keerthisagar
04-28 12:14 PM
Recently my company got acquired by another company. Co A had filed for my LC, and was approved in Feb 09, and my i140 was filed in EB3 in Sept 09. Co B wants to keep me, and I will continue the same job. My H1 has also been transferred to Co B. My question is:
will there be any effect on my LC and I140? If so, what happens to my PD (Nov 08)
will there be any effect on my LC and I140? If so, what happens to my PD (Nov 08)
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gc_check
11-17 07:33 AM
Me and my wife received our EADs and our H1/H4 is valid till 2010.
My wife is attending school being on H4. Since she has EAD, can she work part time(not in school) and keep the H4 status valid.
Please suggest.
Yes, She can work using EAD part time or fulltime. But if she uses EAD, the H4gets invalidated automatically, She should keep renewing the EAD / AP.
Why you want to have the H4 status valid ??
My wife is attending school being on H4. Since she has EAD, can she work part time(not in school) and keep the H4 status valid.
Please suggest.
Yes, She can work using EAD part time or fulltime. But if she uses EAD, the H4gets invalidated automatically, She should keep renewing the EAD / AP.
Why you want to have the H4 status valid ??
sgupta33
09-10 09:03 AM
I should add that you can only port once your I-140 has been approved.
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rkumar18
09-26 07:04 PM
Hello,
I'm a Jul 2nd filer at NSC and got my receipts on Aug 12 with a notice date of Aug 8th.I'm yet to receive my FP notice.
Is anyone here in the same situation?
Thanks
I'm a Jul 2nd filer at NSC and got my receipts on Aug 12 with a notice date of Aug 8th.I'm yet to receive my FP notice.
Is anyone here in the same situation?
Thanks
more...
CantLeaveAmerica
04-09 01:08 PM
I dont think it is mandatory..please look at this:
Employmentbased
Criteria
The adjudicating officer must determine whether the employment-based
I-485 meets waiver of interview criteria set forth below.
Employment-based:
� The principal applicant is employed by the same petitioner who submitted
the approved underlying employment-based visa petition.
� The principal applicant has been interviewed in the course of an
investigation or field examination, and the adjudicating examiner
determines that further interview of the applicant is unnecessary.
� The principal applicant has been approved as an alien of extraordinary
ability or alien of exceptional ability and is otherwise eligible for
adjustment of status.
� The principal applicant has been approved as an outstanding professor or
researcher, or a multinational executive/manager and has a continuing
offer of employment from the same petitioner who submitted the
underlying approved petition.
� Adjustment applicants who received national interest waivers based on
performing primary medical care to a medically under-served area must
demonstrate that they intend to continue according to the terms and
conditions of the underlying petition.
Other:
� Sufficient evidence is contained in the record to support a denial of the
adjustment of status application. For example, if an I-485 that should
have been rejected at Visa Screening/INS Review was accepted in error, a
denial would be processed by the adjudicating officer.
Employmentbased
Criteria
The adjudicating officer must determine whether the employment-based
I-485 meets waiver of interview criteria set forth below.
Employment-based:
� The principal applicant is employed by the same petitioner who submitted
the approved underlying employment-based visa petition.
� The principal applicant has been interviewed in the course of an
investigation or field examination, and the adjudicating examiner
determines that further interview of the applicant is unnecessary.
� The principal applicant has been approved as an alien of extraordinary
ability or alien of exceptional ability and is otherwise eligible for
adjustment of status.
� The principal applicant has been approved as an outstanding professor or
researcher, or a multinational executive/manager and has a continuing
offer of employment from the same petitioner who submitted the
underlying approved petition.
� Adjustment applicants who received national interest waivers based on
performing primary medical care to a medically under-served area must
demonstrate that they intend to continue according to the terms and
conditions of the underlying petition.
Other:
� Sufficient evidence is contained in the record to support a denial of the
adjustment of status application. For example, if an I-485 that should
have been rejected at Visa Screening/INS Review was accepted in error, a
denial would be processed by the adjudicating officer.
food2006
06-28 02:01 PM
Are u working direct or thro' bodyshop?
I work for Non profit Organisation
I work for Non profit Organisation
more...
slowwin
05-20 04:58 PM
^^^^^^
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i4u
09-20 09:27 AM
At this point any gc holder in EB3 is good!
