cableman
11-20 01:46 PM
My H1B 6 yr limit is set to expire in July 2008. I have an EAD/AP from filing in July. I want to invoke AC21 and change jobs using EAD. I hear a lot of people mention about keeping your H1B visa just in case the I-485 application gets rejected. But even if I extend my H1, it will be based on the fact that I have applied for I-485 since I am over the 6 yr limit. In that case, won't my H1 extension be void too if the I-485 gets rejected. I am not really sure how maintaining H1B/EAD together helps people in my situation. ANy thoughts/inputs welcome.
Thank you.
You extend you H-1B (< 6yrs) based on approved PERM and/or approved I-140. So if your I-485 was rejected, your H-1B would be safe. However, if your employee or USCIS revoked the approved PERM/I-140, then I don't know what would happen to the extended H-1B.
If you invoked EAD and USCIS rejected your I-485, you would lose the EAD as well as the I-485 pending status because EAD was granted on your pending I-485 status.
Thank you.
You extend you H-1B (< 6yrs) based on approved PERM and/or approved I-140. So if your I-485 was rejected, your H-1B would be safe. However, if your employee or USCIS revoked the approved PERM/I-140, then I don't know what would happen to the extended H-1B.
If you invoked EAD and USCIS rejected your I-485, you would lose the EAD as well as the I-485 pending status because EAD was granted on your pending I-485 status.
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Nikith77
12-11 01:24 PM
Hi Gurus
Do we get FP again for second EAD :confused:
Thanks in advance.
Do we get FP again for second EAD :confused:
Thanks in advance.
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puvathoor
04-11 11:59 AM
I think if one is in hell, USCIS can hand deliver..
Heaven is another Story (storey?).. :-)
But as a recent believer in buddhist ideals, I think I will just be a cow in my next life..
That brings up a good point.. as a cow, it would be a bad life for me in USA.. India would be much better bet.. I would be worshipped and rarely eaten.. hmm.. Thinking ahead of the curve, I think I will apply for a "cow green card" for India.. Cows will be clamouring to get to India.. I will be mooing away soon..
Heaven is another Story (storey?).. :-)
But as a recent believer in buddhist ideals, I think I will just be a cow in my next life..
That brings up a good point.. as a cow, it would be a bad life for me in USA.. India would be much better bet.. I would be worshipped and rarely eaten.. hmm.. Thinking ahead of the curve, I think I will apply for a "cow green card" for India.. Cows will be clamouring to get to India.. I will be mooing away soon..
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Alice141
03-26 02:52 AM
Hi All,
I would like to ask if it is possible, and how long does it take if so, for
my parents who live in India to visit me in the UK, then we all apply
for tourist visas for my brother's marriage in the US.
I have indefinite leave to remain in the UK but am not a citizen yet.
The earlies times for appointment for an interview for my parents
in India is 4 months! whereas my brother will be getting married in 3...
Is it possible for them to get the tourist visa for US from here in the UK?
How long would that take if applicable?
Thanks all very much,
I would like to ask if it is possible, and how long does it take if so, for
my parents who live in India to visit me in the UK, then we all apply
for tourist visas for my brother's marriage in the US.
I have indefinite leave to remain in the UK but am not a citizen yet.
The earlies times for appointment for an interview for my parents
in India is 4 months! whereas my brother will be getting married in 3...
Is it possible for them to get the tourist visa for US from here in the UK?
How long would that take if applicable?
Thanks all very much,
more...
skv
08-27 02:38 PM
I (and my spouse as dependent) applied for I-485, AP, and EAD on July 17, 07 and am yet to get the receipt notice. My (and my spouse's) H-1 expires on 12/31/07 and I plan to travel out of the US between November 8 and December 24.
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
I'm positive, you can very much travel!!
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
I'm positive, you can very much travel!!
vedicman
11-08 09:28 AM
Anyone read the book? Plan on getting it for a good read on a long flight.
more...
bobzibub
10-06 05:22 PM
I guess I wasn't shocked when I saw this story, but I have to say it depressed me. The AP reports that Derby Line, Vermont and Stanstead, Quebec, really one town that happens to straddle a border, is now installing security gates to physically separate the community.
