gc_75
07-17 08:00 PM
How did you file the AOS with company A when you are not working for that company any more? You need to attach the employment letter from Company A along with I-485 application.
For applying with Company B, you need to have fresh a PERM Labor approved from Company B.
Hope this helps.
I have a unique situation and I would really appreciate if someone can answer.
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
For applying with Company B, you need to have fresh a PERM Labor approved from Company B.
Hope this helps.
I have a unique situation and I would really appreciate if someone can answer.
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
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digitalrain
06-25 06:50 PM
The link below describes where and how to apply for humanitarian parole.
USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)
Thank you.
Should I apply for my kid,or put his name, as if he's applying for himself?
I got an answer from yahoo answers saying that I should apply for it,as if I was my kid,put him as applicant,but how can I sign for it,since he is not me and he is only 6 months.It's terrible and inhuman to separate a newborn from his mother.
Unbelievable!I waited more than two years to get together with my wife and now God knows how long I have to wait to get together with my kid.I just wonder how inhuman human laws can be.
Thank you
USCIS - Humanitarian Parole (http://www.uscis.gov/portal/site/uscis/template.PRINT/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=accc3e4d77d73210VgnVCM100000082ca60aRCR D&vgnextchannel=accc3e4d77d73210VgnVCM100000082ca60a RCRD)
Thank you.
Should I apply for my kid,or put his name, as if he's applying for himself?
I got an answer from yahoo answers saying that I should apply for it,as if I was my kid,put him as applicant,but how can I sign for it,since he is not me and he is only 6 months.It's terrible and inhuman to separate a newborn from his mother.
Unbelievable!I waited more than two years to get together with my wife and now God knows how long I have to wait to get together with my kid.I just wonder how inhuman human laws can be.
Thank you
Prashanthi
06-26 01:57 PM
the above scenario applies only if their is a signed contract between him and the employer, does not apply to an agreement that was made between the recruiter and his employer as he is not a party to the contract.
2011 Nicki Minaj vs Lil Kim:
H1InTrouble
09-21 09:31 AM
Hi
Thanks for the reply. My new employer is fine. He is sure that my current employer cannot do anything as he has failed to meet his obligation as an employer. He cannot provide me with a job at the moment. But my end client is hesitating now. They are a very big company and do not want to get into any legal issues.
If my end client says No then my new employer will also probably back out because of lack of project.
Regards
H1InTrouble.
Thanks for the reply. My new employer is fine. He is sure that my current employer cannot do anything as he has failed to meet his obligation as an employer. He cannot provide me with a job at the moment. But my end client is hesitating now. They are a very big company and do not want to get into any legal issues.
If my end client says No then my new employer will also probably back out because of lack of project.
Regards
H1InTrouble.
more...
vjkypally
11-14 09:16 AM
bump
smisachu
12-24 11:50 AM
Same situation here. I know about renewing H1 with same company is OK but as you have asked with a different company is a big ?. Hope some one answers.....I have appointment in Kolkota but not sure if I should cancel the appointment or go...
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
more...
Oasis52
05-15 02:44 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
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
2010 Nicki Minaj Interview about
pushkarw
12-21 02:19 PM
My question is - WHY WOULD ANYONE HELP US GIVEN THE FACT THAT WE ARE NOT WILLING TO HELP OURSELVES?????
All - Please contribute.
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
All - Please contribute.
Please think:
A. WHY will ACLU assist us? Only because Ms. Singh is there?
B. WHY should Dr. Singh or Mrs. Gandhi assist us? We are trying to emigrate FROM India, NOT immigrate to India, after all.
C. Please do not formulate random "minority community" statements. It is kind of ironic to do so, given the fact that we, the EB immigrants, are usually parts of various minority communities in the U.S., and are desperately trying to make our case to the power structure here...
more...
GCard_Dream
09-15 05:39 PM
No one knows and that is why I said at this time of election period, it is better for them to maintain status quo than favoring legal immigrants.
You are exactly right and that's what house is doing, keeping the status quo. As close to losing the house as repubs are, they don't want to take any chances by upsetting either pro or anti immigration group and are just keeping the status quo for the most part. They have certainly pissed off the illegal folks but I am not sure how that impacts them on Nov 7th.
On the flip side, however, repubs might have pissed off both pro and anti immigration group by not doing anything at all about the illegal immigration. It just depends on how much people care about immigration issue and if that translates in to votes in November. They might be perceived as a do-nothing party. It is such a dividing issue for both repubs and dems that it will probably be a while before it is settled. We shall wait for that to happen. ;)
You are exactly right and that's what house is doing, keeping the status quo. As close to losing the house as repubs are, they don't want to take any chances by upsetting either pro or anti immigration group and are just keeping the status quo for the most part. They have certainly pissed off the illegal folks but I am not sure how that impacts them on Nov 7th.
