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deepakjain
11-16 06:36 PM
Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
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Ramba
09-03 04:48 PM
You have two options. One is forget the current GC and take new job re-start your GC.
The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.
Wrong information. In order to retain the PD from old 140 when filing new 140, the both jobs need not be in same/similar field. You are confused with AC21 job change. The first 140 job can be a "cook" in eb3, and the new 140 job can be "rocket scientist" in eb1.
The second option is keep a copy of your I 140 approval. Join a new company. Re-Start the GC application. When the new labor is approved and lawyer is ready to ship the I 140 package to USCIS ask him to include the copy of Old I 140 approval notice in it with a cover letter to USCIS requesting porting the old priority date to your new application. ( I am not sure of job description in the 2 labors needs to be same/ similar for portablity. My guess is that it does not need to be strictly same but least in same field. Example IT to IT and not say IT to Finance or Healthcare etc)
The best bet is to take an appointment with a lawyer and go over it. Also talk to new companys immigration attorney if he will support this porting when the time comes.
Wrong information. In order to retain the PD from old 140 when filing new 140, the both jobs need not be in same/similar field. You are confused with AC21 job change. The first 140 job can be a "cook" in eb3, and the new 140 job can be "rocket scientist" in eb1.
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Student with no hopes
12-10 09:49 AM
DREAM act is a political issue if passed will get Democrats millions and millions of hispanic votes and possibly help them in 2012 election. Republicans will also want those votes. So there is a possibility that DREAM will pass some day. It is unfortunate illegal aliens get path to citizenship and legal immigrants like us have to wait on an untimed line with a hope to get green card. It is all politics my friends. Bottom line is they are illegal when they came here. If they are students they should get F1 visas if they are working should get work permits. Giving them citizenship is ridiculous. No one supports our cause, not even the Hispanic community. Dude we should oppose illegal immigration that has kept legal immigration at hostage. Jai Hind!1
Few problems with your post
#1 It is politics to help the the hispanic community. At the same time, it is also common sense - since they are the ones, putting their neck out to get the reform. We sit at work and complain - and take no positive action to get the relief.
#2 These people have to stand in line for GC and then citizenship - it is not direct citizenship - it is a path to legal residency.
#3 If you are illegal, can't get any kind of visa - F1 or H1 or even a drivers license - which is why this legislation is justified or accepted by most americans.
Few problems with your post
#1 It is politics to help the the hispanic community. At the same time, it is also common sense - since they are the ones, putting their neck out to get the reform. We sit at work and complain - and take no positive action to get the relief.
#2 These people have to stand in line for GC and then citizenship - it is not direct citizenship - it is a path to legal residency.
#3 If you are illegal, can't get any kind of visa - F1 or H1 or even a drivers license - which is why this legislation is justified or accepted by most americans.
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ras
01-18 02:48 PM
Why not other chapter follow this kind of a small event to bump up the letter numbers???
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jsb
11-14 12:11 PM
Well, are you sure I would need to work for this "future employer" for 6 months?
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
AC21 does not have a limit on the number of times you switch employers. Technically, if you were working for Employer A at the time of the RFE and submit a EVL from Employer A, you could then switch to Employer B immediately on AC21. In this scenario, I haven't worked with A for 6 months.
Is this scenario different because A is not a future employer?
With LC, I-140 and I-485 process, intentions of employee/employer relationship are expected to be bonafide, otherwise it would be fraud. Although a lot of people mention here, and some attorneys suggest, to work for 6 months for the sponsoring employer, there doesn't appear to be any law on that. Circumstances can change any time (AC21 supports that). Therefore, six month, or whatever period you may want to fix, is merely to strength the case that the sponsorship was bonafide. AC21 guidelines are quite lenient in that matter.
Bottomline is whatever happened, or you can provide, to support that there was no fraudulent intent, you are fine. If situation is not clear, and someone decides to contend, courts may come into picture.
Some people mention that six-month working could haunt you at citizenship time, but I doubt that. USCIS have a lot of other things to look at. If you have been a good citizen until then you should be fine.
