samin
03-13 05:54 PM
My sister's H1B petition was approved on 2008 and she was unable to travel US for the past 1.5 year.
She is working in a MNC company in India. Now, she came to US on her B1 visa 1.5 month back. Meanwhile, she got an offer from a client in US and she want takeover the new job on her approved H1.
So, can you please let me know whether the employer (whoever filed my sister's h1) can file the H1B amenment while she in US with B1 visa and having H1B approved petition? If so, how many days she has to wait to get the approved amenment to start her work at client place? The employer is going to do the premium payment so that can we assume the amenment will be approved for sure?.
The LCA is really required for H1amenment? Please advice. This is really urgent.
Thanks in advance.
She is working in a MNC company in India. Now, she came to US on her B1 visa 1.5 month back. Meanwhile, she got an offer from a client in US and she want takeover the new job on her approved H1.
So, can you please let me know whether the employer (whoever filed my sister's h1) can file the H1B amenment while she in US with B1 visa and having H1B approved petition? If so, how many days she has to wait to get the approved amenment to start her work at client place? The employer is going to do the premium payment so that can we assume the amenment will be approved for sure?.
The LCA is really required for H1amenment? Please advice. This is really urgent.
Thanks in advance.
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Blog Feeds
06-22 01:40 PM
White House Press Secretary Robert Gibbs said there are not enough votes for the Obama administration to achieve its desired immigration reform, and change in the system as we know it today.
The plan was derailed when conservative activists, who claimed the program would have constituted "amnesty" for illegal immigrants, managed to pick off enough Republicans in the House and Senate to forestall a vote. Gibbs said that the White House would make an effort, though, to win the votes for a reform plan, for which President Obama reiterated his support.
Read more... (http://briefingroom.thehill.com/2009/06/19/gibbs-not-enough-votes-in-congress-for-immigration-reform/)
More... (http://www.visalawyerblog.com/2009/06/not_enough_votes_for_immigrati.html)
The plan was derailed when conservative activists, who claimed the program would have constituted "amnesty" for illegal immigrants, managed to pick off enough Republicans in the House and Senate to forestall a vote. Gibbs said that the White House would make an effort, though, to win the votes for a reform plan, for which President Obama reiterated his support.
Read more... (http://briefingroom.thehill.com/2009/06/19/gibbs-not-enough-votes-in-congress-for-immigration-reform/)
More... (http://www.visalawyerblog.com/2009/06/not_enough_votes_for_immigrati.html)
nam_koh
05-23 11:14 AM
I am on H1 visa and I have a sister with citizenship.
I am wondering if I can file i-130 (family based immigration) now and file Employment based immigration later?
Is it OK to file 2 green cards applications? which one will take place then?
I am wondering if I can file i-130 (family based immigration) now and file Employment based immigration later?
Is it OK to file 2 green cards applications? which one will take place then?
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Blog Feeds
07-02 04:30 PM
On June 25, President Obama met with a bipartisan group of 30 key legislators beginning a dialogue that he hopes will lead to comprehensive immigration reform in 2009 or early in 2010. Among the topics discussed were border security, family reunification and reform of the outdated quota system. Following the meeting, the President stated, �but what I�m encouraged by is that after all the overheated rhetoric and the occasional demagoguery on all sides around this issue, we�ve got a responsible set of leaders sitting around the table who want to actively get something done and not put it off until...
More... (http://blogs.ilw.com/carlshusterman/2009/06/president-obama-and-immigration-reform.html)
More... (http://blogs.ilw.com/carlshusterman/2009/06/president-obama-and-immigration-reform.html)
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03-31 10:56 PM
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siva74
06-09 08:37 PM
Hi, I need your expertise, please help me. Following is my situation.
My EB3 labor priorty date was June 2003 was in pending, later same company filed in EB2 and I 140 got approved in Dec 2005.
I filed I 485 application in july 2007 and I applied in so hurry, I forgot to send a copy of I 140 approval as part of 485 filing. I got all the receipt notices.
My EB3 labor got approved before my 485 filing and I140 got approved this month
I would like to port the EB3 priority date. Please input your suggestions.
Thanks,
Siva
My EB3 labor priorty date was June 2003 was in pending, later same company filed in EB2 and I 140 got approved in Dec 2005.
