raysaikat
06-21 01:39 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
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laststraw
06-22 05:59 PM
Here are my case details
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
prasadn
02-04 05:04 PM
Since you were out of the country for more than a year on your previous H1 and subsequently you came to US on a H-4 visa, if you apply for H-1 now, you start afresh. You cannot "transfer" your old H-1 AFAIK, please check with other gurus on this forum.
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
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dbevis
February 10th, 2004, 09:18 AM
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anyone heard more about this - fact or fiction?
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ChalapathiChitturi
07-22 02:51 PM
Thank You little_willy and lifesucksinUS.
I also have the same question as jambapamba.
I also have the same question as jambapamba.
saravanaraj.sathya
08-24 08:55 AM
Mam Thank god..Atlast someone has responded. I live in Williamsville. I am the only one righht now. We will rent a car and try to get some 3 more guys. I will pm my contact no.
Hi,
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
Hi,
I am from Buffalo, i would like to come .. i am not sure yet.
how many are coming from buffalo?
________----
EB2-NIW
PD - March 2003
i485 RD - august 2003
CSC to NSC - March, 2007
waiting for GC
more...
kirupa
10-13 12:24 PM
If you want to develop for WM5, 6, and 6.1, you can still use Visual Studio to create a .NET Compact Framework-based application. You will get the ability to visually drag and drop controls, write some code-behind file, and other things.
Though, it won't be quite as feature-rich as Blend, nor will you will you have the ability to easily skin/style your content :nerd:
Cheers!
Kirupa
Though, it won't be quite as feature-rich as Blend, nor will you will you have the ability to easily skin/style your content :nerd:
Cheers!
Kirupa
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05-27 08:46 AM
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hebron
07-27 07:00 AM
Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
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hey.camelo
02-06 09:38 AM
My company applied my GC is EB3. I am on H1b and has close to 15 months of my visa.
I am currently in 5th year of My h1. I have 140 approved and I want to change my job due to my financial burdens..
q: Can i change job after getting 3 more years of extension? I meant, Can I transfer the H1 which was applied with 140 after 6 years of stay? Is there a possibility that current employer can do any thing?
Also, can i port the current priority date of green card and apply a new one in Eb2 future?
q: Based on the current labor and 140 waiting time, can 15 months will be enough to change the job and apply a green card and get labor & 140 approved?
if you faced similar situation or having information, can you pass me the same. Thanks a ton.
I am currently in 5th year of My h1. I have 140 approved and I want to change my job due to my financial burdens..
q: Can i change job after getting 3 more years of extension? I meant, Can I transfer the H1 which was applied with 140 after 6 years of stay? Is there a possibility that current employer can do any thing?
Also, can i port the current priority date of green card and apply a new one in Eb2 future?
q: Based on the current labor and 140 waiting time, can 15 months will be enough to change the job and apply a green card and get labor & 140 approved?
if you faced similar situation or having information, can you pass me the same. Thanks a ton.
more...
pappu
08-09 07:53 AM
Please find below my case details:
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.
i.Started on L1A in Dec 2001
ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.
iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).
With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.
Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.
Any thoughts? Appreciate your comments.
Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.
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roseball
09-01 05:56 PM
Thanks a lot for giving a reply on time.
I hope you realise this is a serious issue. You need to find out from your employer who filed your H1 whether he filed it as a "Change of Status" (COS) petition or "Visa to be issued abroad category".
If it was a H1 COS petition, then you have been accruing unlawful H1 status since your H1 start date as your status automatically changed from H4 to H1 (assuming your approval came with an attached I-94). In this case, you need to get back to H4 status. You can do that by re-entering US on a valid H4 visa (preffered way) or by filing a new H1 to H4 COS petition.
If your H1 petition was not filed under COS (filed under Visa to be issued abroad category), then you are still on H4 status (assuming you have been maintaining a valid H4) and there is nothing you need to do. If you want to convert to H1, then you need to go to a consulate mentioned on your H1 application, attend the H1 interview and re-enter US using H1 stamp.
Hope this helps and you take the necessary action.
I hope you realise this is a serious issue. You need to find out from your employer who filed your H1 whether he filed it as a "Change of Status" (COS) petition or "Visa to be issued abroad category".
If it was a H1 COS petition, then you have been accruing unlawful H1 status since your H1 start date as your status automatically changed from H4 to H1 (assuming your approval came with an attached I-94). In this case, you need to get back to H4 status. You can do that by re-entering US on a valid H4 visa (preffered way) or by filing a new H1 to H4 COS petition.
If your H1 petition was not filed under COS (filed under Visa to be issued abroad category), then you are still on H4 status (assuming you have been maintaining a valid H4) and there is nothing you need to do. If you want to convert to H1, then you need to go to a consulate mentioned on your H1 application, attend the H1 interview and re-enter US using H1 stamp.
