jsb
11-27 04:31 PM
Thank you wandmaker. This helps.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
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harsh
02-21 01:35 PM
I am looking to accept a new full time position on H1b with a company other than my current employer. My current employer has offered me to continue with them on a partime basis with a concurrent H1 and I am looking to convert my current full time H1 into a part-time H1 and get the new company to file a new concurrent H1 petition for me for full time. There is no change in title or job description.
My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.
Would appreciate if someone knowledgeable would comment.
Yes you will have to file a new amended petition for the part time work. You might have problem if you first file a concurrent full time H1 as you might be asked how will you work 80hrs a week? So you can file for a H1b "transfer" for the full time work and then file for a concurrent part-time H1b.
My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.
Would appreciate if someone knowledgeable would comment.
Yes you will have to file a new amended petition for the part time work. You might have problem if you first file a concurrent full time H1 as you might be asked how will you work 80hrs a week? So you can file for a H1b "transfer" for the full time work and then file for a concurrent part-time H1b.
silverfishy
05-06 05:27 PM
Folks:
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
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wisley
11-10 08:59 PM
to be frank with you guys my friend have a good bank statment and business in his own country he wanna apply for a tourist visa and i recomended for him to have a hotels .... flight reservation but i am still confused about the purpose of the visit actually its not about the purpose its about his chance to get a visa he never been in the US never apply for a visa , dont have any relatives in the US he wanna try his chances to get a visa only ?????
thats all , any insight :confused:
thats all , any insight :confused:
more...
prasadn
02-04 05:04 PM
Since you were out of the country for more than a year on your previous H1 and subsequently you came to US on a H-4 visa, if you apply for H-1 now, you start afresh. You cannot "transfer" your old H-1 AFAIK, please check with other gurus on this forum.
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
braindrain
04-02 06:37 PM
Hi Friends,
I am visiting to India on vacation and need to go for H1B renewal. My natvie place is in Andhra Pradesh, near to Chennai. So, i am comming from USA to Chennai, and wants to go to Chennai Consulate for stamping.
In vfs site the moment i select AP, it showing only Hyderabad appointment dates. how to choose and schedule appointment in Chennai consulate?
Can any of you suggest, how to proceed? is there any issues of going to Chennai rather Hyderabad?
I am resident of AP and went for my renewal last year to Chennai since its nearer to my place as compared to Hyderabad. There is no explicit way to get Chennai. They have a small percentage or limited slots available for out of state applicants at every consulate and as long they are available you should see the option to pick Chennai.
Initially, I did not get the Chennai option as well, but I kept checking and waited for a few weeks and when Chennai option was available I scheduled the appointment. Hope this helps.
I am visiting to India on vacation and need to go for H1B renewal. My natvie place is in Andhra Pradesh, near to Chennai. So, i am comming from USA to Chennai, and wants to go to Chennai Consulate for stamping.
In vfs site the moment i select AP, it showing only Hyderabad appointment dates. how to choose and schedule appointment in Chennai consulate?
Can any of you suggest, how to proceed? is there any issues of going to Chennai rather Hyderabad?
I am resident of AP and went for my renewal last year to Chennai since its nearer to my place as compared to Hyderabad. There is no explicit way to get Chennai. They have a small percentage or limited slots available for out of state applicants at every consulate and as long they are available you should see the option to pick Chennai.
Initially, I did not get the Chennai option as well, but I kept checking and waited for a few weeks and when Chennai option was available I scheduled the appointment. Hope this helps.
more...
newbee7
07-15 08:04 AM
The whole process in complicated and needs a lot of back and forth btwn hr/attorney. Most attorney's will take 4-6 months at min.
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learning01
05-08 01:24 PM
Thanks. I like your idea;A better place for that would be any country where expatriates work in the Middle East ( Saudi Arabia, Dubai, Kuwait, Qatar, Oman etc)
I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
more...
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suttu
01-14 12:28 PM
Its been more than a month that my employer got the approval email but the lawyers say they never got the paper cert. In their opinion, now it is too late to expect the paper. They also say that it is impossible to get a duplicate cert from DOL.
The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.
Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.
Can folks confirm that PERM certs indeed go missing and this is the only recourse?
The only option, per my lawyers, is to file a regular I140 and ask USCIS to get the duplicate directly from USDOL when we get the RFE.
Has anyone else had a similar experience or is the laywer pulling my chain since i have three EADs and APs due for approval in 3 months.
Can folks confirm that PERM certs indeed go missing and this is the only recourse?
more...
ckpas
10-03 12:17 PM
thanks a lot for your reply.
My employer looked at DOL website and found the status is in-process.
Another question : when you say back to normal process, what do you mean ?
I found that the "Govt error appeal cases" are processed as current, standard appeal have a backlog of aug 2007. My employer said mine wouldn't fall under any of these two conditions. He is confident that the CO just will certify anytime soon. Is this the case ?
My employer looked at DOL website and found the status is in-process.
Another question : when you say back to normal process, what do you mean ?
I found that the "Govt error appeal cases" are processed as current, standard appeal have a backlog of aug 2007. My employer said mine wouldn't fall under any of these two conditions. He is confident that the CO just will certify anytime soon. Is this the case ?
