hmehta
08-08 01:49 PM
May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!
:(
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
:(
Hi folks,
Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.
Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.
The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.
Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.
Please advice. Anything will help.
Thanks in advance.
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jtad
07-25 04:53 PM
This idea is ridiculous. Blood donation is a sign of protest????? If you think giving blood is so bad and you want to protest in that way, you will not gain sympathy.
THIS IS A BAD IDEA FOR A PROTEST!
Saying that the idea is rediculous is what is ridiculous. Respect others way of thinking, agreeing or disagreeing is different. Criticize polietly...
Where did you get the idea that to protest means to do something "bad"?...
THIS IS A BAD IDEA FOR A PROTEST!
Saying that the idea is rediculous is what is ridiculous. Respect others way of thinking, agreeing or disagreeing is different. Criticize polietly...
Where did you get the idea that to protest means to do something "bad"?...
reddymjm
02-10 03:16 PM
Guys --
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Can u update ur profile
I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
has anyone being in this situation ?
Thanks,
gandalf
Can u update ur profile
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another_wei
05-01 04:21 PM
Yes, I did leave after being here more 8 years when my AP was approve i went back to China in 2008. The after 3 weeks visit my family I returned to United States and admitted back ok.
Very strange they asking for school transcript from almost 10 years ago (my F1 start 1999)
Thank you, thank you! Best I get a Lawyer to answer this latest RFE but i feel much better now. I should be pass I hope!
Very strange they asking for school transcript from almost 10 years ago (my F1 start 1999)
Thank you, thank you! Best I get a Lawyer to answer this latest RFE but i feel much better now. I should be pass I hope!
more...
alterego
06-26 07:28 PM
You do not always have a LUD on your 485 when your EAD/AP is processed. I have had 4 such applications so far, my wife likewise. Once, out of these 8 times(Collectively for both of us) there was an LUD and subsequently an easily cleared up RFE(about current job) for me.
LUDs on 485 are more frequent when you are about to get biometrics notice or when they are processing your file or before your petition is approved.
LUDs on 485 are more frequent when you are about to get biometrics notice or when they are processing your file or before your petition is approved.
sk.aggarwal
07-23 10:49 AM
I don't have a suggestion but a question for you. What is this money that you get if you stick with the company after they lay you off. Why would you lose the money if you join company B? I am sorry I just thought it was kind of strange.
I guess he is talking about severance pay, could range from 1 month to 2 years of salary depending on duration of employment with company and there policies.
I guess he is talking about severance pay, could range from 1 month to 2 years of salary depending on duration of employment with company and there policies.
more...
aachoo
02-23 12:45 PM
Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.
-a
I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.
-a
I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.
Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?
Two points that I am not a fan of:
1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.
2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.
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ajp5
02-25 12:56 AM
Sorry to hear about your situation. Many people are in a similar boat. Even though it may not mean much now, only tough times like these give us an opportunity for introspection & give us a chance to improve our lives. So hang on. all the best. answers below.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.
Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice
Thanks a lot for your time. I appreciate your help in this regard.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.
Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice
Thanks a lot for your time. I appreciate your help in this regard.
more...
keerthisagar
12-21 07:41 AM
I am all up for it & won't mind doing it all...
This is good idea - call for members to join the effort. You can count me in.
This is good idea - call for members to join the effort. You can count me in.
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GCwaitforever
09-22 04:16 PM
So can I ask my colleague to send me a notarized experience letter ?
Notarizing means taking an oath in front of a notary. Also be aware that notary is done for documents not in the public domain. Your freind better be sure of what he is vouching for. Otherwise he will get into trouble.
Why would not your ex-employer sign your experience letter? HR department of every company once in a while receive requests like this from ex-employees and they should not have a problem with it.
Notarizing means taking an oath in front of a notary. Also be aware that notary is done for documents not in the public domain. Your freind better be sure of what he is vouching for. Otherwise he will get into trouble.
