whattodo
05-02 01:30 PM
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
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Dhundhun
04-29 02:40 AM
I have applied EAD renewal to AZ lock box. It was delivered on Mar 29. I have not got any receipt so far. Also check is not cashed.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.
Now it is 30 days and I should be able to call USCIS.
I have two questions:
1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?
2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?
Thanks a lot.
psaxena
06-26 07:39 PM
I dialled and I was in the conf call for 10 min , no one else joined in.
I finally give up on all the initiative.. this is just pathetic.. everyone is waiting for someone to else to act.. thats not happening.
Well I am well off without GC as well.. GC is not going to make any impact in my life, I was just trying to do something which was wrong, so when the ones who are suffering they dun care then why should I.
Keep getting exploited and have sleepless nights.. I think the kind of mentality you guys have you deserve it.
I finally give up on all the initiative.. this is just pathetic.. everyone is waiting for someone to else to act.. thats not happening.
Well I am well off without GC as well.. GC is not going to make any impact in my life, I was just trying to do something which was wrong, so when the ones who are suffering they dun care then why should I.
Keep getting exploited and have sleepless nights.. I think the kind of mentality you guys have you deserve it.
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chanduv23
09-17 03:18 PM
Chanduv23,
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
Definitely - thanks.
We must get a big crowd and from what I understood while interacting with the community is that many just forgeet where they have come from, thee freedomm they get here have made them forget the facts that there are times when we must all stand up and support each other.
I do not have any ill feelings about anyone - but my attempt was just to push those who are sitting on the fence and just taking things for granted.
Remember - if you don't care for your farmers - after a while - you won't have food.
Life is not all about being lethargic and not caring for things that matter
When things go bad it is we who have to correct them - we must make sure they never happen to our children
Our sole aim in life is to strive towards a better world for our children and not a sinful world - we cannot afford to make this world a graveyard for our children.
Aman Kapoor has given all of us this wonderful platform to stand up for oursleves. Just imagine what would haappen to the community when July 2nd happened and IV was not there? Everyone would be cribbing and talking about lawsuits and the sotry will go on
Peace and unity have helped in the past to bring about meaningful changes and will always continue to be so.
All we have to do is to unite and stand up for oursleves.
So, lets all go to DC and support IV for taking up this wonderful task
Remember - no where in the modern day world do we see such grass roots efforts trying to fix the ourdated Law of Land off the World's most powerful and greatest nation.
I am sure your words of encouragement were well taken by everyone.
You did well, encouragement is encouragement....
"Even though eagles have best flying skills...still they need a push"
best
Definitely - thanks.
We must get a big crowd and from what I understood while interacting with the community is that many just forgeet where they have come from, thee freedomm they get here have made them forget the facts that there are times when we must all stand up and support each other.
I do not have any ill feelings about anyone - but my attempt was just to push those who are sitting on the fence and just taking things for granted.
Remember - if you don't care for your farmers - after a while - you won't have food.
Life is not all about being lethargic and not caring for things that matter
When things go bad it is we who have to correct them - we must make sure they never happen to our children
Our sole aim in life is to strive towards a better world for our children and not a sinful world - we cannot afford to make this world a graveyard for our children.
Aman Kapoor has given all of us this wonderful platform to stand up for oursleves. Just imagine what would haappen to the community when July 2nd happened and IV was not there? Everyone would be cribbing and talking about lawsuits and the sotry will go on
Peace and unity have helped in the past to bring about meaningful changes and will always continue to be so.
All we have to do is to unite and stand up for oursleves.
So, lets all go to DC and support IV for taking up this wonderful task
Remember - no where in the modern day world do we see such grass roots efforts trying to fix the ourdated Law of Land off the World's most powerful and greatest nation.
more...
milind70
08-15 08:34 AM
and since you applications are not being filed with I-485 you will have to pay the new fee.
I dont think that is the case please refer to question 37 in FAQ 3.
I dont think that is the case please refer to question 37 in FAQ 3.
virtual55
07-17 01:57 PM
Not a single contribution by anyone....
I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...
That's why we need paid website, so info can be passed to only paid members who are really serious about these issues
and people like AILA will not have our info.
http://immigrationvoice.org/forum/showthread.php?t=5997&highlight=paid+website
I think CORE and all active members should shut this website down right now and let all the non paying members feel the misery without this site...
That's why we need paid website, so info can be passed to only paid members who are really serious about these issues
and people like AILA will not have our info.
http://immigrationvoice.org/forum/showthread.php?t=5997&highlight=paid+website
more...
guchi472000
03-24 09:44 AM
Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
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Dhundhun
06-11 01:17 PM
How is the market? I want to share my history and see if the situation is the same in other places.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
Specialized people are not easily available.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
Again, anyone seeing the same in other places...
Specialized people are not easily available.
more...
kk_2000
11-06 08:54 PM
Hi,
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".
Can you please share your experience?
Thanks,
KK
We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".
Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".
Can you please share your experience?
Thanks,
KK
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morchu
05-02 08:56 PM
It looks like I replied you sometime back.
Your best bet is to file another premium H1B showing all the background and your second I-140. Also attach a clear letter quoting the specific sections of immigration act. Time is critical here, and I am not sure how long the MTR for an H1 will take.
