bobby123
03-24 08:42 AM
Yes, you can change your employer's from India but you need to go for stamping again at US Consulate and get a new VISA to enter into US.
I went through same situation in 2008 and i'm in US now.
I went through same situation in 2008 and i'm in US now.
wallpaper Charlie Sheen may have set a
msri311
10-14 03:39 PM
I applied for H1B as a Software Test Engineer and my LCA is applied with the same job description. Now i wish to work as Programmer Analyst in the same location specified in the LCA. will i need to amend my LCA or H1B or is it fine to continue with the same LCA. Are there any chances of my LCA getting denied and how long will it take to get the new LCA. Thanking you in advance.
kondur_007
05-20 06:11 PM
"05/19/2008: Passage of H.R. 5571 for IMGs Failed Today and Postponed Until a Later Date
The House floor failed to pass this bill and postponed until the undetermined date for final action."
This bills is to renew Conrad 30 program which is set to expire June 2008. This bill is sponsored by Zoe Lofgren and has been posponed until the undetermined date!
This is a vital provision for J1 physicians for waiver opportunities but I have not found much on this on the internet besides above quote from Oh law firm.
The House floor failed to pass this bill and postponed until the undetermined date for final action."
This bills is to renew Conrad 30 program which is set to expire June 2008. This bill is sponsored by Zoe Lofgren and has been posponed until the undetermined date!
This is a vital provision for J1 physicians for waiver opportunities but I have not found much on this on the internet besides above quote from Oh law firm.
2011 Charlie Sheen was laughing and
Blog Feeds
05-14 04:00 PM
The American Immigration Policy Center issued an excellent Fact Sheet about H2A farm orkers and the need for reform.
The Agricultural Job Opportunities, Benefits, and Security (AgJOBS) Act has long served as a blueprint for comprehensive immigration reform. AgJOBS, which combines an earned legalization program for farmworkers with a reform of the H-2A temporary foreign agricultural worker program demonstrates a successful model for compromise where workers and employers have come together to resolve their differences. The dysfunctional U.S. immigration system is currently standing in the way of addressing deeper structural problems that impact U.S. workers and U.S. competitiveness in a globalized market. As Congress proceeds, here are a few facts about the current challenges at the intersection of immigration policy and agriculture, and why addressing these issues is critical to the nation�s economy.
Here is an interesting fact :Most farmworkers are not authorized to work legally in the U.S.
According to the National Agricultural Workers Survey (NAWS), conducted biannually by the Department of Labor, the share of seasonal agricultural workers who reported that they were unauthorized has increased dramatically in the last two decades, rising from 7% in Fiscal Year (FY) 1989, to 16% in FY 1990-91, to 28% in FY 1992-93. In the most recently published NAWS survey from FY 2001-02, 53% of all seasonal agricultural workers admitted they were not authorized to work in the U.S. However, many experts suggest that the number may actually be closer to 75%.
Read the Fact-sheet here (http://www.immigrationpolicy.org/images/File/factcheck/Farmworkers%20Fact%20Sheet.pdf)
More... (http://www.visalawyerblog.com/2009/05/h2a_visas_facts_about_farmwork.html)
The Agricultural Job Opportunities, Benefits, and Security (AgJOBS) Act has long served as a blueprint for comprehensive immigration reform. AgJOBS, which combines an earned legalization program for farmworkers with a reform of the H-2A temporary foreign agricultural worker program demonstrates a successful model for compromise where workers and employers have come together to resolve their differences. The dysfunctional U.S. immigration system is currently standing in the way of addressing deeper structural problems that impact U.S. workers and U.S. competitiveness in a globalized market. As Congress proceeds, here are a few facts about the current challenges at the intersection of immigration policy and agriculture, and why addressing these issues is critical to the nation�s economy.
Here is an interesting fact :Most farmworkers are not authorized to work legally in the U.S.
According to the National Agricultural Workers Survey (NAWS), conducted biannually by the Department of Labor, the share of seasonal agricultural workers who reported that they were unauthorized has increased dramatically in the last two decades, rising from 7% in Fiscal Year (FY) 1989, to 16% in FY 1990-91, to 28% in FY 1992-93. In the most recently published NAWS survey from FY 2001-02, 53% of all seasonal agricultural workers admitted they were not authorized to work in the U.S. However, many experts suggest that the number may actually be closer to 75%.