On the flip side, however, repubs might have pissed off both pro and anti immigration group by not doing anything at all about the illegal immigration. It just depends on how much people care about immigration issue and if that translates in to votes in November. They might be perceived as a do-nothing party. It is such a dividing issue for both repubs and dems that it will probably be a while before it is settled. We shall wait for that to happen. ;)
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Mariarisoleary
01-16 03:16 AM
Please change this.I am new here so I cannot this......so please change this......
more...
bkn96
02-18 01:33 PM
Hello bkn96! congratulations!
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
so, i am interested to know more about your self-employment status. so you saying that you actually worked for your own company when the 485 was adjudicated? so, they did not ask you any questions about that? no rfe? no raised eyebrows? that is cool! how was it? please share!
That is possible. It is like working with any other company. This not exactly self-employment, we (myself +my wife) have created own corporation with my wife has president and me as employee (Both of us have EAD). So then start working for that company. No need to inform USCIS, it is like working with any other company. Again i am still working in same or simlar job description per Labor/I140. It is verymuch legal and we are paying taxes too!!! .
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nashim
08-15 08:50 AM
It is not mandatory to join GC sponsor company while it is under process but it is mandatory to join after approval. Better to consult an attorney.
more...
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akred
06-03 02:17 PM
akred,
I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.
The disciplines are in the right hand column on that page.
I think what you are looking for is information classified by degree name. That level of detail is not available.
I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.
The disciplines are in the right hand column on that page.
I think what you are looking for is information classified by degree name. That level of detail is not available.
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a_yaja
06-25 10:34 AM
I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
It is "at will". But employers can have what is known as a "termination" clause. This clause can be anything (as long as it is legal):
- You cannot quit and join a competitor within 2 yrs
- You have to return all money paid for relocation if you quit within one yr
- You have to pay all costs associated with GC processing if you quit within 2 yrs
It looks like "2 yrs" is the max. time allowed by the law.
As long as the terms are reasonable, it will stand in the court of law. However, stuff like "you cannot do any programming for 2 yrs after quitting" will not hold in the court of law, because the agreement is preventing you from earning a livelyhood - which is illegal.
It is "at will". But employers can have what is known as a "termination" clause. This clause can be anything (as long as it is legal):
- You cannot quit and join a competitor within 2 yrs
- You have to return all money paid for relocation if you quit within one yr
- You have to pay all costs associated with GC processing if you quit within 2 yrs
It looks like "2 yrs" is the max. time allowed by the law.
As long as the terms are reasonable, it will stand in the court of law. However, stuff like "you cannot do any programming for 2 yrs after quitting" will not hold in the court of law, because the agreement is preventing you from earning a livelyhood - which is illegal.
more...
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anantc
06-19 02:08 PM
Hi
Does any one know if it will also be applicable to someone with end of 9th year H1B? I have been getting annual H1Bs fro the past 3 years now, I was wondering if I will be eligible for I-140 premium.
Is Premium Processing of 140 for 9yrs Applicable H1B & 485 pending from June 16th 2008 ?
Appreciate anyone already in same boat!
Does any one know if it will also be applicable to someone with end of 9th year H1B? I have been getting annual H1Bs fro the past 3 years now, I was wondering if I will be eligible for I-140 premium.
Is Premium Processing of 140 for 9yrs Applicable H1B & 485 pending from June 16th 2008 ?
Appreciate anyone already in same boat!
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GCfast
09-08 12:44 PM
Tried it. works quite well..thanks
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chanduv23
10-15 08:02 AM
You are correct Chandu !.
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
People resist changes, in general, many people will be under the impression that their employers will listen to them if they tell them about the harmful effects of outsourcing and prove that it does not work, but they don't realise that management does not look at it that way. All these entrepreneurs are capable and smart and they know what they are doing.
One thing people must understand that in the modren day world, if anything is constant, that is "change". Yes, "CHANGE IS CONSTANT" and one has to adapt to changes to survive in this present day world.
Issues arise time to time, and one has to face them and be bold and must do something about it rather than crib about them.
I was layed off in my 6th year of h1b and thought this is the end of world to me. Everyone around me have all sorts of crap advices like, you must be careful with your manager, you must know how to keep your job, you must learn how to butter your bosses so that you keep job when u r in 6th year of h1b etc...... but some gurus, these are folks in immigration.com who are actually in the IV founding team did gave me a lot of encouragement. I started everything new and found out that nothing is impossible if we work towards it with hard work, faith and perserverence - which is exactly what we are trying to tell people here.