I filed I 485 application in july 2007 and I applied in so hurry, I forgot to send a copy of I 140 approval as part of 485 filing. I got all the receipt notices.
My EB3 labor got approved before my 485 filing and I140 got approved this month
I would like to port the EB3 priority date. Please input your suggestions.
Thanks,
Siva
more...
agrisiva
10-26 03:57 PM
Dear Attorney,
I work for a non-profit State University (6+ years), and my supervisor is letting me work from Canada for a year or so. As my university HR needs to have an H1B permit to keep me on the payroll, my University's International Officer is willing to keep my permit valid and keep renewing it even beyond 6 years as my I-140 is approved. She says that I can also apply for an H1B visa in Canada and visit US whenever my supervisor asks me to do so.
Wondering if this is doable without violating the USCIS & LCA rules and regulations? Thanks.
I work for a non-profit State University (6+ years), and my supervisor is letting me work from Canada for a year or so. As my university HR needs to have an H1B permit to keep me on the payroll, my University's International Officer is willing to keep my permit valid and keep renewing it even beyond 6 years as my I-140 is approved. She says that I can also apply for an H1B visa in Canada and visit US whenever my supervisor asks me to do so.
Wondering if this is doable without violating the USCIS & LCA rules and regulations? Thanks.
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06-17 08:02 PM
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Blog Feeds
01-14 08:20 AM
America's Voice gives the rundown. A new analysis by the Drum Major Institute (DMI) found that the Comprehensive Immigration Reform ASAP bill introduced by Congressmen Solomon Ortiz and Luis Gutierrez late last year would "make the grade" for strengthening and expanding America�s middle class. DMI states the case succinctly: The Comprehensive Immigration Reform for America�s Security and Prosperity Act sets the standard for an immigration policy, which will boost our nation�s economy and strengthen and expand its middle class. The Institute administered a two-part "middle class test," which the bill passed with flying colors. The legislation was given a soaring...
More... (http://blogs.ilw.com/gregsiskind/2010/01/new-studies-reinforce-notion-that-cir-will-help-economy.html)
More... (http://blogs.ilw.com/gregsiskind/2010/01/new-studies-reinforce-notion-that-cir-will-help-economy.html)
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CPTproblem
03-27 05:44 PM
Hello,
I'm on OPT since Feb 14 2011. This is my first 12 months of the OPT. I recieved an OPT card from USCIS but I'm not sure what is my valid I-20 at this moment ? Is it the one saying that "OPT is requested" ? I filed a bunch of papers during OPT application but whatever reason my International officer never wants to explain anything to us students and I've to search everything on the internet. I'm applying for a driver's license test and want to know what I-20 would be needed.
Also, my employer is willing to file my H1-B. Should I tell him to file it this year or the next year ? They also signed up for everify recently.
Please suggest.
I'm on OPT since Feb 14 2011. This is my first 12 months of the OPT. I recieved an OPT card from USCIS but I'm not sure what is my valid I-20 at this moment ? Is it the one saying that "OPT is requested" ? I filed a bunch of papers during OPT application but whatever reason my International officer never wants to explain anything to us students and I've to search everything on the internet. I'm applying for a driver's license test and want to know what I-20 would be needed.
Also, my employer is willing to file my H1-B. Should I tell him to file it this year or the next year ? They also signed up for everify recently.
Please suggest.
more...
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msadiqali
02-15 09:54 PM
What Does the Prez Stand for? You Are Going to Be Shocked When You Learn the Name of Obama's Favorite CEO | News & Politics | AlterNet (http://www.alternet.org/news/145664/what_does_the_prez_stand_for_you_are_going_to_be_s hocked_when_you_learn_the_name_of_obama%27s_favori te_ceo_)
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From Tying It All Together: Learn about the Legislative Process (http://www.house.gov/house/Tying_it_all.shtml).
The chief function of Congress is the making of laws. The legislative process comprises a number of steps. A very brief overview of the legislative process within the House of Representatives is presented below. There are many aspects and variations of the process which are not addressed here. A much more in-depth discussion and presentation of the overall process is available in How Our Laws Are Made (http://thomas.loc.gov/home/lawsmade.toc.html). Most of the information presented below was excerpted from that Congressional document.
Forms of Congressional Action
The work of Congress is initiated by the introduction of a proposal in one of four principal forms: the bill, the joint resolution, the concurrent resolution, and the simple resolution.
