Sincerely_aj
03-31 09:00 AM
So it looks like I have 2 independent questions:
1. Can an H1B be transferred to a new company once the H1B holder is in their 6+ year?
2. Can one port their EB3 case to EB2 with a new employer?
After reading around in forums, the answer for question 2 seems to be Yes and with some successful examples.
What is still not clear is questions one.
Any help please?
Thank you
1. Can an H1B be transferred to a new company once the H1B holder is in their 6+ year?
2. Can one port their EB3 case to EB2 with a new employer?
After reading around in forums, the answer for question 2 seems to be Yes and with some successful examples.
What is still not clear is questions one.
Any help please?
Thank you
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rkoliparthi
08-07 09:47 PM
Hi Guys,
I have few questions.
I applied my Greencard under EB-3 Category and my labour was approved on Jul'2007. My priroity date is 25th June'2007.
Applied I140 & I485 concurrently and I140 was approved on Sep2007. Both myself and my wife got EAD's. Currently my wife is on EAD and still I am on H1-B.
Now I got another offer from fortune consulting company and I am planning to shift by using H1B transfer.
Steps to take care
Offer letter should contain same job title and same job duties. What else do I need to take care?
Some of my friends told not to submit AC21 and some of them told me to submit AC21 without fail.
Can my company withdraw my approved I140(was approved 2007) is it possible to do that?
Please let me know. I am in a very confused state weather to accept new offer or not.
Appreciate your comments.
Krishna
I have few questions.
I applied my Greencard under EB-3 Category and my labour was approved on Jul'2007. My priroity date is 25th June'2007.
Applied I140 & I485 concurrently and I140 was approved on Sep2007. Both myself and my wife got EAD's. Currently my wife is on EAD and still I am on H1-B.
Now I got another offer from fortune consulting company and I am planning to shift by using H1B transfer.
Steps to take care
Offer letter should contain same job title and same job duties. What else do I need to take care?
Some of my friends told not to submit AC21 and some of them told me to submit AC21 without fail.
Can my company withdraw my approved I140(was approved 2007) is it possible to do that?
Please let me know. I am in a very confused state weather to accept new offer or not.
Appreciate your comments.
Krishna
VJDJ
08-14 09:07 AM
Hi,
I need advice on my situation. My wife filed EB2 based 485 application through her employer and my application and my son's application were filed as derivative applications. My priority date is Dec 2005 and country of chargeability is India. My application and my son's application were approved on August 04, 2010 but my wife's application is still pending approval. It has been nearly 10 days since derivative applications were approved.
I understand that derivative applications cannot be approved without primary application getting approved first but why, then, my wife's application is still showing "initial review"?
I am confused and getting a little worried about this. Any advice will be appreciated.
Thanks.
I need advice on my situation. My wife filed EB2 based 485 application through her employer and my application and my son's application were filed as derivative applications. My priority date is Dec 2005 and country of chargeability is India. My application and my son's application were approved on August 04, 2010 but my wife's application is still pending approval. It has been nearly 10 days since derivative applications were approved.
I understand that derivative applications cannot be approved without primary application getting approved first but why, then, my wife's application is still showing "initial review"?
I am confused and getting a little worried about this. Any advice will be appreciated.
Thanks.
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xyz
06-14 07:33 PM
Interesting findings in the USCIS Ombudsman report - 2007.
http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162321
From the report:
Employment-Based (EB) Green Card Applications
(Annual Report pp. 32-37)
In FY 06, over 10,000 visas were lost because of slow processing of EB cases, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards. As of May 2007, the
State Department estimated that 40,000 EB visas may be lost in FY 07 if USCIS does not increase the
processing rate for green card applications. The Ombudsman attributes the slow rate of adjudications to inaccurate statistics and inefficient USCIS management of its workload. The problem will become significant in the coming fiscal year if there is a dramatic increase in EB green card applications, and a significant backlog is likely to develop if this problem goes unaddressed.
http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162321
From the report:
Employment-Based (EB) Green Card Applications
(Annual Report pp. 32-37)
In FY 06, over 10,000 visas were lost because of slow processing of EB cases, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards. As of May 2007, the
State Department estimated that 40,000 EB visas may be lost in FY 07 if USCIS does not increase the
processing rate for green card applications. The Ombudsman attributes the slow rate of adjudications to inaccurate statistics and inefficient USCIS management of its workload. The problem will become significant in the coming fiscal year if there is a dramatic increase in EB green card applications, and a significant backlog is likely to develop if this problem goes unaddressed.
more...
ocpmachine
03-17 09:23 PM
It costs time, stress, sleepless nights, anxiety, restlessness and some hair loss(the list could be long for others) if you get a RFE relating to AC21, these are all bonus in addition to the money you spend for filing MTR.
agaballa
01-29 02:43 PM
Here is the situation:
I-485 is pending
H1 Visa will expire on July 31, 2009 (extension is being filled now)
AP is pending for 6 months with no end in sight...