Thise who realise what needs to be done here, come forward, those who do not realise, are always resistant. This is the time everyone comes forward and show support.
If you lose your job due to outsourcing, then there is nothing much you can do about it, but to look for a new job and do something about fixing the system
My manager suggested me to read this book. Actually he refered this book for one of the middle eastern issues.
Even though the company is not fully satisfied with Outsource team performance, still they want to stick to it some time beacuse of low budget and cutdown time. Outsourced company has offered 24x7 development which will attract most US companies.
I think time will come soon that we are going to have GreencardVoice.org and fight for early US citizenship for GC holders!
People resist changes, in general, many people will be under the impression that their employers will listen to them if they tell them about the harmful effects of outsourcing and prove that it does not work, but they don't realise that management does not look at it that way. All these entrepreneurs are capable and smart and they know what they are doing.
One thing people must understand that in the modren day world, if anything is constant, that is "change". Yes, "CHANGE IS CONSTANT" and one has to adapt to changes to survive in this present day world.
Issues arise time to time, and one has to face them and be bold and must do something about it rather than crib about them.
I was layed off in my 6th year of h1b and thought this is the end of world to me. Everyone around me have all sorts of crap advices like, you must be careful with your manager, you must know how to keep your job, you must learn how to butter your bosses so that you keep job when u r in 6th year of h1b etc...... but some gurus, these are folks in immigration.com who are actually in the IV founding team did gave me a lot of encouragement. I started everything new and found out that nothing is impossible if we work towards it with hard work, faith and perserverence - which is exactly what we are trying to tell people here.
Thise who realise what needs to be done here, come forward, those who do not realise, are always resistant. This is the time everyone comes forward and show support.
If you lose your job due to outsourcing, then there is nothing much you can do about it, but to look for a new job and do something about fixing the system
girlfriend Nicki Minaj -vs-Lil Kim
Munna Bhai
11-15 04:27 PM
This may seem as easy as it sounds, but could you get into trouble. Along with EVL USCIS also asks for pay stubs and W2s for RFE. This is to asses your intentions of continuing the job as mentioned in ur labour. Eventhough GC is for future employer. if USCIS finds out that you are not working in a job which matches the job description, it could create problems.
No way they will ask for pay-stubs from future employer. With EAD you can do any job. They may ask for pay stubs and W2 from Current employer.
No way they will ask for pay-stubs from future employer. With EAD you can do any job. They may ask for pay stubs and W2 from Current employer.
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desi_voice
05-02 07:39 PM
Guys,
My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.
@bbct
I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.
@mckottayam
IO did the correct thing for you by giving I-94 validity date based on your extended I797.
Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.
My visa stamping on my passport expires on end of Sep 2009. I am planning to go to India mid July 2009 and come back mid August 2009. I have H1B-I-797 extension upto August 2011. My I-94 which was issued at the POE and the I-94 at the bottom of the extended I-797 has the same number. From what I know when I leave US I should hand over bothe I-94s(given at POE & one below I-797). From what I heard from friends, IO is suppose to give new I-94 validity date based on the extended I-797 validity date and should not give based on date of expiry of visa stamp on the passport.
@bbct
I think IO did a mistake for you, you could have asked him to give I-94 based on your extended I-797.
@mckottayam
IO did the correct thing for you by giving I-94 validity date based on your extended I797.
Question is, incase IO gives a I-94 based on the visa stamping validity date and not on the validity of I-797 can we ask him to give a I-94 based on the I-797. If he refuses, how can we extend the I-94 validity based on I-797.
lazycis
02-13 05:27 PM
If you want IV (immigrant visa), help IV (Immigration Voice)
Roger Binny
08-11 06:48 AM
Answers in bold...
Gurus,
A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.
So, what options do we have ?
a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
- As usual no one knows
b) can AC21 approach be used to port this to a EB2 category ?
- Can you be more elaborate on this
c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
(I am assuming that EB2-I will be current approximately around this time next year).
- If he/she is working and qualifies for EB2-I, certainly one can apply during the I-485 stage i guess one can go for a cross charge-ability (not sure of the word) but yes i have seen posts where one can use the spouse's 485 priority dates.
Thanks.
Gurus,
A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.
So, what options do we have ?
a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
- As usual no one knows
b) can AC21 approach be used to port this to a EB2 category ?
- Can you be more elaborate on this
c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
(I am assuming that EB2-I will be current approximately around this time next year).
- If he/she is working and qualifies for EB2-I, certainly one can apply during the I-485 stage i guess one can go for a cross charge-ability (not sure of the word) but yes i have seen posts where one can use the spouse's 485 priority dates.
Thanks.