ivuser
02-20 12:08 PM
1.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
QUESTION :: First and foremost - can I change my job as I am entering the 6th year of H1?
ANSWER :: Yes you can. Just have to be bit careful. The new company should first apply H1 for 3 years based your current approved I-140. Then start the new GC process with a request to transfer the priority date. It is best not to join the new company till the H1 and the new I-140 gets approved, in this way if some thing goes wrong, you have your current company to fall back.
2.
QUESTION :: Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?
ANSWER :: Yes, you need to reapply the LC. Though there is no time frame, you need to apply 365 days before your new H1 expires, so that you could get H1 extensions in the future.
Please note if you have an approved I-140, then you get 3 years extension. If your current I-140 is revoked then in the future you need a new GC process pending for at least 365 days to request H1 1 year Extension. Again if the future company’s I-140 is approved then based on that you could request 3 years H1 Extention.
3.
QUESTION :: Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.
ANSWER :: There will not be an issue to transfer your current priority date (EB3) to the new GC process in EB2, just because it is EB3 to EB2.
Please visit the thread ::
Immigration Voice -> Immigration Information -> Green Card Retrogression -> Job change after I-140? - Opinions pl.
REQUEST ::
Please support IV.
DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.
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GCard_Dream
11-30 09:39 PM
Some of you here know the immigration law much better than I do and I just have a quick question on the "ability to file 485" issue. When congress passes a law, not every little detail is spelled out and it's left up to the related government agency/department to implement/interpret the law and spell out every single implementation detail. Having said that, is the "Ability to file 485 only when PD is current" actually spelled out in the law or is it something how USCIS decided to implement the law? If the later is true, shouldn�t we try to convince USCIS to let everyone file I-485 regardless of the PD. I mean it�s a win-win situation. USCIS gets more revenue because you now have to renew your EAD every year and most of us will be very happy because we can make career/employer changes as necessary.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
The reason I ask is because it makes a lot of difference for lot of folks in terms of their own career advancement as well as spouse�s career.
leo2606
09-15 08:20 PM
I would think at this point every thread should talk about just DC activities next week, chandu is right.
You might say even I have too much time in my hand, YES I have for IV activities and monitor people like you who are demotivating others.
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
You might say even I have too much time in my hand, YES I have for IV activities and monitor people like you who are demotivating others.
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
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hemanth22
07-06 06:54 AM
the dollar has already fallen 15% and you havent seen the indian economy collapsing or the indian IT companies stock values coming down drastically here and in india
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priderock
07-20 10:45 AM
I am not sure whether it will fly or not, but I always thought it is a good idea to consider how many years a person is in USA on a legally working status and contributes to Federal,State,local taxes and social security and Medicare , rather than how many years a person has GC.
I am sure laws about citizenship needs amended to facilitate that and I don't think any one has appetite to attempt it or even to think on those lines currently.
PS: Just Came to know yesterday about a person who came here literally 4 months ago bought a LC from 2001 and going to get his GC in months time and I know a friend who is here for a decade is still waiting in PBEC. This process is not fair and never was and so is life :(
I am sure laws about citizenship needs amended to facilitate that and I don't think any one has appetite to attempt it or even to think on those lines currently.
PS: Just Came to know yesterday about a person who came here literally 4 months ago bought a LC from 2001 and going to get his GC in months time and I know a friend who is here for a decade is still waiting in PBEC. This process is not fair and never was and so is life :(
desi3933
07-05 03:32 PM
Please note that I joined the H1 employer and later got an H1 transfer approved also.
Thanks.
I am little confused now. Did you get another H1/H1 transfer recently.
Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.
It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.
___________________
Not a legal advice.
Thanks.
I am little confused now. Did you get another H1/H1 transfer recently.
Please provide me exact dates of approval for all transfers L1/H1 and your dates of employment.
It appears that you may be out of status for some time, but fortunately did not accumulate any illegal presence time.
