pod1
06-16 04:48 PM
Hello Everyone,
Here is my situation:
1) My 6 years H1B with Company-A ends Sept 2011
2) I-140 approved and my priority date is Aug 2006.
3) Company-B(end client) offered a full-time position starting Jan 2010.
What are my options? My questions are:
1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?
I am really confused. Please help.
Here is my situation:
1) My 6 years H1B with Company-A ends Sept 2011
2) I-140 approved and my priority date is Aug 2006.
3) Company-B(end client) offered a full-time position starting Jan 2010.
What are my options? My questions are:
1) Will I be eligible to extend my H1B with Company-B for another 3 years? Do I need a I-140 with Company-B to extend?
2) Is it possible to use the labor and I-140, that I filed when I was with Company-A, to file for I-485? If I can, can I file the I-485 independent of Company-A? Do I need any kind of approval or paper work from Company-A?
3) When Company-B sponsors my GC is it possible to port the priority date? Do I need to restart the whole GC process again with Company-B?
I am really confused. Please help.
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ranand00
06-17 10:51 AM
Hi
My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
If there is a problem in stamping can i return on the old visa stamp.
Thanks
ANAND
My H1B expires on sept 30th 2010.(passport has vaild visa also stamped in it till sept 30th)
Extension has been applied . If extension is approved say by august, can I go for stamping in august end.Basically how soon can i go for h1b stamping before old stamping expires.
If there is a problem in stamping can i return on the old visa stamp.
Thanks
ANAND
HV000
07-27 10:12 AM
Does anybody know if there are any SENATE amendments (Clearing EB BACKLOG) attached to the DHS APPROPRIATIONS BILL??
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beautifulMind
04-20 04:10 PM
You can use your eb3 EAD.
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
Thanks. I understand the chances are slim but I am willing to take the risk since My company has already gone through the recruitment process...Worst I still going to be on eb3...
Another question...By moving to a diferentt positon I am invoking AC21 even though it is in the same company...but at the same time I am filing for eb2 where job duties has to be atleast 50% different. This then violates ac21 rules so how come this is allowed. Most people convert from eb3 to eb2 using h1b but I am not sure if it is possible using ead
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
Thanks. I understand the chances are slim but I am willing to take the risk since My company has already gone through the recruitment process...Worst I still going to be on eb3...
Another question...By moving to a diferentt positon I am invoking AC21 even though it is in the same company...but at the same time I am filing for eb2 where job duties has to be atleast 50% different. This then violates ac21 rules so how come this is allowed. Most people convert from eb3 to eb2 using h1b but I am not sure if it is possible using ead
more...
India76
07-14 02:29 PM
Thanks for the reply...
Job will be same/similar as what I am doing right now.
What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?
Job will be same/similar as what I am doing right now.
What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?
ameerka_dream
10-21 07:35 AM
Job visas only for highly skilled, salaried foreigners: govt (http://in.news.yahoo.com/20/20101020/1416/tnl-job-visas-only-for-highly-skilled-sa.html)
Wed, Oct 20 03:12 PM
New Delhi, Oct 20 (PTI) In an attempt to prevent foreigners from getting non-technical jobs, the government has made it clear that citizens of other countries will be taken only for highly-skilled assignments in India and should draw an annual salary of over USD 25,000. In an order, the Home Ministry nullified a Labour Ministry circular which allows one per cent foreigners among the total work force in any project with a minimum of five and maximum of 20 people. "An employment visa is granted to a foreigner if the applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/organisation/ industry/undertaking in India on contract or employment basis," according to the Home Ministry guidelines. Besides, the ministry made it clear that employment visa shall not be granted for jobs for which qualified Indian are available and also for routine, ordinary or secretarial/ clerical jobs. "The foreign national being sponsored for an employment visa in any sector should draw a salary in excess of USD 25,000 per annum," it says. However, this condition of annual floor limit on income will not apply to ethnic cooks, language teachers (other than English), staff working for the Embassy/High Commission concerned in India. The Labour Ministry had ordered that visa applications could be cleared by the Indian missions abroad at their level if the foreign national is skilled and qualified professional, technical experts, senior executives or in managerial positions and those kinds of skills which are not available in India.
