wandmaker
07-19 03:20 AM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.
+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple
I have EAD and AP but wondering why I can not transfer H1B?
+++ When you have an option to move to a new employer on H1B then why not
Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.
+++++ Not true
Somebody else said I can transfer until my 6 year period but not beyond to that?
++++++ Not true, see "++"
Others said no matter what I can transfer my H1b to any employer.
+++++++ True
I am confused, please help.
++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many
Hope this helps :)
+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay
After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).
++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple
I have EAD and AP but wondering why I can not transfer H1B?
+++ When you have an option to move to a new employer on H1B then why not
Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.
+++++ Not true
Somebody else said I can transfer until my 6 year period but not beyond to that?
++++++ Not true, see "++"
Others said no matter what I can transfer my H1b to any employer.
+++++++ True
I am confused, please help.
++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many
Hope this helps :)
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amsgc
06-20 12:14 AM
All I can say is for J1 physician is different then regular J1 visa. If you are J1 physician you have to serve 3 years in an underserved area on H1b visa and then and then you can get your GC. If you file NIW for physician you can apply for I-140 and I-485 but you will get GC after 5 yrs of service in an underserved area.
Thank you gondal, for you response.
So, after filing for I-485, one would still maintain their J1, without adversely affecting it, right?
Is your category of J1 also dual intent?
Thanks.
Thank you gondal, for you response.
So, after filing for I-485, one would still maintain their J1, without adversely affecting it, right?
Is your category of J1 also dual intent?
Thanks.
desi3933
06-18 02:56 PM
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
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sanju
02-27 07:19 PM
This guy is a spammer. He is just wasting our time. I'd suggest not to answer him.
auburn2009,
Why don't you search these forums and let us know what you find out.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
auburn2009,
Why don't you search these forums and let us know what you find out.
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
more...
paskal
08-01 12:21 AM
you have a G28 for every petition
even if you did not, it's not mandatory
they can't reject anything for lack of a G28
it's entirely optional
even if you did not, it's not mandatory
they can't reject anything for lack of a G28
it's entirely optional
mrcmic
07-24 07:19 PM
The lawyer also delivered other case using UPS and they already got receipts.
If I have to resubmit, I will use USPS to the PO.Box My attorney uses Fedex and we get receipts on time.
I would recommend to use Fedex instead of UPS.
If I have to resubmit, I will use USPS to the PO.Box My attorney uses Fedex and we get receipts on time.
I would recommend to use Fedex instead of UPS.
more...
lost
07-09 01:12 PM
its a good option to move from eb3 to eb2. Jumping from 2001 to 2005 on VB!
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sbabunle
11-17 09:26 AM
Way to Go India!!!!
Jai Hinddd!!!!
Jai Hinddd!!!!
more...
raysaikat
04-20 10:54 AM
Dealsnet thank you for your input,
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
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mpsamant
07-24 06:32 PM
Dear IV:
As per the USCIS FAQ memo there is some confusion on Q.12:
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
Case:
Category EB-2 (NIW) or EB-1 (OR) from California
1) Will apply for I-140 electronically before July 31, 2007?
DO we have option to choose Texas or Nebraska in e-filling
2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?
3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)
Thanks for the help,
regards
Manoj
As per the USCIS FAQ memo there is some confusion on Q.12:
Q12: Will USCIS accept concurrently filed I-140s/I-485s filed after July 31 when a labor certification is not required (i.e. priority date is established on or after August 1)?
A12. USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 109, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority on or after August 1, 2007.
Case:
Category EB-2 (NIW) or EB-1 (OR) from California
1) Will apply for I-140 electronically before July 31, 2007?
DO we have option to choose Texas or Nebraska in e-filling
2) DO we need to send I-485, EAD, Travel documents before August 17 or is it before July 31?
3) Is this statement correct ? Supporting documents can be mailed within 30 or 35 days after e-filling. It can be sent as a different packet (i.e. need not be sent along with I-485, EAD, and travel document)
Thanks for the help,
regards
Manoj
more...
raysaikat
04-20 10:54 AM
Dealsnet thank you for your input,
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
I already have an OPT and planning to work on it in the real estate field. but my Opt will be expiring at the end of this year and i am looking for other ways to keep working in the US. From what you telling me i don t have much options. i will keep looking or hire a lawyer there must be a solution. i am a bit surprised that they allow you to work in such field with an OPT and you can t take it anywhere.
Thanks for your help, I really appreciate it.
The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)
USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
"Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."
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suriajay12
05-11 06:05 PM
Guys,
Read till the end....
I know with this thread I'll get 100000 red dots, but anyways never mind...
I see the immigration portal when the process on my other machine is running and I have nothing else to do. But thats irrelevant on why and what I do.
The point is , I see everyone coming up with 100000 different ideas, and then there is a never ending thread of debates on should we do it or do not. pros and cons, blah blah blah. Debates are good , as it results the best of both parties views. But I see a trend here which is , the discussion happens and then the idea goes down the flush. I never see,
kinda list or something like that, which says these were the action items selected by the IV team and this is the status of the same. Seems to me everyone comes up with something and discuss and they forget about it.
I think a bit of Project management is required to be in place. also a workflow with the option to introduce the idea then debate and a voting and once thats done , if idea is selected it should move on to action item category else if the idea is in the process of debate the list should show as the status 'Pending in Process'.
At the end of the day , at a glance everyone will have the visibility of, where do we stand with all the ideas and how far are we with selected ideas as action item and results of it.
Well I think this is also an idea and will now subject to debate and then lets see if it goes off the flush or some workflow and new menu items appear on the IV.