No EAD
Need to travel in end of June for a month:
my question is
Can I travel on AP when my H1 petition is pending?? (I do not expect that I will get it before I leave, it took more than 6 months last time). I read in many places that if you apply for H1 petition you cannot leave till it is approved, is that true???
Thanks
I-485 is pending
H1 Visa will expire on July 31, 2009 (extension is being filled now)
AP is pending for 6 months with no end in sight...
No EAD
Need to travel in end of June for a month:
my question is
Can I travel on AP when my H1 petition is pending?? (I do not expect that I will get it before I leave, it took more than 6 months last time). I read in many places that if you apply for H1 petition you cannot leave till it is approved, is that true???
Thanks
more...
munnu77
08-26 04:28 PM
i donno who told u this..thts is completely baseless and untrue..
if it is true , i wud never need GC..will be in EAD all my life
if it is true , i wud never need GC..will be in EAD all my life
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suriajay12
11-15 07:01 AM
Thanks Gulute.
Can somebody please help me on this.
If we have to open one more office elsewhere, do you think there are any specific requireemnts the office space must meet.
Like sq footage, cabins.. etc. Do you have any link that talks about office space wrt immigration requirements,
I am not an employer, but I got a project to look for space and this is considered important as its related to immigration requirements.
Thansk a LOT in adv.
Can somebody please help me on this.
If we have to open one more office elsewhere, do you think there are any specific requireemnts the office space must meet.
Like sq footage, cabins.. etc. Do you have any link that talks about office space wrt immigration requirements,
I am not an employer, but I got a project to look for space and this is considered important as its related to immigration requirements.
Thansk a LOT in adv.
more...
skolagotla
04-07 12:03 PM
Are there any risk factors involved in changging the job by invoking AC21 ??
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San_Chez
03-10 03:26 PM
Hello all:
First, I'd like to express my thanks to IV for taking up this cause and doing a wonderful job!
I am currently on an H1-B visa. My 6 year term expires 2/1/09. Current employer is yet to file LCA. Company lawyers have advised that any time I've spent out of the country (past & within next few months) can be used to offset the 1-yr cut off requirement for LCA application. I've been out for a total of 6 weeks to date, but would need more time, looking at an April-end LCA filing. I am now looking to change my job.
-Can I change my status to H4 until I get another job and then file for GC with new employer?
-What are current processing times for H4 if applied from within the US?
-Will I get subjected to H1 quota when changing back from H4 to H1?
-I've been told time spent on H4 is not counted for H1 term and I can apply that time (in addition to my 6 weeks) to the 1-yr limit (LCA should be filed 1 yr before 6-year H1 expiration). Is this true?
-If so, what about the time taken for H4 approval? Can I be in status after resigning & while waiting for H4 approval? Can the time taken for H4 approval be counted towards time not on an H1?
-Has anyone heard of such a situation? What are the chances of getting an extension if H1 ported to new company & LCA filed with them after joining?
Any input is greatly appreciated.
Thanks!!
First, I'd like to express my thanks to IV for taking up this cause and doing a wonderful job!
I am currently on an H1-B visa. My 6 year term expires 2/1/09. Current employer is yet to file LCA. Company lawyers have advised that any time I've spent out of the country (past & within next few months) can be used to offset the 1-yr cut off requirement for LCA application. I've been out for a total of 6 weeks to date, but would need more time, looking at an April-end LCA filing. I am now looking to change my job.
-Can I change my status to H4 until I get another job and then file for GC with new employer?
-What are current processing times for H4 if applied from within the US?
-Will I get subjected to H1 quota when changing back from H4 to H1?
-I've been told time spent on H4 is not counted for H1 term and I can apply that time (in addition to my 6 weeks) to the 1-yr limit (LCA should be filed 1 yr before 6-year H1 expiration). Is this true?
-If so, what about the time taken for H4 approval? Can I be in status after resigning & while waiting for H4 approval? Can the time taken for H4 approval be counted towards time not on an H1?
-Has anyone heard of such a situation? What are the chances of getting an extension if H1 ported to new company & LCA filed with them after joining?
