nixstor
03-12 03:10 PM
At last my labor is approved and I was to planning to file my 140 under PP. How ever, I am reconsidering the thought as my wife is on H4 and she is being hired on a H1B from Oct1st. If my 140 is filed under PP and approved, her H1 is approved by June/July Can I transfer my H1 to another company to port my PD? What happens to my wife's H4? I am under the impression that she needs to file an extension as well along with me. This will have her H4 approved after H1 and she will need to re validate her H1 status by going out of the country.
Is it possible that my new employer request my H1 transfer and we chose not to request my wife's extension along with mine if she has 2+ years left from the extension we received based on my previous extension? If we have to file for her extension when I transfer (which I think) PP is of no use as Oct 1st 07 is 6+ months away.
Thanks
Is it possible that my new employer request my H1 transfer and we chose not to request my wife's extension along with mine if she has 2+ years left from the extension we received based on my previous extension? If we have to file for her extension when I transfer (which I think) PP is of no use as Oct 1st 07 is 6+ months away.
Thanks
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sioux
11-30 10:36 AM
the examiner should look to the Dictionary of Occupational Titles (DOT) code and/or Standard Occupational Classification (SOC) code, assigned to the I-140 and/or labor certification and compare this with the DOT or SOC code that is appropriate for the new position. Thus, although not stated, this argument and analysis should accompany the request for approval under AC21 portability.
Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.
Until recently I had not even tried to look for other opportunities, but I suddenly find myself with a position (another company). I am not familiar with the rules of AC21. The new position is in management and is most likely in a different SOC code. Have any of you had issues with a move? Is it required to inform the USCIS of the move - I have heard that there is no need to inform? Please help.
tabletpc
12-01 11:35 AM
Sorry to know u r situation. But remember not knowing rules is not an execuse with USCICS.
1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.
2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.
USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.
My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.
Good luck
1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.
2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.
USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.
My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.
Good luck
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i4u
04-27 10:25 AM
h1bwala, have you reported your employer to the dol for not paying you? you should.
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snathan
08-26 02:36 PM
Change the I140 to premium processing. If you are at your end of 6th year and if you have less than six month in your visa, you can apply for premium processing.
shan74
01-11 08:41 PM
i think it is based on the LC requirements. For EB2, u need " A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty."
Let me know if i am wrong
Let me know if i am wrong
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Lisap
09-11 12:21 PM
I received my EAD card a week before I received my fingerprint notice....
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crazyghoda
06-24 04:33 PM
Shaheed crazyghoda. Not sure I like the sound of that.
This service will provide fast track program to reach heaven (or hell dependent if you have GC or not) as well. Anyone interested? :D
This service will provide fast track program to reach heaven (or hell dependent if you have GC or not) as well. Anyone interested? :D
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waitingnwaiting
11-10 09:50 AM
It does not look good. Has been oral arguments for some time now.
Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)
Is there a time limit to lawsuits?
Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)
Is there a time limit to lawsuits?
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upendra
07-09 12:46 PM
Hi ,
I got a RFE for medical which I replied immediately and the current status shows
"we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done"
My PD is not current by the time I got RFE and don't expect it to be current in near future too.
Now, my questions :
1. Does USCIS send a snail mail with in 60 days regarding the status of my application?
2. Is it fair to assume that my case is preadjudicated If I don't get any further RFE's with in 60 days ?
Thanks in advance !!!!!!
I got a RFE for medical which I replied immediately and the current status shows
"we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done"
My PD is not current by the time I got RFE and don't expect it to be current in near future too.
Now, my questions :
1. Does USCIS send a snail mail with in 60 days regarding the status of my application?
2. Is it fair to assume that my case is preadjudicated If I don't get any further RFE's with in 60 days ?
Thanks in advance !!!!!!
more...
GCDeramzz
06-21 10:34 PM
when you are applying for I140 - You may get RFE due to the fact that your education is not matching (equivalent to) 4 years. So it is better to show the education as 4 years ie..if you have some other degrees/diplomas along with your 3 years degree. this has to be mentioned in box#15.
Hope I am clear.
---------------------
I have acquired the above IQ from forums :-)
Hope I am clear.
---------------------
I have acquired the above IQ from forums :-)
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when
06-22 03:38 PM
Hi theshiningsun
I am interested in applying for the EB5 visa as well.
I need one advice from you though, which financial institution are you using to bring you funds over?
I would, please , like to have some refferals
Thank You
Regards
when
I am interested in applying for the EB5 visa as well.
I need one advice from you though, which financial institution are you using to bring you funds over?
I would, please , like to have some refferals
Thank You
Regards
when
more...
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bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
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kbalasgc
08-15 01:31 AM
I applied for my PERM Labor Certification on 06-Aug-2007. My status online shows "APPROVED"on 13-Aug-2007. My Lawyer says that the HARD COPY is needed to move forward (My priority date is Jan-2006 from a prior Labor/I-140 approval).
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
1. How long does it usually take for the Hard copy to reach the attorney's office after approval.
2. Is there any way I can apply for I-140/485 by August 17th given that my status shows "APPROVED" as of today (August 14th).
Any suggestions?
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ssksubash
07-23 02:27 PM
Hi,
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
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plakshmi
08-30 10:07 AM
My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?
more...
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willgetgc2005
04-29 09:33 AM
^^^^^ bumping up. Please respond
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snathan
02-19 04:57 PM
I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
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pappu
07-02 09:58 AM
please do not open threads on the same topics. They will be closed. Do a search on the forum and you will find your answers. Or post in threads that are discussing your topic. It will help keep information in one place and well organized.
newbie2020
04-29 03:48 PM
I came across this one very interesting read on how the Visa cutoff dates are established...
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
bb8185
07-22 07:00 PM
My attorney has asked for the I-485 to be printed:
double sided with Flip to Top option.
Did anyone else do the same?
My lawyer did 'flip to top' aswell.
double sided with Flip to Top option.
Did anyone else do the same?
My lawyer did 'flip to top' aswell.