makemygc
06-12 07:38 PM
See my response below:-
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
hpandey
11-11 11:06 AM
Either it is all a big mystery or a conspiracy. I agree with you that there can't be so many people from EB3-ROW from 2002 still waiting for their GC . Same with India and China. They are still sitting at 1st May 2001. I wonder how many people filed in 2001 that even after 10 years USCIS is still processing their cases.
There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .
There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .
sam_hoosier
11-27 01:34 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.
Jaime
09-14 11:55 AM
Guys, chanduv23 is ABSOLUTELY RIGHT!!! We stand to lose a lot if we don't stand up for our rights!!
It's easy to let others do the job for you. Does that sound familiar? Don't many of our employers use us on H1 visas that way? Taking advantage of the situation to get more for less or nothing??? ARE YOU GOING TO BEHAVE IN THE SAME MANNER, ESPECIALLY WITH YOUR FELLOW FRIENDS-IN-STRUGGLE, FELLOW IMMIGRANTS???
WAKE UP GUYS! If we keep saying that we need you it is because YOUR PRESENCE WILL MAKE A DIFFERENCE!
We look forward to helping anyone who needs any kind of assistance. Unless you had a business trip scheduled, or have a medical emergency. THERE IS NO REASON NOT TO ATTEND!!!
LOOK IN YOUR HEART, RIGHT NOW
It's easy to let others do the job for you. Does that sound familiar? Don't many of our employers use us on H1 visas that way? Taking advantage of the situation to get more for less or nothing??? ARE YOU GOING TO BEHAVE IN THE SAME MANNER, ESPECIALLY WITH YOUR FELLOW FRIENDS-IN-STRUGGLE, FELLOW IMMIGRANTS???
WAKE UP GUYS! If we keep saying that we need you it is because YOUR PRESENCE WILL MAKE A DIFFERENCE!
We look forward to helping anyone who needs any kind of assistance. Unless you had a business trip scheduled, or have a medical emergency. THERE IS NO REASON NOT TO ATTEND!!!
LOOK IN YOUR HEART, RIGHT NOW
more...
Sarathy
02-03 10:13 AM
Will Tri-Valley University questions be answered? A few of us have questions and need advice.
raysaikat
07-11 01:06 PM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
more...
nefrateedi
07-16 05:12 PM
That could explain why NSC never got the memo. Remember only EB I-485 is in question.
That's incorrect. NSC does accept employment based I-485 applications.
That's incorrect. NSC does accept employment based I-485 applications.
bitu72
06-14 06:40 PM
Should the passport be valid for more than 6 months for applying I 485.
If somebody can answer that would begreat
If somebody can answer that would begreat
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santosh19
01-23 02:07 PM
When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy
If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(
If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(
indio0617
01-12 02:31 PM
I can understand your concerns. A few years back we had similar questions and concerns when my MIL travelled. She was old and had never travelled alone before. Could not speak any english either. We thought it was best for her to travel with wheelchair assistance and it worked good. She has travelled twice ( on lufthansa) with no issues.
One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.
Non -verbal communication works well sometimes. It worked for us.
One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.
Non -verbal communication works well sometimes. It worked for us.
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beautifulMind
07-16 10:15 PM
But isn't AC21 for a different position irrespective of whether you use it in the same company or different company. Technically you are suppose to be in same occupation till you get your green card Which is problem for me because i am trying to use the benefits obtained (EAD and AP) from my EB3 position and being promoted to a EB2 position while using the EAD and AP of my EB3 application
gcsucks
06-17 11:29 AM
We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.
Any comments from Core team ?
Once the Core team drafts a letter we can send that....
Any comments from Core team ?
Once the Core team drafts a letter we can send that....
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javadeveloper
05-26 04:57 PM
What is the logic to deny 485(EB3) if 140(EB2) gets denied?
gouridighade
04-28 04:18 PM
Thanks pd052009, what a sigh of releif...:)
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sunshine2007
08-27 04:49 PM
I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?
this is very important.
this is very important.
amenon
05-01 05:38 PM
Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.
Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.
My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.
One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.
My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?
Thanks.
more...
ssss
08-03 08:25 PM
Forgetting passwds is normal, especially for IT guys :D
cdeneo
04-03 02:48 PM
Anyone who applied and got a canadian tourist visa based on AP please share their experience ... Thanks!
seahawks
07-27 03:13 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
Gurus, any body know how USCIS will process 485 applications?
if visa dates are current or available per country limit, receive date will be, if retrogressed, the PD on or before cut off date will be the order.
GCWhru
11-15 11:29 AM
which city in TN?
Memphis
Memphis
django.stone
02-24 12:18 PM
Koi shak? (Any doubts?)
We are lucky to have been the generation to have watched Sachin. Hope he keeps going for few more years.
We are lucky to have been the generation to have watched Sachin. Hope he keeps going for few more years.
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