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NikNikon

August 14th, 2006, 11:01 PM

D15, you may find some useful info in this thread as well: http://www.dphoto.us/forum/showthread.php?t=5886

Problem with H1 Employer [Archive] - Immigration Voice

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Widget

03-27 12:31 PM

Do you have a list and contact numbers of these attorneys? how much do they charge?

Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.

If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.

You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.

There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.

Regards

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bbenhill

03-11 12:32 PM

Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)

her pregnancy is sometime around 6 months now and they will need insurance..

Thx for your help :)

* Coming as H4 --> So, assuming to join a H1 or equivalent.
* Spouse must be covered by his employer.
* As soon as she arrives, she can be included in his insurance (most insurances allow open window throughout the year for new arrivals into the country)
* Pregnancy is NOT as pre-existing condition in group insurances. It is LAW.

Relax.

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mali03

05-25 07:50 AM

Fax sent!

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ssingh92

01-03 11:33 AM

I asked a question regarding use of AP and received following response from Embassy of Belgium.

Dear,
As an Indian citizen you do not need a transit visa IF you are only making an airport transit (in other words, if you stay in the airport terminal and you do not have to re-check your luggage in Brussels ). Please contact your airline to make sure your luggage goes directly to your main destination.
Sincerely,
Marijke Janssens

Also Confirmed with JetAirWays NY. They said that the plane stops for 2Hr for security check and there is no check out/in. So I dont need transit visa.

I booked my ticket in JetAirWays (better than Air India).

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Imigrait

02-05 01:06 PM

From your description it looks like you are moving to a new company.

I know someone who got 140 approved with MS+1. Were you a test engineer or a "Software Engineer in Test". In companies like Msft, Google and a few others the "Software Engineer in Test" people write more code than the Developers. In those cases, they can say that they did code development. I'm not sure if that would apply to your case.

Also, in big companies(at least in mine) and I know at least one more, they do not give the job description when you talk to HR for a letter. They give a letter saying Mr/Ms xx worked in our company from date x to date x. That's it. So the question is in those cases how to get a job description letter. I have heard people getting letters from colleagues certifying their work experiences. So if you have a colleague who can certify the coding you did and if your company does not give the job description but only your period of work, you can combine the two letters and apply for EB2.

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GC4US

08-29 01:05 PM

Actually it was before July 30 that you could send it to either service center, but like I said earlier, with all the internal transfering that's going on, hopefully you'll be ok.

I found this link, please see and tell me what is your interpretation:

http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

The effective date of the �Direct Filing� instructions for all of forms I-129F, I-131, I-140, I-360, I-485,
I-765 and I-907 is July 30, 2007, and coincides with the effective date of the fee increase for all immigration benefit applications and petitions. During the first 30 days of �Direct Filing� (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.
Effective July 30, 2007.

Please share your opinion about this....I really want to make sure that I'm safe.
Thanks in advance.

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gveerab

12-29 08:38 PM

3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney

You should try this option, in one of the immigration lawyer's forum they mentioned about this. If you have this you can get 3 yrs extension, that saves lot of moeny and time. It's worth exploring this option. Please share with us, if you are able to succed with this option.

u can use G-639 i.e. FOIA (DOJ) to get a copy of the approved I-140, Labor.etc. I do not know of anyone thats used a I-824.....cos sometimes USCIS also mails a copy of I-140 to the lawyer as well!

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waiting4gc

07-18 03:06 PM

As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

Make sure you file your 140 in the regular channels and it should take some time to get approved.

Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

Hello guys,

First of all thank you very much for your answers in advance.

I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

So, here are my questions:

Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

I am not planning to change my job. So, would my I-140 have an expiration date?

Do you have any other suggestions? Thank you!

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Berkeleybee

05-31 01:31 PM

Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.

Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)

But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.

What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.

best,
Berkeleybee

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eastindia

04-20 08:59 AM

I am contacting them and will march with them. If undocumented get a bill, our bill will come automatically. We should be supporting them. If we support them they will also support us. With their support we can get our bill. If we try to do a rally for ourselves the so called educated people on H1B and EAD will not come. They will rather spend time driving in their nice car to Disney or eat out in a fancy restaurant. So I believe we need to side with undocumented and help them to help ourselves.

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WeShallOvercome

08-03 12:12 PM

So my status doesnt change until my I 485 is approved- any idea how long that will take? My H 1B expires in Nov of 2007 should I get an extension? Thank you for your replies- Lisa

After you file your I-485, your status changes to 'Adjustment of status' or 'Adjustee'.

