DesiTech
06-01 06:46 PM
You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??
MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.
Thx for ur help
If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??
MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.
Thx for ur help
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nemu777
09-17 03:38 PM
Hi Vani,
I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th. Have u been able to get in touch with USCIS regarding your application. Pls update.
I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th. Have u been able to get in touch with USCIS regarding your application. Pls update.
ganugapati
06-18 02:21 PM
My current visa status is I-140 approved, I-485 pending, EAD and AP approved.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
I was unemployed for the past 1 year and am thinking of applying for unemployment benefits. Will this cause any problem in my I-485 application like the employment agency informing the USCIS. Is there a way that the USCIS will find that I am currently unemployed because of applying for benefits and reject my GC.
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synergy
08-15 11:03 AM
Does it apply for people who used AC-21?Do they need to go back to their filing employer after getting green card?
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.
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digital2k
08-06 12:44 PM
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newfoundland
08-04 03:48 PM
Hello,
How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?
I do not want USCIS to send ant document to my ex-lawyer anymore.
Thanks so much
EB2-NIW
PD march 2003
RD - august 2003
I-485 pending
How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?
I do not want USCIS to send ant document to my ex-lawyer anymore.
Thanks so much
EB2-NIW
PD march 2003
RD - august 2003
I-485 pending
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gc4arun
08-03 09:41 PM
Yes. I'm July 2nd Filer at TSC and Still waiting. Any Examples that TSC is processing Apps. from July 3rd ... There might be 1000's still waiting who filed on July 2nd.
I am waiting as well:) EAD abt to expire, not used though.Keeping my fingers crossed, and opened 2nd service request after 45 days of the first SR( did not receive any email for first one) and no response and took infopass appt for 5th august Do not know if NC etc has been cleared or not
I am waiting as well:) EAD abt to expire, not used though.Keeping my fingers crossed, and opened 2nd service request after 45 days of the first SR( did not receive any email for first one) and no response and took infopass appt for 5th august Do not know if NC etc has been cleared or not
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H4_losing_hope
02-13 08:07 PM
See no GC? Hear no GC? Talk to IV
like it!
like it!
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RandyK
10-02 03:06 PM
If the employer is in good financially, then somehow it was not proved to th USCIS when you submitted the docs for the RFE.
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
If you can prove the company is in good fin cond. applealing probably is the best option than starting all over
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hebron
08-10 10:15 AM
Suggestions....anybody? ^^^^
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JSimmivoice
01-25 01:08 PM
Oops mistake in my previous post, my visa stamp on the passport expired Last Year.
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senthil
08-23 05:21 PM
on few forums -ive seen people who already filed I-485 and could not file I-485 due to retro applied and received 3yr H1B extn. I dont think it matters if you have applied for EAD/AP or not. Recently one of my friend ( currently on EAD ) , still applied for 3yr H1B extn and got an approval too.
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
For a safe bet its good to have the EAD/AP with you. has foll advantage
- worst case you can change employment using EAD
- travel issues - esp you can avoid visa related appointment hassle using AP
one more thing - if you dont have travel plans for the next year, you dont need to apply for AP. I beleive only EAD needs periodic renewal every year, independant of if you are using it or not, once you apply first time.
may be many folks here already have real time experiances on this subject, i guess
hope it helps. -- my2c.
all these are my personal views. im not an attorney
thanks
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apb
04-04 01:30 PM
1. Did you find have any issues when getting 485 approved.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
2. Did you file AC21.
Yes
3. Does the job responsibility has to meet 100% word by word.
Not necessary
4. Has any one you applied for EAD extension on your own.
I did not apply for extension. But when my time comes I will do it on my own.
Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.
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fromnaija
10-09 11:52 AM
I initially volunteered to steer the Arizona chapter but my job schedule has changed so much and now involves a lot of in-country and overseas traveling. Would someone please lead this chapter? I will attend any of the chapter activities whenever I am in the country.
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telekinesis
09-05 07:58 PM
The main image in your homepage Ryall is almost 300KB, thats huge!!! My entire splash page is about 55KB and it involves 3ds max renders and hell of a lot of layers...it will take a bit to load for modem users (I pray for them everyday) and if you have any content that 300KB will matter when it comes to a user wanting to visit ur site again, oh yea I fixed my splash cause I changed an image on my server and it screwed with the dimensions so here is the update:
Splash Update:
http://www.macromotive.com/ebay/dalu/da_splash.htm
Splash Update:
http://www.macromotive.com/ebay/dalu/da_splash.htm
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eb3retro
04-12 10:16 PM
Do we really need to attach a copy of the front page of the passport for AP renewal, wouldn't a copy of the DL be sufficient enough?
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lj_rr
08-06 12:52 PM
Congrats.
Labor filing date(not approval date) is your PD.What was the filing date?
It is EB2, labor approval date is my PD - No idea, why profile does not show up.
Labor filing date(not approval date) is your PD.What was the filing date?
It is EB2, labor approval date is my PD - No idea, why profile does not show up.
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h1techSlave
07-24 09:48 AM
2. Look for a job for him in a public/non-profit organization where you don�t have a lot of H-1 restrictions. Ask him to build up his skill set and be prepared to do any kind of employment.
I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.
I think the nitty gritties of these things has to be worked on with a good immigration lawyer.
Cheers,
h1techSlave
I think this is the best option, if the Indian citizen has marketiable skills. Non-profits/universities etc. can file for H1, even when quota is exhausted. If the spouse in the US know some one from the non-profit, then trying to file for H1 for spouse is one good option. I know one couple, who went thru that route. I think (I don't know for sure) the husband had to volunteer (he was already here in H4) for a couple of months to prove to the university that he is good. As I understand, you can volunteer for non-profits when you are in H4. Of course they are not going to pay you while in H4.
I think the nitty gritties of these things has to be worked on with a good immigration lawyer.
Cheers,
h1techSlave
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indyanguy
11-14 10:16 AM
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?
Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.
Hope this helps.
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?
Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.
Hope this helps.
gg_ny
09-12 07:16 PM
Working on "loss of pay" means you are still on the pay roll but cannot sustain keeping up your responsibilities of your job. You are still in status. People who go to home country for visa validation, when get struck there, are supposed to be at "loss of pay" but still on the job; that is the reason they get the visa stamps and come back. If they go into out of status, they wouldn't have gotten the visa stamp. This has happened to a few people from India and China that I know of a couple of years back.
Vacation could be taken under such an understanding with your HR.
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I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
Vacation could be taken under such an understanding with your HR.
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I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
i4u
07-28 08:57 AM
Thanks for your response. I have not tried the infopass yet. But my PD is not current and will that be an issue for scheduling an Infopass apointment.
Also, is Infopass same as Service Request (SR).
Service Request is for those who are waiting for more than 90 days for check clearance or to report a problem. Also check IV wikki (http://immigrationvoice.org/wiki/index.php/Technical_Terms_on_US_Immigration)
Also, is Infopass same as Service Request (SR).
Service Request is for those who are waiting for more than 90 days for check clearance or to report a problem. Also check IV wikki (http://immigrationvoice.org/wiki/index.php/Technical_Terms_on_US_Immigration)
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