Nothing negative , but the IV members and views are to scattered, specially with the lack of ownership and leadership its like headless chicken running is all directions, and I totally understand the admin of this group and website are also guys like us , who got jobs and family and tons of different things to do, but now I think there is a need to revisit and see how the division of the labor can be done and responsibilities are assigned so that not just a few guys gets the pressure of getting the things done, but a joint responsibility like an organization( not just a word but in real sense) gets the mission accomplished.
Well the processing is complete I'll get back to my other screen now..
PS: No intentions to hurt or demoralize anyone or any effort. Just thought a little enforcement and leadership is required so thought of mentioning it. ( My english is not so great so please pardon me)
<B>The same thread was posted with a different heading on the forum with the heading " Status Update on Action Items"</B> . I was trying to do the analysis on what kind of readers does this portal has. The readers who really wanna do something or just timepass.
And if you are reading this and skipped reading the other one, you are one those thousand who do not wanna do anything but just sit and timepass and when get frustated, open a thread and vent out frustation with some idea.
The reason behind this conclusion is because, if you want to see a difference and to see where are you heading to in terms of what is done and what is to be done, you would have open the other thread. Makes sense?
__________________
Thanks
Live well do good
Good one, I support your views and I am ready to participate in any campaign that helps us all.
Read till the end....
I know with this thread I'll get 100000 red dots, but anyways never mind...
I see the immigration portal when the process on my other machine is running and I have nothing else to do. But thats irrelevant on why and what I do.
The point is , I see everyone coming up with 100000 different ideas, and then there is a never ending thread of debates on should we do it or do not. pros and cons, blah blah blah. Debates are good , as it results the best of both parties views. But I see a trend here which is , the discussion happens and then the idea goes down the flush. I never see,
kinda list or something like that, which says these were the action items selected by the IV team and this is the status of the same. Seems to me everyone comes up with something and discuss and they forget about it.
I think a bit of Project management is required to be in place. also a workflow with the option to introduce the idea then debate and a voting and once thats done , if idea is selected it should move on to action item category else if the idea is in the process of debate the list should show as the status 'Pending in Process'.
At the end of the day , at a glance everyone will have the visibility of, where do we stand with all the ideas and how far are we with selected ideas as action item and results of it.
Well I think this is also an idea and will now subject to debate and then lets see if it goes off the flush or some workflow and new menu items appear on the IV.
Nothing negative , but the IV members and views are to scattered, specially with the lack of ownership and leadership its like headless chicken running is all directions, and I totally understand the admin of this group and website are also guys like us , who got jobs and family and tons of different things to do, but now I think there is a need to revisit and see how the division of the labor can be done and responsibilities are assigned so that not just a few guys gets the pressure of getting the things done, but a joint responsibility like an organization( not just a word but in real sense) gets the mission accomplished.
Well the processing is complete I'll get back to my other screen now..
PS: No intentions to hurt or demoralize anyone or any effort. Just thought a little enforcement and leadership is required so thought of mentioning it. ( My english is not so great so please pardon me)
<B>The same thread was posted with a different heading on the forum with the heading " Status Update on Action Items"</B> . I was trying to do the analysis on what kind of readers does this portal has. The readers who really wanna do something or just timepass.
And if you are reading this and skipped reading the other one, you are one those thousand who do not wanna do anything but just sit and timepass and when get frustated, open a thread and vent out frustation with some idea.
The reason behind this conclusion is because, if you want to see a difference and to see where are you heading to in terms of what is done and what is to be done, you would have open the other thread. Makes sense?
__________________
Thanks
Live well do good
Good one, I support your views and I am ready to participate in any campaign that helps us all.
more...
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GreeNever
02-08 04:05 PM
If it be projected as "a deed" endorsed by 1000 NRIs affecting abt 100000 NRIs in the US, even a lame duck will tend to grow back.. uptill it's web claw..
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asphaltcowboy
05-13 10:53 AM
cybergold gets my vote, well... he would have, had I got here in time! lol! :beam: well done to everyone, some great entries :smirk:
more...
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Rajeev
02-26 04:47 PM
H4 visa holder can pursue their studies in US but they cannot work while studying.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.
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patiently_waiting
06-18 07:17 AM
Thanks for your reply.
more...
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jscris
July 18th, 2004, 10:43 AM
Nice! I think I like the second better, too.
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pom
04-28 11:34 AM
Originally posted by cybergold
Hey Pom, where is Senocular's Robot, it was a very nice one. Deeply sorry :x I've fixed it now...
Hey Pom, where is Senocular's Robot, it was a very nice one. Deeply sorry :x I've fixed it now...
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cinqsit
09-15 10:57 PM
This kind of happened to me. Got the AP approval email then after 4 days got EAD approval email. Got EAD card in the mail a week after that.
And surprisingly got AP in mail a whole week after that. Looking at the AP
envelope it was postmarked after the EAD card was actually put in mail.
So it might be that your AP is on its way. But 30 days sounds a lot of
time. I would try and talk to the customer service and open a SR.
cinqsit
And surprisingly got AP in mail a whole week after that. Looking at the AP
envelope it was postmarked after the EAD card was actually put in mail.
So it might be that your AP is on its way. But 30 days sounds a lot of
time. I would try and talk to the customer service and open a SR.
cinqsit
somkapu
07-17 06:46 PM
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
Hope this helps.
Hope this helps.
tnite
07-26 09:08 AM
Bibs:
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
Its form I765 for EAD. I131 is for Advance Parole
To apply for EAD you need the following documents
1. I-131 EAD Application document
2. Copy of I-485 receipt notice
3. 2 colored passport pictures - recent
4. Cashiers cheque as stated in the form.
Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.
Its form I765 for EAD. I131 is for Advance Parole
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