desitechie
11-22 02:07 PM
My Question:-
My answers.
Disclaimer:This is to just give an indication and you should consult an attorney for exact response.
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
Yes
2) What if, The new company don't file AC 21?
AC21 is better for scenario #3 though its not mandatory. You can give the EVL if asked during RFE
3) What if the previous employer cancel my I 140.
Technically you should be OK since 6 months have passed since 485 filing and the new job should be similar to the labor
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:[/QUOTE]
Should be good as long as the new company is good and willing to continue the GC process.
My answers.
Disclaimer:This is to just give an indication and you should consult an attorney for exact response.
1) Can the new company can file my H1b Extension based upon my previous company I 140 and receipt notice (Because due to delays my H1b is not approved for previous employer)?
Yes
2) What if, The new company don't file AC 21?
AC21 is better for scenario #3 though its not mandatory. You can give the EVL if asked during RFE
3) What if the previous employer cancel my I 140.
Technically you should be OK since 6 months have passed since 485 filing and the new job should be similar to the labor
Let me know what other problem can I face if I transfer my H1b to new employer.:confused:[/QUOTE]
Should be good as long as the new company is good and willing to continue the GC process.
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WaitingForMyGC
02-25 02:23 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I do not have answers to your question but have few questions of mine
1. Can non-profit H1 be transferred to regular H1?
2. While non-profile H1 is in extension process, can new regular H1 be filed?
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I do not have answers to your question but have few questions of mine
1. Can non-profit H1 be transferred to regular H1?
2. While non-profile H1 is in extension process, can new regular H1 be filed?
QuickGreenCard
10-25 06:06 PM
Hi all,
I have a peculiar situation. I have applied for H1b and got approval notice. But when I went to apply for SSN for employment, the SSN employees could not find the new approved status in their system. Their system only shows my previous US entry status, H4.
They have accepted my application by marking it as SUSPECT in their system, meaning that they forwarded my application to USCIS for verification of my H1B approval status.
They said that it could take anywhere from 1 week to 4 weeks for verification. Does anyone run into this situation??
Please post your experiences.......
Last but not the least:
When I checked my H1B status on USCIS website it still shows that the application has been received and is still pending, eventhough I have the approval notice sent by them....
Do we need to do anything to let them know that the status hasnt been updated in their online system??
Thanks for the help.........
I have a peculiar situation. I have applied for H1b and got approval notice. But when I went to apply for SSN for employment, the SSN employees could not find the new approved status in their system. Their system only shows my previous US entry status, H4.
They have accepted my application by marking it as SUSPECT in their system, meaning that they forwarded my application to USCIS for verification of my H1B approval status.
They said that it could take anywhere from 1 week to 4 weeks for verification. Does anyone run into this situation??
Please post your experiences.......
Last but not the least:
When I checked my H1B status on USCIS website it still shows that the application has been received and is still pending, eventhough I have the approval notice sent by them....
Do we need to do anything to let them know that the status hasnt been updated in their online system??
Thanks for the help.........
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supers789
05-22 04:34 PM
Hi,
I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -
1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).
2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?
3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?
I will really appreciate anyone can give me some brief guidance on this.
Thanks.
I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -
1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).
2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?
3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?
I will really appreciate anyone can give me some brief guidance on this.
Thanks.
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ski_dude12
06-22 12:25 PM
bump...
akgind
09-25 12:30 PM
For more info, go to Murhty link below, and scroll to the appropriate question.
http://www.murthy.com/chatdb.asp?sFor=interfile&Category=All&B1=Search
http://www.murthy.com/chatdb.asp?sFor=interfile&Category=All&B1=Search
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nvsrkriss
04-12 12:14 AM
1)on Feb 19 th 2008 came to US with H1B Visa stamp of Comp A having
validity till AUG 2010
2)Transferred VISA to Comp B by applying with in 15-20 days after
landing into USA and got approved till Feb 2011.
3)after working for 10months in Comp B applied for transfer to Comp C
4)after getting receipt started working with Comp C
5)on Jan 21,2009 acc to USCIS site RFE was issued
6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?
Q1) Am I still legal to stay,if so till how many days or am I
already out of status?
q2)can I still rejoin the previous employee i.e.Comp B
q3)can Comp C able to reapply for H1B if So after how much time can it
reapply for me?
Please help
Thx
validity till AUG 2010
2)Transferred VISA to Comp B by applying with in 15-20 days after
landing into USA and got approved till Feb 2011.
