makemygc
10-20 07:47 AM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
You don't need to restamp as long as your stamped visa on the passport is valid. I've done it myself and just carried the employment letter and tha fat H1 transfer package with me..No issues. While entering back into US, they just asked me about the H1 transfer approval letter and that package. Only think you need to make sure that when you are coming back, your H1 should be valid, no matter which company is it from.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
You don't need to restamp as long as your stamped visa on the passport is valid. I've done it myself and just carried the employment letter and tha fat H1 transfer package with me..No issues. While entering back into US, they just asked me about the H1 transfer approval letter and that package. Only think you need to make sure that when you are coming back, your H1 should be valid, no matter which company is it from.
kondur_007
09-22 02:57 PM
hi All,
I didn't find any topic on this so asking a question in a new thread.
I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?
Please help me, I have to take decision ASAP.
Thank you in advance.
1. Salary cut should not cause any problem for you or your employer. It would be ideal if your employer also provides some reason (like slow economy!) for it on a letter.
2. And of course you can leave the employer on that grounds. This will not affect your GC in any way.
So relax....what all matters is "a good faith intention" at the time GC was approved. It is not your fault that the company is in financial trouble. You can switch employers or work with same employer at lower salary; all of it fair.
Good Luck.
I didn't find any topic on this so asking a question in a new thread.
I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?
Please help me, I have to take decision ASAP.
Thank you in advance.
1. Salary cut should not cause any problem for you or your employer. It would be ideal if your employer also provides some reason (like slow economy!) for it on a letter.
2. And of course you can leave the employer on that grounds. This will not affect your GC in any way.
So relax....what all matters is "a good faith intention" at the time GC was approved. It is not your fault that the company is in financial trouble. You can switch employers or work with same employer at lower salary; all of it fair.
Good Luck.
katrina
05-20 10:44 AM
I had not read that one...If cornyn amdmt gets through we are in a good shape then...
I kind a feel that would be a miracle eventhough this amdmt get approved for Philadelphia PBEC to finish all the labor within 6 month :) I'm not sure about dallas since Dallas PBEC already start processing 2005 application.
I kind a feel that would be a miracle eventhough this amdmt get approved for Philadelphia PBEC to finish all the labor within 6 month :) I'm not sure about dallas since Dallas PBEC already start processing 2005 application.
psaxena
05-04 11:16 AM
My case is in Nebarska.. is their an email for that location?
wow.... interesting post.
thanks.
i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.
Got to send this to my attorney and get her input.
wow.... interesting post.
thanks.
i used ac21 to port and mailed uscis the info regarding the port. I wonder if i shud be resending that info using this new process.
Got to send this to my attorney and get her input.
more...
GC_1000Watt
02-18 09:34 PM
If I'm not mistaken, the 485 processing times for TSC are much shorter compared to NSC. My case is at the VSC which is still doing 06 applications. Is there a particular reason behind this or is it just the sheer number of applications that VSC receives?
I was just looking at your PD (Jan 08 - Eb2 - India) and was wondering how were you able to apply your I-485. Any political source? :D
I was just looking at your PD (Jan 08 - Eb2 - India) and was wondering how were you able to apply your I-485. Any political source? :D
scabal12
06-11 09:38 PM
I recently got laid off and the company I was working for stated that it will revoke my H1-B. However, the same company applied for GC 4 years ago and currently the I-485 approval is pending. I did not renew my EAD after it expired last year and just continued on H1-B. I only renewed my wife's EAD which will expire next year. So, can I apply for renewal of EAD now and stay legally in this country while the EAD is being processed.
more...
yabadaba
07-22 12:33 PM
It is a bit early. No checks will be cleared except the legal fee checks. :)
Tomm will be the 23rd...so logically my application has been there for three weeks along with all the other july 2nd filers.
they say they will reach receipting compliance by 1st of August at the NSC...if that is true we need to see some cleared checks right away
Tomm will be the 23rd...so logically my application has been there for three weeks along with all the other july 2nd filers.
they say they will reach receipting compliance by 1st of August at the NSC...if that is true we need to see some cleared checks right away
bigboy007
04-18 03:50 AM
But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who �moonlights� pursuant to an EAD has not �left� his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
more...
gcformeornot
09-25 03:53 PM
When 140 is revoked USCIS generally send NOID and ask from a offer letter from intended(new) employer. If you can not provide a letter from new employer... they will deny 485.... sorry.
Your EAD is valid, but it is useful only if you have a new job.
Your EAD is valid, but it is useful only if you have a new job.
cygent
04-01 07:43 PM
Thanks,
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
Ok, let me put it this way.
Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.
So in this scenario, is the any difference vs. filing concurrently or not?
more...
eb3retro
03-11 11:59 PM
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
check this out from www.immigration-law.com website.
03/12/2006: Comprehensive Immigration Reform: EB-2 vs. EB-3: Time to Consider Filing of Concurrent EB-2 and EB-3 I-140 Petitions?
