theshiningsun
12-14 08:27 PM
hi attorneys,
i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
pls. note that I-485 is not filed, so i cannot invoke AC-21.
thx in advance,
i hv an approved I-140 thru employer A (my current employer). so i am eligible for 3 yrs H-1B extension. the I-140 was approved more than 6 months ago.
once my H-1B extn is approved for 3 yrs, i want to xfr my H-1B to employer B. in that case, if employer A revokes the I-140, then what happens to my H-1B extn? does that become null and void?
pls. note that I-485 is not filed, so i cannot invoke AC-21.
thx in advance,
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starscream
07-01 12:39 PM
Immigration - Forbes.com (http://www.forbes.com/2010/05/20/immigration-illegal-aliens-opinions-immigration-special-report_land.html?boxes=Homepagelighttop)
bostonqa
06-14 09:50 AM
correct. Which means, come September EB3-ROW is also going to get retrogressed. probably to where it is now.
Thats fine, but till they do it.
India is eligible for more then 7% of EB visa quota. correct?
as long as everything stays current they can issue 40K (arbitary number) EB visas to India. correct?
Thats fine, but till they do it.
India is eligible for more then 7% of EB visa quota. correct?
as long as everything stays current they can issue 40K (arbitary number) EB visas to India. correct?
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txh1b
04-21 12:52 AM
Are you married to a USC? If so, you have nothing to worry about. Do not travel until your GC is approved as AP is not 100% safe for people that overstayed.
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ivjobs
09-05 10:06 AM
It is better to spread the awareness about swine flu as it is projected to strike back in the end of September and peak by the end of October. Every one thinks that it is not of their concern but some one is getting affected till it contracts them. So before that happens let us spread the awareness about this deadly flu virus. In India it is still worse. People are ignorant about this and are being succumbed to death (www.Indianswineflu.com (http://www.Indianswineflu.com)) Spread the word to your near and dear about this flu and also let them take all the necessary precautions.
There is a comprehensive article in Times of India (http://timesofindia.indiatimes.com/articleshow/4875349.cms) and American CDC (http://www.cdc.gov/h1n1flu/?s_cid=h1n1Flu_outbreak_016)website has a ton of good information about the various aspects of the Flu and precautions to be taken.
There is a comprehensive article in Times of India (http://timesofindia.indiatimes.com/articleshow/4875349.cms) and American CDC (http://www.cdc.gov/h1n1flu/?s_cid=h1n1Flu_outbreak_016)website has a ton of good information about the various aspects of the Flu and precautions to be taken.
atul555
07-28 11:12 AM
You can have the new stamping done before 6 months of expiry of the current stamp in ur passport or within 1 year of it's expiry.
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roseball
08-19 09:10 AM
My employer filled EB-2 PERM for me on 12/2007.
My I-140 is approved on 07/2008.
Now I am worry about losing my job.
If this happens, maybe I will switch to NIW pathway later.
Now I wonder whether NIW can use the PD of PERM?
My attorney is not sure about this.
Anyone here succeed in this?
Thank you very much!
AFAIK, your PD can be used across any EB - 1, 2, or 3 categories and not EB- 4 and 5. So in my opinion, you should be able to port your PD.
My I-140 is approved on 07/2008.
Now I am worry about losing my job.
If this happens, maybe I will switch to NIW pathway later.
Now I wonder whether NIW can use the PD of PERM?
My attorney is not sure about this.
Anyone here succeed in this?
Thank you very much!
AFAIK, your PD can be used across any EB - 1, 2, or 3 categories and not EB- 4 and 5. So in my opinion, you should be able to port your PD.
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Desibabu
07-23 07:19 PM
I am currently on H4 and it expires in a couple of months. I have my H1 approved for 2008 quota. My husband's H1 expires on sept 2007. we are applying for I-485 next month. Do i need to apply I-765 and I-131 because as per the instructions from my attorney it says the following:
-I-765 or EAD card. If you have valid H-1B valid more than one year and will not change job, you do not need EAD.
-i-131 or Advance Parole. If you have valid H-1 or H-4 visa stamping valid more than one year of if you are Canadian citizen, you do not need AP
Please clarify me whether I-765 and I-131 is required for our case.