Read the Fact-sheet here (http://www.immigrationpolicy.org/images/File/factcheck/Farmworkers%20Fact%20Sheet.pdf)
More... (http://www.visalawyerblog.com/2009/05/h2a_visas_facts_about_farmwork.html)
more...
LondonTown
08-11 08:58 PM
I have applied for H1B transfer and here is my situation.
H1B expiration date with ex employer was 06/10/2010 and I transferred the H1B to a new employer on 06/01/2010 and the approval came on 08/09/2010. However the approval notice says the validity date is from 08/02/2010 to 08/01/2011. It should have been 06/11/2010 because we filed this transfer before the expiration date.
We sent an inquiry but the officer was saying the application was submitted based on new employment and not continuation of previously approved employment without change with the same employer, so we will not change our decision.
What should I do? I think I was out of status from 06/11 to 08/01. Does anyone have any information?
Do you have I-94 attached to the approval notice?
H1B expiration date with ex employer was 06/10/2010 and I transferred the H1B to a new employer on 06/01/2010 and the approval came on 08/09/2010. However the approval notice says the validity date is from 08/02/2010 to 08/01/2011. It should have been 06/11/2010 because we filed this transfer before the expiration date.
We sent an inquiry but the officer was saying the application was submitted based on new employment and not continuation of previously approved employment without change with the same employer, so we will not change our decision.
What should I do? I think I was out of status from 06/11 to 08/01. Does anyone have any information?
Do you have I-94 attached to the approval notice?
chanduv23
07-01 09:32 AM
Hi All,
I just joined a new company and would like to use AC21 as I will be working on EAD. 140 is approved and 485 is pending for more than 180 days. New job is same or similar as per ONET job code.
My question is,
Is it necessary to involve your attorney or you can simply go ahead and file AC21 yourself?
I would like to what others have done? What kind of extra fees your attorney has charged for AC21?
Thanks
There is nothing called AC21 filing ie AC21 does not have a form that you fill out etc.... generally Attorneys attach the docs with a covering letter citing the AC21 clause and from what I understand, these docs may/may not get into your file.
The advantage of using an Attorney is,
(1) G28 filing - Attorney will get communication and be in position to respond or guide appropriately
(2) NOID, RFE and denials might happen and MTR may have to be filed.
Most times, issues arise when old employer withdraws the 140 petition.
USCIS needs to have a better way of handling this and avoid unnecessary tensions and errors
I just joined a new company and would like to use AC21 as I will be working on EAD. 140 is approved and 485 is pending for more than 180 days. New job is same or similar as per ONET job code.
My question is,
Is it necessary to involve your attorney or you can simply go ahead and file AC21 yourself?
I would like to what others have done? What kind of extra fees your attorney has charged for AC21?
Thanks
There is nothing called AC21 filing ie AC21 does not have a form that you fill out etc.... generally Attorneys attach the docs with a covering letter citing the AC21 clause and from what I understand, these docs may/may not get into your file.
The advantage of using an Attorney is,
(1) G28 filing - Attorney will get communication and be in position to respond or guide appropriately
(2) NOID, RFE and denials might happen and MTR may have to be filed.
Most times, issues arise when old employer withdraws the 140 petition.
USCIS needs to have a better way of handling this and avoid unnecessary tensions and errors
more...
bowbow
08-12 10:54 AM
I got GC under EB2, I'm planning to start my own business. is there any risk factors if i leave my employer right after getting GC and change the Field of intrest?
thanks
thanks
2010 Charlie Sheen Pictures
vishwak
08-03 08:41 AM
I think you get AP in out of Country when you are applying.
I'm in same boat as you couple of months of back and i canceled my trip as I got advise from Expert (Attorney) that AP's approved when out of country are not valid.
I'm in same boat as you couple of months of back and i canceled my trip as I got advise from Expert (Attorney) that AP's approved when out of country are not valid.
more...
jbjeunice
04-16 02:00 PM
Hi, I am currently on my 5th year H-1B visa. I have an option to stay with the same firm and they will help me apply greencard. But I am also considering an opportunity in Bermuda for a 2-3 year program (with the same firm).
My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?
Or will it be just another H-1B renewal process following my previous two terms?
Do I need to wait for another two terms of H-1B to expire before starting the greencard process?
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
Thanks,
E
My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?
Or will it be just another H-1B renewal process following my previous two terms?
