add78
03-20 10:01 AM
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
wallpaper cute quotes and sayings about
amitbane
02-24 01:02 PM
Hi KaylaMarie,
Any non-profit institution which engages in research/ collaboration with an university is H1b-cap exempt. Also H1B cap-exemption is possible if you work at a non-profit/ university, but not paid by it (e.g. paid by some other company).
My wife came from India 2 months ago. She has a degree in biostatistics and is in a similar situation. If you would like to get in touch, let us know.
Regards,
Any non-profit institution which engages in research/ collaboration with an university is H1b-cap exempt. Also H1B cap-exemption is possible if you work at a non-profit/ university, but not paid by it (e.g. paid by some other company).
My wife came from India 2 months ago. She has a degree in biostatistics and is in a similar situation. If you would like to get in touch, let us know.
Regards,
bluez25
08-23 01:59 PM
Thanks and appreciate closing the other duplicate thread paskal. I wasnt sure about which categorty should I put this torture story.
Keep up the good work..
Keep up the good work..
2011 cute quotes and sayings for
Keeme
06-25 02:15 PM
^^^^^^
Excellent initiative ! Let's do it !
Excellent initiative ! Let's do it !
more...
a_yaja
10-07 01:47 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
You need to file a new I-9 with EAD as condition of employment ASAP. Otherwise you are working without authorization as your H1B has expired. As far as status is concerned, you are good as you are on AOS, but file the new I-9 (with HR dept. of your employer) quickly to avoid possible complications in your GC process.
gc_chahiye
10-26 03:52 PM
W... For regular applications, they don't even have a column asking for any valid reason.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
....
Right. The Initial Evidence section of the I-131 form. Under section I part C 1 b. on page 4 (page 4 in PDF, page 3 printed on that doc) does mention this:
An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document; or
but the very next line is that the alternative to this is a copy of the USCIS receipt of your 485. So just USCIS receipt (or even receipt number) should be good enough for us (or if you filed all three together, dont even need that).
Anyway to OP: ask your lawyer to apply, you should not face any problems getting it.
more...
malibuguy007
10-02 10:37 AM
Thanks Jayleno, you know your contribution will go a long way.
2010 cute pictures of quotes. cute
crystal
07-07 10:34 PM
We already have two threads running on top for this . So more ppl can be informed... Its not spamming.. ;)
more...
gcpool
03-12 06:29 AM
The above is right. But make sure its applied all over the application. If not the application will be returned to you. Use the above argument in the front and then attach both the I-140s and then mark on the I-140 which is original one and which ones priority date is being used.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
Do this for every applicant. Get it done via an attorney who has done this before. Most of them dont even have a clue how to do it.
It can be done at I-485 stage.
Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification
ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.
hair cute quotes and sayings about
meridiani.planum
06-29 03:27 PM
inline...
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
I have been trying hard to get an answer for this question without any luck. My corporate attorney doesn't seem to have the slightest inclination on this subject. I would really appreciate responses.
My case details:
Visa on the passport up until Feb 2009
6 year term ending on Feb 2010
Date on I94 in passport is Feb 2010
I140/I485 concurrently applied on July 07
Currently have EB3 I-140 filed based on Substitute Labor at NSC.
Questions -
1. If my I-140 case gets picked up AFTER Feb 2009 (less than 365 days of H1 6 year term ending) and is denied (God forbid!), will I be eligible to file for a post 6 year H1 extension? Since this is Labor Sub, the labor doesn't have my name on it.
No. once the I-140 goes, its the end of that GC process, you will need to restart from LC stage. The LC would also be effectively gone at that point.