-I-765 or EAD card. If you have valid H-1B valid more than one year and will not change job, you do not need EAD.
-i-131 or Advance Parole. If you have valid H-1 or H-4 visa stamping valid more than one year of if you are Canadian citizen, you do not need AP
Please clarify me whether I-765 and I-131 is required for our case.
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pmandappa
10-25 11:22 AM
Not sure if I will make the category, but feel that I should consult with a good immigration attorney and explore the option. Who knows? I wish there was a category for people who were doing the work that directly improved the lot of the American people. Not-for-profit is not lucrative nor glamorous, so there should be some incentives :)
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rb_248
06-14 03:48 PM
As my attorney informed us of the dates being current - they are asking for this:
Please advise on the status of removing the residency requirement
since you can't proceed with until this is done.
what does this mean?
may be your attorney got confused you with another J1 client.
Please advise on the status of removing the residency requirement
since you can't proceed with until this is done.
what does this mean?
may be your attorney got confused you with another J1 client.
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kuppas
04-11 05:39 PM
Both I94, one you got at POE and another you got from H1 approval notice has same number. I94 attached with the H1 approval notice has expiration date and you can use it until it expires. I assume, both are valid since both has the same number except the expiration date.
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smsthss
02-19 07:43 PM
Unless you know the outcome, you never know.
Just be candid and talk to your employer. Sometimes they don't even know this as diff ppl in HR handle and interpret cases differently. I would talk to my employer.
my employer has no clue whether it can be done or not. however i posted this same Q to my attorney. i am waiting for the response from him. If anyone else have any inputs, i would appreciate it.
Just be candid and talk to your employer. Sometimes they don't even know this as diff ppl in HR handle and interpret cases differently. I would talk to my employer.
my employer has no clue whether it can be done or not. however i posted this same Q to my attorney. i am waiting for the response from him. If anyone else have any inputs, i would appreciate it.
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greensignal
12-27 02:24 PM
Can you please advise your processing center?
Mine is at Nebraska
Mine is at Nebraska
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cs.0
01-28 06:44 PM
hi,
Can I work for my current employer on H1B and also take up some part time job to work for some other employer on EAD? In doing so, are there any risks involved with respect to Green Card?. Please suggest regarding this.
thanks,
chethan
Can I work for my current employer on H1B and also take up some part time job to work for some other employer on EAD? In doing so, are there any risks involved with respect to Green Card?. Please suggest regarding this.
thanks,
chethan
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desikaalabandar
05-21 09:55 AM
Yesterday I got this e-mail from USCIS:
-----------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
--------------------------------------------------------------------------
From what I read online, I am sure I will be called for an interview at my local USCIS office. But, my case has some issues and I was worried if that would create any problems
1. I was arrested for shop lifting in year 2000, which I have mentioned in I-485 application. It was a misdemeanor.
2. My LC application had salary mentioned of 85K, but my current job has salary of 75K
Do you guys think this could create a problem during the interview? I met my lawyer and he said the salary should not be an issue.
Do you suggest taking my lawyer to the interview?
Any help is appreciated.
Thanks.
-----------------------------------------------------------------
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case Transfered to Another Office for Processing
we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
--------------------------------------------------------------------------
From what I read online, I am sure I will be called for an interview at my local USCIS office. But, my case has some issues and I was worried if that would create any problems
1. I was arrested for shop lifting in year 2000, which I have mentioned in I-485 application. It was a misdemeanor.
2. My LC application had salary mentioned of 85K, but my current job has salary of 75K
Do you guys think this could create a problem during the interview? I met my lawyer and he said the salary should not be an issue.
Do you suggest taking my lawyer to the interview?
Any help is appreciated.
Thanks.
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psaxena
08-07 05:49 PM
Hi,
I am sending the following letter to USCIS to revoke the G-28 and asking them to send the future communication directly to me. Please let me know if the letter is good to go or any changes are required. Please feel free to make changes to it if required.
Thanks in advance.