Wed, Oct 20 03:12 PM
New Delhi, Oct 20 (PTI) In an attempt to prevent foreigners from getting non-technical jobs, the government has made it clear that citizens of other countries will be taken only for highly-skilled assignments in India and should draw an annual salary of over USD 25,000. In an order, the Home Ministry nullified a Labour Ministry circular which allows one per cent foreigners among the total work force in any project with a minimum of five and maximum of 20 people. "An employment visa is granted to a foreigner if the applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/organisation/ industry/undertaking in India on contract or employment basis," according to the Home Ministry guidelines. Besides, the ministry made it clear that employment visa shall not be granted for jobs for which qualified Indian are available and also for routine, ordinary or secretarial/ clerical jobs. "The foreign national being sponsored for an employment visa in any sector should draw a salary in excess of USD 25,000 per annum," it says. However, this condition of annual floor limit on income will not apply to ethnic cooks, language teachers (other than English), staff working for the Embassy/High Commission concerned in India. The Labour Ministry had ordered that visa applications could be cleared by the Indian missions abroad at their level if the foreign national is skilled and qualified professional, technical experts, senior executives or in managerial positions and those kinds of skills which are not available in India.
more...
baburob2
09-08 07:38 PM
that shouldn't be any issue. She would be admitted at POE. However if she has filed for H4 extension and if the H4 extension is pending when she enters into US, the H4 extension will be considered abandonded and will be asked to go to consulate for stamping before her I-94 expires and can't use the approved H4 extension's I-94. check with yuour attorney on it.
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snathan
08-09 01:03 AM
Hi all
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
If you are able to get the extension from company A to company B, what is stopping to get the extension for company C. I believe you should be able to get one. Go for PP....
I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.
My question:
can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .
Thanks in advance .
If you are able to get the extension from company A to company B, what is stopping to get the extension for company C. I believe you should be able to get one. Go for PP....
more...
bharol
08-21 10:10 AM
Anybody?
This is inexplicable.
2003 PD and waiting?
This sounds like injustice to me.
Although I got lucky and got my GC however I honestly wanted them to do it in the
order of Priority dates.
My best wishes are with everybody.
May everybody get his/her GC before Sep 30th.
This is inexplicable.
2003 PD and waiting?
This sounds like injustice to me.
Although I got lucky and got my GC however I honestly wanted them to do it in the
order of Priority dates.
My best wishes are with everybody.
May everybody get his/her GC before Sep 30th.
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puddonhead
08-17 04:40 PM
HI
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
I dont think international travel should be a problem as long as you have spent more than half of your last 5 years in the US.
I have heard (IANAL - so please double check) Unemployment benefit is an insurance claim. Your employer (and indirectly you, in the form of foregone salary) paid the premium for it while you were employed. It is technically not supposed to be a government dole. So technically, even that is not supposed to be a problem.
Why dont you spend a few hundred dollars to get a consultation with a good immigration attorney? The potential impact if something goes wrong is way too much for you to rely on questionable advice from strangers in an internet forum.
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
I dont think international travel should be a problem as long as you have spent more than half of your last 5 years in the US.
I have heard (IANAL - so please double check) Unemployment benefit is an insurance claim. Your employer (and indirectly you, in the form of foregone salary) paid the premium for it while you were employed. It is technically not supposed to be a government dole. So technically, even that is not supposed to be a problem.
Why dont you spend a few hundred dollars to get a consultation with a good immigration attorney? The potential impact if something goes wrong is way too much for you to rely on questionable advice from strangers in an internet forum.
more...
sreddy80
10-19 10:14 AM
Dear Immigration Attorney,
I read many good news in this forum that one can obtain a copy of I140 even if she/he doesn't know the receipt#. Is this possible? If yes, could you please advise and share a sample letter(FOIA doc) that I can make especially when do not have a receipt notice #.
Please also advise on the other documents that I need with FOIA?
Please help...
