knowDOL
05-22 05:12 PM
1. YES
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
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sk2009
07-28 03:46 PM
Hi Krisha
in how many days did u get EAD approved.
i applied (efile )in the second week of may done with FP and got CPO mail on 28th june , till now no approval mail or EAD Card
did u get Approval mail before getting actual EAD Card?
thanks
in how many days did u get EAD approved.
i applied (efile )in the second week of may done with FP and got CPO mail on 28th june , till now no approval mail or EAD Card
did u get Approval mail before getting actual EAD Card?
thanks
ajju
10-12 03:50 PM
So that means it starts prior to Dec'9th for my case..????
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
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nashorn
12-15 12:50 PM
You need to make it more clear to get help.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You need all her I-797s of H4. Check the starting and ending times on them. Their should be no gap between. Any gap, if during which she was in the US, means illegal stay. But, if she had left the US after the gap and returned legally, the gap wouldn't be treated as illegal stay when you file 485. The evidence you need to prove this the her I-94s. All the VISA she'll ever has are the ones in her passport.
more...
gcharry
11-11 07:46 PM
Hi, Last August 07, I have applied for 140 & 485 and have a priority date of Feb 2005. I got married in July 08. Now, I can't apply 485 for my spouse as dates are not current. My 140 got approved. I am just worried that My 485 might get approved before I could apply 485 for my spouse. And no one knows when 485 date will be current again. Any ideas? Any one is in my situation?
Thanks.
Thanks.
anurakt
01-15 02:56 PM
All tri state chapter members please join on a conference call on Friday 19th Jan from 9:15 pm to 10:15 pm. The conf call info is below
1. Dial-In to your Conference Number 1-712-432-3000
2. Enter your Conference Bridge Number: 131128
This call is to discuss our very important meet the lawmakers program. I will try to get a core member to give us an updates related to legislations.
1. Dial-In to your Conference Number 1-712-432-3000
2. Enter your Conference Bridge Number: 131128
This call is to discuss our very important meet the lawmakers program. I will try to get a core member to give us an updates related to legislations.
more...
javadeveloper
03-28 07:20 PM
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD.
Canceling h1b doesn't affect I-485.I am not sure about I-140 part.
Canceling h1b doesn't affect I-485.I am not sure about I-140 part.
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10dulkar
08-08 09:34 AM
My company is paying all cost of GC. So they refused to file after July 2nd USCIS letter.
more...
vegaspd
06-01 06:03 PM
I received a notice from uscis
"USCIS will use the priority date that must benefits the applicant, your request has been sent to your file"
Anybody has any idea what this means.
Thank you all
Vegaspd
"USCIS will use the priority date that must benefits the applicant, your request has been sent to your file"
Anybody has any idea what this means.
Thank you all
Vegaspd
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carbon
11-01 04:35 PM
any experts. please help.
more...
Pineapple
05-07 09:05 AM
I believe the correct Kafka analogy should be "The Trial", not "The Metamorphosis".
The Trial is about a character, Josef K. who is arrested one day, out of the blue, for an unspecified crime. The novel is about K.'s futile attempts to figure out why on earth he is being prosecuted.
The Trial is about a character, Josef K. who is arrested one day, out of the blue, for an unspecified crime. The novel is about K.'s futile attempts to figure out why on earth he is being prosecuted.
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Tommy_S
05-20 01:40 AM
Added a pink thing.
Looks a bit rough\agressive\bright on the blue bg. But hey, nice stamp. ;)
P.S. I wonder, who did the Kf's theme.. j/k. :P
Looks a bit rough\agressive\bright on the blue bg. But hey, nice stamp. ;)
P.S. I wonder, who did the Kf's theme.. j/k. :P
more...
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arti.jain
11-07 06:45 PM
I have very simple questions, but having searched the web for 9 hours haven't found a definte answer. Any help is really really appreciated...
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
My L1A and I-94 expires on 12/31/2009. Same is true for my wife and child. my company has not yet filed for extension yet.
My GC application 140+485 concurrently under EB1 was filed recently, mailed on 10/30/2009.
Question
1. I do not need to travel outside USA at this point, can my company file for normal processing extension and wait for result even when my i-94 would have already expired. Trying to save the additional $1000(*3 potentially,) for premium processing.
2. Does my company really need to file L1 extension now, or can wait till march/April for 140 approval/denial/RFE and file based on situation then? Note i am not eligible for i-140 premium processing so have to wait for 3-4 months.
3. Our Driving Licenses(CA) expires on December 31st,2009. Is there a way to get that extended because even if i file L1A extension, i may not be able to get the approval notice by the end of year. So DMV would not extend it. Can i get some letter from somewhere or just ask for I-94 extension without petition extension, which might happen quickly.
