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  • sac-r-ten
    03-22 12:10 PM
    total time in labor with news paper advt and all buffer is 6-8 months. I140 take another 2 weeks in premium processing. so in all 9months approx. that should give further extension on H1b.
    Also even if previous I140 is revoked, you can have your PD attached to this new labor during I140 application.

    good luck.




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  • jatinr
    08-07 08:14 PM
    :confused:My company has filed my I-485 and not EAD/AP on July 20th.

    I want to file EAD/AP on my own using old forms and old fees before August 17th.

    I would like to know if I can send it NSC where I-485 was filed or as per the new instructions given for direct filing effec July 30th as per new forms.

    Can I file without recieving I-485 receipt by just using Fedex Receipt and Copy of the cheque sent. As this point the cheque is not cleared and I have not received any receipt.

    Does the filing with Fedex option is for people who have filed after July 17th?




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  • wandmaker
    10-01 12:18 PM
    I'm currently working for Company A on H1B Visa. My GC is sponsored through Company B as a future employee. I never worked for Company B which has sponsored for my GC. I have applied for I485 and I140 has been approved for more than 6 months.

    Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.

    Can i apply for H1B extension through Company A based on my I-140 from Company B.

    Yes, it is legal, allowed, and possible

    no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21

    Incorrect




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  • factoryman
    07-01 11:57 PM
    anyways, I like the postive spirit.

    I mean literally.

    Here is one last scenario ( perhaps that is why all attorneys are saying - 'continue with your filings and go on with your life' AND all old saws all good old folks at IV might say 'I told you so'). So, not to be let out, here is my take on things to unfold tomorrow:

    Why did they wait till Jul 2?

    They will release the Aug VB tomorrow. In which they will retrogress most or all categories to 'U'.

    They will enforce the 'DMV office rule'. All who have filed on the basis of Jul VB, will be receipted, may be finger printed but AOS adjudicated and GCs issued as dates become current.

    Good night and good luck to all, particularly to those '599 (174 members and 425 guests)'


    Ok Guys enough "PREDECTIONS" now go to bed.

    Only the coming days will tell us what is going on and what will happen. Everything else is just hear-say.

    Go to sleep and remember that we DO have day jobs.



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  • vik352
    03-20 12:40 PM
    Hi,

    I have a master's degree from a top US university but my current employer applied my GC in the EB3 category. I am planning to move to a different company which is willing to apply in the EB2 category. I have an approved 1-140 with the current employer and my I-485 was sent in July/August. Here are the steps I think I should take after moving to the new company:

    1) After I move to the new company, I can send AC-21 and continue my GC in the Eb3 category.
    2) File a new LC. Send new I-140 in EB2 asking them to use the old PD from the approved EB3 category.

    My question is
    1) Will I run into any issues for my EB3 because the new I-140 is in EB2? I dont want to jeopardise my EB3 application.
    2) Should I not send AC21 if I am planning to switch to EB2 category. My current employer does not revoke I140 even after I move to the new company (anyway, I am doing this after 180 days of I-485).

    Any input is appreciated.




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  • meridiani.planum
    05-05 02:08 AM
    inline...
    I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

    However:
    1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

    yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension

    2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?

    The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
    The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.



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  • Siboo
    06-14 02:35 PM
    What happens after the I-485?

    I guess I-486:D




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  • Counterproductive
    10-30 12:36 PM
    Otherwise its pretty good but I don't know what its for exactly so im going
    assume its some sort of comunity thing. The silhouette of people seems to be pretty trendy right now (ipod, coke, etc). Without knowing what its for thats really all I can say.



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  • pthoko
    07-13 06:49 AM
    Thanks!




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  • dontcareanymore
    12-18 05:28 PM
    Hi

    I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.

    I have 2 questions here.

    1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
    Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.

    2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).

    Please advice, I will really appreciate your suggestions on this ASAP.

    Thanks

    Since you already have last 4 months pay slips and currently working , I dont see a problem , as long as your future employer can show that they have a legitimate opening and can pay you.



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  • 90210
    03-28 05:29 PM
    COme on people, someone answer. :confused:




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  • praveen2008
    02-13 01:24 PM
    Hi

    My wife is on a H4 visa. Her visa is going to expire june 2010... she has to go to India later this month on a very urgent work....

    So is it advisable to go considering the scrutiny at port of entry nowadays ???

    FYI she will be travelling by herself...