On this status you have 2 options to be able to work:
1) Use EAD, in that case you lose your H1-B status and if your I-485 is denied for any reason, you fall out of status immediately.
Please note that if you use EAD, you HAVE TO use AP for travel.

2) Continue using and extending your H1-B until your I-485 is approved and your status is adjusted to 'Permanent resident'.

You can switch from H1-B to EAD anytime, but there are limitations on whether you can easily switch back from EAD to H1-B.

Good luck

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indiandude

10-19 04:22 PM

Hi,

Can anyone share experience applied for PIO at CGI Houston ? I am planning to apply for PIO for my son. Can you please suggest what are the documents needed ?

Thanks !

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rolrblade

02-28 07:28 AM

what is your PD, catagory and country please?

What does his PD, category and country have to do with anything in his question?

Anyways, what I believe is happening is USCIS wants to make sure of your continued legal status in the country and also to make sure that there are no SIGNIFICANT gaps in status.

Haing said that I believe that your attorney is correct, in that if you filed extension before expiry of the H1 you should be fine. The Pearsons memo also states "a reasonable time" for you to find another job, so your 20 days should be just fine.

Just make sure your attroney writes a good response back and not just sends the I-797's.

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sk.aggarwal

05-20 12:11 PM

I think you can apply for H1 before 12 months but requested start date in LCA should be 12 months from the day you last left US

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fromnaija

10-01 07:26 PM

Exactly my point. I could not read those numbers correctly and got a shocker until I received the receipts in the mail.

My cheques got encashed last week ...I have the receipt numbers from the back of the chq...have not yet received the physical receipt notices yet...

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looneytunezez

04-23 04:44 PM

You have 10 days times after moving into new apartment. See the first line in below application

http://www.uscis.gov/files/form/ar-11.pdf

I understand the 10-day rule, but when does the clock start?
The date of lease starting or the date of actual move.....ideally these shouldnt be too far apart, but in my case they will be, hence the confusion.

LT

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stillhowlong

01-17 02:57 PM

Yes Interfiling is just for that, no matter how the labor cert was used, when that EB3 I140 was approved it was all valid. Now you are only porting the PD from that approved EB3 I140.

If you are to file I485, have your attorney write up a letter explaining how you are eligible for filing I-485 based on interfiling your EB2 I-140. Also the letter need to be in bright colored sheet to differentiate from other B/W docs and application.

Now a days USCIS automatically approves I-485 based on the earlier PD. Since in your case you don't have a I-485 you are not being benefited by it. I have read in IV that people getting GC based on their previous EB3 I-140 PD(with PD being current), if they happen to have another EB2 I-140.

Good luck
Raj:)

Thanks RaviENK. Let me put my exact case details here. I have EB3 I140 approved with my current employer with the priority date March 2005. For some reason we did not file the I485. Now I am looking for the new employer who can file my labor and I140 in EB2 category while I am still working for the current employer. Once the EB2 I140 is approved, I can switch to my new employer. My question is as follows
1. If for some reason, the porting was not done from eb3 to eb2 and new I140 is approved, will I be able to file I485 with the new employer?
Thanks
SHL

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frostrated

10-23 01:38 PM

I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.

Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.

If I file the AR-11 now. couple of questions.

1. For the A# in the form, Should I leave it blank?

2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.

Please help...Thank you in advance.
as long as the USCIS has your latest address on file, you are fine. No action needed. But if you current address is different from the one on your 485, then you will need to send in an AR11. The card will be sent to the address on the application, and the postoffice will not forward the card if it goes to an old address, but send it back to USCIS.

mariano

07-29 03:54 AM

Hi!

My employer has changed the conditions of my employment since we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?

Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?

Please advise. Thank you!

Hi!

My employer has changed the conditions of my employment after we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?

Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?

Please advise. Thank you!

h1techSlave

02-02 10:35 AM

we must always have a current and valid AP even if we have no plans of travel.

Last year we were thinking that "1) I'm not planning on going anywhere after / atleast for a year.". Then one of our parents had an accident and we could not go, because there was no valid AP.

I guess, we can not take any chance on AP or EAD. Apply prior to the 120th day of expiry.

Thanks MC thats a valid Point.

There are 2 reasons that I thought of for not applying / renewing.

1) I'm not planning on going anywhere after / atleast for a year.

2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

Appreciate your time.

Regards
Karthik

tauigess

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