bombay_rail
01-13 02:43 AM
Hello,
I am in my 6th year H1B which is getting expired on Feb 20th 2007. My I140 is approved couple of months back. My employer has applied for the H1B Extension for 3 years on Jan 8th. According to the current status, I will not get my H1B extension papers until March 2007.
My work contract with the client is getting over by Feb 28 and the chances of extension are almost zero. Since my relation with my employer is on a contractual basis, any thing can happen once my work contract is over.
Question 1:
How does it work if I loose the job before the approval of my H1B (I will have the receipt notice) and also I have to change the employer at the same time?
Can some one let me know about this?
Question 2:
Due to the above confusion, I am debating with me, should I file the H1B extension in premium process or not?
The reason for this thought is, if I loose the job I have to search only for the job and need not to worry about the legalities. I simply have to transfer the H1B to the new employer.
What about the expert�s opinion on this?
Any advices on this would be much appreciated.
I am in my 6th year H1B which is getting expired on Feb 20th 2007. My I140 is approved couple of months back. My employer has applied for the H1B Extension for 3 years on Jan 8th. According to the current status, I will not get my H1B extension papers until March 2007.
My work contract with the client is getting over by Feb 28 and the chances of extension are almost zero. Since my relation with my employer is on a contractual basis, any thing can happen once my work contract is over.
Question 1:
How does it work if I loose the job before the approval of my H1B (I will have the receipt notice) and also I have to change the employer at the same time?
Can some one let me know about this?
Question 2:
Due to the above confusion, I am debating with me, should I file the H1B extension in premium process or not?
The reason for this thought is, if I loose the job I have to search only for the job and need not to worry about the legalities. I simply have to transfer the H1B to the new employer.
What about the expert�s opinion on this?
Any advices on this would be much appreciated.
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docker
06-09 05:43 PM
Experts,
can somebody answer my questions or point me to a resource?
thanks,
can somebody answer my questions or point me to a resource?
thanks,
Blog Feeds
05-19 01:20 AM
A nice contrast to the Politico article I just posted about the GOP is this piece from Ruben Navarette on how the Democrats could be right back where they were before 2006 with Latino voters if they fail to deliver on immigration reform.
More... (http://blogs.ilw.com/gregsiskind/2009/05/will-democrats-fumble-the-ball-with-latino-voters.html)
More... (http://blogs.ilw.com/gregsiskind/2009/05/will-democrats-fumble-the-ball-with-latino-voters.html)
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lghtslpr
03-13 05:00 PM
In the March issue of BioScience (a widely read scientific journal) Gillean Andres reports on the growing momentum for new federal incentives to attract new students into careers in science, technology, engineering, and mathematics. The article is available here: Washington Watch: The Cost of Doing Business: Should the United States Create Incentives for science, technology, engineering, and mathematics (STEM) Labor? (http://www.aibs.org/washington-watch/washington_watch_2006_03.html).
Legislators in both parties have been attentive to these proposals. High-profile Republicans, including Representative Frank Wolf (VA) and former Speaker of the House Newt Gingrich, were among the first advocates for a renewed investment in innovation to protect the STEM workforce. Now they have been joined by leading House Democrats and a bipartisan group of senators.
So, the general political climate seems favorable to what Immigration Voice is trying to achieve. The question is whether IV can cash in on the opportunity.
Legislators in both parties have been attentive to these proposals. High-profile Republicans, including Representative Frank Wolf (VA) and former Speaker of the House Newt Gingrich, were among the first advocates for a renewed investment in innovation to protect the STEM workforce. Now they have been joined by leading House Democrats and a bipartisan group of senators.
So, the general political climate seems favorable to what Immigration Voice is trying to achieve. The question is whether IV can cash in on the opportunity.
more...
aguy
07-21 04:39 PM
hi,
does anyone here know the mailing address that I can use with fedex to submit application to the uscis nebraska center? also, does uscis accept saturday delivery of packages?
thanks,
ashish
does anyone here know the mailing address that I can use with fedex to submit application to the uscis nebraska center? also, does uscis accept saturday delivery of packages?
thanks,
ashish
roseball
10-24 10:19 AM
Hi:
Me and my husband left US on AP, which is valid until nxt year. We both were working on valid H1's until we left. We dont want to go for stamping and will use AP on our arrival at the POE. We havent applied for EAD when we left. Is it Ok for us to apply for EAD once we are back in US or is it ok to apply for H1's again once we r back. In both cases whether we go for h1 or EAD, can we start wroking rt a way or do we need approval first.
Thanks.