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  • sgupta33
    01-29 01:53 PM
    AC 21 allows a job change after 180 days pending of I-485. Will that allow a job change for a similar job position that is employed by a US company but work internationally (i.e. not working in the US)?

    Thanks!

    My understading is that you can not work internationally. This information is based on one of the attorney conference calls IV organized a few months ago.

    On another note, please contribute to IV's letter campaign - this is one way of helping yourself and increasing your options! It only takes a few minutes - sign your name to one of IV's template letters and stick a stamp on an envelope.

    Thanks.




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  • xiaopay
    07-23 09:51 PM
    Do I read right about this?



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  • eagle123
    05-03 03:03 PM
    Hi,

    I am currently on my first OPT which expires in June second week. The company which I am working for is an everified company, hence I applied for my STEM extension last week(I did not get the receipt of confirmation/the new OPT STEM extension card till now). As the STEM extension rules say that we can work for a maximum of 180 days without getting out OPT card, I thought its fine and hence applied a little late.

    The problem here is that my company is getting acquired by another company(this company is not e-verified, but they are planning to get everified, don't know when). It is still in the process of acquisition and the deal is expected to close by July. As this company is not everified(as of now) I cannot work for this company after my first opt expires, till it gets the everified status. As is a general phenomena that when a bigger company acquires another company, some cost cutting might happen.

    I have a few questions.

    1) Do you guys suggest applying for a H1B, with my current company (The problem is that even if my current company applies H1B, I cannot work for the new company as my H1 will be in processing and the new company is not everified, and I would be out of status. I cannot face this situation if the new company gets everified status before my first opt expires, but I am not sure if this is going to happen).

    2)If I file my H1b and the new company decides to not take anyone from the previous company, then my opt would have been canceled as I have applied for H1, and I would not also get H1.

    3)If I get my H1 approved before we get removed, I would have only 1 month(grace period between H1 jobs, I assume) to get a new job and transfer my H1.

    4)Also I dont know if I apply for H1 during the time of acquisition, I am kinda confused what happens with the processing.


    I am really sorry if there is a similar post, but I could not find any. Also I could jolt down only the above scenarios. Please help if there are any other scenarios I missed out.


    Kindly Advice.

    Thanks in advance.




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  • rujulm
    11-03 01:26 PM
    Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.

    Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?

    Is is better to file for H4 from USA itself or to go to India and do it?

    Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?

    Please assist me.

    Thank you in advance.



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  • raysaikat
    05-21 12:02 AM
    I am on my 2nd phase of H1B visa which is valid until 2012.
    I want to quit my job and go back to my home country.
    How long after I quit my job do I get to stay here to wrap up and ship my stuff??
    Does that jeopardize my status? I plan to be here for about 30 days after quitting my job. WOuld that be ok? or is it overstaying?

    If I ever need to apply for a tourist visa in future will this jeopardize my chances of getting a visa then?

    Thank you!

    You have no grace period for staying after your H1-B status becomes invalid (which I believe would happen when you quit your job).




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  • PD_Dec2002
    03-20 07:58 AM
    Can i travel back to USA via London/UK without a valid US visa but with a valid AP?

    London is kind of picky to make sure we have a valid US visa when traveling via their country and have to change planes.

    My friend was coming back to USA via Emirates (Dubai/London/USA) and he was prevented to board the Dubai to London segment because he did not have a valid USA visa and they were not considering the AP documents.

    Flew in on BA via London using my AP in February and everything was fine. They all know what an AP is. But I hope you are aware that you are required to have a UK transit visa since you do not have a valid US visa; just an AP. That's approx $92 per visa.

    Or you can perform a search on these forums for a thread that listed the airlines (countries, actually) that do not require you to have a transit visa if you are reentering US on a AP.

    Thanks,
    Jayant




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  • msyedy
    02-06 12:14 PM
    Hi All,

    I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.

    New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.

    I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?

    As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?

    When can we expect EB2 PD of Jan 2005 to be current.

    I would appreciate your responses.

    Thanks
    Sreedhar

    Do not expect anything, no one can tell you a specific range of dates when the priority of a Labor be current. You can join the old emp and use this priority date from the current emp of Oct 2004 to the one with PD Jan 15th 2005.
    The priority date is based on a person so you can carry it anywhere only after a I-140 is approved for that labor.

    So -- You at the old company can have priority date of Oct 2004.

    Yes you can join the old employer when you anytime, even at the time of fillinng your I-485




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    June 12th, 2005, 04:50 AM
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    kannan
    11-17 05:30 PM
    I-94 was attached.



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