chaanakya
11-11 02:11 AM
I-539 only allows you to change status between various non-immigrant categories. It seems that reentering the country on H4 is the only way (there may be some way to do this other than that but i am not aware of it.)
If your H1 is valid, why even bother trying to change status in the US? Simply have wife come back on an H4 and all will be good, I am sorry i couldnt be of more help :(
If your H1 is valid, why even bother trying to change status in the US? Simply have wife come back on an H4 and all will be good, I am sorry i couldnt be of more help :(
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watzgc
04-02 06:44 PM
Watzgc,
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
Hi Sid,
My employer is based on CA and my present clinet is within 40 miles from my employer office. still do I need to get LCA ?.
Thanks,
watgc
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
Hi Sid,
My employer is based on CA and my present clinet is within 40 miles from my employer office. still do I need to get LCA ?.
Thanks,
watgc
rajabeta
10-26 04:19 PM
My AP updates in signature.
Anybody got FP notice in this group (NSC to CSC)?
Anybody got FP notice in this group (NSC to CSC)?
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nk2006
10-09 03:16 PM
I understood that if your employer revokes I-140 you have to start the process all over again with a new emplyer, even with AC21. i thought only if the employer does not revoke can you keep your PD and continue from I-485 stage with the new employer. someone, please confirm if this is wrong/correct
I think answer is - Wrong.
My understanding (after reading a lot on multiple sites; I am not a lawyer) is that once you file I140 and I485 and six months are passed you can use AC21 provisions and continue the same I485 application if the new positions is same/similar even if old I140 is revoked. There are multiple scenarios here each having different levels of risks/issues (again as per my understanding):
(i) You filed I140 and I485 (concurrent or separate). I140 is approved. I485 is pending for six months. You got a job with another employer with same/similar function (i.e. same SOC code; and salary is not radically different; similar title). This is the straight forward case. You can change the job � send a letter to UCSIS in a proper format informing them of your job change and new address if any. No need to start the process from scratch at new place even if old employer revokes your I140 your 485 should be approved when priority dates are current.
(ii) You filed I140 and I485 (concurrent or separate). I140 is NOT approved. I485 is pending for six months. This is a bit complicated case but heard still possible if the old employer does not revoke the I140; but if its revoked then back to square one at new employer. It might be possible to keep the priority date if relevant docs are collected (see next).
(iii) I140 is approved, you havnt yet applied for 485. If you change jobs you �might� be able to keep the priority date (if you can get documents). I am not sure if we can keep priority dates if I140 is revoked in this case.
Please comment if my understanding is correct.
Also on a related subject what happens to H1b extension if underlying I140 is revoked? My case is like this: am in 6th year of H1B; applying for I140. Once its approved, planning to apply for 3year extension. After that change employers with new 3year H1B (I know the process has to start fresh at the new place). What happens to my H1B if the old employer revokes the I140. Does this mean my extended h1b is invalid or I can continue without any issues? Anyone in similar situation?
I think answer is - Wrong.
My understanding (after reading a lot on multiple sites; I am not a lawyer) is that once you file I140 and I485 and six months are passed you can use AC21 provisions and continue the same I485 application if the new positions is same/similar even if old I140 is revoked. There are multiple scenarios here each having different levels of risks/issues (again as per my understanding):
(i) You filed I140 and I485 (concurrent or separate). I140 is approved. I485 is pending for six months. You got a job with another employer with same/similar function (i.e. same SOC code; and salary is not radically different; similar title). This is the straight forward case. You can change the job � send a letter to UCSIS in a proper format informing them of your job change and new address if any. No need to start the process from scratch at new place even if old employer revokes your I140 your 485 should be approved when priority dates are current.
(ii) You filed I140 and I485 (concurrent or separate). I140 is NOT approved. I485 is pending for six months. This is a bit complicated case but heard still possible if the old employer does not revoke the I140; but if its revoked then back to square one at new employer. It might be possible to keep the priority date if relevant docs are collected (see next).
(iii) I140 is approved, you havnt yet applied for 485. If you change jobs you �might� be able to keep the priority date (if you can get documents). I am not sure if we can keep priority dates if I140 is revoked in this case.
Please comment if my understanding is correct.
Also on a related subject what happens to H1b extension if underlying I140 is revoked? My case is like this: am in 6th year of H1B; applying for I140. Once its approved, planning to apply for 3year extension. After that change employers with new 3year H1B (I know the process has to start fresh at the new place). What happens to my H1B if the old employer revokes the I140. Does this mean my extended h1b is invalid or I can continue without any issues? Anyone in similar situation?
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mrsr
03-06 08:00 PM
hey pd-capturing,
when you go to Info pass office can you also please find out that Interlinking happens auto matically or do we need to send some paperwork to them
when you go to Info pass office can you also please find out that Interlinking happens auto matically or do we need to send some paperwork to them
s416504
03-18 01:53 PM
You are correct but I think I am not sure if one can change employer (H1B Transfer) during that 3 Year extended H1B period after 485 denial.