More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
Maybe they could use bits of the Berlin wall?
Berlin Wall for Sale - Buy Pieces of the Berlin Wall (http://www.berlin-wall.net/orderform.htm)
:D
More... (http://blogs.ilw.com/gregsiskind/2009/10/immigration-fears-dividing-a-town-literally.html)
Maybe they could use bits of the Berlin wall?
Berlin Wall for Sale - Buy Pieces of the Berlin Wall (http://www.berlin-wall.net/orderform.htm)
:D
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fatboysam
02-12 08:33 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
more...
supers789
05-22 04:34 PM
Hi,
I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -
1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).
2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?
3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?
I will really appreciate anyone can give me some brief guidance on this.
Thanks.
I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -
1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).
2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?
3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?
I will really appreciate anyone can give me some brief guidance on this.
Thanks.
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watzgc
11-05 04:27 PM
Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.
we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.
1. do we need to call USCIS to change the location and date ?.
2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.
3. I have updated the address in USCIS using online AR-11 already.
Plz share your experience/advise...
thanks,
====
PD : mar-2005
we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.
1. do we need to call USCIS to change the location and date ?.
2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.
3. I have updated the address in USCIS using online AR-11 already.
Plz share your experience/advise...
thanks,
====
PD : mar-2005
more...
vikki76
03-28 06:59 PM
Interesting comment on one of old BusinessWeek articles.It strongly highlights power an employer holds over H1-B employee.
http://www.businessweek.com/globalbiz/blog/bangaloretigers/archives/2006/11/us_software_tal.html
"'m not at all surprised that the first few comments on this post have been very skeptical of the skills shortage.
No matter how you feel about the alleged shortage, you have to acknowledge that the H1B gives the employer a remarkable amount of power over the employee's life. The employer bestows the right to live in the United States upon the employee, and often sponsers the employee's application for a green card. Changing employers is not impossible, but it is tricky and perilous.
As an American, I can quit my job and become a contractor. An H1B can't. If my girlfriend decides to move across the country for a new job, I can quit my old job and go with her. An H1B can't. If I decide I'm tired of programming, I can quit and apply to law school. An H1B can't. And, most importantly, if I think I'm talented and should earn well above market rate, I can go into my boss's office and negotiate with the knowledge that I'm free to find a better deal elsewhere. An H1B can't - unless, of course, he's willing to give up on his wait for a green card and return to his country of origin and start all over again.
While I'm not a protectionist in any way, I view the indenturedness of the H1B visa as an affront to everything America claims it believes about human and economic freedoms. No employer should ever have this kind of power over an employee.
Congress is perfectly capably of creating an employment category for foreign nationals that preserves freedom for the engineer who comes to America. They still haven't. Why? Well, the most likely explanation is that the corporations who lobby for this visa *enjoy* this power over engineers. And this, in turn, leads to work conditions that drive America's best and brightest away, into careers in law, medicine, finance, and so forth, exacerbating the very shortage that the visa was designed to address.
Unlike some of the posters here, I'm ok with the existence of skilled worker visas. But any increase should be off the table until basic human and economic freedoms are preserved for the worker. In America, you have the right to quit your job. Period. "
http://www.businessweek.com/globalbiz/blog/bangaloretigers/archives/2006/11/us_software_tal.html
"'m not at all surprised that the first few comments on this post have been very skeptical of the skills shortage.
No matter how you feel about the alleged shortage, you have to acknowledge that the H1B gives the employer a remarkable amount of power over the employee's life. The employer bestows the right to live in the United States upon the employee, and often sponsers the employee's application for a green card. Changing employers is not impossible, but it is tricky and perilous.
As an American, I can quit my job and become a contractor. An H1B can't. If my girlfriend decides to move across the country for a new job, I can quit my old job and go with her. An H1B can't. If I decide I'm tired of programming, I can quit and apply to law school. An H1B can't. And, most importantly, if I think I'm talented and should earn well above market rate, I can go into my boss's office and negotiate with the knowledge that I'm free to find a better deal elsewhere. An H1B can't - unless, of course, he's willing to give up on his wait for a green card and return to his country of origin and start all over again.