* All of the comprehensive immigration reform bills in the Senate except the border security bills propose to increase the annual EB-3 numbers substantially. On the other hand, these bills propose to reduce annual allocation for EB-2 in terms of the percentage. When combining EB-3 for skilled workers/professionals with EB-3EW for unskilled workers, the combined EB-3 will run as high as 60% plus and minus. Besides, should Sen. Brownback amendment be legislated into law, a large number of nurses/physical therapists will be taken out of the burden in the EB-3 visa numbers. In the BECs, there still remain a huge number of mostly EB-3 cases including unskilled workers which will take out the immigrant visa numbers in the future, probably before the summer of year 2008. Still, 60+ of the total "increased" employment-based immigrant visa numbers must add upto a large number. Contrary to this trend, a large number of cases are filed in the EB-2 category these days. Considering the fact that EB-2 numbers may be reduced or maintain at the current level at best, EB-2 visa numbers may increasingly face the pressure.
* We hope that the history will not repeat itself. In the 1990s, there was a time when the EB-2 numbers were more oversubscribed than EB-3 for China. One may wonder whether it is time for the EB immigrants who attain the EB-2 labor certification to consider filing of EB-2 and EB-3 I-140 petitions concurrently or sequentially against the situation which reveal worse oversubscription of EB-2 over EB-3, particularly P.R. China. EB-2 labor certification is eligible for both EB-2 I-140 petition and EB-3 I-140 petition. It is a matter of paying additional $195 filing fees. Something to think about.
=======================
all i am saying is whether u r in eb1 or 2 or 3, we are all in a deep sh**t of this retrogression, you would never know, whether its good or bad being in a certain category in GC process, cos, most of the process su***s according to me. my perception is , if u have job in this country u work, and in this period, if u get ur GC, its good, if not, its not our fault. We are doing our part by supporting organisations like IV. But there is so much anti-immigration scentiments out these days, we get defeated so easily (eg S.1932). Work with IV and leave the rest to time.
my 2 cents..
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
check this out from www.immigration-law.com website.
03/12/2006: Comprehensive Immigration Reform: EB-2 vs. EB-3: Time to Consider Filing of Concurrent EB-2 and EB-3 I-140 Petitions?
* All of the comprehensive immigration reform bills in the Senate except the border security bills propose to increase the annual EB-3 numbers substantially. On the other hand, these bills propose to reduce annual allocation for EB-2 in terms of the percentage. When combining EB-3 for skilled workers/professionals with EB-3EW for unskilled workers, the combined EB-3 will run as high as 60% plus and minus. Besides, should Sen. Brownback amendment be legislated into law, a large number of nurses/physical therapists will be taken out of the burden in the EB-3 visa numbers. In the BECs, there still remain a huge number of mostly EB-3 cases including unskilled workers which will take out the immigrant visa numbers in the future, probably before the summer of year 2008. Still, 60+ of the total "increased" employment-based immigrant visa numbers must add upto a large number. Contrary to this trend, a large number of cases are filed in the EB-2 category these days. Considering the fact that EB-2 numbers may be reduced or maintain at the current level at best, EB-2 visa numbers may increasingly face the pressure.
* We hope that the history will not repeat itself. In the 1990s, there was a time when the EB-2 numbers were more oversubscribed than EB-3 for China. One may wonder whether it is time for the EB immigrants who attain the EB-2 labor certification to consider filing of EB-2 and EB-3 I-140 petitions concurrently or sequentially against the situation which reveal worse oversubscription of EB-2 over EB-3, particularly P.R. China. EB-2 labor certification is eligible for both EB-2 I-140 petition and EB-3 I-140 petition. It is a matter of paying additional $195 filing fees. Something to think about.
=======================
all i am saying is whether u r in eb1 or 2 or 3, we are all in a deep sh**t of this retrogression, you would never know, whether its good or bad being in a certain category in GC process, cos, most of the process su***s according to me. my perception is , if u have job in this country u work, and in this period, if u get ur GC, its good, if not, its not our fault. We are doing our part by supporting organisations like IV. But there is so much anti-immigration scentiments out these days, we get defeated so easily (eg S.1932). Work with IV and leave the rest to time.
my 2 cents..
eb2dec2005
10-24 03:08 PM
RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case
hi Chandu,
I have used my EAD to join a perm position. I did not inform my employer about it, since he neither paid me while i was out of project,nor retained my health insurance.Although , iam not sure if he has cancelled by I140 or not.
Please let me know what documents are needed to invoke AC21.
I just know the job title on which my PERM was applied .
It was Software Engineer (Systems Software) with MS + 1 Year
And also i do have a copy of the approved I140.
Appreciate your help.
Thanks,
hi Chandu,
I have used my EAD to join a perm position. I did not inform my employer about it, since he neither paid me while i was out of project,nor retained my health insurance.Although , iam not sure if he has cancelled by I140 or not.
