h1b_tristate
07-28 08:35 PM
Hi Everyone,
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
Thanks for your replies. I called a couple of lawyer offices and this is the response i got.
For the candidate to switch jobs here are the rules:
1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
AND
2) To keep getting 3 year extentions, your I-140 in the First company should be approved
AND
3) The First company should NOT revoke your existing Green Card application.
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meyshimmi
02-09 11:07 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
crystal
10-15 12:39 PM
as far as i know CSC sending the transfer notices after issuing the receipts. Did u check with ur lawyer for receipts? .
Received Transfer notice from CSC to NSC...originally filed at TSC.
No Receipt Notice, EAD, AP or FP.:mad:
Received Transfer notice from CSC to NSC...originally filed at TSC.
No Receipt Notice, EAD, AP or FP.:mad:
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stemcell
02-11 11:55 AM
MOE
Please 'no more posts' and 'GOODBY' :D
Please 'no more posts' and 'GOODBY' :D
more...
gchandu
04-12 10:12 AM
Hi
I e-filed my EAD and AP at Texas Service centre...did not get any FP notices and both EAD and AP got approved...
Don't know the logic / rule on when will they issue FP notices and for which category / state of people....
Thanks
Chandu
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
I e-filed my EAD and AP at Texas Service centre...did not get any FP notices and both EAD and AP got approved...
Don't know the logic / rule on when will they issue FP notices and for which category / state of people....
Thanks
Chandu
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
ita
10-26 10:28 AM
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?
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?
more...
ski_dude12
03-22 11:50 AM
What about your previous H4 visa. Is that valid? or did they void that visa when they refused the new one. Or your previous H4 has expired?
If your previous H4 is valid you can try to re-enter using that. You will have to tell the officer at POE about your H4 visa denial, if asked.
Good luck and do not get scared. It is not the end of the world.
If your previous H4 is valid you can try to re-enter using that. You will have to tell the officer at POE about your H4 visa denial, if asked.
Good luck and do not get scared. It is not the end of the world.
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md2003
04-05 08:36 AM
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
more...
gapala
07-23 08:45 AM
Hi,
I don't have surname in my Passport my full name is given in " Given Names".
so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
IS it ok ? or does it create any problems while I go for visa stamping/interview.
If I cannot put NA then what do I put in Surname column on D-156 and D-157.
Thanks
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
I don't have surname in my Passport my full name is given in " Given Names".
so while filling up the form (D-156 and D-157) for appointment I put NA in surname, so now my name in "Applicant Name" is myname followed by NA.
IS it ok ? or does it create any problems while I go for visa stamping/interview.
If I cannot put NA then what do I put in Surname column on D-156 and D-157.
Thanks
You meant to say NA for "not applicable" right? Others may not interpret Name followed by NA in the same way. This part of the world NA also stands for "North America" :)
This might cause issues in long run especially when you apply for GC or even extention of visa as the Name in the passport will not match the visa or even your records from school and university.
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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
more...
rajmehrotra
07-09 02:02 PM
I understand, but don't. The possibility of you getting hurt in some way if he reciprocates in kind is much higher. Steel yourself, and move on...
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GCHope2011
05-15 11:25 PM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
more...
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ramaonline
07-15 02:10 PM
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
But on H4 you can still work on EAD, while maintaining your H4 status.
H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.
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Jyothi
12-12 04:23 PM
insted of using "U" they change the date to Jan 2000
more...
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desi485
09-26 05:38 PM
My application reached NSC (as per FedEx tracking) on July 24.
My co-workers who filed to NSC thru' same lawyer all got receipts and FP notices. Many of them filed weeks after.
My checks have NOT been encashed yet. Neither I have received any updates on receipts or any kind of processing.
USCIS offers no help and told me to wait for 90 days. Lawyer has the same opinion. Last USCIS receipting update shows that all centers have processed upto July 29 applications.
My last name starts with 'z' and my co-workers are making fun of me that USCIS processes AOS applications alphabetically based on last name :o
what could be the reason??? This is killing me.
My co-workers who filed to NSC thru' same lawyer all got receipts and FP notices. Many of them filed weeks after.
My checks have NOT been encashed yet. Neither I have received any updates on receipts or any kind of processing.
USCIS offers no help and told me to wait for 90 days. Lawyer has the same opinion. Last USCIS receipting update shows that all centers have processed upto July 29 applications.
My last name starts with 'z' and my co-workers are making fun of me that USCIS processes AOS applications alphabetically based on last name :o
what could be the reason??? This is killing me.
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scorpioduo
04-16 04:39 PM
What is an "MTR"?
MTR=Motion To Reopen the case
MTR=Motion To Reopen the case
more...
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CHHAYA
04-20 01:19 PM
I filed on March 10 2011 at texas service center, check was cashed on 3/15. Hope that helps.
Thanks.
Thanks.
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PavanV
09-06 02:28 PM
Boss,
Even in India some of the southern states dont like speaking in Hindi. In India, it is all about showing off, if your kid is here in US (as a slave on H1 B), Badi garv ki bat hai in India, dollar mein paisa banara hai na, isliye. The trend is more in AP (by the way i am from AP), where almost every family has one or more living and earning in phorein currency. As long as the native country cannot produce jobs for all (without reservations) and a decent standard of living, people will steal, lie, deceive, kill to come here to the US, and i guess they don't mind waiting for 20 yrs living as bounded slave, after all it is better here than the slum's isn't it ?
(Satire included :))
Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.
Even in India some of the southern states dont like speaking in Hindi. In India, it is all about showing off, if your kid is here in US (as a slave on H1 B), Badi garv ki bat hai in India, dollar mein paisa banara hai na, isliye. The trend is more in AP (by the way i am from AP), where almost every family has one or more living and earning in phorein currency. As long as the native country cannot produce jobs for all (without reservations) and a decent standard of living, people will steal, lie, deceive, kill to come here to the US, and i guess they don't mind waiting for 20 yrs living as bounded slave, after all it is better here than the slum's isn't it ?
(Satire included :))
Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.
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satyasaich
10-21 10:16 AM
That means let Immigrants suffer in hell. with this ignorant guy's letters, and inturn USCIS responds and issues a dump memo on that letter again, and the suffering becomes more and more day by day. Is the republicans have majority or Democrats I have doubts about that. This bipartisan is a key word to do nothing and enjoy all the benefits of being the ruling side. There is no seniority issue here. These senators are weeds who make immigrants life miserable.
Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
eb2_hope
08-08 09:20 AM
Friends , Just wanted to let you know that Infopass at Detroit local office is total waste of time. Today morning I had infopass appointment ( EB2-I 2004 ) .IO officer told us that they are not allowed to give any information regarding name check due to security reasons. Also IO told us that 1-800 number CR are trying to get rid of us hence they send us to Infopass at local office but local office has got instructions not to reveal any information about I-485 employment based cases.
So much for transparent and fair law in USA and american dream ..:mad::mad::mad:
So much for transparent and fair law in USA and american dream ..:mad::mad::mad:
chanduv23
03-09 02:40 PM
In similar context I have a few questions...
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
As most EB3 numbers go to IT software and as there are so many issues, until DOS and USCIS fix these issues they wont move these forward
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