While I'm not a protectionist in any way, I view the indenturedness of the H1B visa as an affront to everything America claims it believes about human and economic freedoms. No employer should ever have this kind of power over an employee.
Congress is perfectly capably of creating an employment category for foreign nationals that preserves freedom for the engineer who comes to America. They still haven't. Why? Well, the most likely explanation is that the corporations who lobby for this visa *enjoy* this power over engineers. And this, in turn, leads to work conditions that drive America's best and brightest away, into careers in law, medicine, finance, and so forth, exacerbating the very shortage that the visa was designed to address.
Unlike some of the posters here, I'm ok with the existence of skilled worker visas. But any increase should be off the table until basic human and economic freedoms are preserved for the worker. In America, you have the right to quit your job. Period. "
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mambarg
09-10 06:59 PM
SF is open Tue-Sat.
more...
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sunny1000
07-04 06:07 AM
Hello,
I wonder if there is anybody who could help me with my questions about the diversity visa in US.
I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?
What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?
So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.
I will be thankful if somebody could enlighten me on these.
Thank you very much.
Hi,
Please check out this forum below as most of the members here are employment based applicants.
Lottery Visas - DV - ImmigrationPortal Forums (http://forums.immigration.com/forumdisplay.php?f=38)
Good luck.
I wonder if there is anybody who could help me with my questions about the diversity visa in US.
I was among the randomly selected people for DV 2009. Currently I am in US with F-1 visa. I learned that I am eligible for Adjustment of Status. Do you think it is reasonable to process my files in US or should I go back to my country?
What kind of documents should I fill in? Also I need to pay the filing fees (for I-485 $930 for example). Are there any other costs? I also read that there is a medical examination report, how much could it cost to me?
So after reviewing everything what will be the best decision for me? I asked an attorney but he didn't have enough of experience to help me, and I can not afford one more attorney.
I will be thankful if somebody could enlighten me on these.
Thank you very much.
Hi,
Please check out this forum below as most of the members here are employment based applicants.
Lottery Visas - DV - ImmigrationPortal Forums (http://forums.immigration.com/forumdisplay.php?f=38)
Good luck.
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praveenuppaluri
03-11 11:49 AM
unless you have the new cut-off dates for April - they don't want to look at your thread (waste of their precious minute after waiting for many many years ofcourse)
eliminating dependents count for GC is wishful thinking and many pundits talked this issue over and over and yes, it will greatly help elimate backlog but just blogging wont get us anywhere.. people are so anxiously waiting for the April VB that any thread that doesn't give them the new dates are venting their frustations in giving reds.. may be they are the ones who are closer to their finish lines and waiting for the final push to get them greeeen
anyway, with yours in EB3-I mid 2004 and mine in EB2-I just started after 10 yrs in USA, this should help us stay little optimistic. I gave you a green for sharing some hope (however looooong shot it may be). Thanks
Folks,
Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins
eliminating dependents count for GC is wishful thinking and many pundits talked this issue over and over and yes, it will greatly help elimate backlog but just blogging wont get us anywhere.. people are so anxiously waiting for the April VB that any thread that doesn't give them the new dates are venting their frustations in giving reds.. may be they are the ones who are closer to their finish lines and waiting for the final push to get them greeeen
anyway, with yours in EB3-I mid 2004 and mine in EB2-I just started after 10 yrs in USA, this should help us stay little optimistic. I gave you a green for sharing some hope (however looooong shot it may be). Thanks
Folks,
Please read this. if USCIS takes this seriously then we can expect some movement in coming visa Bulletins
more...
