raysaikat
06-14 11:50 AM
Thank you! raysaikat
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
So it is just like applying a new H1 visa, but include a copy of my current approved H1 visa and maybe some pay checks from my current employer?
There is nothing called "H1-B transfer". It is always a new petition by the new employer. The key is that since you have been counted once, you should not be counted again. For that you give your new employer your current H1-B approval notice (I-797) which is the proof that you have been counted. The new employer (or his/her lawyer) will use that information appropriately. The new H1-B must also start on or after Oct 1, 2008.
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bp333
09-25 12:51 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
sri1309
10-22 08:59 PM
Guys,
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
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hypersphere
01-05 03:51 PM
TIme to make this site a paid site with tightly controlled information access and forum features available only to the members.
What is the purpose of increasing the membership is a majority are non contributing members. Doesnt money buys us much more then the membership numbers? Making this site a paid site will drive away most members but the remaining will provide a continuous revenue stream.
What is the purpose of increasing the membership is a majority are non contributing members. Doesnt money buys us much more then the membership numbers? Making this site a paid site will drive away most members but the remaining will provide a continuous revenue stream.
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rajenk
10-20 12:08 AM
AllIzzWell, as the_jaguar has suggested FOIA is the only way. And yes that helps, some times FOIA requests might take longer, so request it ASAP to get it quicker
Anil_s
06-29 08:40 PM
Hi Ari,
Thank you for the information.
I generally hold business discussions with the client whenever needed,thats only my job.
Anyways I understand your point.
Anil
Thank you for the information.
I generally hold business discussions with the client whenever needed,thats only my job.
Anyways I understand your point.
Anil
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gonecrazyonh4
03-21 11:03 AM
I was not able to log into the link, it directs public to immigration lawyer..
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wandmaker
06-12 05:56 PM
What is "Letter of Acquirement�
Can you please tell me what is "Letter of Acquirement�'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, do Official docs were shared with me.
From whom did u get this letter.
Letter of Acquirement is a letter addressed to each and every employee in the current company's letter head stating that the company A has been acquired by company B.
Can you please tell me what is "Letter of Acquirement�'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, do Official docs were shared with me.
From whom did u get this letter.
Letter of Acquirement is a letter addressed to each and every employee in the current company's letter head stating that the company A has been acquired by company B.
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permfiling
06-22 12:20 PM
Hi GreenCardForUS,
What letter did you send , the current employer for the past employment letter A as I am in a similar boat. I sent you a PM, please take a look and reply
Thanks
What letter did you send , the current employer for the past employment letter A as I am in a similar boat. I sent you a PM, please take a look and reply
Thanks
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manjunathpv
10-07 01:12 PM
Raj
Any updates on your interfiling case? Did you follow up with SR and infopass?
Thanks
Any updates on your interfiling case? Did you follow up with SR and infopass?
Thanks
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TO BE OR NO TO BE
10-21 04:19 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.
Do any one can help me guide what are my options?
I am not a Lawyer, just advising based on my knowledge / experience:
You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.
The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).
The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).
The new employer is not required to prove ability to pay.
There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.
You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.
And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).
Hopefully this is helpful!
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rockstart
03-09 11:45 AM
Read the earlier posts. The person is not working. How will you fill I-9 when you have stopped working?
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
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diptam
04-13 01:29 PM
I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.
They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.
If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.
Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.
They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.
If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.
Thats a pretty tough spot to be in. You can try finding a H1B sponsor for yourself and transfer? How about looking for a H1B sponsor for your wife? I believe the H1B quota did not fill up this time.
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485Mbe4001
04-13 04:31 PM
Suddenly everyone is out to relieve the poor old neglected 'hi-tech' guy :D ...wonder if we are being used as a bargaining chip for CIR...
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garybanz
09-27 10:09 AM
485 and FP will have same receipt number, you should get 3 recipt numbers for each (485, AP and EAD) ..
We have
1 LIN Receipt number for 485 (and FP)
2 LIN Receipt numbers for EAD
2 LIN Receipt numbers for AP
total of - 5 receipt numbers.
We have
1 LIN Receipt number for 485 (and FP)
2 LIN Receipt numbers for EAD
2 LIN Receipt numbers for AP
total of - 5 receipt numbers.
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nogc_noproblem
02-14 02:58 PM
Thanks Lazycis.
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
From my experience, if you file EAD/AP by yourself, all communications regarding EAD/AP will go to you. No need to file G-28. If you want all I-485 communication rerouted to you, you need to file G-28 and put yourself as a representative.
I could not find age restriction for EAD, you may try to file. However there are legal restrictions on child labor in US so I really doubt they will issue EAD for a minor (under 14 years). My friend cound not get EAD for 12 year old.
Any others suggestions from other members...
more...
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number30
03-28 12:27 AM
So what do I do.
I am looking to buy a SUBWAY franchise outright costing 200 K
I do not know how can you apply for the green card from the SubWay. If it was Indian hotel people apply as international Chef. But SubWay does not need that kind of expertise. If you want do the business that is fine. 200K seems little high even for the green card.
I am looking to buy a SUBWAY franchise outright costing 200 K
I do not know how can you apply for the green card from the SubWay. If it was Indian hotel people apply as international Chef. But SubWay does not need that kind of expertise. If you want do the business that is fine. 200K seems little high even for the green card.
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yestogc
07-07 10:04 PM
How can we know the status of 485, I mean is it pre-adjudicated or not ??
Also what is this POJ method, can you please enlighten.
Also what is this POJ method, can you please enlighten.
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permfiling
10-21 12:09 AM
Attorney Prashanthi,
if the AC21 is less then 6 months like for example a person had filed I140 and I1485 but 140 got approved after 3 months and the person had lost his job in the 5th month due to company shutdown and the person moved on to another company using AC21, will there be any issue during naturalization.
Thank you
if the AC21 is less then 6 months like for example a person had filed I140 and I1485 but 140 got approved after 3 months and the person had lost his job in the 5th month due to company shutdown and the person moved on to another company using AC21, will there be any issue during naturalization.
Thank you
usgc07
02-15 08:27 AM
:confused:
Gurus,
Please advise.
Can a spouse of Green card holder get an H1b visa.
Spouse is currently studying MBA final sem.
She has 3 year industry work experience.
An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.
The question :
Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
What are chances of her obtaining h1b visa ?
I heard H1B is a dual intent visa.
Thanks in advance for your time and efforts on this issue.
USGC07
Gurus,
Please advise.
Can a spouse of Green card holder get an H1b visa.
Spouse is currently studying MBA final sem.
She has 3 year industry work experience.
An US based corporation might be willing to sponser her h1b visa because she has worked for their indian counterparty.
The question :
Her husband is a green card holder and she must disclose it either on the H1B petition or at the time of visa interview.
What are chances of her obtaining h1b visa ?
I heard H1B is a dual intent visa.
Thanks in advance for your time and efforts on this issue.
USGC07
logiclife
12-20 11:38 AM
did you get a letter from USCIS to your new address that they have received your address change request?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
i changed my address back in last week of September and got the letter in mid october. i got two separte letter one addressed to me and one addressed to my wife. this letter will ensure that they have your new correct address on the file. you should get one letter for you and for each dependent. also, you should change addresses for each individuals (for you and dependent).
also keep in touch with your lawyer, they shall recieve one notice for FP alongwith you.
Did you apply online or thru regular mail? Also, if you sent regular mail, was it certified mail or just regular first-class mail?
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