3)after working for 10months in Comp B applied for transfer to Comp C
4)after getting receipt started working with Comp C
5)on Jan 21,2009 acc to USCIS site RFE was issued
6)on Apr 10,2009 Visa denied. I am still waiting for the details of the RFE and denial from my attorney?
Q1) Am I still legal to stay,if so till how many days or am I
already out of status?
q2)can I still rejoin the previous employee i.e.Comp B
q3)can Comp C able to reapply for H1B if So after how much time can it
reapply for me?
Please help
Thx
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waiting4gc02
01-10 01:52 PM
Guys:
Any news when this would be out and what to expect..??
Good Luck..
Any news when this would be out and what to expect..??
Good Luck..
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mrajatish
03-28 09:45 AM
When does a bill come to floor - will any of the bills come to floor today?
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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...
more...
perm2gc
09-07 05:00 PM
I meant before I am out of status.
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
OzIn Some Cases USCIS may ask paystubs before approving the H1(So be careful with company A..you need them until you get the approval notice). In case of GC, couple of months will not effect the process.
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
OzIn Some Cases USCIS may ask paystubs before approving the H1(So be careful with company A..you need them until you get the approval notice). In case of GC, couple of months will not effect the process.
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cbpds
08-07 03:31 AM
Nothing to worry, you have made no mistake, thats the way it appears
all the best
Hello Friends,
I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?
Please help me getting answer to this puzzle.
all the best
Hello Friends,
I have today booked my visa interview appointment at Mumbai consulate.My hometown is Indore (Madhya Pradesh) and on the visa appointment letter the "State of Residence" says "Maharashtra". I am confused whether I made any mistake or the "state of Residence" says maharashtra based on consulate's state?
Please help me getting answer to this puzzle.
more...
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baburob2
04-29 01:05 PM
Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
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immmj
01-11 02:31 PM
BTW, my wife is out of US right. She came here and went back half year ago with visitor visa.
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NolaIndian32
02-15 07:21 PM
If the labor cert has been filed, approved and the I-140 has been filed, I think you can file for an extension of the H1-b. I was advised the same by my attorney, but by the time we filed for the extention, my I-140 was also approved (rather quickly).
You should contact your immigration attorney right away.
You should contact your immigration attorney right away.
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rockstart
10-13 08:42 AM
You need to consider all possiblities
1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything
2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not
3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.
I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.
1) Best case scenario: Your H1 gets approved before Oct in that case no need to do anything
2) H1 does not get approved by Oct 31 & No h4 applied then I am not sure if you are in status or not
3) If you apply for H4 and then you have H1 approval and subsequently H4 approval. In that case least you are in status but you will have to go out of country and get H1 stamped to remain on H1 status.
I would recommend option 3 as that is safest option though it involves money and stamping hassale it is worth it.
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rajeshiv
03-01 01:33 PM
I was moved from state (A) to another state (B) along with Client 'Y' four years back...and my Employer didn't filed for H1 amendment at that time, but my payroll was running from State B with same salary. I was not aware of this rule to file an amendment for change in job location and I dont know even employer is aware of that or not.
After three years I got EAD and I Employed by Company X in state B.
My question is....what are my options and problems for not being filed H1 Amendment four years back.?
Please advice.
After three years I got EAD and I Employed by Company X in state B.
My question is....what are my options and problems for not being filed H1 Amendment four years back.?
Please advice.
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baba84
04-28 08:17 AM
could you be a little more specific as to what "a" and "b" or "h" are addressing.
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sri2007
05-05 10:14 PM
Gurus,
Pls advice
1. Does Employer still have any ways to revoke the I140 even after 180days crossed from the filling of I485, if Iam transfering my H1 to other company.
2. Also for new job if I were to get title such as Senior Software Engineer, or Data engineer wherein my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though responsibilities match in both the jobs.
Pls advice
1. Does Employer still have any ways to revoke the I140 even after 180days crossed from the filling of I485, if Iam transfering my H1 to other company.
2. Also for new job if I were to get title such as Senior Software Engineer, or Data engineer wherein my appointment letter/I140 shows as a Programmer. Will it be difficult to raise AC21 though responsibilities match in both the jobs.
Munshi75
06-05 06:23 PM
Open a thread for yourself!!!
Hi Guys,
In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.
What number should we write? I-485 receipt number or receipt number for last EAD?
Can someone please respond?
Thanks
Hi Guys,
In the instructions to file EAD they say to print name and alien receipt number on the back of the photos.
What number should we write? I-485 receipt number or receipt number for last EAD?
Can someone please respond?
Thanks
InTheMoment
03-24 12:49 PM
Totally irrelevant to this forum. Administrator please review this thread.
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