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Jaime
04-21 04:06 AM
John McCain: Illegal Immigrants 'Intentionally Causing Accidents On The Freeway' (http://www.huffingtonpost.com/2010/04/20/john-mccains-strange-clai_n_544559.html)
happens with age, and he probably missed his 6 PM bedtime
happens with age, and he probably missed his 6 PM bedtime
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raysaikat
11-13 09:55 AM
I am working as a biomedical research fellow on a J1 visa for the last 3 years in a non-profit research institute but they cannot sponsor my H1B. I am planning to get a J1 waiver and apply for H1B as I plan to work in the private industry. I am not sure whether I can apply for H1B without an employment offer? I would appreciate any suggestions.
You can never apply for H1-B. Your employer has to petition H1-B on your behalf. So obviously you need to find an employer first with an opening (i.e., you need to find a job first).
You can never apply for H1-B. Your employer has to petition H1-B on your behalf. So obviously you need to find an employer first with an opening (i.e., you need to find a job first).
more...
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nk2006
06-10 01:31 PM
Link: http://www.dhs.gov/xnews/releases/pr_1213101513448.shtm
That's great news - IV's efforts are paying off now. Not sure if they give two years for all EAD's applications (either renewal or new) that are currently pending. Now I wish my application will get a bit delayed in processing :)
Anyway its a good news that they are starting it from June end.
That's great news - IV's efforts are paying off now. Not sure if they give two years for all EAD's applications (either renewal or new) that are currently pending. Now I wish my application will get a bit delayed in processing :)
Anyway its a good news that they are starting it from June end.
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gc_chahiye
01-04 01:24 AM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
If you want to keep your H1-B beyond 6 years, I dont think you have any other option! You have to have your own LC>365 days or approved I140.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
If you want to keep your H1-B beyond 6 years, I dont think you have any other option! You have to have your own LC>365 days or approved I140.
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pappu
01-03 07:07 AM
could someone send a scanned copy of this artcle by email so that it can be posted?
chanduv23
06-27 07:26 PM
Hello Folks:
This long wait for Green Card has made me think about a number of things...
A few days back a couple of my friends have recieved notices from USCIS are sending notices 'Intent to Deny their I-485' w/o any rhyme or reason. Employer says they have not withdrawn their I-140. They said they will appeal but if nothing happens they will go back to India.
Just worried...if this happens to me and I am forced to go out of the country in 30 days, what happens to my US loans. I do not think I would be able to repay back my home & car loans with an Indian salary if I return. In this market I can only sell at a huge loss. I also used US Line of credit for education purposes. Do I need to file bankruptcy? I am on a EAD right now...
Any thoughts on this... greatly appreciate ....it
This is teh first time I am coming across this "Denying without any reason" - If this is really happening then it is a very serious issue. Your friends can contact IV if there is such a notice
This long wait for Green Card has made me think about a number of things...
A few days back a couple of my friends have recieved notices from USCIS are sending notices 'Intent to Deny their I-485' w/o any rhyme or reason. Employer says they have not withdrawn their I-140. They said they will appeal but if nothing happens they will go back to India.
Just worried...if this happens to me and I am forced to go out of the country in 30 days, what happens to my US loans. I do not think I would be able to repay back my home & car loans with an Indian salary if I return. In this market I can only sell at a huge loss. I also used US Line of credit for education purposes. Do I need to file bankruptcy? I am on a EAD right now...
Any thoughts on this... greatly appreciate ....it
This is teh first time I am coming across this "Denying without any reason" - If this is really happening then it is a very serious issue. Your friends can contact IV if there is such a notice
tarone
12-02 01:54 PM
hi sunofeast_gc
Its been over a month now and have not got any response.
Should i apply for 1-140 before my 6th yearh h visa ends.
I have already applied for 7th year extension but i still have few days left for 6th year h visa.
Can you tell me how did you approach to fix the PD i.e should i approach only via my lawyer or directly and by which means like email, phone, letter etc and which department.
thanks
Its been over a month now and have not got any response.
Should i apply for 1-140 before my 6th yearh h visa ends.
I have already applied for 7th year extension but i still have few days left for 6th year h visa.
Can you tell me how did you approach to fix the PD i.e should i approach only via my lawyer or directly and by which means like email, phone, letter etc and which department.
thanks