If you are planning to continue working for the same H1 employer when you return on AP, then you can start working immediately. If you intend to change employers, then either your new employer needs to file a H1 Change of Employer petition and you can start working once you get it approved OR you can apply EAD and start working when its approved.
Me and my husband left US on AP, which is valid until nxt year. We both were working on valid H1's until we left. We dont want to go for stamping and will use AP on our arrival at the POE. We havent applied for EAD when we left. Is it Ok for us to apply for EAD once we are back in US or is it ok to apply for H1's again once we r back. In both cases whether we go for h1 or EAD, can we start wroking rt a way or do we need approval first.
Thanks.
If you are planning to continue working for the same H1 employer when you return on AP, then you can start working immediately. If you intend to change employers, then either your new employer needs to file a H1 Change of Employer petition and you can start working once you get it approved OR you can apply EAD and start working when its approved.
more...
sac-r-ten
11-06 03:34 PM
congrats. 1 more step towards the goal....
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dilbert_cal
02-09 01:57 AM
"urgent - attorney please reply"
Can you please put in an appropriate title. Folks looking for similar answer will find it easier to find.
You do not need to inform the company holding your H1 when doing a transfer.
I believe this year's quota is over - so if you do have a file a new H1 ( and if cap to non-cap is considered a new # ) , then you will have to wait till next year.
I'm not very aware of the process of transfer between cap and non-cap - the new company's attorney are another good source for your question - they should be able to help you out faster.
Can you please put in an appropriate title. Folks looking for similar answer will find it easier to find.
You do not need to inform the company holding your H1 when doing a transfer.
I believe this year's quota is over - so if you do have a file a new H1 ( and if cap to non-cap is considered a new # ) , then you will have to wait till next year.
I'm not very aware of the process of transfer between cap and non-cap - the new company's attorney are another good source for your question - they should be able to help you out faster.
more...
roseball
08-04 04:11 PM
Hi,
I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.
The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.
My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.
Thanks for your help.
Shan
No, you cannot work for the new employer till Sep 1st as it seems the H1 was filed with a requested start date of Sep 1st and you already got the approval notice.
I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.
The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.
My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.
Thanks for your help.
Shan
No, you cannot work for the new employer till Sep 1st as it seems the H1 was filed with a requested start date of Sep 1st and you already got the approval notice.
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donnahff
10-14 05:48 PM
i have same too but sir what next.....?:confused:
On September 2, 2009, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
On September 2, 2009, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
more...
krithi
05-26 04:22 PM
Same TSC...
I applied on May 5th no FP notice yet, do you think I should call USCIS.
I applied on May 5th no FP notice yet, do you think I should call USCIS.
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permfiling
05-18 05:42 PM
If you haven't filed I-485 yet, you cannot use AC21 as it requires I-485 to be pending for more than 180 days. It means, that you're stuck with your ex-employer for GC processing unless your new employer is willing to file new LC and I-140 for you. You can port the PD of your approved I-140 to the new one.
Once your PD becomes current, then you can file I-485.
I think you got my question differently. My ex-employer is A where I had my I140 approved . Now I am with employer B. If i want to continue with B then I have to file LC+140 with old PD but if I go back to A in same role then I have to file only 485 but my LCA is specific to location in CA .My question is wether I join A in NY and still file AOS based on old PD or not.
Once your PD becomes current, then you can file I-485.
I think you got my question differently. My ex-employer is A where I had my I140 approved . Now I am with employer B. If i want to continue with B then I have to file LC+140 with old PD but if I go back to A in same role then I have to file only 485 but my LCA is specific to location in CA .My question is wether I join A in NY and still file AOS based on old PD or not.
more...
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LCtank
09-12 03:43 PM
Illegals are another story, and now we need to focus on the legals, as all efforts trying to bind legal and illegal together turned out to be failure completely.
While we can keep an eye on these articles - these are coming up to counter our efforts.
Lets keep the focus on.
I would only say - IV is for legal immigrants, for those who have maintained legal status and have played by the rules.
While we can keep an eye on these articles - these are coming up to counter our efforts.
Lets keep the focus on.
I would only say - IV is for legal immigrants, for those who have maintained legal status and have played by the rules.
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sanjaymk
07-22 09:34 AM
Hi,
I am in the same situation, I called my lawyer and he mentioned that there is no problem legally, but the issue is incase they need some clarification from you and you are not in US then it would be an issue as the time frame is very short.
I am going to canada for my stamping, so he said it might not be an issue.
Sanjay.
I am in the same situation, I called my lawyer and he mentioned that there is no problem legally, but the issue is incase they need some clarification from you and you are not in US then it would be an issue as the time frame is very short.
