tabletpc
01-11 09:29 AM
Guys please help me with below questions.
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
[B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.
B]
I appreciate your advice
Have a nice trip..!!!
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
[B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.
B]
I appreciate your advice
Have a nice trip..!!!
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shahuja
02-06 09:28 AM
i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
kaisersose
12-07 12:19 PM
Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
I have my EAD for a rainy day.
In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.
The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.
Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
I have my EAD for a rainy day.
In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.
The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.
Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.
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mchundi
07-27 08:41 PM
Hi everyone,
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
If ur current employer did not apply for a labor, it doesnot matter anyway, as u r in the same position.
Ur friend is right. However if ur I-140 is also approved, u will continue to get H1-B extensions beyond 6 years.
--MC
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
If ur current employer did not apply for a labor, it doesnot matter anyway, as u r in the same position.
Ur friend is right. However if ur I-140 is also approved, u will continue to get H1-B extensions beyond 6 years.
--MC
more...
yabadaba
04-07 09:50 AM
This is the question on the N400 (application for citizenship)
"Where have you worked (or, if you were a student, what schools did you attend) during the last five years? Include military service.Begin with your current or latest employer and then list every place you have worked or studied for the last five years. If you need more space, use a separate sheet of paper."
what if a person changes his job immidiately after 485 approval and does not apply for citizenship until 6 years?
"Where have you worked (or, if you were a student, what schools did you attend) during the last five years? Include military service.Begin with your current or latest employer and then list every place you have worked or studied for the last five years. If you need more space, use a separate sheet of paper."
what if a person changes his job immidiately after 485 approval and does not apply for citizenship until 6 years?
HereIComeGC
03-26 01:49 PM
How did you come to this conclusion?
From previous experiences, USCIS will work like crazy and use up all
visa numbers for EB2. Like they did last September - approving 60000 or so appplications.
From previous experiences, USCIS will work like crazy and use up all
visa numbers for EB2. Like they did last September - approving 60000 or so appplications.
more...
Desi Unlucky
09-22 06:37 AM
I'm pledging that i would get two more members added in a week's time. Would like to see that all the other 5990 members take a similar pledge. There were 3 threads started in the last couple of days "Welcome to new members", "Immigration voice needs your help", "Goal: Bring atleast one new member". I observed that the last posted thread shows up as the first hyperlink on the right side when someone logs into iv.org and was dreaming that either of the above mentioneed threads will be the most active threads. But soon realised and sadened that it is not the case. The current energy levels of the members (but for a handful) are not really encouraging.
If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.
One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.
2/10 got registered after reading my mail.
4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
At the end of the conversation they seemed interested in registering and got registered.
Working on the remaining 4.
Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.
Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)
Keep the pledges and registrations coming !!!!!!!
If each one of us are not able to get another member not registered, then i doubt if we could convince the law makers and the govt to make changes to alleviate our misery.
One thing is for sure it has not been easy getting new members registered. I sent an email to 10 of my friends who are in the same boat as me asking them just to register. Here are the statistics.
2/10 got registered after reading my mail.
4/10 got registered after me making phone calls, explaining things, asking them few questions such as do you know what is CIR, do you know u can retain your PD after I140, do you know abt cross chargeabilty, do you know that a group of 4 people started this and now it's 6000...........
At the end of the conversation they seemed interested in registering and got registered.
Working on the remaining 4.
Bottom line it definitely involves some effort. Just do not leave it after sending an email. And also do not limit yourself to getting 1 member, get as many as you can.
Core group if you endorse this goal then we can make a quick reality check abt our (all the 5990 members) will and resolve and see where we are. (i'm sure u will as this is in line with your current objectives, i'm specifically asking abt the time frame whether it should be a week or 10 days or.....)
Keep the pledges and registrations coming !!!!!!!
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cram
08-23 08:34 PM
On July 20, I got an RFE for my employer's 2006 ITR. They are taking forever to subnit the document. How much time are we given to submit the evidence. How many days?
more...
pappu
12-31 01:35 PM
My case is not complicated (i believe) but transfered from Texas to Vermont.
May be not many adjudicators over there who can handle 485's or lot of workload.
My case is not complicated (i believe) but transfered from Texas to Vermont.
(Hope not many adjudicators over there who can handle 485's or lot of workload. )
[QUOTE or has multiple applications?
Family of three.
