GCKarma
07-20 02:40 PM
well my responsibility would change from technical to more managerial stuff, in that case I can not move EAD?
Can we change job using AC21(I-140 approved , I-485 pending for more than 180 days ) on H1 without using EAD.(so that future wife can come on H4 )
Can we change job using AC21(I-140 approved , I-485 pending for more than 180 days ) on H1 without using EAD.(so that future wife can come on H4 )
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martinvisalaw
06-15 11:54 AM
The answer depends on various facts not listed in your question. I assume that he wants to return in H-1B status. If he has not used his full 6 years in H-1B status before, he can get the remainder of his 6 years without being subject to the H-1B cap. If he used his full 6 years and now has been outside the US for one full year, he can get another 6 years, but he will be subject to the H-1B cap (assuming he will work for a cap-subject employer). If he didn't use his full 6 years, but has been outside the US for a year, he can either (a) apply for a new 6 years and be subject to the cap, or (b) get the remaining balance not subject to the cap.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
Blog Feeds
01-27 06:40 AM
Some good news for visa (http://www.h1b.biz/lawyer-attorney-1137085.html)holders that are about to loose their visa sponsored jobs or already lost the visa job. In a decision issued today by the Board of Immigration Appeals (BIA) in Matter of Neto, which empowers immigration judges who are considering deportation of individuals with approved work-related visa petitions and pending permanent residence applications. The issue at stake is whether an immigration judge has the authority to decide whether the approved visa petition - issued for one job - remains valid when the individual changes jobs. Without a valid visa petition, the individual will not be eligible for permanent residence.
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.
Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.
Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)
More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)
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naveenarjun
02-27 01:17 PM
Guys,
how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?
DO u think the PD will move forward by months,years?any Ideas?
how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?
DO u think the PD will move forward by months,years?any Ideas?
more...
WaitingUnlimited
01-18 12:43 PM
First of all, Welcome to Immigration Voice!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.
What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.
You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.
Good Luck!!
intheyan
01-27 10:42 PM
Dear Attorney,
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
more...
ChainReaction
03-06 01:58 PM
March 6, 2006
Dear XXXXX:
Thank you for contacting me in support of recapturing unused
employment-based immigrant visas and imposing fees for
immigration services for intracompany transferees. I apologize for
the delay in my reply, but I appreciate hearing from you and I
welcome the opportunity to respond.
I agree that the U.S. government should recapture unused
employment-based immigrant visas and impose immigration service
fees for those visas. As you may know, the United States Senate
version of the Deficit Reduction Act of 2005, S. 1932, included a
provision that would recapture up to 30,000 H-1B visas that had not
been issued in prior years. Also, S. 1932 would impose an additional
$500 fee to obtain these recaptured visas. These provisions were not
included in the House-passed version of the Deficit Reduction Act of
2005, H.R. 4241. Unfortunately, the Conference Committee, which
was responsible for resolving the differences between the House and
Senate versions of the bill, did not include this provision in the
final
version of S. 1932. The final version of S. 1932 passed in the House
by a vote of 216-214 on February 1, 2006. President Bush signed this
bill into law on February 8, 2006.
Please be assured that I will keep our shared support for
recapturing unused employment-based visas and imposing fees for
immigration services for these visas very much in mind as Congress
considers immigration issues.
Thank you again for contacting me. As your Representative in
the United States Congress, it is a privilege and an honor to serve you
and to act as your voice in Washington. Please feel free to contact me
again with any other issue or matter that concerns you. You may also
want to visit my website at www.house.gov/rothman where you can
sign up for my e-newsletter and keep current with my latest
Congressional activities and policy statements.
Sincerely,
Steven R. Rothman
Member of Congress
Another hopefull congressman to keep in touch with.:)
Dear XXXXX:
Thank you for contacting me in support of recapturing unused
employment-based immigrant visas and imposing fees for
immigration services for intracompany transferees. I apologize for
the delay in my reply, but I appreciate hearing from you and I
welcome the opportunity to respond.
I agree that the U.S. government should recapture unused
employment-based immigrant visas and impose immigration service
fees for those visas. As you may know, the United States Senate
version of the Deficit Reduction Act of 2005, S. 1932, included a
provision that would recapture up to 30,000 H-1B visas that had not
been issued in prior years. Also, S. 1932 would impose an additional
$500 fee to obtain these recaptured visas. These provisions were not
included in the House-passed version of the Deficit Reduction Act of
2005, H.R. 4241. Unfortunately, the Conference Committee, which
was responsible for resolving the differences between the House and
Senate versions of the bill, did not include this provision in the
final
version of S. 1932. The final version of S. 1932 passed in the House
by a vote of 216-214 on February 1, 2006. President Bush signed this
bill into law on February 8, 2006.
Please be assured that I will keep our shared support for
recapturing unused employment-based visas and imposing fees for
immigration services for these visas very much in mind as Congress
considers immigration issues.