Please let me know what documents are needed to invoke AC21.
I just know the job title on which my PERM was applied .
It was Software Engineer (Systems Software) with MS + 1 Year
And also i do have a copy of the approved I140.
Appreciate your help.
Thanks,
more...
wizkid732
08-25 10:44 AM
Thanks for the reply, the wait is painful. Itls like a detention without trial :-)
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
when he contacted senator and inturn they contacted USCIS, Senator got same reply as urs . his is also 2005 EB2 I PD. He is just waiting too.
i wonder what that extensed security review means. looks like never ending. hope no one gets stuck in it.
gchopeful
07-17 06:51 PM
You can file until Aug 16 .However from July 30 , you have to pay new feess..Better apply before July 30 and contribute to IV
After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.
So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.
After July 30th, you have to pay the higher fee, but you will get free AP/EADs for the entire duration until adjudication.
So, it's up to you (and whoever is paying for ur EADs).. you can decide appropriately.
more...
little_willy
05-02 12:56 PM
I am in a similar situation. I was offered the job but was later declined in a top 5 fortune company because of this scenario. My 6-yr H1 ends on Sep 2007 and I have a 3-yr extension based on approved I-140 with current employer till Sep 2010. The company attorney that initially offered me the job reasoned that this is a grey area and they are not willing to take the risk. So, bottomline is different immigration lawyers have different opinion on this matter. It is a case of how you read the grey print.
Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.
Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.
Sandeep
01-23 09:14 AM
DO we guys have a plan, a project ?
How we want to approach these critical subjects ?
How are we using the funds ???
The reason why I am not contributing is I dont know where the money will go or is goin right now ????
-First of all I am happy to note that you said WE guys not YOU guys.
-Yes, we have a plan. To put it in generic terms, what we have to first do is to get professional help. Over the last 2 weeks, guys have taken pains to come on their personal time and money to D.C. to listen to and decide on such an organization. Not to mention the numerous telecons in which many of the volunteers have participated. On top of that we are launching on a membership drive to let people know of this organization. We are also planning on having a coordinated organized approach to meeting lawmakers.
-The funds would be primarily used to get such a professional organization. A little bit of it may be required for other purposes like say the PR /getting the message out
-The money as of now is not"going" anywhere - it is being collected for the uses I described above. Note that all the members have been spending from their pockets for all the meeting/visits I described above. Be assured that none of us are doing this for monetory reasons - in fact all we are getting is lesser time for our families and a lot of hard work.
-Unless people start contributing there is no way that we can do any of the activities mentioned above. To wait for the full details of the actions makes no sense for me. If I knew all these steps, why would I hire a strategist?! Also if people are not willing to contribute the money/ not do anything, how much committed are they to the cause?
If you want me to call and explain this, send me a PM with your phone number.
How we want to approach these critical subjects ?
How are we using the funds ???
The reason why I am not contributing is I dont know where the money will go or is goin right now ????
-First of all I am happy to note that you said WE guys not YOU guys.
-Yes, we have a plan. To put it in generic terms, what we have to first do is to get professional help. Over the last 2 weeks, guys have taken pains to come on their personal time and money to D.C. to listen to and decide on such an organization. Not to mention the numerous telecons in which many of the volunteers have participated. On top of that we are launching on a membership drive to let people know of this organization. We are also planning on having a coordinated organized approach to meeting lawmakers.
-The funds would be primarily used to get such a professional organization. A little bit of it may be required for other purposes like say the PR /getting the message out
-The money as of now is not"going" anywhere - it is being collected for the uses I described above. Note that all the members have been spending from their pockets for all the meeting/visits I described above. Be assured that none of us are doing this for monetory reasons - in fact all we are getting is lesser time for our families and a lot of hard work.
-Unless people start contributing there is no way that we can do any of the activities mentioned above. To wait for the full details of the actions makes no sense for me. If I knew all these steps, why would I hire a strategist?! Also if people are not willing to contribute the money/ not do anything, how much committed are they to the cause?
If you want me to call and explain this, send me a PM with your phone number.
more...
abheja
12-21 07:29 PM
I don't want you to freak out because my case is probably a very small fraction of the visa applications BUT since this thread is specifically related to PIMS, I thought I'd give you my example. Good news for you is, you are going to India. I was stuck in Canada not knowing long it might take for the PIMS to get updated. I ended up touring North Canada but I wish I could've traveled with a peace of mind.
gouridighade
04-28 04:18 PM
Thanks pd052009, what a sigh of releif...:)
mgos
07-21 10:10 AM
Legislatively, is there a way the bill can be revived? If so, can we involve the democrats by lobbying through the south asian/indian caucas?
istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
rockstart
10-29 12:25 PM
Pls check the fees to be sent with new application, you might have to send the new fees. consult your lawyer
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