It maybe a case of load balancing between service centers, but sending to Vermont is odd after they started bi-specialization. Generally I have heard between Texas or Nebraska and in some cases to Local offices. Did the transfer notice say... we are transferring to speed up your case....?
May be not many adjudicators over there who can handle 485's or lot of workload.
My case is not complicated (i believe) but transfered from Texas to Vermont.
(Hope not many adjudicators over there who can handle 485's or lot of workload. )
[QUOTE or has multiple applications?
Family of three.
It maybe a case of load balancing between service centers, but sending to Vermont is odd after they started bi-specialization. Generally I have heard between Texas or Nebraska and in some cases to Local offices. Did the transfer notice say... we are transferring to speed up your case....?
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grcard
06-14 10:46 PM
i took infopass and went to local immigration officer and he said i should go to
him after july 1st and he said he can find out where my file is??
i dont know is this possible but i am going to try.
him after july 1st and he said he can find out where my file is??
i dont know is this possible but i am going to try.
more...
pappu
08-31 01:49 PM
No point in spending time on such a poll by CNN. We all should focus on other things that can bring some tangible benefits to our cause.
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perm2gc
08-24 10:28 AM
So just to be clear:
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIAEveryone preserves their H1 for the worst cases that might be coming in future..
You check the USCIS website and check yourself whether you can do it yourself or not.
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIAEveryone preserves their H1 for the worst cases that might be coming in future..
You check the USCIS website and check yourself whether you can do it yourself or not.
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CreatedToday
03-18 02:56 PM
It's very sad we depend on this bloodsucker employer (former H1s) who setup the shop and leave you in the lurch when they can't squeeze any more of your blood!
You may complain with DOL, but I�m not sure about any statutory limit to file the case.
Good Luck!
Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
. . .
But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.
Now I'm mad since I'm stranded, and if possible complain about him.
I need HELP.
You may complain with DOL, but I�m not sure about any statutory limit to file the case.
Good Luck!
Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
. . .
But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.
Now I'm mad since I'm stranded, and if possible complain about him.
I need HELP.
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Humhongekamyab
08-20 03:17 PM
I am glad they have started enforcing this. This will let them work on the cases rather than answer the calls.
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desi485
01-14 03:28 PM
Today me and my wife got our CPO emails. Mine was filed in Eb3 and my wife's was in Eb2. I got my approved though my wife.
I've been in US for 10 years... now i've two things to do
1. Wonder was it really worth this wait.
2. Move to the citizen line.
thanks IV, for all the support.
I'll not be going anywhere..My life has been on IV for all these years and now i don't know what to do because I've been addicted to come to IV every hour of my life these past years. I still remember pressing F5 during the july fiasco bulletin.
:cool:
Congrates! This may be useful information for you: check it out (http://immigrationvoice.org/wiki/index.php/US_Life_After_GC)
I've been in US for 10 years... now i've two things to do
1. Wonder was it really worth this wait.
2. Move to the citizen line.
thanks IV, for all the support.
I'll not be going anywhere..My life has been on IV for all these years and now i don't know what to do because I've been addicted to come to IV every hour of my life these past years. I still remember pressing F5 during the july fiasco bulletin.
:cool:
Congrates! This may be useful information for you: check it out (http://immigrationvoice.org/wiki/index.php/US_Life_After_GC)
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delhirocks
06-17 12:11 PM
Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.
Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess the point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess the point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
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desi3933
03-04 11:24 AM
....
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
....
The answer could be
"I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]
Employment can ask for valid employment authorization, but not for kind of employment authorization.
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
[From the link]
The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
________________________
Not a legal advice.
US citizen of Indian origin
My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.
....
The answer could be
"I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]
Employment can ask for valid employment authorization, but not for kind of employment authorization.
U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
[From the link]
The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.
________________________
Not a legal advice.
US citizen of Indian origin
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purplehazea
01-14 11:57 AM
Dude what are you talking about? The only thing that is linked to Feb 15 is that provision that IV is proposing for 485 filing/H1B increase.
As per immigration-law.com:
01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline
* Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
* As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned.
Nowadays immigration-law has more up to date information.
As per immigration-law.com:
01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline
* Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
* As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned.
Nowadays immigration-law has more up to date information.
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maximus777
09-10 03:05 PM
Which EB category are you shooting for?
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01-27 01:32 PM
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GCwaitforever
01-24 11:27 AM
Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.
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