Bills
A bill is the form used for most legislation, whether permanent or temporary, general or special, public or private. A bill originating in the House of Representatives is designated by the letters "H.R.", signifying "House of Representatives", followed by a number that it retains throughout all its parliamentary stages. Bills are presented to the President for action when approved in identical form by both the House of Representatives and the Senate.
Joint Resolutions
Joint resolutions may originate either in the House of Representatives or in the Senate. There is little practical difference between a bill and a joint resolution. Both are subject to the same procedure, except for a joint resolution proposing an amendment to the Constitution. On approval of such a resolution by two-thirds of both the House and Senate, it is sent directly to the Administrator of General Services for submission to the individual states for ratification. It is not presented to the President for approval. A joint resolution originating in the House of Representatives is designated "H.J.Res." followed by its individual number. Joint resolutions become law in the same manner as bills.
Concurrent Resolutions
Matters affecting the operations of both the House of Representatives and Senate are usually initiated by means of concurrent resolutions. A concurrent resolution originating in the House of Representatives is designated "H.Con.Res." followed by its individual number. On approval by both the House of Representatives and Senate, they are signed by the Clerk of the House and the Secretary of the Senate. They are not presented to the President for action.
Simple Resolutions
A matter concerning the operation of either the House of Representatives or Senate alone is initiated by a simple resolution. A resolution affecting the House of Representatives is designated "H.Res." followed by its number. They are not presented to the President for action.
For more information on bills and resolutions see Forms of Congressional Action (http://thomas.loc.gov/home/lawsmade.bysec/formsofaction.html) in How Our Laws Are Made.
Introduction and Referral to Committee
Any Member in the House of Representatives may introduce a bill at any time while the House is in session by simply placing it in the "hopper" provided for the purpose at the side of the Clerk's desk in the House Chamber. The sponsor's signature must appear on the bill. A public bill may have an unlimited number of co-sponsoring Members. The bill is assigned its legislative number by the Clerk and referred to the appropriate committee by the Speaker, with the assistance of the Parliamentarian. The bill is then printed in its introduced form, which you can read in Bill Text (http://thomas.loc.gov/home/c110query.html). If a bill was introduced today, summary information about it can be found in Bill Status Today (http://thomas.loc.gov/bss/d110query.html).
An important phase of the legislative process is the action taken by committees. It is during committee action that the most intense consideration is given to the proposed measures; this is also the time when the people are given their opportunity to be heard. Each piece of legislation is referred to the committee that has jurisdiction over the area affected by the measure.
For more information on this step of the legislative process see Introduction and Reference to Committee (http://thomas.loc.gov/home/lawsmade.bysec/introtocomm.html) of How Our Laws Are Made.
Consideration by Committee
Public Hearings and Markup Sessions
Usually the first step in this process is a public hearing, where the committee members hear witnesses representing various viewpoints on the measure. Each committee makes public the date, place and subject of any hearing it conducts. The Committee Meetings (http://www.house.gov/daily/comlist.html) scheduled for today are available along with other House Schedules (http://www.house.gov/house/floor/thisweek.htm). Public announcements are also published in the Daily Digest portion of the Congressional Record (http://thomas.loc.gov/home/r110query.html).
A transcript of the testimony taken at a hearing is made available for inspection in the committee office, and frequently the complete transcript is printed and distributed by the committee.
After hearings are completed, the bill is considered in a session that is popularly known as the "mark-up" session. Members of the committee study the viewpoints presented in detail. Amendments may be offered to the bill, and the committee members vote to accept or reject these changes.
This process can take place at either the subcommittee level or the full committee level, or at both. Hearings and markup sessions are status steps noted in the Legislative Action portion of Bill Status (http://thomas.loc.gov/bss/d110query.html).
Committee Action
At the conclusion of deliberation, a vote of committee or subcommittee Members is taken to determine what action to take on the measure. It can be reported, with or without amendment, or tabled, which means no further action on it will occur. If the committee has approved extensive amendments, they may decide to report a new bill incorporating all the amendments. This is known as a "clean bill," which will have a new number. Votes in committee can be found in Committee Votes.