Or EB3 I who got GCs do not want to do anything with Immigration for the next five years - and are taking a break :D
Or EB3 I who got GCs do not want to do anything with Immigration for the next five years - and are taking a break :D
more...
swethak
12-16 09:19 PM
Hi,
I am working for one of the largest companies as mechanical engineer. I am shifting from Mechanical engineer to program manager job within the same company. The job requirement is
BS + 2-5 years of experience
I have
Bachelors 4 Years
Masters in USA
Research Assistant 1 year 8 months
Teaching Assistant 11 months
Experience as a Mechanical engineer 3 years 8 months
Am I eligible for eb2 category? Help greatly appreciated.
Thanks,
KS
I am working for one of the largest companies as mechanical engineer. I am shifting from Mechanical engineer to program manager job within the same company. The job requirement is
BS + 2-5 years of experience
I have
Bachelors 4 Years
Masters in USA
Research Assistant 1 year 8 months
Teaching Assistant 11 months
Experience as a Mechanical engineer 3 years 8 months
Am I eligible for eb2 category? Help greatly appreciated.
Thanks,
KS
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MCQ
09-11 04:40 PM
not necessarily true - for example if you get a B1 or B2 that's valid for 10 years - most likely it will exceed the validity of your passport. in that case when you renew your passport , in order to keepo using the Visa - you need to carry both the old and the new passports. H1B is the same, although for shorter duration (usually 3 years) so the issue does not come up as often. bbut of the visa is unexpired, and the passport is expired you would carry both passports to come in on the visa.
hope that helps.
McQ
hope that helps.
McQ
more...
guy_with_question
08-14 02:47 PM
Anyone here whose application was signed by BESCH?
EB2 - India
PD: Dec 2006
I-140: Feb 9, 2007
I-485: Jul 3, 2007 @ 9:04am, signed by BESCH
Checks cashed - No
Receipt - No
EB2 - India
PD: Dec 2006
I-140: Feb 9, 2007
I-485: Jul 3, 2007 @ 9:04am, signed by BESCH
Checks cashed - No
Receipt - No
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GotGC??
01-13 07:02 PM
I was in a similar situation, and they got my PP H1 because of my overseas travel.
If you get a H1 extension before you travel, you can show the new H1 (I-797) at the POE and the inspector will stamp Mar 08 on your new I-94.
If your H1 is not approved by the time of your return, you can have Mar 07 on your I-94, and your extension approved thereafter is valid. The I-797 will have a I-94 that'll be valid till Mar 08.
The gray area, it seems, is if your H1 is approved when you are outside the country. In that situation, apparently, you need to get a visa stamp before you re-enter US. If you think that you could be in this situation, check with an attorney. I think they call this the "Last Action Rule".
I have my H1-stamping and I-94 valid until March 07, My H1 extension was applied during Nov - 06, but not approved yet....In the mean while, can I visit India and return by Feb 07 ? On my return, I will still get my I-94 till March 07, but Once my H1 extension is approved it will have the I-94 attached to it till Mar 08, is this I-94 valid ?
My employer is saying that, the new I-94 that I got from my H1-extension is not valid and they have to file a new H1 OR I have to convert the H1 extension to Premium and travel with the approved H1 extension ?
Please advise. Thanks
If you get a H1 extension before you travel, you can show the new H1 (I-797) at the POE and the inspector will stamp Mar 08 on your new I-94.
If your H1 is not approved by the time of your return, you can have Mar 07 on your I-94, and your extension approved thereafter is valid. The I-797 will have a I-94 that'll be valid till Mar 08.
The gray area, it seems, is if your H1 is approved when you are outside the country. In that situation, apparently, you need to get a visa stamp before you re-enter US. If you think that you could be in this situation, check with an attorney. I think they call this the "Last Action Rule".
I have my H1-stamping and I-94 valid until March 07, My H1 extension was applied during Nov - 06, but not approved yet....In the mean while, can I visit India and return by Feb 07 ? On my return, I will still get my I-94 till March 07, but Once my H1 extension is approved it will have the I-94 attached to it till Mar 08, is this I-94 valid ?
My employer is saying that, the new I-94 that I got from my H1-extension is not valid and they have to file a new H1 OR I have to convert the H1 extension to Premium and travel with the approved H1 extension ?
Please advise. Thanks
more...
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cool_desi_gc
01-03 09:26 AM
Labor substitution is not an option anymore. I have PD Dec 2002 EB3 India working on EAD.
I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
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gc_discussion
02-27 10:15 PM
Now working on H1b, 8th year
PD: Oct 2005
I 140: approved
I 485: pending
AP, EAD: approved
I want to change job to another employer.Can the new employer file an H1b for me based on my approved I 140. I prefer to be on H1b as traveling is easier and don't have to wait for the EAD, AP each year and the uncertainities invloved.