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softcrowd
06-21 10:43 AM
So if my 140 is denied while my 485 is pending & if I have another 140 that's approved, Can I just swap it? Is that possible?
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pcs
01-02 08:05 PM
Many people like us want to do an automatic contribution. Can the website be modified for this. Setting up direct payment from bank account is more cumbersome as suggested by one member
thanks
thanks
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glus
08-10 11:48 AM
Friends
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.
Best Wishes,
This is my situation
My I 140 approved, my status is F1 COS to H1 B
My wife situation, B1 (Visitor) COS to H4.
Now we r planning to change my wife status from H4 TO F1.
Can anyone with their experience suggest How complicated is my Case!!!!
Can we file COS by ourself or do you suggest to Hire an Attorney.
Pl advice
Thanks
A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.
Best Wishes,
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arun_psu
12-08 10:53 PM
I have the following visa stampings F1(1998 Chennai), H1B(2002 Chennai), F1(2006 Matamaros) and am currently on H1B (not the 2002 company). Am I eligible for stamping in one of the border posts?
thanks
arun
thanks
arun
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GCwaitforever
11-06 11:59 AM
Concurrent H-1Bs are always non-cap.:)
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vkannan
03-12 11:25 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
CONGRATULATIONS on your GREEN! Tried to make you green , by adding to your reputation......;) but I guess with so many reds.....still you will not make it into GREEN....
but hey, you got the GREEN Which really matters......Enjoy
:):):):):):)
CONGRATULATIONS on your GREEN! Tried to make you green , by adding to your reputation......;) but I guess with so many reds.....still you will not make it into GREEN....
but hey, you got the GREEN Which really matters......Enjoy
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eb3retro
02-16 09:56 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
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sukhwinderd
08-15 12:50 PM
was it send to nebraska or texas ?
I thought this will give some hope to you.
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
I thought this will give some hope to you.
Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.
Hope yours on the way too...
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plassey
07-23 10:39 PM
Bad situtation, I think. Happening with one of my freind too.
This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
What are the options for her to bring her spouse to US ?
The spouse has an MBA.
I know H1 is not an option as they have to wait atleast till October 2008.
What are the other quick options?
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tabletpc
03-28 02:50 PM
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
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2pac quotes about haters; 2pac quotes about haters. jacg. Apr 5, 11:44 AM. Are iPods glass-fronted like the iPhone? If so, then removing the button may
punjabi
02-28 12:48 PM
Nothing to worry if you are a genuine employee of a genuine company, as most of us are! People who don't cheat need not be afraid of USCIS or IRS inquisition.
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more.
...
...
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more.
...
...
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
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nixstor
02-23 04:22 PM
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
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prem_goel
01-13 06:56 PM
I have the following visa stampings F1(1998 Chennai), H1B(2002 Chennai), F1(2006 Matamaros) and am currently on H1B (not the 2002 company). Am I eligible for stamping in one of the border posts?
thanks
arun
yes i think so since you have one previous h1b stamping from home country. BUT, you should always check the consulate website for latest rules and info.
thanks
arun
yes i think so since you have one previous h1b stamping from home country. BUT, you should always check the consulate website for latest rules and info.
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andymajumder
09-22 09:33 PM
I applied in early August too but haven't received mine yet. I had delayed applying for my AP and current one expired last week, in the meantime it is possible that I may have to visit India since my dad has suddenly been hospitalized. Is there a way to get an Emergency AP?
Many thanks
Many thanks
abandookwala63
10-26 04:53 PM
Hi ,
Cna someone give me the customer Servcie #s to call For TSC
Are they by service center?
Wat is Second Level Support and what is the # to call them?
Tel # 1-8003755283 and then press # 1-2-2-6-2-2-1
Cna someone give me the customer Servcie #s to call For TSC
Are they by service center?
Wat is Second Level Support and what is the # to call them?
Tel # 1-8003755283 and then press # 1-2-2-6-2-2-1
joydiptac
05-14 05:02 PM
Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?
Now the question is does it automatically lead to audit?
In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
FWIW
Now the question is does it automatically lead to audit?
In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
FWIW
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