___________________
Not a legal advice.
more...
milind70
10-15 10:45 AM
Hello Gurus,
I am EB3 India with PD September 2002.
After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.
Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.
In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.
I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.
Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.
Any inputs/advise are really appreciated.
IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.
Thanks a lot.
I think you should be fine, just be confident dont waiver in interview.
Stick to what is on paper.
Regarding your PD it is of utmost importance that you get it corrected now
than later, I had a friend who had a PD of May 2001 but his PD was detrmined to be may 2004 his attorney raised a query and got it corrected.
I think in your case because have put your 140 date as PD since PD is usually determined at 140 stage and u have filed concurrently,make sure you bring this upto the notice of USCIS and get it corrected .
I am EB3 India with PD September 2002.
After all these years of endless waiting I am called for
an interview at the local office in Philadelphia
in Nov 26th 2007.
Here are my details:
Labour Applied: September 2002
Labour approved: September 2003
I-140/I-485 Applied: April 2004
I-140 Pproved: August 2004
Got married: August 2005
Applied I-485 for Wife: June 2007
Current Status of Wife: H1-B
Countelss EADs and APs for me and a recent EAD approval
for my wife with her AP still pending and status is still H1-B.
In the beginning of this year, I resigned from the
company who was the original sponsorer of my GC.
I then started contracting on hourly basis and worked for
a decent hourly rate for the first half of this year.
Finally I got a full time offer with decent salary and
benefits and took the job. I started working for this
job - remotely and also took up another contracting job
on an hourly basis (Got greedy as I waited too long :-))
and started working on both these jobs.
The point is - it is a different technology and not even
remotely connected to my original job where my Labour
cert was applied and approved. I was a developer
back then and with all the experience, I couldn't
continue as the pay was too low and no growth at all.
I can have a letter of future employment that
states that I have on offer in the same technology
in which my original labour was applied and approved
and that is not a problem at all.
Please advise me on how to go about it. I can
afford to pay and take the best attorney with me
to the interview - some one who is very well known in
the Philadelphia area.
Any inputs/advise are really appreciated.
IMP: Icing on the cake - my PD was mentioned wrong in
the interview notice - it says april 2004 !!
That was when my i-140 was applied and not labour.
My labour was applied in September 2002 !!!
Advise on this is also appreciated.
Thanks a lot.
I think you should be fine, just be confident dont waiver in interview.
Stick to what is on paper.
Regarding your PD it is of utmost importance that you get it corrected now
than later, I had a friend who had a PD of May 2001 but his PD was detrmined to be may 2004 his attorney raised a query and got it corrected.
I think in your case because have put your 140 date as PD since PD is usually determined at 140 stage and u have filed concurrently,make sure you bring this upto the notice of USCIS and get it corrected .
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phantomias
10-27 02:57 AM
I have the same problem which zico described at below and I submitted my I-20 for an h1B amendment. It starts before my grace period time ends up.
My question is my amendment is still on pending process since September 17th. Will I be out of status if the school or I cancel my I-20 BEFORE the result of pending process of my H1B amendment?( Am I safe since I already passed October 1st?)
Second question is:Can I do an H1B transfer to another company in such a situation?
Thanks a lot for all help!!
My lawyer received my H1B approval in the mail yesterday. Online status said approved on 15th. But lawyer said that I will have to pick it up from India. Otherwise I'll have to file an amendment. I am guessing it is form I-797B (no I-94)
Anyone else in similar situation with any information?
Case:
* Regular quota (65k) Premium processing @ VSC
* Receipt date: April 9th (via email)
* Approved: April 15th (checked online status)
* Lawyer received mail approval on April 18th (US Postal Mail)
* Planning on taking Kaplan course from June - September which can be extended till Oct
My question is my amendment is still on pending process since September 17th. Will I be out of status if the school or I cancel my I-20 BEFORE the result of pending process of my H1B amendment?( Am I safe since I already passed October 1st?)