I would appreciate replies.
PD: Oct 2005
I 140: approved
I 485: pending
AP, EAD: approved
I want to change job to another employer.Can the new employer file an H1b for me based on my approved I 140. I prefer to be on H1b as traveling is easier and don't have to wait for the EAD, AP each year and the uncertainities invloved.
I would appreciate replies.
more...
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waitingonlc
02-19 07:39 PM
Maryland House Judiciary Committee hearing on House Bill 1443
A bill prohibiting drivers' licenses for illegal immigrants
Tuesday, February 21, 2006, 1 p.m. (subject to change)
Joint Hearing Room
Legislative Services Building
Annapolis, MD 21401-1991
http://mlis.state.md.us/2006rs/billfile/hb1443.htm
House Bill 1443 would prohibit, in order to facilitate compliance with the federal Real ID Act, the Motor Vehicle Administration from issuing a new driver's license to an individual who cannot provide specified documentation certifying that the individual is lawfully present in the United States in accordance with federal law, except under specified circumstances.
A bill prohibiting drivers' licenses for illegal immigrants
Tuesday, February 21, 2006, 1 p.m. (subject to change)
Joint Hearing Room
Legislative Services Building
Annapolis, MD 21401-1991
http://mlis.state.md.us/2006rs/billfile/hb1443.htm
House Bill 1443 would prohibit, in order to facilitate compliance with the federal Real ID Act, the Motor Vehicle Administration from issuing a new driver's license to an individual who cannot provide specified documentation certifying that the individual is lawfully present in the United States in accordance with federal law, except under specified circumstances.
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vadicherla
02-22 07:29 PM
Thanks Snathan for link
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CantLeaveAmerica
04-09 01:08 PM
I dont think it is mandatory..please look at this:
Employmentbased
Criteria
The adjudicating officer must determine whether the employment-based
I-485 meets waiver of interview criteria set forth below.
Employment-based:
� The principal applicant is employed by the same petitioner who submitted
the approved underlying employment-based visa petition.
� The principal applicant has been interviewed in the course of an
investigation or field examination, and the adjudicating examiner
determines that further interview of the applicant is unnecessary.
� The principal applicant has been approved as an alien of extraordinary
ability or alien of exceptional ability and is otherwise eligible for
adjustment of status.
� The principal applicant has been approved as an outstanding professor or
researcher, or a multinational executive/manager and has a continuing
offer of employment from the same petitioner who submitted the
underlying approved petition.
� Adjustment applicants who received national interest waivers based on
performing primary medical care to a medically under-served area must
demonstrate that they intend to continue according to the terms and
conditions of the underlying petition.
Other:
� Sufficient evidence is contained in the record to support a denial of the
adjustment of status application. For example, if an I-485 that should
have been rejected at Visa Screening/INS Review was accepted in error, a
denial would be processed by the adjudicating officer.
Employmentbased
Criteria
The adjudicating officer must determine whether the employment-based
I-485 meets waiver of interview criteria set forth below.
Employment-based:
� The principal applicant is employed by the same petitioner who submitted
the approved underlying employment-based visa petition.
� The principal applicant has been interviewed in the course of an
investigation or field examination, and the adjudicating examiner
determines that further interview of the applicant is unnecessary.
� The principal applicant has been approved as an alien of extraordinary
ability or alien of exceptional ability and is otherwise eligible for
adjustment of status.
� The principal applicant has been approved as an outstanding professor or
researcher, or a multinational executive/manager and has a continuing
offer of employment from the same petitioner who submitted the
underlying approved petition.
� Adjustment applicants who received national interest waivers based on
performing primary medical care to a medically under-served area must
demonstrate that they intend to continue according to the terms and
conditions of the underlying petition.
Other:
� Sufficient evidence is contained in the record to support a denial of the
adjustment of status application. For example, if an I-485 that should
have been rejected at Visa Screening/INS Review was accepted in error, a
denial would be processed by the adjudicating officer.
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gc_chahiye
10-02 01:30 AM
Can anyone tell me after my 6th year of H1 i have a 3 year extension of h1 visa, can i go to india and come back on that visa or do i need to have AP. I got my 140 approved and i got my 485 receipt notices.
you can use the visa, need not use AP if you dont want to. If you have a visa stamping already, using the H1 visa is the preferred way to return:
- you get an I-94 valid for 3 more years (with AP you get one for just one year, which is a bit weird)
- using AP atleast sometimes pushes you into secondary inspection which is another hour spent with the customs and border patrol folks. While they are typically nice and friendly, I personally hate being stuck in that no-mans land at the airport.
