nk2006
12-11 03:31 PM
4) Once you get 3 year H1B extension i.e. after Jan08, there are legal ways to tranfer H1B to a new company for the remaining duration but this MUST be discussed throughly with an imigration lawyer as it can be risky and very case dependent.
Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.
This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.
Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.
Let me know if my understanding is not right above.
Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.
This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.
Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.
Let me know if my understanding is not right above.
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pbojja
10-19 10:26 AM
Hello,
I had seen no issues travelling wih out receipt notice . But I got my H1 stamped till 2010 . I received my receipts yesterday and I know some one who received EADs after travelling to India with out receipts . Remember this is only my personal expereince and not sure if this is a standard .
I had seen no issues travelling wih out receipt notice . But I got my H1 stamped till 2010 . I received my receipts yesterday and I know some one who received EADs after travelling to India with out receipts . Remember this is only my personal expereince and not sure if this is a standard .
mrajatish
06-25 06:46 PM
does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.
is it true guys ??
Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?
is it true guys ??
Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?
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krishna_brc
07-28 02:49 PM
Just to let everyone know if any of you encounter the same issue -
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
I did some what similar mistake and explained the same in Cover Letter while sending the supporting documents.
Got my approvals also.
Thanks,
Krishna
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
I did some what similar mistake and explained the same in Cover Letter while sending the supporting documents.
Got my approvals also.
Thanks,
Krishna
more...
GTGC
05-05 03:49 PM
Dano and Sledge_hammer,
I am also looking for attorneys in the DC metro area to help me with AC-21 questions/process. I was looking at the obvious choices Rajiv Khanna and Murthy - but if you have any other suggestions it would be helpful.
Thanks....
I am also looking for attorneys in the DC metro area to help me with AC-21 questions/process. I was looking at the obvious choices Rajiv Khanna and Murthy - but if you have any other suggestions it would be helpful.
Thanks....
inthehole
07-20 09:08 PM
Folks,
Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
Thanks in advance.
:D
Hi Softman,
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
Mine is 2003 EB3 labor, I don�t have copy of the labor. Don�t know the job code and title, planning to switch AC21 and not sure how to get this code as i had already left the old blood sucking desi employer, any suggestions,
Thanks in advance.
:D
Hi Softman,
I am in the similar situation too. I don't have my Labor approval copy and I changed my job using AC21. Now I am trying to change my attorney since my ex employee's attorney will not talk to me and all the RFEs will still go to him unless I file a G-28 form. But all the attorneys I talked to is asking for that LCA form from my previous employer.
My question to you is are you able to find an attorney to represent you since you changed the job?..
more...
eilsoe
10-20 03:01 PM
vts: It's that simple yes! :) I just made 2 cameras and placed them just like two eyes, then rendered each camera view...
Really simple... :)
Really simple... :)
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BNB326
08-21 01:06 PM
What are the changes of getting approval by changing H1 to F1 and H4 to F1? Do i need to be in status during their review period of COS (H1to F1) or i can start scholl after filling COS.
Thanks
Thanks
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Jaime
04-09 06:37 PM
http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/
This is nothing. This is also like Biden speaking in Central America recently. Lots of noise, but Obama is moving forward
This is nothing. This is also like Biden speaking in Central America recently. Lots of noise, but Obama is moving forward
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glamzon
07-23 08:54 PM
thanks
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tinku01
07-10 02:07 PM
I am doing same thing for about one month but don't know what is happening. I talked to one travel agent in Mumbai and he is asking for Rs 3500 to get Hindi appointmnet. I don't know if people again started any trick to book appointments..
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meridiani.planum
04-02 05:53 PM
Folks,
The online status shows a different date than the receipt date my lawyer is telling me. I am july filer......the lawyer telling me july date and online shows sept date.......
Is this normal?
Thank You
thats fine. the receipt date on your I-485 receipt is the date for all your needs (AC-21 etc). The online date is many times the notice-date (in my case), the date the case was transferred to some other location (for some others)
The online status shows a different date than the receipt date my lawyer is telling me. I am july filer......the lawyer telling me july date and online shows sept date.......
