saddaypally
09-30 10:34 PM
Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.
Thanks,
Shravan
Thanks,
Shravan
bayarea07
03-20 05:44 PM
Well, if you go according to the Lawyer of this forum with which guys had a conference call (you can hear the recording thats on the home page of this site)
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
Then its advisable to apply in EB3 category and her reasoning was that with her experience she has seen lots of EB2 application in the past few years and very less EB3 apps and hence chances of EB3 being processed earlier than EB2 are quiet high.
I needed some advice on this situation I've found myself in.
I have a PERM application filed with my current employer (EB2, Oct 2007). Like most EB2 apps, mine is under a business necessity audit and we have filed an audit response for it. My lawyers are pretty sure that we will clear the audit. Guessing from , the response may be 2-3 months away.
Now I have a second offer from another company. Everything about the job and company is better than my current, but the legal team at this second company says that they will only file in EB3 (even though the job requirement says Bachelors + 8 yrs). They say that they have other EB2 audits going on and have made it a policy to only do EB3 going forward.
I'm on the 5th year of my H1 (don't ask, had a PD of 2005, caught up in BEC and got laid off last May, refiled Oct 07 with the current employer) and this probably will be the last chance for me to change jobs before I cool my heels and wait for the repercussions of the July Fiasco to be over with.
I can't decide on weather to keep my existing EB2 job or take the new offer and step down to EB3.
Please help!
a_yaja
10-09 07:43 PM
Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.
I had the same experience. However, my POE was Miami. No questions asked. My spouse and I just waited (with our USC daughter) in secondary inspection till they called my name and handed over our papers to me.
martinvisalaw
08-17 07:22 PM
It seems as per the new DOL Requirements two notices has to be posted at two locations ( One at Employers office and one at the client location. U.S. Department of Labor (DOL) regulations requires that a Posting Notice be posted within your organization in two conspicuous locations for 10 consecutive business days)
As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..
The DOL requirements are not new, it's just that the method for filing the LCA is new. The employer has always needed to post the LCA, including salary information. This is not optional, so if the employer refuses, there can be no H-1B.
As this H1-B posting info might contain the salary details etc. What happens if the client policies doesn't allow posting such notices ?? so what other options are available in such a case..
The DOL requirements are not new, it's just that the method for filing the LCA is new. The employer has always needed to post the LCA, including salary information. This is not optional, so if the employer refuses, there can be no H-1B.
more...
eb3retro
10-22 10:46 PM
I agree with you. EB2 filers should not have any problem after USCIS solves all this receipting mess. Any one who filed in June and is already approved must have been pre-adjudicated, which means both name check and finger printing must have happened before the new fiscal year began. Anyway, from our perspective and not USCIS'S, EB3 has a long way to go.
My details:
PD= 03/2005
I-140: Approved
RD: June 26, 2007
FP: Sept.8, 2007
EAD: approved in 44 days
dream on...
My details:
PD= 03/2005
I-140: Approved
RD: June 26, 2007
FP: Sept.8, 2007
EAD: approved in 44 days
dream on...
harivenkat
05-05 01:29 PM
I'm currently on h1b, with PERM approved and I-140 filing in progress.
At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?
I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?
i am not lawyer but i think you can sell apps.... infact you can incorporate a company with 100% ownership in the US while living outside US also... the only thing in that situation you would need is to appoint a representative who can take care of handling mails, filing taxes.
If such a thing can be done outside USA and non-US citizens own companies and run business from outside then why not you who is within US ?
At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?
I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?
i am not lawyer but i think you can sell apps.... infact you can incorporate a company with 100% ownership in the US while living outside US also... the only thing in that situation you would need is to appoint a representative who can take care of handling mails, filing taxes.
If such a thing can be done outside USA and non-US citizens own companies and run business from outside then why not you who is within US ?
more...
vxg
08-15 01:24 PM
I would say it is still a good sign as it tells that someone is at least looking at your case instead of your case being in a basement in a box.
I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
I had this discussion with my lawyer. This lawywer has been touch with USCIS very closely and understand the process and how the system works (to the best possible for an outsider) and here is what has to say about LUD.