Thank you again for contacting me. As your Representative in
the United States Congress, it is a privilege and an honor to serve you
and to act as your voice in Washington. Please feel free to contact me
again with any other issue or matter that concerns you. You may also
want to visit my website at www.house.gov/rothman where you can
sign up for my e-newsletter and keep current with my latest
Congressional activities and policy statements.
Sincerely,
Steven R. Rothman
Member of Congress
Another hopefull congressman to keep in touch with.:)
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wandmaker
04-01 10:01 PM
Hello everyone,
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you
There has been a lengthy discussion on the same topic few months back, use IV search. BTW, please fill in your profile - no profile often leads no response.
According to my immigration-lawyer, I have received a notice for interview. I filed under EB2 category and only my and my wife's I-485 is pending. I had friends who got their GC without the interview, but i got called of an interview, so I was wondering why i got called for an interview-any specific reasons that some of us get called for an interview?
Another questions is; i read some blogs and almost all the people who were called for an interview seem to get a list of documents from the INS to take along for the interview. My attorney didnot mention anything about the list, so do all interview notices come with the document list or is it normal to not have one?
Please any insight in this matter would be greatly appreciated.
Thank you
There has been a lengthy discussion on the same topic few months back, use IV search. BTW, please fill in your profile - no profile often leads no response.
more...
number30
04-09 04:15 PM
Hello guys,
Need little advice from you guys.
My wife is having her citizenship interview and oath ceremony on April 30th.
My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.
after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???
thanks
h1bdude1
Wait until she gets certificate of citizenship. You can send it next day. Waiting one or two days does not make any difference.
Need little advice from you guys.
My wife is having her citizenship interview and oath ceremony on April 30th.
My AOS Documents are almost ready and i am just waiting for her to become US Citizen. I just need her Naturalization certificate which i can attach with my I-130 application as proof of her citizenship.
after she become citizen, should i wait for a week or 2, before i send my AOS application to USCIS or just send it right away.??? if i send my application on the same day she become citizen........does that gonna create any problem for my AOS case ???
thanks
h1bdude1
Wait until she gets certificate of citizenship. You can send it next day. Waiting one or two days does not make any difference.
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instantkarma
01-29 08:55 AM
Thank you for the response.
The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.
The salary on Labor is mentioned as $76k. At the time of renewing EAD and AP every year it is at $90k. Since, salary increased after filing GC within the same company.
With AP portability a lot of advisors say, salary shouldnt be a concern rather job duties are.
more...
coopheal
04-18 05:49 PM
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
Have your docs ready. If your PD does become current send them such they reach on the first working day of the month your PD is current.
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
Have your docs ready. If your PD does become current send them such they reach on the first working day of the month your PD is current.
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levelup2
11-21 10:04 AM
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TheCanadian
04-13 01:31 AM
Congrats everyone!!!
Thanks for the contest Kirupa :hoser:
Thanks for the contest Kirupa :hoser:
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dpuranik
02-19 11:50 PM
How do I know which dates are currently available for H1B visa stamping?
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Becks
01-25 03:44 PM
You cannot travel and enter US with expired AP. Please renew your AP. Stamp on AP cannot make any difference as per my knowledge. You will have your I-94 also with same time stamp.
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
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mpadapa
09-25 09:52 AM
I can see the renewed energy from tri-state folks on the forums, It will be great to talk to U folks.. Tri-state is kicking into another gear don't miss out..
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jhaalaa
05-21 01:35 PM
Please call the senators, congressman and representatives from your area.
You may be surprised to find that their office staff is very cooperative. Support IV coordinate this effort.
Best Wishes for all.
You may be surprised to find that their office staff is very cooperative. Support IV coordinate this effort.
Best Wishes for all.
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07-30 06:41 PM
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noida123
07-29 07:06 PM
The Original Post said he was contracting for Federal Govt. It is possible to contract with most Depts on H-b, EAD , GC regardless of your immigration status.
It is not true, that it is not possible to work in Fed Govt on H1 or EAD. Hundreds of contractors work for the Federal govt in DC area who are on H1-Bs.
Regards
It is not true, that it is not possible to work in Fed Govt on H1 or EAD. Hundreds of contractors work for the Federal govt in DC area who are on H1-Bs.
Regards
Vturlapati
08-30 12:12 PM
On a separate note, If we have valid AP now and already applied for extension, if we get GC approval while in India , can we wait till we get new AP and reenter using new AP if somebody brings that or mail it?
gauravster
06-05 07:13 PM
Just want to know that is there any law
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
As said earlier, overtime is paid to non-exempt employees. As a white collared employee's most of us are not eligible for overtime. when working as a consultant, your employee contract (if not explicitly, implicitly) gives you a bonus for the overtime that you do. There is no requirement. If you are consulting though, your company might bill overtime if you work overtime, it may or maynot decide to give you that even if they are getting it.
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
As said earlier, overtime is paid to non-exempt employees. As a white collared employee's most of us are not eligible for overtime. when working as a consultant, your employee contract (if not explicitly, implicitly) gives you a bonus for the overtime that you do. There is no requirement. If you are consulting though, your company might bill overtime if you work overtime, it may or maynot decide to give you that even if they are getting it.
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