Only advantage of AP is if your GC is approved while you are abroad, you are supposed to return on AP as your H1 status would have ended. in practice people have re-entered on H1 in such cases and its been ok. Depending on your PD this may not may not be a concern
you can use the visa, need not use AP if you dont want to. If you have a visa stamping already, using the H1 visa is the preferred way to return:
- you get an I-94 valid for 3 more years (with AP you get one for just one year, which is a bit weird)
- using AP atleast sometimes pushes you into secondary inspection which is another hour spent with the customs and border patrol folks. While they are typically nice and friendly, I personally hate being stuck in that no-mans land at the airport.
Only advantage of AP is if your GC is approved while you are abroad, you are supposed to return on AP as your H1 status would have ended. in practice people have re-entered on H1 in such cases and its been ok. Depending on your PD this may not may not be a concern
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factoryman
02-09 08:55 PM
Before you post new diaries, look at the links/ diaries at the left. Rule out no such threads, as you want to post are already in progess.
On this issue, one active thread is going on here at IV (http://immigrationvoice.org/forum/showthread.php?t=3216), the original one started by me is here (http://immigrationvoice.org/forum/showthread.php?t=3215).
Follow the other side here (http://hammondlawgroup.blogspot.com/)(you can do anonymous posts). Let us stick to one thread and action.
Please don't post any further here.
On this issue, one active thread is going on here at IV (http://immigrationvoice.org/forum/showthread.php?t=3216), the original one started by me is here (http://immigrationvoice.org/forum/showthread.php?t=3215).
Follow the other side here (http://hammondlawgroup.blogspot.com/)(you can do anonymous posts). Let us stick to one thread and action.
Please don't post any further here.
gskang
02-22 11:50 AM
Hello There,
Thank you taking time to go through the details.
My green card application is family based and my spouse is a primary applicant. I have a EAD as of now and I recently got laid off on January 15th 2010. My H1B VISA expired on January 23rd 2010.
Issue: I recently applied for Advance parole and got rejected. Reason was given that my I-485 is administratively closed.
My laywer has suggested that I should immediately apply for H4 to save my status. I am really not sure what to do here. I am sure I will find a job in about 2 weeks but not sure if I will be able to get my H1B renewed or will be able to get a new H1B as I have already been counted towards the quota once.
I also read that it depends on the approval of I-130 but in my case I couldn't find I-130 for myself, even though there is one for my spouse which was approved in 2007.
My questions are:
1: What steps should I take to save my immigration status?
2. My EAD is not denied yet, should I start working on EAD or apply for H1B right away?
3. Can my H1B be renewed as it has already expired?
4. I have had a EAD for over a year and all of a sudden it may get canceled. Is there a way I can appeal somewhere as a mistake was made my immigration itself?
5. Have you experienced any cases similiar to mine and what were the outcomes?
Please, let me know your thoughts as your expertise can certainly help me save my career.
Thank you again for your time and consideration. I look forward to hearing from you.
Regards,
Gursharan
Thank you taking time to go through the details.
My green card application is family based and my spouse is a primary applicant. I have a EAD as of now and I recently got laid off on January 15th 2010. My H1B VISA expired on January 23rd 2010.
Issue: I recently applied for Advance parole and got rejected. Reason was given that my I-485 is administratively closed.
My laywer has suggested that I should immediately apply for H4 to save my status. I am really not sure what to do here. I am sure I will find a job in about 2 weeks but not sure if I will be able to get my H1B renewed or will be able to get a new H1B as I have already been counted towards the quota once.
I also read that it depends on the approval of I-130 but in my case I couldn't find I-130 for myself, even though there is one for my spouse which was approved in 2007.
My questions are:
1: What steps should I take to save my immigration status?
2. My EAD is not denied yet, should I start working on EAD or apply for H1B right away?
3. Can my H1B be renewed as it has already expired?
4. I have had a EAD for over a year and all of a sudden it may get canceled. Is there a way I can appeal somewhere as a mistake was made my immigration itself?
5. Have you experienced any cases similiar to mine and what were the outcomes?
Please, let me know your thoughts as your expertise can certainly help me save my career.
Thank you again for your time and consideration. I look forward to hearing from you.
Regards,
Gursharan
martinvisalaw
01-11 02:35 PM
If you will be getting any benefit in the volunteer position, such as experience in your profession, contacts, or other vocational benefits, I would not consider it appropriate H-4 activities. Even if you are not being paid a salary, you are getting a professional benefit and that is a reward.
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