If the committee votes to report a bill, the Committee Report (http://thomas.loc.gov/cp110/cp110query.html) is written. This report describes the purpose and scope of the measure and the reasons for recommended approval. House Report numbers are prefixed with "H.Rpt." and then a number indicating the Congress (currently 107).
For more information on bills and resolutions see Consideration by Committee (http://thomas.loc.gov/home/lawsmade.bysec/considbycomm.html) in How Our Laws Are Made.
House Floor Consideration
Consideration of a measure by the full House can be a simple or very complex operation. In general a measure is ready for consideration by the full House after it has been reported by a committee. Under certain circumstances, it may be brought to the Floor directly.
The consideration of a measure may be governed by a "rule." A rule is itself a simple resolution, which must be passed by the House, that sets out the particulars of debate for a specific bill�how much time will allowed for debate, whether amendments can be offered, and other matters.
Debate time for a measure is normally divided between proponents and opponents. Each side yields time to those Members who wish to speak on the bill. When amendments are offered, these are also debated and voted upon. If the House is in session today, you can see a summary of Current House Floor Proceedings (http://clerk.house.gov/floorsummary/floor.html).
After all debate is concluded and amendments decided upon, the House is ready to vote on final passage. In some cases, a vote to "recommit" the bill to committee is requested. This is usually an effort by opponents to change some portion or table the measure. If the attempt to recommit fails, a vote on final passage is ordered.
Resolving Differences
After a measure passes in the House, it goes to the Senate for consideration. A bill must pass both bodies in the same form before it can be presented to the President for signature into law.
If the Senate changes the language of the measure, it must return to the House for concurrence or additional changes. This back-and-forth negotiation may occur on the House floor, with the House accepting or rejecting Senate amendments or complete Senate text. Often a conference committee will be appointed with both House and Senate members. This group will resolve the differences in committee and report the identical measure back to both bodies for a vote. Conference committees also issue reports outlining the final version of the bill.
Final Step
Votes on final passage, as well as all other votes in the House, may be taken by the electronic voting system which registers each individual Member's response. These votes are referred to as Yea/Nay votes or recorded votes, and are available in House Votes by Bill number, roll call vote number or words describing the reason for the vote.
Votes in the House may also be by voice vote, and no record of individual responses is available.
After a measure has been passed in identical form by both the House and Senate, it is considered "enrolled." It is sent to the President who may sign the measure into law, veto it and return it to Congress, let it become law without signature, or at the end of a session, pocket-veto it.
The chief function of Congress is the making of laws. The legislative process comprises a number of steps. A very brief overview of the legislative process within the House of Representatives is presented below. There are many aspects and variations of the process which are not addressed here. A much more in-depth discussion and presentation of the overall process is available in How Our Laws Are Made (http://thomas.loc.gov/home/lawsmade.toc.html). Most of the information presented below was excerpted from that Congressional document.
Forms of Congressional Action
The work of Congress is initiated by the introduction of a proposal in one of four principal forms: the bill, the joint resolution, the concurrent resolution, and the simple resolution.
Bills
A bill is the form used for most legislation, whether permanent or temporary, general or special, public or private. A bill originating in the House of Representatives is designated by the letters "H.R.", signifying "House of Representatives", followed by a number that it retains throughout all its parliamentary stages. Bills are presented to the President for action when approved in identical form by both the House of Representatives and the Senate.
Joint Resolutions
Joint resolutions may originate either in the House of Representatives or in the Senate. There is little practical difference between a bill and a joint resolution. Both are subject to the same procedure, except for a joint resolution proposing an amendment to the Constitution. On approval of such a resolution by two-thirds of both the House and Senate, it is sent directly to the Administrator of General Services for submission to the individual states for ratification. It is not presented to the President for approval. A joint resolution originating in the House of Representatives is designated "H.J.Res." followed by its individual number. Joint resolutions become law in the same manner as bills.
Concurrent Resolutions
Matters affecting the operations of both the House of Representatives and Senate are usually initiated by means of concurrent resolutions. A concurrent resolution originating in the House of Representatives is designated "H.Con.Res." followed by its individual number. On approval by both the House of Representatives and Senate, they are signed by the Clerk of the House and the Secretary of the Senate. They are not presented to the President for action.
Simple Resolutions
A matter concerning the operation of either the House of Representatives or Senate alone is initiated by a simple resolution. A resolution affecting the House of Representatives is designated "H.Res." followed by its number. They are not presented to the President for action.
