addsf345
01-01 02:11 PM
Guys,
Happy New Year for everyone in this forum....
Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...
I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....
I will talk to lawyer soon on this and let u know but any insight is helpful from you all..
Thank you
Sree
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
Happy New Year for everyone in this forum....
Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...
I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....
I will talk to lawyer soon on this and let u know but any insight is helpful from you all..
Thank you
Sree
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
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anzerraja
07-20 03:17 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
anjans
07-10 08:15 PM
Jvordar, the new company has agreed to file for H1 transfer based on reciept #. My H1 is valid till 07-15-08, so on 07-15, new employer will file for transfer.I plan to give my current employer notice on 7-15 also. In case my current employer decides to revoke I-140 , will my H1 from the new employer be rejected. My new employer is filing regular processing, and it takes 2 months...so if I-140 has been nullified by then, can USCIS reject the H1b 3 yr extension and transfer?
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JazzByTheBay
05-30 02:08 AM
While doing some ad-hoc research after watching Valkyrie, I discovered this interesting bit of U.S. immigration history and couldn't help but be amazed how nobody seems to know or talk about United States v. Bhagat Singh Thind (http://en.wikipedia.org/wiki/United_States_v._Bhagat_Singh_Thind).
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
The Luce-Celler Act of 1946 (http://en.wikipedia.org/wiki/Luce-Celler_Act_of_1946) was proposed by Republican Clare Booth Luce and Democrat Emanuel Celler in 1943 and signed into being by President Harry Truman on July 2, 1946, granting naturalization rights to Indian Americans (and Filipino Americans) and re-established immigration from India (and the Philippines).
Food for thought...
jazz
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GCHPLC
10-19 01:09 PM
I am from Long Island. I am a name check victim. What can we do? Where and when can we gather?
saimrathi
07-10 09:45 AM
I heard once you get your GC, you have to stay 6 months in US?
thats correct , india is booming right now and it will only go up
So i think that even if we succeed in getting the green card , we should always have one option to going back.
thats correct , india is booming right now and it will only go up
So i think that even if we succeed in getting the green card , we should always have one option to going back.
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st4rguitar
04-06 01:46 PM
I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.
There is any body that faced a similar situation, Please advised�. what to do!!!!
Thank u.
First of all if you are the employee for whom the case has been filed, you should NOT be contacting the Dept. of Labor. The purpose of the DOL as stated in the regs is to notify the USCIS that there are no able, willing, or qualified US workers for the position, and that's why they are granting you the position. If you call, especially over and over as you have indicated, that's a big red flag. Leave it alone and let your attorney or employer contact them.
As bluntly as Endless put it, he is correct in what he's saying. You should not be contacting them.
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msekhargc
06-21 11:41 AM
Thanks for your response
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
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LostInGCProcess
11-05 04:39 PM
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
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surabhi
08-15 08:33 AM
I think it can actually create huge heartburn. This is not intended to allow filing I-485 before PD is available. Rather it is to introduce one more hoop to jump over. Now I-485 will be "By invitation" after you successfully complete pre-screen.
Picture this. your I-140 is approved. YOu fill the pre-screen registration. They are supposed to do backgrond, EVL, name check etc etc... During all of this, you did not actually file I-485. Suddenly your PD becomes current becuase DOS has moved dates forward so as not to waste Visas. Still you cannot file I-485 because your pre-screen is not complete.
Basically their processing bottleneck will be shifted to pre-screen and potentially take away the interim benefits of EAD and AP even if they would be otherwise qualified to file for 485.
Picture this. your I-140 is approved. YOu fill the pre-screen registration. They are supposed to do backgrond, EVL, name check etc etc... During all of this, you did not actually file I-485. Suddenly your PD becomes current becuase DOS has moved dates forward so as not to waste Visas. Still you cannot file I-485 because your pre-screen is not complete.
Basically their processing bottleneck will be shifted to pre-screen and potentially take away the interim benefits of EAD and AP even if they would be otherwise qualified to file for 485.
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rkrit07
07-17 05:42 PM
Yep We Nailed Them, Hatsoff To Iv, Aila, Whoever Ar Einvobed, Including Protesotrs, And My 10000000000000000000000000000000000000000000000000 000000000000000000 Cheers To The Great Gandhi, Whose Way Is Still The Best Way To Achieve Anything
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enqueued
12-18 12:53 PM
amsgc is right on all answers. For #3, you need a copy of I-129 as well
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ChangingJobs
06-29 10:27 PM
Here is my situation:
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
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munshiviral
10-26 02:55 PM
Hi Guys,
Thanks for the feedback. Still I am little bit confused so here are my very specific questions.
1. Can I work for a US firm which has office in India while staying in India?
2. I asked about EAD because I thought that I am still employed with US firm the only difference is that my work location is India and not US. I still get pain in US salary, in that case do i need EAD? Can my GC process continue without me visiting US now and then?
3. Can I still renew my AP/EAD while i am out of US working for US firm and getting paid in US salary but work location in India?
Thanks,
Mickey
Thanks for the feedback. Still I am little bit confused so here are my very specific questions.
1. Can I work for a US firm which has office in India while staying in India?
2. I asked about EAD because I thought that I am still employed with US firm the only difference is that my work location is India and not US. I still get pain in US salary, in that case do i need EAD? Can my GC process continue without me visiting US now and then?