************************
Most I-485 will be adjudicated without any LUD at all. This is an because even today it is the physical file that is being delivered to an IO. IO will not touch the system if there had been no issue or no infomation to update.
If one is getting LUDs on any application, it most likely implies that some information is being updated. LUD most likely are for some reasons.
The process of adjudicating a 485 is multi step with many department involved. When the file reaches an IO for the decision , it is expected to be complete in every respect. If IO has any follow up question or any comments, she would then enter in the system that we se as LUD.
Thus, LUD in most cases ( and not all), if at all, is a potential indication of further delay..
I am not aware of any concrete reason for LUD on an approved I-140. My discussion with USCIS indicate that it may be due to updating of company specific information and not necessary related to individual case. Internally the the system recognize each company by a specific number.
Regarding your question LUD on AP, it should be unrelated to 485 as it is handled by a different department and lower level officials.
***********************************
nixstor
09-27 02:27 PM
That was a joke. I agree that DH on LD's show might help us. Your post sounded like DH should try to be on LD's show. No worries.
more...
qplearn
10-02 03:06 PM
Hi All
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question
Q1. What happens to my GC process?
Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.
Q2. What are the things I can do proactively.
I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...
I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.
After your I-140 is approved, according to my lawyer, the PD is yours to keep. Even if they withdraw your I-140, you get to keep your PD.
I talked to my lawyer in the morning today, and this is precisely what he told me.
CareerHit
10-14 11:02 PM
Hi
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
more...
msyedy
12-13 12:03 PM
What are you saying he has no valid visa on his passportm his papers are valid. People who have a valid I-94 and like H1B - Valid i-797 can legally work in US without a valid visa on the passport.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
kumar1
11-24 02:11 PM
There is always a calculated risk in extending I-94. No one can predict the outcome of this process. Personally, I would not do it.
more...
FredG
June 25th, 2006, 08:25 AM
First option is always to try to blow it out. Next, in my mind, is an arctic butterfly (a bush that works on the principle of static cling, and no chance of leaving a residue). The lens pen was originally developed for lenses, but has recently come into vogue for sensors. Finally, a wet solution applied with a pad. A variety of blowers is here (http://www.bhphotovideo.com/bnh/controller/home?ci=1&sb=ps&pn=1&sq=desc&InitialSearch=yes&O=productlist.jsp&A=search&Q=*&bhs=t&shs=air+blower&image.x=0&image.y=0). Visible dust (http://www.visibledust.com/) has a variety of wet and dry offerings, including the butterfly. Lens pen is found here (http://www.lenspen.com/402/152/), along with instructions. I consider a wet method the last resort, due to experience with streaking (No, I don't streak, it's from the fluid. Oh, I guess y'all figured that out. :) )
GotGoose?
04-22 07:15 PM
Took your advice and made another one.
more...
lskreddy
07-01 06:17 PM
I think in your second case (cpy B), you can apply for PP. As long as your first app does not impact ability to apply, you should be eligible. Check with your lawyer.
karthic
12-18 03:53 PM
Hi All,
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
more...
Amitdon
09-04 03:51 PM
I read some where, you should be physically in country when you get card. Not sure you will be able to enter or not ?
I would suggest contact attorney.
I would suggest contact attorney.
IAspire
02-21 11:34 PM
Is there a specific stage in the process till which point i have to be in US. If I go back, I will go back to India on a job with the same employer and can come back later with the same employer. Thanks.
perm2gc
08-24 12:58 PM
My first term on H1 expired on June 2002. I revalidated it and the second term also got expired as of June 2004. Since I was in US only for 3 years on that H1, is it possible to revalidate it again now, even I'm not working for company A now? Company A can file for revalidation for recapturing the remaining time on H1 but you may to work with them once the H1B's gets approved..
Above Expressed Views are Personal..Please Consult your Attroney.
Above Expressed Views are Personal..Please Consult your Attroney.
subarashi_indo
11-30 08:32 AM
I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."
Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
Please advise.
Thank you.
illinois_alum
08-11 03:25 PM
Thanks for your prompt reply.
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
If you don't have a valid I-94 then you could add your AP expiration date as the validity date
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
If you don't have a valid I-94 then you could add your AP expiration date as the validity date
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