Hope this helps and you take the necessary action.
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what_now
06-22 10:50 AM
Nebraska immigration law passes - CNN.com (http://edition.cnn.com/2010/US/06/22/nebraska.immigration/)
(CNN) -- Voters in Fremont, Nebraska passed a much-debated immigration measure Monday that would prohibit businesses and landlords from hiring or renting to illegal immigrants.
The ordinance had divided the community and put the eastern Nebraskan city into national headlines.
A local organization decried the new ordinance on its website.
"It is with great disappointment and sadness that tonight we acknowledge a majority of Fremont voters approving this misguided ordinance," the group called One Fremont-One Future said. "In reality, the passage of this ordinance shows that we have much work to do in our community to educate, break down barriers, and build relationships."
The American Civil Liberties Union has indicated it will file a lawsuit.
Similar measures were passed in Hazelton, Pennsylvania, and Farmers Branch, Texas, but they were later struck down by the courts.
In Hazelton, voters in 2006 approved a measure to enact practically the same law that Fremont has voted to adopt. But in July 2007, a federal judge found that immigration laws should be left solely to the federal government.
In May of 2008, a federal judge ruled the Farmers Branch law, which would bar landlords from renting to illegal immigrants, was unconstitutional.
"Those ordinances did not withstand legal scrutiny. They both failed in the courts when they were challenged," said Laurel Marsh, executive director of Nebraska's ACLU.
The reason according to Marsh: Both laws violated the U.S. Constitution's Supremacy clause and the 14th Amendment.
In addition, she said it's the federal government's responsibility to set immigration policy and "we are not well-served when communities or states try to set policy on their own."
Gregory Minchak of the National League of Cities said that it's the lack of federal immigration policy that is causing these cities to take matters into their own hands.
"Because of the absence of the feds doing anything, there's a lot of financial, cultural, political strains that are occurring [in cities and states]," he said. "They are just starting to act on their own."
(CNN) -- Voters in Fremont, Nebraska passed a much-debated immigration measure Monday that would prohibit businesses and landlords from hiring or renting to illegal immigrants.
The ordinance had divided the community and put the eastern Nebraskan city into national headlines.
A local organization decried the new ordinance on its website.
"It is with great disappointment and sadness that tonight we acknowledge a majority of Fremont voters approving this misguided ordinance," the group called One Fremont-One Future said. "In reality, the passage of this ordinance shows that we have much work to do in our community to educate, break down barriers, and build relationships."
The American Civil Liberties Union has indicated it will file a lawsuit.
Similar measures were passed in Hazelton, Pennsylvania, and Farmers Branch, Texas, but they were later struck down by the courts.
In Hazelton, voters in 2006 approved a measure to enact practically the same law that Fremont has voted to adopt. But in July 2007, a federal judge found that immigration laws should be left solely to the federal government.
In May of 2008, a federal judge ruled the Farmers Branch law, which would bar landlords from renting to illegal immigrants, was unconstitutional.
"Those ordinances did not withstand legal scrutiny. They both failed in the courts when they were challenged," said Laurel Marsh, executive director of Nebraska's ACLU.
The reason according to Marsh: Both laws violated the U.S. Constitution's Supremacy clause and the 14th Amendment.
In addition, she said it's the federal government's responsibility to set immigration policy and "we are not well-served when communities or states try to set policy on their own."
Gregory Minchak of the National League of Cities said that it's the lack of federal immigration policy that is causing these cities to take matters into their own hands.
"Because of the absence of the feds doing anything, there's a lot of financial, cultural, political strains that are occurring [in cities and states]," he said. "They are just starting to act on their own."
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09-30 12:14 AM
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rkm
02-19 07:25 AM
Is this for H1/H4/B1/B2 appointment?
Is so, then no need to worry about this. I had the same issue. Nothing has happened.They did not ask.
Is so, then no need to worry about this. I had the same issue. Nothing has happened.They did not ask.
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Canuck
05-04 09:05 PM
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
Thanks.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
Thanks.
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starscream
09-10 09:40 PM
Friends please see situation below:
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.
I got experience letters from 2 of my previous employers as proof of experience:
Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.
Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.
There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.
Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???
Thanks
thakkarbhav
02-08 09:43 AM
Yes. Perm Resi Card is your green card. You need H1B OR EAD OR GC/Citizenship to work.
Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.
GC is like super user so you can work for any employer in the USA.
I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.
Once you become citizen then you do not need GC. You will get US passport which is good enough for work/Travel.
GC is like super user so you can work for any employer in the USA.
I am surprised with your knowledge about GC but it is better to know sooner than later. Regards.
bin2000
08-25 01:40 PM
Dear all,
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Please advice.
Thank you
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Please advice.
Thank you
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