 5 40
Aug-99 43 8 51
Sep-99 38 8 46
Oct-99 68 7 75
Nov-99 49 27 76
Dec-99 57 25 82
Jan-00 43 49 92
Feb-00 44 20 64
Mar-00 59 18 77
Apr-00 55 33 88
May-00 69 21 90
Jun-00 112 19 131
Jul-00 87 24 111
Aug-00 67 35 102
Sep-00 46 39 85
Oct-00 62 48 110
Nov-00 65 100 165
Dec-00 65 103 168
Jan-01 143 120 263
Feb-01 353 266 619
Mar-01 1018 544 1562
Apr-01 11502 11982 23484
May-01 180 966 1146
Jun-01 104 1089 1193
Jul-01 94 1213 1307
Aug-01 107 1389 1496
Sep-01 92 1052 1144
Oct-01 141 1186 1327
Nov-01 78 799 877
Dec-01 70 809 879
Jan-02 47 805 852
Feb-02 48 935 983
Mar-02 46 1352 1398
Apr-02 84 1614 1698
May-02 196 1942 2138
Jun-02 73 1660 1733
Jul-02 88 1905 1993
Aug-02 46 1822 1868
Sep-02 85 1836 1921
Oct-02 92 1833 1925
Nov-02 71 1856 1927
Dec-02 93 2404 2497
Jan-03 60 2202 2262
Feb-03 70 2155 2225
Mar-03 75 2216 2291
Apr-03 147 2231 2378
May-03 90 2140 2230
Jun-03 46 2100 2146
Jul-03 87 2207 2294
Aug-03 129 2089 2218
Sep-03 181 2013 2194
Oct-03 71 1796 1867
Nov-03 96 1065 1161
Dec-03 130 1329 1459
Jan-04 94 861 955
Feb-04 118 842 960
Mar-04 116 449 565
Apr-04 92 388 480
May-04 47 353 400
Jun-04 43 283 326
Jul-04 17 253 270
Aug-04 13 144 157
Sep-04 5 9 14
TOTAL 19998 69227 89225
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
more...
guyfromsg
07-16 11:02 PM
Please enlighten me. What constitute a proof of immigrant intent?
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
I-140 is Application for Immigration petition. To apply for 485 you have need to have 140 approved/pending or should be filed concurrently. Medical is required as part of 485.
Filing of:
1. LC
2. I-140
3. Medicals
4. I-485
etc...
I am confuse. Please explain.
I-140 is Application for Immigration petition. To apply for 485 you have need to have 140 approved/pending or should be filed concurrently. Medical is required as part of 485.
psaxena
09-01 10:42 AM
was it EB2 or EB3
more...
srinivasj
05-18 02:13 PM
Wow, I just tried the "yanks are coming" one. What the heck is that? Did you actually read all of that? I feel ashamed of myself when you say that. Maybe I am too busy or have very little patience. Probably useful articles, however, due to my inability to concentrate for long (I asume) I could not actually make out what that was all about :confused::confused::confused::D:D
I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...
I am not saying everything is great or I read every line of what he post....but there are at some articles from "Yanks are Coming" related to health care passage, wall street..you get some useful info in them..i am not here to argue with anyone..i just posted my thought...
needhelp!
11-27 05:24 PM
I don't think this will jeopardize their cash flow. Surely they will charge 3 times more for a 3 year renewal. It will just make life easier for us and them.
And then I will complain about having to spend for a 3 year renewal when I 'expect' to get my GC within a few months.
And then I will complain about having to spend for a 3 year renewal when I 'expect' to get my GC within a few months.
more...
questions
06-06 02:02 AM
Hi Bhatt,
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
thank you! :)
I am pretty excited as this was the best thing I could hope for at this point. I have entered the DV before and was never selected.
I wish I could afford a lawyer to assist, but that doesn't seem to be an option for me right now.
Anyone has any ideas and the turn around time once I have submitted the paperwork and when to hear back from them for an interview?
jai_immigration
06-26 09:51 AM
You could either file AC21 or file after you revceive RFE, but when there is RFE they may also request paystubs, not just offer letter.
more...
priderock
05-15 02:13 PM
Thank you, priderock!!!
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
singhsa3
07-25 04:06 PM
Excellent point, I think, this is exactly the sort of pros and cons analysis we need on the ideas generated on this forum.
BTW: I thank you for the constructive tone of your message when providing the feedback.
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
BTW: I thank you for the constructive tone of your message when providing the feedback.
this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.
so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.
more...
mdipi0
11-17 09:54 PM
wtf? this isnt mine! omg! :P! kirupa can you tell me whose account this is? this is mdipi.com. i used my BBForum name by accident and look what happend! :P. if you could tell me that would be great.
number30
03-14 06:17 PM
Hi Attorneys/Seniors,
Application Type:H1 Transfer(Premium Processing)
Processing Centre:VSC
FedEx Delivery Date:03/04/2010
Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.
Please help me regarding this.
Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
How soon we receive the receipt no in premium processing case.
Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
Please help me
It is better to send regular check . In that case you will know if USCIS is en-cashed check . Also this check contains receipt numbers in most of the cases.
Application Type:H1 Transfer(Premium Processing)
Processing Centre:VSC
FedEx Delivery Date:03/04/2010
Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.
Please help me regarding this.
Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
How soon we receive the receipt no in premium processing case.
Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
Please help me
It is better to send regular check . In that case you will know if USCIS is en-cashed check . Also this check contains receipt numbers in most of the cases.
prem_goel
07-22 03:56 PM
IMHO the proper response would have been that dude...this is technically illegal..and may cause problems...but personally i know a few people who've made through but YMMV.
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
crystal
02-14 07:49 PM
You cannot jump to EAD unless you file ur wife I-485 . Before that if you jump to EAD , your wife has to leave the country as she become out of status as you are no more on H1b.
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
ok, what would be my future wife status in case i jump to EAD after bringing her here on H4. i cant add her to 485 unless PD is current
please advice
rbalaji5
10-31 12:54 PM
You may try with your office Zip code. In worst case, they may ask you to go the office near to you home. It is just a inquiry we schedule right - There won't be any problem.
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