extofu
03-07 11:06 AM
You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
Madan Ahluwalia
02-23 02:39 PM
Your wife can not extend her H1b.
If both of you have EAD/AP, you should use that to continue working.
Otherwise, you can extend your H1b and continue working. She can not.
If your new H1b is already approved (don't understand why you are not using your EAD and keeping H1b open), and you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.
If both of you have EAD/AP, you should use that to continue working.
Otherwise, you can extend your H1b and continue working. She can not.
If your new H1b is already approved (don't understand why you are not using your EAD and keeping H1b open), and you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.
msp1976
01-11 11:34 AM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
No ..There would be no problem...
In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year extension..at least 1 year they got to give...
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
No ..There would be no problem...
In fact tell the lawyer to attach the 140 application receipt to the H1 extension and ask for a 3 year extension..at least 1 year they got to give...
dilvahabilyeha
08-09 01:20 PM
It is your passport number
no friend it cannot be
no friend it cannot be
more...
rayoflight
09-03 10:46 AM
Hi,
I think you should write your spouse name on the mailbox alongwith yours especially if she still maintained her maiden name which would be different from your last name.
Also do talk to your postmaster and update the situation.
Hope this helps.
Cheers,
Rayoflight
I think you should write your spouse name on the mailbox alongwith yours especially if she still maintained her maiden name which would be different from your last name.
Also do talk to your postmaster and update the situation.
Hope this helps.
Cheers,
Rayoflight
Raj Iyer
09-23 03:58 PM
You need an I-140 approval notice. If not, type in the receipt no on USCIS website and obtain the status update which will state that the petition is approved, and see if they accept it. I can't guarantee that that they will accept it., but I have used it in the past in another scenario (MTR) and they have accepted it.
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wheretogo
12-08 11:55 PM
I am also in Minneapolis.
Anders �stberg
November 21st, 2005, 10:50 AM
EDIT: The pictures seem to have moved since I voted. Now I like #4. :)
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LostInGCProcess
11-14 02:57 PM
Another example of how inefficient USCIS is. I have applied my EAD in Aug 28th, did the FP in Sept 22, case still pending. I sent to Texas Service center.
Which center did you file your EAD?
Which center did you file your EAD?
devikas81
06-19 03:44 PM
I am on similar situation....I really appreciate if someone can advise on it...
Thanks in advance...
Thanks in advance...
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h1bnogc
08-28 10:52 PM
When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
sbay2006: Could you please share your experience during secondary inspection? thanks!
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
sbay2006: Could you please share your experience during secondary inspection? thanks!
harsh
01-05 02:14 PM
To add to what logiclife said, even if you were to apply for a change of status, make sure your friend has been in the US for more than 60 days. If you apply for a change of status to H1B within 60 days of coming here, then it will deemed by USCIS that your intention to travel to US was to find a job and that you committed a fraud when you applied for a B2 which is a tourist visa. So if you apply within 60 days then USCIS will surely reject the application. It is true for almost all visas if you happen to apply for a change of status within 60 days of arriving in US.
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Steve Mitchell
November 21st, 2005, 06:09 PM
The shots can be sharpened much better which would make all of them even more appealing.
abe1
06-22 10:56 PM
Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.
I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?
Could someone please advice?
Thank you.
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GC08
04-04 08:56 PM
I am kinda wishing it were down... it is too depressing to see those days never move. :(
ebizash
02-06 11:50 AM
I was in the same boat last year when I was being promoted and was given 16% increase and a change of title. So my HR asked our immi attorney about any issues (my I-140 was already applied and pending at that time). My attorneys said that there is no issue for H1 as well as GC but they said that they have to file an amended H1-B petition for the promotion, change of title and pay hike.
I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.
I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.
I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.
I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.
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dealsnet
04-06 02:11 PM
You can see many denials for 3 year degree people in various forums including IV.
I have one copy of the denial of my friend in hand. (AAO appeal in progress)
It is 3+1+2=6, still they denied for EB2.
Before 3 year degree people go with some notorious evaluators (you know who) and get evaluated with professor letter (pay $500 to $1000). What they will do is 'find and replace' option in microsoft word file template to change the candidates name and issue a 200 page opinion letter. (all candidates will get same letter, only change in name and university).
Now this is not flying with USCIS.
So we can see increase in the denials.
Could you please share source/link for your assertion?
.
I have one copy of the denial of my friend in hand. (AAO appeal in progress)
It is 3+1+2=6, still they denied for EB2.
Before 3 year degree people go with some notorious evaluators (you know who) and get evaluated with professor letter (pay $500 to $1000). What they will do is 'find and replace' option in microsoft word file template to change the candidates name and issue a 200 page opinion letter. (all candidates will get same letter, only change in name and university).
Now this is not flying with USCIS.
So we can see increase in the denials.
Could you please share source/link for your assertion?
.
eb3retro
02-15 11:25 PM
Hi,
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
could you please update your profile? thanks.
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
could you please update your profile? thanks.
sathish_gopalan
07-19 12:27 AM
I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.
I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.
Please point me to any thread if this has already been discussed.
pappu
09-18 05:23 PM
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
kpchal2
03-17 10:34 PM
HI
I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation
company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.
Changed company to Company B in May 2006.
Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.
Changed company to Company C in Jan 2007.
Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.
I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.
Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.
Thanks
I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation
company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.
Changed company to Company B in May 2006.
Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.
Changed company to Company C in Jan 2007.
Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.
I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.
Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.
Thanks
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