4. My wife has an EAD and it expired on 5th Nov 2009, since she is not working at this point (and out of laziness), we did not file for extension. Is she out of status or back to L2 status? Do we need to apply for COS.
Please help me resolve simple question.
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immigrationvoice1
02-12 02:35 PM
Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
more...
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raysaikat
11-18 11:38 PM
Hi,
I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India).
Who does pay you? Don't your paychecks come from UPenn? Even if a company is sponsoring your project, technically the company is paying UPenn, and you are being paid by UPenn.
Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.
As far as I remember, you cannot be a full-time student in J1. You need to get F1.
In case I apply for F1, can I :
1. Start my classes till my transfer from j1 to f1 is pending
No, you must get F1 on hand.
2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?
Thanks in advance.
No, you must get F1 on hand.
In any case, the International Student's Office in U of A will be able to tell you the exact requirements (they will not let you join unless you have the right VISA in hand), and basically you must follow what they say. Typically universities handle visa norms very strictly.
I would really appreciate if someone throws some light on this issue. I am a J1 scholar at the University of Pennsylvania. I do not know what category that is because I am not paid either by my sponsor (upenn) or by my own government(India).
Who does pay you? Don't your paychecks come from UPenn? Even if a company is sponsoring your project, technically the company is paying UPenn, and you are being paid by UPenn.
Now, i wish to get enrolled in a full time MS program of University of Arkansas. In order to do that, should I apply for transfer of J1 from UPenn to U of A ...or should apply of transfer of visa from J1 to F1.
As far as I remember, you cannot be a full-time student in J1. You need to get F1.
In case I apply for F1, can I :
1. Start my classes till my transfer from j1 to f1 is pending
No, you must get F1 on hand.
2.receive assistantship or on campus employment from UofA till my status from j1 to f1 is pending?
Thanks in advance.
No, you must get F1 on hand.
In any case, the International Student's Office in U of A will be able to tell you the exact requirements (they will not let you join unless you have the right VISA in hand), and basically you must follow what they say. Typically universities handle visa norms very strictly.
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agiridhar
04-02 12:51 AM
It is a well known fact that the h1-b bodyshoppers/IT consulting companies exploit the system(laws) and their employee's for their own ends.
When everyone knows that these body shoppers are filing all the 65k h1's in one day for the jobs that are non existant with them, why no one is questioning it ?
These companies are not only grabbing all the available quota of h1's for locking in the techies(employees) and exploiting them but at the same time depriving the actual real companies (where work is done) from hiring the h1b techies.
Am just amazed at this pesudo demand of h1b created by these cyotes, isnt there any law to prohibit such malpractise/ cheating of the system ?
Also how can Attorney's and Law firms help in filing these made-up h1's are not they under oath to not do such malpractise ?
When everyone knows that these body shoppers are filing all the 65k h1's in one day for the jobs that are non existant with them, why no one is questioning it ?
These companies are not only grabbing all the available quota of h1's for locking in the techies(employees) and exploiting them but at the same time depriving the actual real companies (where work is done) from hiring the h1b techies.
Am just amazed at this pesudo demand of h1b created by these cyotes, isnt there any law to prohibit such malpractise/ cheating of the system ?
Also how can Attorney's and Law firms help in filing these made-up h1's are not they under oath to not do such malpractise ?
more...
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desanar
04-07 10:08 AM
If you are reading this post, please share your experience or experience of others you have heard.
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dilbert_cal
05-08 07:59 PM
Once you have two pay stubs , you can change the company. You can change even with a single pay stub but with two you are much safer.
Its a very debatable thing to discuss whether leaving so soon is good or not ..... wont go into it. You should always do what is best for you and your family. Everything else comes later.....
Its a very debatable thing to discuss whether leaving so soon is good or not ..... wont go into it. You should always do what is best for you and your family. Everything else comes later.....
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anurakt
01-19 02:13 PM
Please join us on the tri state chapter call .....
arunmurthy
09-14 12:49 AM
Hello all,
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
Is there any california chapter esp in Nor Cal.
We have to unite EB3 Guys and strike hard!!!
I have heard that next bulletin might bring breaking news for EB3I community but still we cannot keep relying on VBs.
It is like going to Jyotish for knowing future.
EB2 Guys, you should also help us even though if you are getting GCs faster...
Please provide me information on California chapter. I have just joined IV.
I believe it is high time to fight back.
(btw if anybody wants to have vonage $24.99, please let me know. I can refer you)
rb54321
07-27 08:41 AM
Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!
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