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coolpal
04-14 11:49 AM
Are you working for your new employer now? (I assume not).
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
Is you new employer a consultancy, i.e, your final work assignment will be for another client... if so, then you should expect a RFE (not gauranteed, but most likely) regarding client details and contracts... assuming you fall under this category, I would suggest you to apply for premium processing if you are able to respond to such an RFE...
But otherwise, I wouldn't recommend using premium processing, since you are almost 6 months away from expiry....
pal :)
more...
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immi_enthu
08-18 03:30 PM
Hopefully Nebraska July 2nd filers can start expecting the recipts in next 14 days !!!
And NSC -> TSC transfer dates, god knows how long the wait is
It's worth a wait, TSC is lot faster in processing EAD and AP after receiting than NSC.
And NSC -> TSC transfer dates, god knows how long the wait is
It's worth a wait, TSC is lot faster in processing EAD and AP after receiting than NSC.
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p_aluri
07-24 03:13 PM
PD has nothing to do with EAD processing. They're not linked.
There is no Priority Date on my I-485 receipt notice. Is that a problem?
There is no Priority Date on my I-485 receipt notice. Is that a problem?
more...
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apb
03-31 07:03 PM
I plan to use AC21 and apply G28. Any reasonable lawyer recommendation in and around bay area would be of immense help to me.
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
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Stan09
03-24 02:56 AM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
more...
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hiralal
08-10 11:56 AM
With not many 'easy' H1b cases anymore. This looks like another route for the 'attorney' to get more clients, selling fear!
I agree !! it is definitely bad news and many may end up spending more on a plastic card. more business for lawyers !!!
maybe guiness book of world records should have an entry for the costliest plastic card I just hope and pray that future generations have better options at home and in different countries and links such as these point out the hard truth that everyone needs to have a plan B - and be mobile and ready to move. (i.e. not get stuck with immovable assets).
I agree !! it is definitely bad news and many may end up spending more on a plastic card. more business for lawyers !!!
maybe guiness book of world records should have an entry for the costliest plastic card I just hope and pray that future generations have better options at home and in different countries and links such as these point out the hard truth that everyone needs to have a plan B - and be mobile and ready to move. (i.e. not get stuck with immovable assets).
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bathuzp
12-05 04:18 PM
Hi everyone,
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
I applied for my I-131, I-765 and I-485 together under EB-2 category on the 13th of September 2010. I got approval letters for both I-131 and I-765 by the 9th of November 2010. My wife and I also received our EAD cards and travel documents. But today I got another set of receipts for both I-765 and I-131 with rfe for photographs. The receipts number are different in both the previous and new receipts and the new ones are showing up in pending state on the USCIS website.
Please let me know what can be the reason I got these duplicate receipts and what should be the next steps.
Thank you all in advance,
Bathuzp
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prk_stl
07-01 08:38 PM
hello GCBoy786,
Did you send your documents thru Fedex? If so can please post the address? Thanks
Did you send your documents thru Fedex? If so can please post the address? Thanks
newbie2020
06-23 11:53 AM
I agree , We have a lot of Professionals among us and such activities will certainly help.
Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate
Any thoughts
Some of our members are very experienced in for ex: EAD questions, AC21 questions etc. We can build a skill DB and advertise these services at a much lower rates, Only hitch would be since we are not really Lawyers we may not be too accurate
Any thoughts
deecha
08-18 02:23 PM
Hi
I was not so so keen until this matter was resolved..BUT my GC got approved.
I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
If I divorce and re-marry how do I get my new wife here.
In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
Thanks for ur help
RR
It's not my intention to encourage marital discord. Having said that there are a couple options for you:
(a) If you re-unite and reconcile with your wife, you can file a follow-to-join petition, since you were married before you got your GC. She will get her GC fairly fast and be able to enter as an immigrant.
(b) If you get divorced and get re-married, you're out of luck. You would have to file a Family based I-140 petition (F2A, I think) and it takes about 5-6 years to get something like that approved. In the meantime if you want her to come to the USA, she will have to come on a dual-intent visa such as H1B. The consulate will not give her an ordinary visa. Of course, you can claim citizenship and "upgrade" your petition.
I am not a lawyer and this not legal advice. Please consult an attorney for your specific case.
I was not so so keen until this matter was resolved..BUT my GC got approved.
I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
If I divorce and re-marry how do I get my new wife here.
In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
Thanks for ur help
RR
It's not my intention to encourage marital discord. Having said that there are a couple options for you:
(a) If you re-unite and reconcile with your wife, you can file a follow-to-join petition, since you were married before you got your GC. She will get her GC fairly fast and be able to enter as an immigrant.
(b) If you get divorced and get re-married, you're out of luck. You would have to file a Family based I-140 petition (F2A, I think) and it takes about 5-6 years to get something like that approved. In the meantime if you want her to come to the USA, she will have to come on a dual-intent visa such as H1B. The consulate will not give her an ordinary visa. Of course, you can claim citizenship and "upgrade" your petition.
I am not a lawyer and this not legal advice. Please consult an attorney for your specific case.