For more information on bills and resolutions see Forms of Congressional Action (http://thomas.loc.gov/home/lawsmade.bysec/formsofaction.html) in How Our Laws Are Made.
Introduction and Referral to Committee
Any Member in the House of Representatives may introduce a bill at any time while the House is in session by simply placing it in the "hopper" provided for the purpose at the side of the Clerk's desk in the House Chamber. The sponsor's signature must appear on the bill. A public bill may have an unlimited number of co-sponsoring Members. The bill is assigned its legislative number by the Clerk and referred to the appropriate committee by the Speaker, with the assistance of the Parliamentarian. The bill is then printed in its introduced form, which you can read in Bill Text (http://thomas.loc.gov/home/c110query.html). If a bill was introduced today, summary information about it can be found in Bill Status Today (http://thomas.loc.gov/bss/d110query.html).
An important phase of the legislative process is the action taken by committees. It is during committee action that the most intense consideration is given to the proposed measures; this is also the time when the people are given their opportunity to be heard. Each piece of legislation is referred to the committee that has jurisdiction over the area affected by the measure.
For more information on this step of the legislative process see Introduction and Reference to Committee (http://thomas.loc.gov/home/lawsmade.bysec/introtocomm.html) of How Our Laws Are Made.
Consideration by Committee
Public Hearings and Markup Sessions
Usually the first step in this process is a public hearing, where the committee members hear witnesses representing various viewpoints on the measure. Each committee makes public the date, place and subject of any hearing it conducts. The Committee Meetings (http://www.house.gov/daily/comlist.html) scheduled for today are available along with other House Schedules (http://www.house.gov/house/floor/thisweek.htm). Public announcements are also published in the Daily Digest portion of the Congressional Record (http://thomas.loc.gov/home/r110query.html).
A transcript of the testimony taken at a hearing is made available for inspection in the committee office, and frequently the complete transcript is printed and distributed by the committee.
After hearings are completed, the bill is considered in a session that is popularly known as the "mark-up" session. Members of the committee study the viewpoints presented in detail. Amendments may be offered to the bill, and the committee members vote to accept or reject these changes.
This process can take place at either the subcommittee level or the full committee level, or at both. Hearings and markup sessions are status steps noted in the Legislative Action portion of Bill Status (http://thomas.loc.gov/bss/d110query.html).
Committee Action
At the conclusion of deliberation, a vote of committee or subcommittee Members is taken to determine what action to take on the measure. It can be reported, with or without amendment, or tabled, which means no further action on it will occur. If the committee has approved extensive amendments, they may decide to report a new bill incorporating all the amendments. This is known as a "clean bill," which will have a new number. Votes in committee can be found in Committee Votes.
If the committee votes to report a bill, the Committee Report (http://thomas.loc.gov/cp110/cp110query.html) is written. This report describes the purpose and scope of the measure and the reasons for recommended approval. House Report numbers are prefixed with "H.Rpt." and then a number indicating the Congress (currently 107).
For more information on bills and resolutions see Consideration by Committee (http://thomas.loc.gov/home/lawsmade.bysec/considbycomm.html) in How Our Laws Are Made.
House Floor Consideration
Consideration of a measure by the full House can be a simple or very complex operation. In general a measure is ready for consideration by the full House after it has been reported by a committee. Under certain circumstances, it may be brought to the Floor directly.
The consideration of a measure may be governed by a "rule." A rule is itself a simple resolution, which must be passed by the House, that sets out the particulars of debate for a specific bill�how much time will allowed for debate, whether amendments can be offered, and other matters.
Debate time for a measure is normally divided between proponents and opponents. Each side yields time to those Members who wish to speak on the bill. When amendments are offered, these are also debated and voted upon. If the House is in session today, you can see a summary of Current House Floor Proceedings (http://clerk.house.gov/floorsummary/floor.html).
After all debate is concluded and amendments decided upon, the House is ready to vote on final passage. In some cases, a vote to "recommit" the bill to committee is requested. This is usually an effort by opponents to change some portion or table the measure. If the attempt to recommit fails, a vote on final passage is ordered.
Resolving Differences
After a measure passes in the House, it goes to the Senate for consideration. A bill must pass both bodies in the same form before it can be presented to the President for signature into law.