Any input is greatly appreciated.
Thanks!!
more...
saketkapur
05-07 05:09 PM
They will take your I-94 at the airport in washington where you will board your flight....
In my experience my previous I-94 was issued to me on AP for one year when I had come in......they did not bother with the I-94 on my H1B.
Anyways since yours is an international flight the agent at the counter will take care of whichever they want.....just present them with both. Mostly they do not bother with the one in I-797 notice.
In my experience my previous I-94 was issued to me on AP for one year when I had come in......they did not bother with the I-94 on my H1B.
Anyways since yours is an international flight the agent at the counter will take care of whichever they want.....just present them with both. Mostly they do not bother with the one in I-797 notice.
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gcformeornot
08-09 08:33 PM
my case doesn't have checkes cashed or Receipts. I have thankfully filed with lawyers. Will vote when I get RD:)
more...
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perm2gc
12-24 06:12 PM
What are those little green squares that show up with our names when we post something?? When you hover over them you see a ToolTip message.
Are they supposed to tell us if we've been Naughty or Nice this year? :cool:
They represent reputation points.Everyone will have one at starting.As people start to add you the reputation points..The green squares will increase.Sometimes they depend on number of posts you posted in the forum.
Are they supposed to tell us if we've been Naughty or Nice this year? :cool:
They represent reputation points.Everyone will have one at starting.As people start to add you the reputation points..The green squares will increase.Sometimes they depend on number of posts you posted in the forum.
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Soltan
11-24 10:49 PM
Thanks for your reply.
In the scenario #2, do I need to go out of the country and get a valid I94? (cunsular processing) before I can start work?
In the scenario #2, do I need to go out of the country and get a valid I94? (cunsular processing) before I can start work?
more...
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pappu
05-19 12:37 PM
Arnold's Baby Mama Is Guatemalan Migrant : Barbados Gazette (http://www.barbadosgazette.com/arnold%E2%80%99s-baby-mama-is-guatemalan-migrant/)
Don't you know this baby will stop Skynet in 2035 and save mankind ?
Don't you know this baby will stop Skynet in 2035 and save mankind ?
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Anders �stberg
February 27th, 2005, 12:20 AM
You're right, it's missing something...
Chris, do you have an address to that wealthy person? :p
Chris, do you have an address to that wealthy person? :p
more...
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permfiling
01-03 01:39 AM
What is IV agenda on PP of I140 ? Efforts should be made to get PP
contributions : $500
contributions : $500
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bindas74
05-20 10:18 PM
I have a question about the Aytes memo - it says that if the name check has been pending for more than 180 days, then the 485 will be adjudicated. My question is when does the 180 day clock start? Is it on the day that the 485 application was received by the service center (going by the receipt date on the 485 notice)? Or is it the day when your PD and processing dates both become current?
Thanks,
Kunal
Neither I think( i might be wrong though ). I think the 180 days is from the day USCIS submits your case to name check.
Thanks,
Kunal
Neither I think( i might be wrong though ). I think the 180 days is from the day USCIS submits your case to name check.
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Ann Ruben
03-30 07:53 PM
A 7th year extension is still possible, but the extension petition must be filed within 180 days of the LC approval. ( per current DOlL regulations, the LC expires after 180 days). My advice would be to have company B file to amend it's petition, requesting a validity date of 12/12.
WAIT_FOR_EVER_GC
06-28 03:37 PM
Obama to Meet With Grass-Roots Groups on Immigration Reform
Roll Call:
President Barack Obama on Monday afternoon will meet with grass-roots advocates to discuss comprehensive immigration reform, the White House announced.
Election Strategy.. nothing else.
This has been happening for days now.
Take it easy policy
Roll Call:
President Barack Obama on Monday afternoon will meet with grass-roots advocates to discuss comprehensive immigration reform, the White House announced.
Election Strategy.. nothing else.
This has been happening for days now.
Take it easy policy
Max
04-22 05:35 PM
My previuos company had filed two 140. One based on old labor process and the new one on PERM. New one got approved and my 485/EAD/ AP was filed based on approved 140. After 180 days I joined new company using my EAD and AC21. My previous company then withdrew my old 140 (which was still pending). My new 140 is still approved. USCIS denied my and my family's 485 based on withdrawl of old pending 140.
What are my options to fix this mess?
I am distraught. Please help me urgently and any suggestions would be welcome...
What are my options to fix this mess?
I am distraught. Please help me urgently and any suggestions would be welcome...
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