martinvisalaw
03-23 09:12 AM
Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?
You should be OK if the two locations are within the same MSA.
You should be OK if the two locations are within the same MSA.
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ksam75
07-20 12:47 AM
I'm also in the same situation. My attorney says wait till USCIS figures out that there are duplicates and sends a notice to withdraw one of the petitions. Of course, the checks would be en-cashed for both the petitions.
EB2IMMIGRANT
08-10 12:01 PM
I think this is good thing. This will definitely weed out the fraud cases and maybe free up some visa numbers. If your AC-21 portability is genuine you have nothing to fear. Let them investigate as much as they want.
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clockwork
09-19 07:58 PM
0. Keep docs ready for MTR and once you receive the response from INS you should able to reply immed.
Without denial notice, I am not sure what kind of documents are required for MTR response. This I-140 was denied even without any RFE. There is no clue to guess the reason for denial.
1. is it consulting company?
Yes
2. which center NSC/TSC?
TSC
3. when did you apply I140 ?
July 2nd 2007
.
Without denial notice, I am not sure what kind of documents are required for MTR response. This I-140 was denied even without any RFE. There is no clue to guess the reason for denial.
1. is it consulting company?
Yes
2. which center NSC/TSC?
TSC
3. when did you apply I140 ?
July 2nd 2007
.
more...
engineer
08-22 04:39 PM
I have whole study..where should I upload it...
I don't have link..
I don't have link..
jonty_11
06-15 04:00 PM
yes lets continue the support and laud all the good work IV has done thus far.
more...
billu
05-27 12:52 PM
because i was getting conflicting opinions, i consulted an immigration attorney from a big law firm. here is what he says:
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
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Dakshini R. Sen
06-24 11:34 PM
Enter your employer's name and address in question number 15. The advice you have got from the IO is not correct. You will not be put into deportation the moment you lose your job. You have time to either transfer your H1 or file a petition for a change of status to another classification.
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
Dakshini R. Sen, P.C.
Law Offices of Dakshini R. Sen P.C. , Immigration Lawyer US. (http://www.dakshinisen.com)
212-242-1677
713-278-1677
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doshhar
10-09 10:31 PM
I am looking for the similar information regarding temp. EAD for my wife. Can someone please advise here..?
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waitingforead
09-03 04:38 PM
Is there premium processing for I-765 which is t get EAD through marriage.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
Of course all the papers are being filed together. But I wanted to know specifically about this one.
I thought I saw it somewhere.
Thanks.
more...
fromnaija
09-09 10:18 AM
If you are in the process of applying for H1 through another employer, you may be safe. As with everything USCIS, H1 revocation takes couple of months before it is approved. So in the interim you may get your new H1 approved before the previous employer's revocation sails through.
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mugwump
01-14 03:00 PM
I am in the same boat, and am not sure if a lawyer is needed or is it something simple enough that "even a caveman" can do it??
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
I am not trying to hijack your thread, thought it'll be appropriate to add it to the thread that you have started.
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WhatWentWrong
05-14 05:23 PM
Hello,
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
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wata
06-21 07:51 PM
Friends,
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
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apahilaj
09-12 02:08 PM
What does this mean?
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Does it mean that they mailed the letter that it is approved or did they mail the card?
If your current status says approval notice sent that means your EAD card is on it's way. Wait for approx a week to receive it in your mailbox.
On September 10, 2007, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Does it mean that they mailed the letter that it is approved or did they mail the card?
If your current status says approval notice sent that means your EAD card is on it's way. Wait for approx a week to receive it in your mailbox.
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jignesh5
07-15 11:39 AM
I am going to close this thread..
Please see this ..
http://immigrationvoice.org/forum/showthread.php?t=6212
ramus is already working on it. Hopefully he will have more details soon..
Please see this ..
http://immigrationvoice.org/forum/showthread.php?t=6212
ramus is already working on it. Hopefully he will have more details soon..
more...
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amsgc
01-23 11:23 AM
Let me start my saying that H-1B status and H-1B visa are, somewhat related, but two different things.
If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.
Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.
Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.
If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (http://immigrationvoice.org/forum/showthread.php?t=16506)!
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.
Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.
Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.
If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (http://immigrationvoice.org/forum/showthread.php?t=16506)!
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
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ssdtm
11-20 11:00 AM
- If I get a new H1 sponsored (NOT a transfer of existing H1) and join a new company in a totally different job family (New H1 is not an issue because it is from a H1 cap exempt organization)
AND
- Also maintain the current H1 (I will continue part time work here to get minimum wage)
- Will continue my GC process with this co
I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.
AND
- Also maintain the current H1 (I will continue part time work here to get minimum wage)
- Will continue my GC process with this co
I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.
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singhsa3
08-22 10:57 AM
Does any one remember if at the time of finger printing for 485, did they enter the Receipt Number, A# or both in their computer.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
I am have some issues with multiple A#s and I need this information.
Please reply only if you are sure.
Dalai Lama
01-17 12:49 PM
I applied for H1B extension, the receipt I-797 I received is showing my Case Number starting with WAC---xx�xx-xxxxx.
When last time I applied it used to start with EAC-xxx.
I am little confused, if anybody knows why it is like that. Please help me
Thanks in Advance.
Dalai lama from Tibbet
When last time I applied it used to start with EAC-xxx.
I am little confused, if anybody knows why it is like that. Please help me
Thanks in Advance.
Dalai lama from Tibbet
akizdetz
08-10 07:30 PM
Looks like it is mistake. Is it your second FP appt? It is possible that they already have FP with them and I 140 and I 485 both approved on the same date - within an hour difference.
No, it's the first one. I really hope I-140 is approved :-)
No, it's the first one. I really hope I-140 is approved :-)
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