vselvam
05-17 03:43 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
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exploitedone2008
03-13 09:59 PM
what is Freedom of Information Act and how can it help him
HV000
02-22 10:22 PM
I just watched it and its about the citizenship wait!! They talked 500,000 legal latinos not able to vote during this election.
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GCDeramzz
06-21 10:34 PM
when you are applying for I140 - You may get RFE due to the fact that your education is not matching (equivalent to) 4 years. So it is better to show the education as 4 years ie..if you have some other degrees/diplomas along with your 3 years degree. this has to be mentioned in box#15.
Hope I am clear.
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I have acquired the above IQ from forums :-)
Hope I am clear.
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I have acquired the above IQ from forums :-)
more...
H1bslave
01-04 09:33 AM
I PMed you the insurances I have for my business.
Hello,
I have just registered my company and would like to know what business insurance i would need to do software consulting. Can anyone please help me out.
thanks
Hello,
I have just registered my company and would like to know what business insurance i would need to do software consulting. Can anyone please help me out.
thanks
ssdtm
11-20 01:06 PM
>>>>>>2 H1 is possible as long as the hours you propose are within justification.
Is the hour in each important or the minimum wage. I believe it is the mimimum wage that counts.
>>>>>>>Likewise applying for greencard from 2 places of your work may get you an RFE asking for your true intention to work full time for a employer
The greencard is only from the first H1. In fact I have already filed I-485 on basis of my employment with this co.
Is the hour in each important or the minimum wage. I believe it is the mimimum wage that counts.
>>>>>>>Likewise applying for greencard from 2 places of your work may get you an RFE asking for your true intention to work full time for a employer
The greencard is only from the first H1. In fact I have already filed I-485 on basis of my employment with this co.
more...
sachin1234
02-08 07:17 PM
Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
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sundar99
05-01 03:48 PM
Folks,
CNN - and Media Coverage of Immigration
Wanted to suggest..today they are showing a wide variety of perspectives on Immigration problem. I have seen in the recent past on one such programs they invite people to call and express their views.
Perhaps it is time for folks to dial the 1-800 number and speak up on the retrogession issues, backlog inefficencies, eb2, eb3 being stuck for china, india, inabitliy of spouses to work and request for lengthier h1 extensions, asking for GC for those who are here for more than 5 years etc...
The views will be aired in public and I am pretty sure all the politicians will be watching with interest, they will also hear the difference bet Legals and Illegals and also the problems faced by legal immigrants - First Hand.
Perhaps it may be a worthwhile idea to discuss what to talk !
CNN - and Media Coverage of Immigration
Wanted to suggest..today they are showing a wide variety of perspectives on Immigration problem. I have seen in the recent past on one such programs they invite people to call and express their views.
Perhaps it is time for folks to dial the 1-800 number and speak up on the retrogession issues, backlog inefficencies, eb2, eb3 being stuck for china, india, inabitliy of spouses to work and request for lengthier h1 extensions, asking for GC for those who are here for more than 5 years etc...
The views will be aired in public and I am pretty sure all the politicians will be watching with interest, they will also hear the difference bet Legals and Illegals and also the problems faced by legal immigrants - First Hand.
Perhaps it may be a worthwhile idea to discuss what to talk !
more...
Rajwaitingon140
09-21 04:51 PM
I'm in the same boat.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
When did you filed your I-140
Thank you
RajWaitingon140
I-140 applied in month of DEC'2006 and Still Waiting.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
When did you filed your I-140
Thank you
RajWaitingon140
I-140 applied in month of DEC'2006 and Still Waiting.
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chanduv23
03-31 06:58 PM
It will be great of someone can record and post it on youtube.
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Becks
02-08 11:48 AM
I think any non-H1 (including H4) stay wont count. You will have full 6 yrs on H1 visa.
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
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memyselfandus
07-27 12:08 AM
You will receive the receipit with-in 3 months or at worst in 6 months and then the medical report.
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santa123
06-18 07:37 AM
I need to clarify if you are working for employer A for say BS+7 yrs and want to apply GC through Employer A then the 7 yrs exp is not counted against experience ( very rare cases it can be considered if the new position is completely different)
IF you are processing your GC for future employment with say Employer B then the 7 yrs is counted.
Did that clarify your doubt
Thanks for the clarification.
IF you are processing your GC for future employment with say Employer B then the 7 yrs is counted.
Did that clarify your doubt
Thanks for the clarification.
more...
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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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ski_dude12
10-21 07:55 PM
Congrats!!! Enjoy the green
Got the CPO e-mails a short while ago. Its been a long wait (came to US in 1998) but ends well :)
Best of luck with all who are still waiting to be greened!!
Got the CPO e-mails a short while ago. Its been a long wait (came to US in 1998) but ends well :)
Best of luck with all who are still waiting to be greened!!
more...
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r_mistry
07-23 09:29 AM
Hello Everybody,
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
This is my story,
1 - Came to US on B2 (visit visa) in October, 1999. My legal stay way valid till April, 2000
2- Found an employer and in March, 2000 filed for H1B/extension of stay. Lawyer at the time told me that since we filed H1 i don't need to file any other extension of stay
3- August, 2000 received approval notice of my H1 but approval notice mentioned start date of October, 2000 rather than March, 2000 as requested in the petition and approval notice did not have the I-94 card attached with it meaning they did not change my status. Appealed the decision and got some feedback from USCIS that they will look into this. Started working for the company in October, 2000. In January, 2001 Company received another notification from USCIS but I was never provided the copy so not sure what was the decision and was told all is fine but never provided the final approval notice. When i checked case status back in January 2001 it said case approved and approval notice sent. However when I check online case status now I see following,
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On September 7, 2001, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
4 - In 2002 transferred my H1 to new company and got the approval with new I-94 card without any issues.
5- In 2004 transferred my H1 to another company without any issues and I�m with that company since then. They filed my labor, I-140 which has been approved and now ready to file I-485. Lawyer of this company wants to attach the approval notice of my first H1 from 2000 with I-94 card attached to it showing proof of my change of status which i don't have. I have approval notice without I-94 card from 2000.
6- I also left the country in 2006 and went to Canada for two weeks and then came back in the same month without any issues.
Current lawyer is fling I-485 without my first approval notice from 2000. Do you think this would cause issues or generate RFE for I-485? I heard that once you leave the country and re-enter legally all previous status issues if any are put to rest, I left the country in July 2006 and re-enter in the same month?
Please provide your input on my case...many thanks!!!
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caydee
07-01 07:35 PM
for 482 the 2 checks of 325 and 70 and one check of 180$ for I765 should be payble to 'Department of Homeland Security', or 'United States Citizenship and Immigration Service'
The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .
Please suggest and sorry if this si a repost. I could not find a exact answer.
Thanks
-M:confused:
Why 2 checks for I-485? My attorney advised 1 check for $395! And I was asked to issue the check favouring U.S. Citizenship and Immigration Service.
The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .
Please suggest and sorry if this si a repost. I could not find a exact answer.
Thanks
-M:confused:
Why 2 checks for I-485? My attorney advised 1 check for $395! And I was asked to issue the check favouring U.S. Citizenship and Immigration Service.
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dupedinjuly
07-23 03:37 PM
That applies for you primary I-485 applicant. For derrivative applicant your spouse, she can use EAD for any job description. It need not match her job description.
Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
seeking_GC
05-15 08:01 PM
This is great news- has it already been introduced in the house? What are the next steps?
lskreddy
01-13 12:25 AM
I know of a friend who had his grand parents visit him recently and they had no trouble. When asked, I was told they mentioned they wanted to take a trip to see their grandson while they could. All the best.
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