Second question is:Can I do an H1B transfer to another company in such a situation?
Thanks a lot for all help!!
My lawyer received my H1B approval in the mail yesterday. Online status said approved on 15th. But lawyer said that I will have to pick it up from India. Otherwise I'll have to file an amendment. I am guessing it is form I-797B (no I-94)
Anyone else in similar situation with any information?
Case:
* Regular quota (65k) Premium processing @ VSC
* Receipt date: April 9th (via email)
* Approved: April 15th (checked online status)
* Lawyer received mail approval on April 18th (US Postal Mail)
* Planning on taking Kaplan course from June - September which can be extended till Oct
more...
zico123
06-16 09:28 PM
I have my I-20 from University X, but I don't have the I-20 form from University Y.
Contact the International Students Office in University Y. Most colleges keep a copy of your I20. You can use that copy.
Also, SEVIS has a record of all the I20s issued to you and the colleges and degrees you completed.
Contact the International Students Office in University Y. Most colleges keep a copy of your I20. You can use that copy.
Also, SEVIS has a record of all the I20s issued to you and the colleges and degrees you completed.
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das0
12-17 05:38 PM
Thanks you.
Is AC21 Memo required under Law?
Is AC21 Memo required under Law?
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puskeygadha
01-13 03:29 PM
oaktree
I am live example..
my perm was denied..and we filed MTR which has not gone through yet
then my company filed another perm but for a different position and
description..that got approved..
i extened H1 with MTR but lost my priority date..which does not matter to me
since i am EB2 and Rest of the world...just incase my MTR gets accepted
i can use that PD
I am live example..
my perm was denied..and we filed MTR which has not gone through yet
then my company filed another perm but for a different position and
description..that got approved..
i extened H1 with MTR but lost my priority date..which does not matter to me
since i am EB2 and Rest of the world...just incase my MTR gets accepted
i can use that PD
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yestogc
05-31 05:06 PM
sorry.............
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Will Obama Follow his footsteps ?
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jsquare
08-21 09:24 AM
I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
I suggest, call immigration department of your Graduate school, they must have the details. Or just leave it blank that information. One of my friend had EAD on OPT and when he applied firt time for EAD(while pending I-485), he left that information as blank and he got his EAD
These are my suggetions
I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?
I suggest, call immigration department of your Graduate school, they must have the details. Or just leave it blank that information. One of my friend had EAD on OPT and when he applied firt time for EAD(while pending I-485), he left that information as blank and he got his EAD
These are my suggetions
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ivar
04-29 09:43 AM
when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.
Thank you.
finally i got the 140 from my employer..and my date was ported successfully..so its all good.
Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.
Thank you.
more...
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logiclife
02-27 08:11 PM
Thanks for taking the interest and posting the comment.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
What you mean is change the content of the webfax,not the format.
Anyways, the current draft of Specter bill would lead to numbers flowing downward(unused numbers due to 7% or 10% per country limit). When they flow downwards from EB2, EB3 and EB4, they go to EB5 where there is no mention of per country limit(by omission).
You know what this means? After all the gains, the country limit on India and China will cause the overflow of all visa numbers to EB5(Unskilled labor, gardeners, cooks, maids) WHERE THERE IS NOT COUNTRY LIMIT and unlimited demand. And over there, in absence of no country limit, immigrants from Mexico will consume all EB5 unskilled numbers and there wont be anything like "UNUSED" numbers.(read the thread posted by STUCKLABOR for that analysis and legalese. : http://immigrationvoice.org/forum/showthread.php?t=241 )
Coming back to proposals of Specter, the idea that there is so much relief that we dont need to worry about this or that...here is the thing...Current markup is a proposal. Not even a final version of Judiciary committee markup. From there you lose some things when it goes to the full floor of senate and then A LOT OF THINGS when the hawks from the HOUSE of REPS like Tancredos and Smiths slither their tentacles on the Senate version in the CONFERENCE COMMITTEE. That's the reason we dont want to lose one thing even if we are gaining 10 things because those 10 things might be reduced to 2 by the time its negotiated in the conference committee between the house and the senate.