Do I need to wait for another two terms of H-1B to expire before starting the greencard process?
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
Thanks,
E
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apriti
06-25 04:44 PM
Nope, I wasn't contacted for anything before approval.
more...
kghoshal
11-02 11:31 AM
Since we are uncertain of our job as well as status in USA,
is it really worth to save on 401K? More input will be appreciateI.
is it really worth to save on 401K? More input will be appreciateI.
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mjdup
10-16 05:08 AM
I was in a similar situation as you and had to use this firm. H1B filing experience was fine but the entire GC process and filing was not a good experience at all. There were days I had to call the paralegal and teach him the new immigration laws and that's never a good sign ! Because of their mistake I was stuck in Eb3 rather being in Eb2. May be they will deal differently with your case but have a chat with them and your company managers before you agree to use them. I m with another company and another attorney firm and they are awesome !
Anyway, pm me if you need more info. Good luck,
Anyway, pm me if you need more info. Good luck,
more...
house House size: 10000 sqft
marty
03-13 10:04 AM
My priority date is in Oct 2005 (ROW) and yesterday was the 180th day after filing my I-485 application. I need some help in deciding if I should wait for the green card with my current employer or think of changing the job using AC21. Your suggestions will be really helpful.
Thanks.
Thanks.
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rkanth12
10-07 10:06 PM
I have applied for my extension of H1B at Vermont Center. my first three years on H1b expired on Sep 8th. The application was filed on July 20th and it is normal processing. I have my H1b and H4 receipts with me, but its not yet approved. I am planning to take B1 visa appointment for my mother. Shall i send my mother to B1 stamping with H1B receipt.
Does Chennai consulate will accept H1b receipt for Visitor Visa or Shall we wait for H1b Approval? thanks in Advance....
thanks,
Sreenuk
Yes. I used for twice for two different people. No problem.
Does Chennai consulate will accept H1b receipt for Visitor Visa or Shall we wait for H1b Approval? thanks in Advance....
thanks,
Sreenuk
Yes. I used for twice for two different people. No problem.
more...
pictures Charlie Sheen#39;s New Beverly
Bpositive
07-18 09:00 PM
My I-485 is current as per Aug bulletin (dec 2004 eb2). Any suggestions on how to make sure the application is processed by IO? Anyone with prior experiences/success doing this?
dresses Charlie Sheen#39;s Beverly Hills
moonrah
07-20 11:17 PM
Hi All,
I have heard that alberta has terminated immigration program for H1B candidates, is it true? or It is still in progress? I am software engineer, am I eligible for that?
I have heard that alberta has terminated immigration program for H1B candidates, is it true? or It is still in progress? I am software engineer, am I eligible for that?
more...
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rbharol
09-08 12:06 AM
All I heard was "securing our borders" a couple of hundred times.
girlfriend Sheen#39;s Beverly Hills home
Kumar Nanada
05-07 02:30 PM
My Case Details:
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD in case if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
I currently have an H1 and have applied for 485(in July 2007, EB3 India, priority date April 2004, I-140 Approved, EAD approved). My wife also applied 485 (as beneficiary dependent) along with me and is currently working on EAD. Unfortunately my daughter was not in the country in July 2007 and due to unavoidable reasons she was not able to apply for 485 then. She came to US on H4 dependent visa and is currently studying in public school.
My H1B visa and my daughters H4 visa expires in Sept, 2010. I want to use my EAD in case if my H1B extension is not approved in Sept, 2010 and am trying to find out if there were other legal ways for me to have my daughter documented in US.
One of the option I was considering is try to get a F1 Student visa for her. My Daughter is in 10th grade currently (15 years old).
Please advice:
- What would be the best independent status for my daughter ?
- if My daughter converts to a student visa (F1), and some time later EB3 category becomes current for my priority date, then can 485 be applied for my daughter while she is in F1 status ? IN other words are there any issues of her being in non-immigrant intent F1 visa and me applying for 485 for her as my dependent ?
- Is there any limit on the number of years a person can be on F1 Visa in US ? She is currently in 10th grade and might join 11th Grade in F1 visa.
- Does she need to go out of US to change her status from H4 to F1 ?
- In case if required can I convert my EAD status back to H1B ?
Thanks in advance for your help.
Thanks,
Kumar N
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suny_saini
08-05 12:18 AM
My case cannot be processed under CSPA, because the form I-824 was not filed within one year of the visa becoming available.