I am going to canada for my stamping, so he said it might not be an issue.
Sanjay.
more...
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tdasara
02-13 08:04 PM
Can Carl Shusterman help us get USCIS release the numbers allocated and how they were allocated?
He below argued how USCIS interpreted the law and won
http://www.earthtimes.org/articles/show/news_press_release,60087.shtml
He below argued how USCIS interpreted the law and won
http://www.earthtimes.org/articles/show/news_press_release,60087.shtml
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Ruta
07-28 12:15 PM
Please someone tell me whether Ac21 portability 180 days rule applies from the day USCIS receives the application or whether it starts from day you get I-485 Receipt #????
In our case USCIS recieved our application on July 2nd and we have not received receipt # yet. so 180 day clock starts ticking on July 2nd?
In our case USCIS recieved our application on July 2nd and we have not received receipt # yet. so 180 day clock starts ticking on July 2nd?
more...
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GC4US
01-31 11:39 PM
Could someone help me with this issue, please?
I applied for I-140 and I-485 in August 2007...my PD is sept. 2005, Eb3....
...I saw online the following message for I-140( I don't know what RFE was about:
Current Status: Response to request for evidence received, and case processing has resumed.
"On January 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done."
My notice date for I-140 is Oct. 4th 2007 and receipt date is August 16th 2007...I've done my fingerprints in december 2007...my question is:....
......does it mean that Uscis will approve or deny I-140 within 60 days like they said above...even though the processing times for I-140 in Nebraska is Jan 2007?
What does the above message mean?
Does this mean Uscis is working on my I-140?
Could someone clarify this please? Anyone faced a similar situation?
I would highly appreciate your reply.
Thanks in advance!
I applied for I-140 and I-485 in August 2007...my PD is sept. 2005, Eb3....
...I saw online the following message for I-140( I don't know what RFE was about:
Current Status: Response to request for evidence received, and case processing has resumed.
"On January 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done."
My notice date for I-140 is Oct. 4th 2007 and receipt date is August 16th 2007...I've done my fingerprints in december 2007...my question is:....
......does it mean that Uscis will approve or deny I-140 within 60 days like they said above...even though the processing times for I-140 in Nebraska is Jan 2007?
What does the above message mean?
Does this mean Uscis is working on my I-140?
Could someone clarify this please? Anyone faced a similar situation?
I would highly appreciate your reply.
Thanks in advance!
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nikhilarora
10-07 05:24 PM
Hi All,
I transferred my H1B from Company A to Company B. Currently i am working with Company B, but my Company -B's H1B Application is Still in Pending.
Now i would like to do the COS from Company B(pending H1B) to F1 as I already received I-20 from the University for the Spring 2010.
Case Description: Assume that, we applied Change of Status from H1B to F1 and it is in pending status.
Case i : what happens to my Pending H1B Application with the Company B.
Case ii : What happens if my H1B with Company B gets approved/Denied, when COS from H1B to F1 is pending.
Case iii: what happens if my H1B to F1 Change of Status gets denied.
Appreciate your valuable answers.
I transferred my H1B from Company A to Company B. Currently i am working with Company B, but my Company -B's H1B Application is Still in Pending.
Now i would like to do the COS from Company B(pending H1B) to F1 as I already received I-20 from the University for the Spring 2010.
Case Description: Assume that, we applied Change of Status from H1B to F1 and it is in pending status.
Case i : what happens to my Pending H1B Application with the Company B.
Case ii : What happens if my H1B with Company B gets approved/Denied, when COS from H1B to F1 is pending.
Case iii: what happens if my H1B to F1 Change of Status gets denied.
Appreciate your valuable answers.
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huggybear2679
09-30 05:43 PM
You've been approved per your message below. So all it means in your case is that the USCIS has to let the Visa Center and/or Dept of State know that.
reachinus
09-20 05:42 AM
Not sure why you want to go to Consulate in India and why you have to mention to them about the 22 days. H1 will not be processed in the Consulate in India, it will be processed only here. If you are saying that in future when you go to the US Consulate in India for stamping then its not needed to mention about the 22 days, since you filed before the I-94 expiration. Do have a soft copy of the FexEx receipt saved for your future use.
gc_chahiye
07-15 01:54 PM
that is old stuff and also scary stuff for some people, even if old visas's are being recaptured, it was being done only for Schedule-A folks (nurses). So for all other EB categories where the only form of relief they are seeing is from possible recapture, if nurses take away those 200k (per Ombudsman its about 218K lost visas) then thats another big hope gone.
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