Total BS and Incorrect.
One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.
__________________
Not a legal advice.
Total BS and Incorrect.
One can work on current H-1B (irrespective on basis it was approved), until the H-1B petition is revoked or canceled or expired. However, beneficiary is not eligible for new/extension of H-1B after I-485 denial.
__________________
Not a legal advice.
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kommisetty
08-21 03:21 PM
Even though i didn't get my GC yet this info is helpful.;)
PD : 2005 Oct. I-485 Still pending :confused:
Hi guys,
...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
PD : 2005 Oct. I-485 Still pending :confused:
Hi guys,
...
followup post:
I think there is a mix up here between two things:
180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.
If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".
You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.
One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.
One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.
This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.
This is from my discussion in following thread:
http://immigrationvoice.org/forum/sh...ad.php?t=20403
I just put it here so that everyone would not have to try the link and may be this information is useful to someone.
Good Luck.
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sixburgh
08-04 09:04 AM
Congrats for the painless Visa stamping.
If you are on EAD before leaving US, you better to continue the same status. Their might be a situation for USCIS considering giving up your AOS, if you enter US on H1b while you were on EAD before leaving US.
Are you saying that
I should use my AP to enter the USA and not the H1?
And then ofcourse I will have to continue using EAD.
OR are you saying?
I should enter on H1, but use EAD ?
Wont that invalidate my H1 stamp for any future use?
Secondly, Arent the h1 and l1 visa holders allowed to have dual intent?
Why would they reject my 485, just because I used an H1 to re-enter?
I have seen posts on this site where people have entered back on H1 despite 485 pending.
Can someone clarify and help on my situation ?
If you are on EAD before leaving US, you better to continue the same status. Their might be a situation for USCIS considering giving up your AOS, if you enter US on H1b while you were on EAD before leaving US.
Are you saying that
I should use my AP to enter the USA and not the H1?
And then ofcourse I will have to continue using EAD.
OR are you saying?
I should enter on H1, but use EAD ?
Wont that invalidate my H1 stamp for any future use?
Secondly, Arent the h1 and l1 visa holders allowed to have dual intent?
Why would they reject my 485, just because I used an H1 to re-enter?
I have seen posts on this site where people have entered back on H1 despite 485 pending.
Can someone clarify and help on my situation ?
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pbojja
03-18 04:28 PM
I did a blunder by not renewing my passport and travelled to India in August 2007, while returning to US , CBP officer in Chicago issued my I94 only till the expiration of Passport , which is March 2008 . My VISA was valid till Jan 2010
I tried to argue but no use his quote "You can not stay in this country with expired passport" as if there is definitive rule
Irony is I travelled to Canada in July 2007 and at that time my I94 was issued till Jan 2010 . It depends on the officer .
Moral of the Stroy "Renew your passports as soon as you can"
I went to Chicago airport after renewing my passport to renew my I94 , but the officer bluntly denied and asked me to visit USCIS local office . Again just few months back my friend was able to change his I94 in the same airport , looks like I m not that lucky
I contacted my Lawyer on the situation and he suggested either to apply for I94 extension with CIS or travel to Canada . Applying with CIS with 300$ fee doesnt make much sense to me so I decided to fly to Canada and got my new I94 -- Yahoooo atlast valid till Jan 2010
Again in the Tornoto airport officer offered me to keep the same I94 as I did not leave US for more than 30 days , After few scary moments I requested that I needed the new I94 and explained my situation and got it.
I tried to argue but no use his quote "You can not stay in this country with expired passport" as if there is definitive rule
Irony is I travelled to Canada in July 2007 and at that time my I94 was issued till Jan 2010 . It depends on the officer .
Moral of the Stroy "Renew your passports as soon as you can"
I went to Chicago airport after renewing my passport to renew my I94 , but the officer bluntly denied and asked me to visit USCIS local office . Again just few months back my friend was able to change his I94 in the same airport , looks like I m not that lucky
I contacted my Lawyer on the situation and he suggested either to apply for I94 extension with CIS or travel to Canada . Applying with CIS with 300$ fee doesnt make much sense to me so I decided to fly to Canada and got my new I94 -- Yahoooo atlast valid till Jan 2010
Again in the Tornoto airport officer offered me to keep the same I94 as I did not leave US for more than 30 days , After few scary moments I requested that I needed the new I94 and explained my situation and got it.
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gc??
11-12 12:35 PM
If you were a donor member you could have asked IV to help you. They helped people with EAD delays by talking to USCIS.
If you read my post, I did say I got mine in time. I do appreciate what IV does.
I donate when I can, thanks for letting me know that I have to donate.
If you read my post, I did say I got mine in time. I do appreciate what IV does.
I donate when I can, thanks for letting me know that I have to donate.