However, if you want to provide more input on this issue, you are most welcome to email Sandeep who is leading the content-prep team that writes these webfaxes and letters. His email is sandeep@immigrationvoice.org
Thanks for taking interesting and sharing your view.
--logiclife.
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GotFreedom?
07-10 11:08 AM
I have been facing this same situation for last 3 years. I could not work on several goverment contracts because they recognize only permanent residents to be elegible for working in those contracts although the documents for the contract said that the team members should have valid working authorization in the country. What a mess it is!!
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pappu
11-30 01:34 PM
eb3India, thanks for joining the chapter thread. Unfortunately others have not signed up yet. I will be in Indianapolis next weekend and if we have some more chapter members and you all want to organize a small meeting , I can join you.
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omiboy
09-21 10:02 PM
Can someone please help me?
I have been with my current company for the past 7 years under an H-1 visa.
My perm and I-140 have been approved in Aug 2007 and Jan 2008 respectively (Priority date is Aug 2007).
I am currently on my 3rd H-1 extension which was given to me till Oct 2012.
My current company had a change in management and has been harrasing me by transfering me from location to location for the past two years now. And now they have cut my pay and just today I was informed that my hours have been cut as well.
Is there any way for me to transfer my H-1 to another company who is willing to employ me?
My present company has said that they will keep my green-card sponsorship untill I get the card phisically.
Can someone tell me if I can transfer to another comapny?
If I do so, will I have to start all over again on a new perm and I-140, or can they remain under the current comapny?
I have spent over 10K for the perm and I-140 in filing fees and lawyers fees, I can't afford to do this all over again.
Please help me... I need advice.
Sincerely
Omi.
I have been with my current company for the past 7 years under an H-1 visa.
My perm and I-140 have been approved in Aug 2007 and Jan 2008 respectively (Priority date is Aug 2007).
I am currently on my 3rd H-1 extension which was given to me till Oct 2012.
My current company had a change in management and has been harrasing me by transfering me from location to location for the past two years now. And now they have cut my pay and just today I was informed that my hours have been cut as well.
Is there any way for me to transfer my H-1 to another company who is willing to employ me?
My present company has said that they will keep my green-card sponsorship untill I get the card phisically.
Can someone tell me if I can transfer to another comapny?
If I do so, will I have to start all over again on a new perm and I-140, or can they remain under the current comapny?
I have spent over 10K for the perm and I-140 in filing fees and lawyers fees, I can't afford to do this all over again.
Please help me... I need advice.
Sincerely
Omi.
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WithoutGCAmigo
06-07 05:37 PM
sorry my friends; 'm not understanding;when i viewed immigration voice last time you were all supporting it now you are against it. i'm quite confused:confused: :confused: :confused:
EndlessWait
12-14 11:17 AM
if so then its tough
jasmin45
08-09 06:51 PM
Are you kidding me $400.00 I paid $115.00 Including tetanus shot and tb shot. $35.00 for the lab work and my husband's insurance covered the x-ray because I Knew it would com back positive. What a rip off
It depends, paid 400 a piece. We were in a hurry to get our applications down to uscis by 2nd july... had to go to nearest physician and he charged about 400 a piece and no x-ray was needed. I wanted to get the I-693 asap and got it in 3 days.
Question is Why in the world is this doctor asking for more than 1 tetanus shot? 1 tetanus is good for I believe 10 years. Are you talking about MMR?
It depends, paid 400 a piece. We were in a hurry to get our applications down to uscis by 2nd july... had to go to nearest physician and he charged about 400 a piece and no x-ray was needed. I wanted to get the I-693 asap and got it in 3 days.
Question is Why in the world is this doctor asking for more than 1 tetanus shot? 1 tetanus is good for I believe 10 years. Are you talking about MMR?
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