Hi Attorney,Senior People, Gurus,
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
Your best bet is to file another premium H1B showing all the background and your second I-140. Also attach a clear letter quoting the specific sections of immigration act. Time is critical here, and I am not sure how long the MTR for an H1 will take.
Hi Attorney,Senior People, Gurus,
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
more...
sri1309
02-12 08:52 PM
Because you , me and many like us have bad luck!!!! EB categories are now unofficial lottery system. If you lucky you will not wait!
I dont have any other explanation.
The harder I worked, the luckier I got.. I am quoting somebody here.
What did we really do in the last so many years to highlight our issues. Be frank. Did you just wait for things to happen or did you participate or do somethig atall. Your answer will help others realize if something is missing and hence can convert into positive action.
I dont have any other explanation.
The harder I worked, the luckier I got.. I am quoting somebody here.
What did we really do in the last so many years to highlight our issues. Be frank. Did you just wait for things to happen or did you participate or do somethig atall. Your answer will help others realize if something is missing and hence can convert into positive action.
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ebizash
04-05 01:52 PM
Did any one of you, who refinanced, owe more than the home's worth? For example, house is worth 200K but the current mortgage balance is $230K or something. I heard that the new Obama initiative will help these people refinance with FHA. Anyone knows if that is true?
more...
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sreenathm
10-11 09:11 AM
:confused: I got very anxious when my co lawyer told me that I got a query from INS.
I recently transfered my H1 to current employer and started working for him. Even I got receipt number. When I last tracked the number in INS web site it says mail has been sent out asking for more information.
Company lawyer told me to produce all my paystubs ever since I started to work in US.
I am wondering will this cause any issue. Is this a normal procedure ?
Please help me, if any has any kind of information. Please share with me. My Id madhyastha@yahoo.com
Thanks,
Sreenath
I recently transfered my H1 to current employer and started working for him. Even I got receipt number. When I last tracked the number in INS web site it says mail has been sent out asking for more information.
Company lawyer told me to produce all my paystubs ever since I started to work in US.
I am wondering will this cause any issue. Is this a normal procedure ?
Please help me, if any has any kind of information. Please share with me. My Id madhyastha@yahoo.com
Thanks,
Sreenath
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Libra
08-22 08:05 PM
dean and kadarm welcome to IV, we are very much active and we are glad you guys contacted. so far 5 members voted to join in bus, other flying. so i request you guys to join us in the bus if not have any problem.
more...
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Ramba
03-29 11:39 AM
techy,
you misunderstood. we do not want unlimited EB visas. What is important here is clear the backlogs. we need to present a workable, feasible demand to the lawmakers to achive our goal. Already they have given so many provisions in the bill to overcome the backlogs in EB catagory. However, the only hurdle in thses bills are the hard country quota. Terefore we need to have a strong as well as simple demand. We should not ask so many small small demands. It wont help, inturn it may harm.
By the way, I will be the most happiest person if they allow BS+5 years from numarical count in Eb2 catagory. I do not have MS and I have my 140 approved in EB2 with BS+5 yrs experience and I have nore than 10 years experience. But I still fell that this demand is too much.
If we achive all the current provisions and removal of country quota, then it will be lottery to all Indians and Chinese.
you misunderstood. we do not want unlimited EB visas. What is important here is clear the backlogs. we need to present a workable, feasible demand to the lawmakers to achive our goal. Already they have given so many provisions in the bill to overcome the backlogs in EB catagory. However, the only hurdle in thses bills are the hard country quota. Terefore we need to have a strong as well as simple demand. We should not ask so many small small demands. It wont help, inturn it may harm.
By the way, I will be the most happiest person if they allow BS+5 years from numarical count in Eb2 catagory. I do not have MS and I have my 140 approved in EB2 with BS+5 yrs experience and I have nore than 10 years experience. But I still fell that this demand is too much.
If we achive all the current provisions and removal of country quota, then it will be lottery to all Indians and Chinese.
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myGC_0507
05-17 10:14 AM
My friend filed her H1B transfer at Vermont office in April and got her approval in May (one month).
more...
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ultimate_champ
11-27 11:22 AM
Thanks. I will let you all know what happens after i speak to my immigration dept and the lawyer.
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lost_in_migration
04-09 04:08 PM
http://www.whitehouse.gov/news/releases/2007/04/20070409-12.html
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kaisersose
05-29 11:57 AM
Thanks for your response kaisersose.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
marty
01-09 03:28 PM
don't u come under refugee category? just like Iraqis?
No. I was born there but was raised abroad.
No. I was born there but was raised abroad.
desi3933
06-22 09:59 AM
This is from my attorney:
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.
It is the last entry not the first entry.
It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).
If your attorney does not understand 245(k), may be you should consider getting second opinion.
Section 245(k) applies for ALL employment based I-485s.
Not a legal advice
----------------------------------
Permanent Resident since May 2002
All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
EAD card copy for OPT if you had any;
All the visa stamps for reentering the States;
All H1b approvals;
I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.
"Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the documents are to prove your entry is legal and your stay is as legally approved.
It is the last entry not the first entry.
It is since first entry to for the Family based I-485, for Employment based I-485 section 245(k) applies and it requires status since last entry. In fact out of status < 180 days is forgiven under 245(k).
If your attorney does not understand 245(k), may be you should consider getting second opinion.
Section 245(k) applies for ALL employment based I-485s.
Not a legal advice
----------------------------------
Permanent Resident since May 2002
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