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Scythe
04-03 05:05 PM
Well I'd take it over $0, which is what one of them will be getting now.
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gcvision07
02-12 10:03 PM
Please add me to the IL state chapter.
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Arise, Awake & stop not till the goal is reached. - Swami Vivekananda
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Arise, Awake & stop not till the goal is reached. - Swami Vivekananda
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hsingh82
06-25 12:09 PM
IMHO, this is a legitimate website as I have been getting updates from them regularly and they are a supporting group for illegal immigrants path to legalization. As per the email I received today, anti-immigrants have sent 693,437 faxes to Washington this month to oppose reform.
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logiclife
07-01 03:12 PM
http://www.kpfk.org/index.php?option=com_content&task=view&id=260&Itemid=82&lang=en
You can hear it here.
At 4:20 EST, Immigration Voice will be covered.
--Jay.
You can hear it here.
At 4:20 EST, Immigration Voice will be covered.
--Jay.
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gsc999
10-07 04:49 PM
Guys, this is not an Indian site. Half the posts have word Indian in them.
I am not apologetic about being Indian but lets remain true to the IV cause
The current economic crisis has many victims. To hear about this 90 year old woman who attempted suicide is depressing too. There is a slight twist at the end, Fannie Mae forgave her debt.
http://abcnews.go.com/US/wireStory?id=5957063
On a different note, what about us folks who have been on this never ending path to legal immigration for ever and such events e.g economic crisis, rising unemployement etc impact us in a huge way and we don't have any recourse. What do you guys think should the USCIS do? Should they "forgive" us our circumstances. Should there be special rules in these unforseen circumstances?
I am not apologetic about being Indian but lets remain true to the IV cause
The current economic crisis has many victims. To hear about this 90 year old woman who attempted suicide is depressing too. There is a slight twist at the end, Fannie Mae forgave her debt.
http://abcnews.go.com/US/wireStory?id=5957063
On a different note, what about us folks who have been on this never ending path to legal immigration for ever and such events e.g economic crisis, rising unemployement etc impact us in a huge way and we don't have any recourse. What do you guys think should the USCIS do? Should they "forgive" us our circumstances. Should there be special rules in these unforseen circumstances?
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nixstor
08-29 01:19 PM
Do they seek some sort of public opinion? If yes, Is that open to non U S citizens? Is there some kind of voting involved? We can touch base with UTD Student Associations so that they can forward it to their alumni who are still in that area.
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permfiling
12-11 03:00 PM
Hi Maverick,
I applied in EB1 a year ago which was denied and appeal pending since 10 months. I am loosing hopes as even appeal cases are not processed in time. Atleast in desh, you can get it done quicker through other means !!!!. What I meant is ...INDIA has also lot of immigrants coming from neighbouring coutries but they get most of the benefits in time rather like us in US.
Contributions : $500
I applied in EB1 a year ago which was denied and appeal pending since 10 months. I am loosing hopes as even appeal cases are not processed in time. Atleast in desh, you can get it done quicker through other means !!!!. What I meant is ...INDIA has also lot of immigrants coming from neighbouring coutries but they get most of the benefits in time rather like us in US.
Contributions : $500
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sanju
07-14 05:34 PM
A few days I called Comcast to disconnect CNN and CNN headlines from my cable. The Comcast representative was surprised as to why I want to cut CNN. She transferred me to her supervisor. The supervisor noted down my complaint and said that he will get back to me in 3 business days. Next day I got a call from Comcast that they will block CNN entirely from my cable. I thanked them as I will not have bigotry coming into my house anymore.
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vidyas_m
03-31 01:07 PM
Very well written letter. However If you agree here is something I feel should be updated.
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
Done!
However, I agree with vdesai_8's corrections and I believe that it would be good to make those corrections in the letter. Thank you!
old:
"These immigrants are waiting to showcase their innovation leadership with their U.S. work experience American education. Immigration Voice will insist that Congress focus on the Green Card backlog rather than on H-1B visas,� concluded Kapoor."
New:
"These immigrants are desperately waiting to showcase their innovation and leadership with their U.S. work experience and an American education. Immigration Voice would like to insist that Congress focus on resolving the Green Card backlog as an endeavor in itself, rather than confusing the issue with H-1B visas,� concluded Kapoor."
Thanks.
Done!
However, I agree with vdesai_8's corrections and I believe that it would be good to make those corrections in the letter. Thank you!
javadeveloper
03-09 10:13 PM
I don't know if it is really easy to renew in US.Because i just filled the form with this link https://passport.gov.in/nri/OnlineRegistration.jsp?pocode=USAW and saved the application.I thought It'll save my details , but It looks like it sent the application to embassy.When I wanted to reprint the form it's asking the Web File No which I never received.May be I need to call them for this #.I tried to fill the form and save again.It's coming up with blank page without any Web File No.
rk2006
05-24 12:30 PM
Sent Fax #15 from CA
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