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
ACC TO SUBJECT: CHILD STATUS PROTECTION ACT: ALDAC #2
REF: (A) 02 STATE 163054 (B) 02 STATE 123775
-------
If the principal applicant adjusted status in the U.S. and a derivative is applying for a visa abroad to follow-to-join, then the date on which the derivative will be considered to have sought LPR status for purposes of satisfying CSPA Section 3 will generally be the date on which the principal (acting as the derivative beneficiary's agent) filed the Form I-824 that is used to process the derivative's following to join application. Therefore, in cases involving a derivative seeking to follow to join a principal who adjusted in the U.S., the derivative can benefit from the CSPA if the principal filed a Form I-824 for the beneficiary within one year of a visa becoming available (i.e., within one year of the case becoming current or petition approval, whichever is later). The instructions to Form I-485 (the adjustment application) advise aliens adjusting status in the U.S. who have derivatives abroad to file a Form I-824 for such derivatives, and the I-485 Form indicates that that Form I-824 can be filed simultaneously with the Form I-485
(READ MORE FROM http://guangzhou.usconsulate.gov/cspa.html )
I NEED HELP AND I THINK THERE IS ALWAYS AN ALTERNATIVE OF THINGS.
IS THERE ANY OTHER WAY ANY ANY ANY WAY???
CAN THEY APPROVE IF I REQUEST THEM ?
WHAT IS the way out?
krishna_brc
02-23 08:48 PM
My wife is currently on H-1B status. Her employer has decided to close the company and cancel her H-1B effective from 2/28/09. My wife has an EAD and Advance Parole. We applied for her EAD and Advance Parole, when my company applied for my I-485 Adjustment of Status in July 2007. I wanted to know:
a) What steps are needed to move my wife from H-1B to EAD?
b) Do I also need to move from H-1B to EAD in order for my wife to use EAD?
c) Do I need to move my wife to H-4 status before she can start using her EAD?
In short I wanted to inquire, how to ensure that she is still in legal status after her H-1B is cancelled by her employer?
She will be in legal status although her H1 is cancelled.
Reason - She has file I-485 with you, so technically she is in AOS(Adjustment of Status)
When she finds a new job she will give her EAD details in the I9 form.
You dont have to do anything. You can maintain your H1.
If you convert her status to H4 then she cannot use EAD - meaning she cannot work being on H4.
hope this clears your doubts.
Thanks,
Krishna
a) What steps are needed to move my wife from H-1B to EAD?
b) Do I also need to move from H-1B to EAD in order for my wife to use EAD?
c) Do I need to move my wife to H-4 status before she can start using her EAD?
In short I wanted to inquire, how to ensure that she is still in legal status after her H-1B is cancelled by her employer?
She will be in legal status although her H1 is cancelled.
Reason - She has file I-485 with you, so technically she is in AOS(Adjustment of Status)
When she finds a new job she will give her EAD details in the I9 form.
You dont have to do anything. You can maintain your H1.
If you convert her status to H4 then she cannot use EAD - meaning she cannot work being on H4.
hope this clears your doubts.
Thanks,
Krishna
f1togc
12-18 04:59 PM
mna,
first of all i am sorry to hear that your company is not doing good..oh well we are in a recession so who isnt?
anyways, your 485 was filed last month, kind of sucks, bcos you can invoke AC21 if your 140 is approved (in your case it is), 485 >180 days, find a similar job with more or exact pay mentioned in your LCA..Use your EAD and lose your H1 status ( could be risky if your AOS is denied, then you do not have a status).
In other case, you need to find a company which can sponsor (transfer your H1) and then start your perm all over again.
Other senior posters, pls shed some light on this topic. Is AC21 safe ? what is the probabilty of getting GC through AC21 without an RFE?
Thanks
first of all i am sorry to hear that your company is not doing good..oh well we are in a recession so who isnt?
anyways, your 485 was filed last month, kind of sucks, bcos you can invoke AC21 if your 140 is approved (in your case it is), 485 >180 days, find a similar job with more or exact pay mentioned in your LCA..Use your EAD and lose your H1 status ( could be risky if your AOS is denied, then you do not have a status).
In other case, you need to find a company which can sponsor (transfer your H1) and then start your perm all over again.
Other senior posters, pls shed some light on this topic. Is AC21 safe ? what is the probabilty of getting GC through AC21 without an RFE?
Thanks
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