3. Can I still renew my AP/EAD while i am out of US working for US firm and getting paid in US salary but work location in India?
Thanks,
Mickey
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vbkris77
07-20 01:12 PM
Take a screenshot and attach it quickly..
This needs to be checked... It is illegal. They have crossed the line very clearly..
Look at this Job posting in the craigslist.
No Indian: Automation and Manual QA Test Engineer / Analyst Needed (http://orangecounty.craigslist.org/sof/1820098499.html)
Is it legal to discriminate against certain group like the job poster did in his post.
I am also quoting the text inline, just in case the posting expires:
"No Indian: Automation and Manual QA Test Engineer / Analyst Needed (Irvine)
--------------------------------------------------------------------------------
Date: 2010-06-30, 7:45PM PDT
Reply to: job-zvxts-1820098499@craigslist.org [Errors when replying to ads?]
--------------------------------------------------------------------------------
Yeh right pIease do not respod if you an Indian no disrespect but we have had bad experience with Indian decent people due to fake resumes and no experties.
I am currently looking for very strong QA Automation expert (Mercury QTP / Quality Center). Also I am looking for manual / automation tester as well. It's a long term contract please respond if you meet the following criteria. If you are not an expert in QTP for the second position but have the right attitude to learn, we are interested in hearing from you as well. As I mentioned it's a long term contract and the rate for both positions are open and also based on your experience. you must be able to come for in person interview with very short notice and please do not apply if you are out of state or out of OC, LA or SD area.
QTP Expert:
Must have hands on experience in creating automated test scripts
Must know how to create scripts without record / play back
Must know how to create automation frameworks and what are the different types
Must have experience with QTP and Quality Center
Must be able to work with complex design
Experience with large scale application frame work
Must have QA manual testing experience and be able to identfy what should be automated
Must be able to work under tight deadlines
Must be able to work with minimum supervision
Must be able to start right away
Manual / Automation QA Engineer
You must be able to work as manual and automation fashion
Must have experience with Mercury Quality Center and QTP
Experience working in large scale applications
Good analytical skills
Don't forget personality and attitude is the key
"
This needs to be checked... It is illegal. They have crossed the line very clearly..
Look at this Job posting in the craigslist.
No Indian: Automation and Manual QA Test Engineer / Analyst Needed (http://orangecounty.craigslist.org/sof/1820098499.html)
Is it legal to discriminate against certain group like the job poster did in his post.
I am also quoting the text inline, just in case the posting expires:
"No Indian: Automation and Manual QA Test Engineer / Analyst Needed (Irvine)
--------------------------------------------------------------------------------
Date: 2010-06-30, 7:45PM PDT
Reply to: job-zvxts-1820098499@craigslist.org [Errors when replying to ads?]
--------------------------------------------------------------------------------
Yeh right pIease do not respod if you an Indian no disrespect but we have had bad experience with Indian decent people due to fake resumes and no experties.
I am currently looking for very strong QA Automation expert (Mercury QTP / Quality Center). Also I am looking for manual / automation tester as well. It's a long term contract please respond if you meet the following criteria. If you are not an expert in QTP for the second position but have the right attitude to learn, we are interested in hearing from you as well. As I mentioned it's a long term contract and the rate for both positions are open and also based on your experience. you must be able to come for in person interview with very short notice and please do not apply if you are out of state or out of OC, LA or SD area.
QTP Expert:
Must have hands on experience in creating automated test scripts
Must know how to create scripts without record / play back
Must know how to create automation frameworks and what are the different types
Must have experience with QTP and Quality Center
Must be able to work with complex design
Experience with large scale application frame work
Must have QA manual testing experience and be able to identfy what should be automated
Must be able to work under tight deadlines
Must be able to work with minimum supervision
Must be able to start right away
Manual / Automation QA Engineer
You must be able to work as manual and automation fashion
Must have experience with Mercury Quality Center and QTP
Experience working in large scale applications
Good analytical skills
Don't forget personality and attitude is the key
"
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techbuyer77
06-12 08:21 PM
my lawyer said it was ok as long as I go back to work for them uon approval. GC is for future job, not current, according to USCIS Director memo.
The problem is my previous employer is not doing well due to economy :(
so I might not have a job upon approval
Please do not imply I am doing something illegal, because it is not that way.
The problem is my previous employer is not doing well due to economy :(
so I might not have a job upon approval
Please do not imply I am doing something illegal, because it is not that way.
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gaz
11-18 01:57 PM
Contributed $100 to IV.
Reciept #87H393384E9981342
Reciept #87H393384E9981342
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kshitijnt
12-02 06:29 PM
When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
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kprgroup
02-01 11:33 AM
Update on H1B Extension
Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.
Thanks Ann
KPR
Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.
Thanks Ann
KPR
supers789
09-01 08:40 AM
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
Please reply its kind of urgent for me.
Thanks.
bang
11-18 01:16 AM
Do we need to go back and renew again after obtaining the new EAD ?
Yep - got mine 2 months back. Docs to carry
- Original social security card.
- Original EAD card
- The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
- Passport and I-94 (They did not check this) I took it just in case
- Cash - 25$
You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.
Let me know if you need further details.
Yep - got mine 2 months back. Docs to carry
- Original social security card.
- Original EAD card
- The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
- Passport and I-94 (They did not check this) I took it just in case
- Cash - 25$
You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.
Let me know if you need further details.
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