Why would not your ex-employer sign your experience letter? HR department of every company once in a while receive requests like this from ex-employees and they should not have a problem with it.
more...
saurav_4096
11-28 02:38 PM
Did you check your junk folder ?
Yes I regularly check junk folder.
Yes I regularly check junk folder.
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deardar
07-06 11:05 AM
I apologize for not searching it enough. Thanks -
Thanks Bro
Thanks Bro
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Dhundhun
06-11 10:05 PM
I sent it using United States Postal Service (usps). I did use full zip code (75185-2401). I also used usps return receipt, which means somebody from USCIS has to sign this form.
Return receipt is problem for PO Boxes. This is unattended. Not sure who signs it. Generally they put a paper in Mail Box., and based on that someone will be picking from Post Office.
This is the reason for it - so it will be delivered.
I just use delivery confirmation for P.O. Boxes.
Return receipt is problem for PO Boxes. This is unattended. Not sure who signs it. Generally they put a paper in Mail Box., and based on that someone will be picking from Post Office.
This is the reason for it - so it will be delivered.
I just use delivery confirmation for P.O. Boxes.
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lord_labaku
10-23 12:19 PM
so brooklyn then?
more...
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Dhundhun
06-06 01:48 PM
SSN has already been obtained on first EAD. Now the question is why renew EAD if one does not intend to work?
Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.
First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.
I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.
Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.
I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.
Now EAD will be required, when you need to renew Driving License (or State ID). If H4 spouse is not driving and State ID is also not required (passport is OK as ID) then I don't see any reason for EAD.
First EAD was also not required. I did not get this done for my wife. Lawyer charged me full money minus $190. For stimulus package SSN was required, so I requested Lawyer to file EAD and I was asked $840.
I did e-filing to get EAD, then to SSA for getting SSN and then Tax Return.
Note: Based on personal experiences, if you can easily part away $340, keep on getting EAD renewed even if not required. In foreign land, who knows what is required in future - Stimulus package mishap is an example of this. A lot money is wasted in life - this may be also wasted.
I485 receipt is not proof accepted in places like DMV or SSA. I think, nowhere it is accepted except in USCIS.
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sts_seeker
07-05 04:24 PM
Hi All,
My lawyer waited until the last minute and filed I-140/I-485 concurrently even when the PD was current in June07 for me. It a Labor Substitution case so should I file new I-140 before July 16th with a copy of ALC and write a note or they will take out I-140 from the file and only return the I485? I cut a seperate check for I140 while filing.
please advice asap.
Thanks
sts_seeker
My lawyer waited until the last minute and filed I-140/I-485 concurrently even when the PD was current in June07 for me. It a Labor Substitution case so should I file new I-140 before July 16th with a copy of ALC and write a note or they will take out I-140 from the file and only return the I485? I cut a seperate check for I140 while filing.
please advice asap.
Thanks
sts_seeker
more...
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go_guy123
11-03 06:05 AM
According to OH Law's website:
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then. It has left a bitter taste for me.
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then. It has left a bitter taste for me.
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starving_dog
09-02 02:01 AM
I'm glad to hear that you are well. Have a great Labor Day weekend.
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kiran_k02
01-12 12:58 AM
If your application is excessively delayed, you can always enter using a valid AP. Gurus correct me if I am wrong.
Masterji, I will not be able to come on AP as my Passport is in Application Package.
Masterji, I will not be able to come on AP as my Passport is in Application Package.
pappu
05-31 08:27 AM
How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
http://immigrationvoice.org/forum/showthread.php?t=694&page=3
has some ideas all members can implement
http://immigrationvoice.org/forum/showthread.php?t=694&page=3
has some ideas all members can implement
anilsal
12-20 11:50 PM
I wish Sen.Cornyn to have a wonderful holiday season. May he be well rested so that he gets motivated to pass the SKIL bill in Jan/Feb.
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