2. If yes for (1), will I be eligible for 1 year or 3 years H1 extension?
If its denied, you can file an MTR/appeal and file for an H1 extension. File the extension in premium processing, and the extension will come through before your MTR is processed and will be for one year. you need to be at the stage where you can file the extension (within 6 months of expiry of current H1)
3. Can I file for a new PERM at that time and get an extension based on that?
Your PERM PD will need to be 365 days old. Meaning you will need to start the PERM process atleast 16-14 months before the end of your H1. The other hope is that before Feb 2010 your PERM comes through and also your I-140 gets approved (so you can get 3 year extensions if your are from a retrogressed country and 1 if you are not)
4. Do I need to refile I-485?
If that I-140 is denied, the I-485 automatically goes. So you'll need to restart from PERM, I-140, then file a I-485; its a complete restart of the GC. Your PD will be the new date, you cant recapture the old one if your I-140 is not approved.
more...
gcnotfiledyet
05-12 11:42 PM
I wonder what is the need of such crap from these airlines? Why not fly directly when service is available. Racism in Europe is a known fact and is evident everywhere. Best is to boycott their service and they will realize the result. Until people start doing it on massive scale they will not provide proper service.
My advice screw Europe, fly direct. This will help US economy and help create jobs here and can indirectly help us here.
My advice screw Europe, fly direct. This will help US economy and help create jobs here and can indirectly help us here.
hot cute love and sayings. cute
vontlin
10-03 06:39 PM
My student advisor asking me to show the I-94 Parole not expired, i didn't renew my AP last year since i was not going to travel.
Question is, do we need to travel every year to show the I-94 unexpired to get the FAFSA Loan
Question is, do we need to travel every year to show the I-94 unexpired to get the FAFSA Loan
more...
house cute sayings about friendship.
chintu25
09-15 12:38 PM
I am in
:rolleyes: Its about time
:rolleyes: Its about time
tattoo Sayings, Cute Quote,
willigetgc?
08-04 08:31 AM
I would think writing back to the Senator's office regarding your email and the unrelated response you got from the office has frustrated you, as the Senators does not seem to understand the problems, and therefore you are asking for an appointment to meet with the senator and explaining it personally.
You may not get the appointment to meet with the Senator, but you will let them know how badly they are screwing up constituents complaints. By following up and actually meeting with an immigration staff members in the Senator's office will be good.
You may not get the appointment to meet with the Senator, but you will let them know how badly they are screwing up constituents complaints. By following up and actually meeting with an immigration staff members in the Senator's office will be good.
more...
pictures hairstyles cute sayings about
anilsal
12-18 05:27 PM
I always call them and tell them that I am not. Based on my car records, they send the jury notice each time.
I do not think there is a need to send a copy of passport.
I do not think there is a need to send a copy of passport.
dresses cute sayings about friendship.
jonty_11
07-17 06:25 PM
thisis actual USCIS RELEASE
now its official from USCIS
http://www.uscis.gov/files/pressrele...ate17Jul07.pdf
now its official from USCIS
http://www.uscis.gov/files/pressrele...ate17Jul07.pdf
more...
makeup cute sayings #1
Eb3_frustrated
07-24 03:55 PM
I dont mean to offend you but ability to file I-485 when the numbers have retrogressed is all it take to alleviate a majority of our problems, that is in the agenda and SKIL bill currently in house and approved by senate in CIR.
So if SKIL bill gets passed we should be fine, but when is a big question ???
So if SKIL bill gets passed we should be fine, but when is a big question ???
girlfriend cute sayings for boyfriends
pappu
06-29 10:08 AM
I am putting an extra freshly painted mailbox with a big bold name in red color and a message-- 'Put my greencard here' for the postman. :)
Lets see how many years it will take for him to finally grant me my wish.
Lets see how many years it will take for him to finally grant me my wish.
hairstyles cute love sayings and quotes.
andhrawala
08-23 09:20 PM
Hi overseas,
Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.
At least, we can say that we followed the uscis instructions if we get any query.
Thanks for your reply. I also wasted 2 weeks and finally sent my EAD application on Sat'day on Nebraska service as my state OH falls under it's jurisdiction.
At least, we can say that we followed the uscis instructions if we get any query.
vali
11-15 11:01 AM
Vali:
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
thank you very much, I understand now exactly what that means.
thank you all for your time and patience.
Good luck to all of you,
Vali.
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
thank you very much, I understand now exactly what that means.
thank you all for your time and patience.
Good luck to all of you,
Vali.
Raj Iyer
09-22 04:38 PM
Go for premium processing.