If the Senate changes the language of the measure, it must return to the House for concurrence or additional changes. This back-and-forth negotiation may occur on the House floor, with the House accepting or rejecting Senate amendments or complete Senate text. Often a conference committee will be appointed with both House and Senate members. This group will resolve the differences in committee and report the identical measure back to both bodies for a vote. Conference committees also issue reports outlining the final version of the bill.
Final Step
Votes on final passage, as well as all other votes in the House, may be taken by the electronic voting system which registers each individual Member's response. These votes are referred to as Yea/Nay votes or recorded votes, and are available in House Votes by Bill number, roll call vote number or words describing the reason for the vote.
Votes in the House may also be by voice vote, and no record of individual responses is available.
After a measure has been passed in identical form by both the House and Senate, it is considered "enrolled." It is sent to the President who may sign the measure into law, veto it and return it to Congress, let it become law without signature, or at the end of a session, pocket-veto it.
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bandaru9989
08-14 09:18 PM
I have a last pay check through an Employer A of August 1, 2008. Earlier before leaving Employer A I filed a H1 transfer to a new employer B and that got approved by USCIS but I didn't start working with Employer B. Now I am getting a new offer from Employer C which is better than Employer B. Attorney of Employer C says that he can file for a transfer through company A as the pay check is less than two weeks.
Now my problem is I not sure whether my transfer from A to C would be successfull or not?
Another thing I have not informed Employer B that I will not be joining him, Do I have to pay him all the H1 transfer fees?
Now my problem is I not sure whether my transfer from A to C would be successfull or not?
Another thing I have not informed Employer B that I will not be joining him, Do I have to pay him all the H1 transfer fees?
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Blog Feeds
11-02 07:30 PM
Eritrean-born Meb Keflezighi, who won the New York City Marathon yesterday, is the first American man to win the race in 27 years. Meb came to the US as a 12 year old boy in 1987 as a refugee from his war-torn country and became a US citizen in 1998. He has emerged as one of America's leading long-distance runners since graduating from UCLA. He won a silver medal for America in the 2004 Olympics in Athens, but an injury knocked him out of contention last year. The Athens medal was the first for an American male marathon runner since...
More... (http://blogs.ilw.com/gregsiskind/2009/11/immigrant-of-the-day-meb-keflezighi-nyc-marathon-winner.html)
More... (http://blogs.ilw.com/gregsiskind/2009/11/immigrant-of-the-day-meb-keflezighi-nyc-marathon-winner.html)
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Dr. Barry Post
03-31 11:02 PM
:alien:
looivy
08-13 10:07 AM
Hi Gurus,
I am in my 9th year H1-B. I have my I-140 approved and I-485 pending since July 2007 through employer A (EB-3).
Employer B is willing to hire me on H1-B (transfer) using AC21 portability (and similarity of jobs). After the move, employer A will revoke my I-140 for sure.
Can I apply for an H1-B transfer with employer C after a year or two using AC21 portability? I do not want to use EAD. I want to use H1-B tansfer (3 year extensions)?
This is a major decision that I have to make.
Please reply at your earliest convenience.
Thanks.
I am in my 9th year H1-B. I have my I-140 approved and I-485 pending since July 2007 through employer A (EB-3).
Employer B is willing to hire me on H1-B (transfer) using AC21 portability (and similarity of jobs). After the move, employer A will revoke my I-140 for sure.
Can I apply for an H1-B transfer with employer C after a year or two using AC21 portability? I do not want to use EAD. I want to use H1-B tansfer (3 year extensions)?
This is a major decision that I have to make.
Please reply at your earliest convenience.
Thanks.
rajkumari
05-17 01:55 PM
I was on F1 visa and applied for my GC / I485 thru my spouse few years back. Unfortunately while coming back from India 3 years back, I used my stamped F1 visa instead of AP. My lawyer told me that due to this, I have abondoned my AOS and he has to withdraw my 485 and refile it when it will be current. Few days back spouse became current and attorney was preparing to apply for 485 again but in USCIS the status of my application was still shown pending not withdrawn. To our surprise, we saw 2 GC in the mail and the online status was shown approved. But the attorney is saying that we should re-file the 485 since USCIS did not withdraw my application and approved it. They says that I might have issues if my absence is detected when I will apply for citizenship later. Please suggest. I am so puzzled and tensed..
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