I read many good news in this forum that one can obtain a copy of I140 even if she/he doesn't know the receipt#. Is this possible? If yes, could you please advise and share a sample letter(FOIA doc) that I can make especially when do not have a receipt notice #.
Please also advise on the other documents that I need with FOIA?
Please help...
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kumar1305
02-15 06:31 AM
You can take $5k each in cash. And unlimited if it is Travellers checks.ON Travellers checks you are going to pay commission and crap. I do not personally recommend it. I do not know how it is working now adays. You can check on department of homeland or customs website to find exact amount that you can take as cash. And do not take more than what is recommended.
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pointlesswait
10-27 02:52 PM
total dumbasses...these US lawmakers make laloos and mayas feel like Einsteins..)
isn't the country quota supposed to "satisfy" their need for DIVERSITY?
general rant.. guyz.. chill...;-)
isn't the country quota supposed to "satisfy" their need for DIVERSITY?
general rant.. guyz.. chill...;-)
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prk_stl
07-01 08:38 PM
hello GCBoy786,
Did you send your documents thru Fedex? If so can please post the address? Thanks
Did you send your documents thru Fedex? If so can please post the address? Thanks
more...
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mansour
09-05 11:01 PM
are you kidding me, hehe ;)
no way!
no way!
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satishku_2000
08-17 04:04 PM
Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.
Job desc is the key, Hope you are talking about a hypothetical scenario. if you are talking about a real scenario you need to take a look at job requirements and desc. If the case is a substituition case then proof of burden is on employer. I think if we are talking about a real scenario then one should get an RFE before a denial.
Job desc is the key, Hope you are talking about a hypothetical scenario. if you are talking about a real scenario you need to take a look at job requirements and desc. If the case is a substituition case then proof of burden is on employer. I think if we are talking about a real scenario then one should get an RFE before a denial.
more...
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suavesandeep
10-02 02:00 PM
Milind,
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
We did the same for both me and my spouse. I think we applied on Sept 5. I got mine within a week. Its been more than a month and we have not received my wife's SSN. We did call SSA on Sep 22 and they said everything was fine and we should receive it soon, If we do not receive by the end of the month go again to the local office. Have not received it yet, So plan to go to the SSN local office again tomorrow. My guess is it could have got lost in the transit.
Hope this helps.
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uma001
11-16 04:48 PM
I'm on my OPT, basically student F1 visa.
The thing is the company where I work is ready to sponsor me. They only don't know which occupation to write for me in order to be eligible for H1B.
I'm working over there on administrative position and doing various accounting things.
Thanks
kerz,
Which specialization did you do in masters (assuming you have done masters on F1)
The thing is the company where I work is ready to sponsor me. They only don't know which occupation to write for me in order to be eligible for H1B.
I'm working over there on administrative position and doing various accounting things.
Thanks
kerz,
Which specialization did you do in masters (assuming you have done masters on F1)
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immmj
01-11 02:28 PM
Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.
puvathoor
04-11 11:59 AM
I think if one is in hell, USCIS can hand deliver..
Heaven is another Story (storey?).. :-)
But as a recent believer in buddhist ideals, I think I will just be a cow in my next life..
That brings up a good point.. as a cow, it would be a bad life for me in USA.. India would be much better bet.. I would be worshipped and rarely eaten.. hmm.. Thinking ahead of the curve, I think I will apply for a "cow green card" for India.. Cows will be clamouring to get to India.. I will be mooing away soon..
Heaven is another Story (storey?).. :-)
But as a recent believer in buddhist ideals, I think I will just be a cow in my next life..
That brings up a good point.. as a cow, it would be a bad life for me in USA.. India would be much better bet.. I would be worshipped and rarely eaten.. hmm.. Thinking ahead of the curve, I think I will apply for a "cow green card" for India.. Cows will be clamouring to get to India.. I will be mooing away soon..
Rb_newsletter
04-09 01:30 PM
If I understood correct,
-Employee cannot pay for any visa or GC process including attorney fees.
-You or attorney cannot be involved in any recruitment process.
-Employee cannot pay for any visa or GC process including attorney fees.
-You or attorney cannot be involved in any recruitment process.
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