Is this normal?
Thank You
thats fine. the receipt date on your I-485 receipt is the date for all your needs (AC-21 etc). The online date is many times the notice-date (in my case), the date the case was transferred to some other location (for some others)
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logiclife
02-18 02:49 PM
It will never happen here. Even if it does happen, it will still have an annual quota, which would lead to priority dates.
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buehler
03-19 08:45 PM
Since you have been given stock, I am assuming that your company is an incorporated company. That means your liability is strictly limited to the amount of money that you invested in buying the stock as long you don't do any fraud.
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smarth
07-20 02:32 PM
Hi,
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
I got appointment letter for Biometrics from USCIS. I already gave in 2007.
Why are they asking again? and I only got this, my husband and son didn't get it.
Right now I am on EAD, since last december(2009) I am not working, will there be any issues as I am the primary applicant.
Thanks
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GCHope2011
07-10 03:54 PM
If you are questioned on educational equivalence of the 3+2 year degree's parity with US' 4+2 year bachelor + masters, and your education evaluator can make a strong case for it, you should be ok.
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girishc
06-16 10:28 PM
I thought I would post on how I resolved my expired I-94 issue today. Could be of help to someone.
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
I have an I797 and corresponding H1-B visa valid until March 31st 2011.
When I last came into the US on Dec 31st 2009, the immigration officer stamped the I-94 valid until date as March 30th 2010. Essentially giving me only three months of stay.
I did not notice the problem (coming in after a long flight and being jet lagged didn't help) until yesterday when my attorney was going through my documents for some other purpose. As of yesterday I had been out of status for over 3months.
We called the CBP office at Pittsburgh Airport (where i reside) and explained the situation to them. They asked my visa validity date and passport validity date on the phone. After which I was asked to go the the CBP office and get it corrected.
Today morning I headed over there and was met with the most friendly immigration officers I have ever met. Pittsburgh rocks in that. When he heard my case, he asked me if I had presented my latest I-797 to the officer at the time of stamping. When I replied yes, he said it did not make sense why the officer stamped the date he did. He asked to see my passport and I-797 and in 10 minutes told me he would be issuing me a new I-94 with the correct stamped date as March 31st 2011.
Afterwards he mentioned that it was expired and I was lucky because some other officer could have asked me to do a reinstatement (something that apparently costs a lot of money and a lot more trouble according to him)
In my case it was a genuine mistake on the immigration officer's part, since all my documents at the time of the samping indicated a later date. IMO that was the critical factor.
However, as he advised, please be extra sure before you step away from the counter at port of entry, that all your stamps are correct.
Good luck for anyone facing this problem, if you have the valid documents the officers are most probably going to correct the mistake and not give you a hard time about it.:)
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gapala
06-03 08:31 PM
http://adoption.state.gov/country/india.html
.
This is going to help many.. thanks
.
This is going to help many.. thanks
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jamesbond007
11-12 12:12 PM
It is very simple actually. It most likely will take an hour of your time. And will not cost any $$ to you.
You go to the tester with whom your new employer has a contract; tell them you came for a new employee drug test for so and so company; they will take your ID information and if they need a code from the company; they will take your sample and send you on your way.
They will send the results to your employer over the following few days.
Obviously if you don't do any drugs, you will be OK.
In case of a (false) negative, you will get a chance to challenge.
You go to the tester with whom your new employer has a contract; tell them you came for a new employee drug test for so and so company; they will take your ID information and if they need a code from the company; they will take your sample and send you on your way.
They will send the results to your employer over the following few days.
Obviously if you don't do any drugs, you will be OK.
In case of a (false) negative, you will get a chance to challenge.
Nagireddi
06-18 10:13 PM
Hi EB3Retro,
I promise I will be with IV till we acheive all our goals.
I promise I will be with IV till we acheive all our goals.
gcformeornot
04-09 11:45 AM
to pay for PERM and 140. Employee can in no way be involved in PERM process...
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