Sample Letter
-------------------------------------------------------------------------------------------------
From:
Name
A#xxx-xxx-xxx
DOB xx/xx/xxxx
I-485 Receipt #xxx-xx-xxx-xxxxx
To USCIS
Service Centre
P.O.BOX 82521
LINCOLN NE 68501-2521
RE: Request to revoke the Form G28 sent by attorney with I-485 form
receipt # xxx-xx-xxx-xxxxx
Dear Sir/Madam
I have pending I-485 receipt number xxx-xx-xxx-xxxxx with your service center.
My attorney no more represents me and I request you to revoke the form G28, sent by my attorney while filing I-485 application.
In future any communication from USCIS should be sent to me directly to my home address.
Sincerely
_________________
name
Address
----------------------------
xxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
----------------------------
I am sending the following letter to USCIS to revoke the G-28 and asking them to send the future communication directly to me. Please let me know if the letter is good to go or any changes are required. Please feel free to make changes to it if required.
Thanks in advance.
Sample Letter
-------------------------------------------------------------------------------------------------
From:
Name
A#xxx-xxx-xxx
DOB xx/xx/xxxx
I-485 Receipt #xxx-xx-xxx-xxxxx
To USCIS
Service Centre
P.O.BOX 82521
LINCOLN NE 68501-2521
RE: Request to revoke the Form G28 sent by attorney with I-485 form
receipt # xxx-xx-xxx-xxxxx
Dear Sir/Madam
I have pending I-485 receipt number xxx-xx-xxx-xxxxx with your service center.
My attorney no more represents me and I request you to revoke the form G28, sent by my attorney while filing I-485 application.
In future any communication from USCIS should be sent to me directly to my home address.
Sincerely
_________________
name
Address
----------------------------
xxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
----------------------------
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vetH1B
11-28 09:50 AM
Thank you so much for your input .Right now I'm in a kind of predicament that my current employer told me in the middle of premium processing that he was hiring another person in my place.Then, when I spoke with my attorney he said we couldn't do anything in the middle of the process but to go ahead with it.I was approved for H1B 3 days after this incident.But, I have never worked for them since then and it's been a month trying to find another non-profit employer.So, in the midst of all this scenario, what would be the next alternative to be in the USA, how long I can be like this , I dont have a single pay stub, so can I show a reason that I was sick /or leave of absence when I find another job and include this kind of document with the peition or can do nothing for this period of time in the new petition.Could anybody please help me and Thanks in advance.
VetH1B
VetH1B
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Ramba
07-27 05:29 PM
~~~
The answer should be "yes". The job should be offered to foreign national for processing his/her PERM or GC. However, the job can be accepted by FN, only after USCIS authorization. That authorization can be either H1 or EAD or GC itself. In other words, you can accept the job even after getting GC; however, in order to process your GC, there should be always a job offer for you from sponser right from begining(PERM LC).
The answer should be "yes". The job should be offered to foreign national for processing his/her PERM or GC. However, the job can be accepted by FN, only after USCIS authorization. That authorization can be either H1 or EAD or GC itself. In other words, you can accept the job even after getting GC; however, in order to process your GC, there should be always a job offer for you from sponser right from begining(PERM LC).
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reachinus
03-14 06:56 PM
No it cannot be used as its already expired. You will need a new employer for filing a new h1.
VJDJ
08-15 12:02 PM
Thank you Anne for your reply.
My wife did call the National Customer Service Center and opened a service request too. But we have not heard anything yet. We tried getting an infopass appointment but none is available in our area. We will try it again tomorrow. I am kind of surprised how this can happen because in the USCIS database, approval of derivative application requires a check on primary application approval first. This is what I have been told by another lawyer.
Thank you for your input.
Most likely, a clerical mistake of some kind was made. Your wife should call the National Customer Service Center to start the inquiry process.
My wife did call the National Customer Service Center and opened a service request too. But we have not heard anything yet. We tried getting an infopass appointment but none is available in our area. We will try it again tomorrow. I am kind of surprised how this can happen because in the USCIS database, approval of derivative application requires a check on primary application approval first. This is what I have been told by another lawyer.
Thank you for your input.
Most likely, a clerical mistake of some kind was made. Your wife should call the National Customer Service Center to start the inquiry process.
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05-22 10:20 PM
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