abhaykul
05-04 02:05 PM
Guys,
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
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Beta_mle
02-19 09:04 PM
I am starting my 10th year on H1 Visa, and thus my company has renewed a few times already. On one of those instances, through ignorance I suppose, my H1 was renewed but my dependents were not. There was an assumption, which I now understand to be wrong, that my renewal would cover my dependents as well. Since after that we have renewed for all of us successfully.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
One of the dependents, the wife, traveled out of the country and re entered with a H4 Stamp, which I understand cures her status. My son, however has never done this. We all have I-485's pending and I am worried about what that means for him. I am thinking of travelling out of the country, like Canada, to get our visas stamped and re - enter on the H status.
Question is: Is there any risk in that? If we go to, say Toronto to get the visa renewal, is there any chance that they would deny him? We have the 797 approvals for all of us. The last thing I want is to get stuck outside the country. I have reason to believe we have been pre adjudicated, if this means anything, and it is possible that if I do nothing it would all work out. However, I do not want to take chances with my kid's future.
Any one have any insight? Would going to Canada and returning on H4 cure his status? And are there any risks to this strategy? Thanks for the insight.
keerthisagar
01-06 09:26 AM
75% of us in this forum do not qualify for the legislation being proposed here!
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suryamnb
12-07 02:30 PM
Friends,
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
I apoligizeif I was posting this message in the wrong section.
I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?
more...
quizzer
10-16 09:10 PM
Any EB2 folks with RD prior to Jan 2007 still waiting for approvals?
eastindia
09-23 11:14 AM
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
You hate Microsoft because you cannot a job there. Why don't you spend time upgrading your skills and get rid of your hatred for H1B workers.
If you think it is too much for you and you would rather blame Immigrants for your incompetence, then you may want to try apply as a Janitor in Microsoft or Google. Maybe they will hire you. You can then tell all your friends that you work for Microsoft. :D
You hate Microsoft because you cannot a job there. Why don't you spend time upgrading your skills and get rid of your hatred for H1B workers.
If you think it is too much for you and you would rather blame Immigrants for your incompetence, then you may want to try apply as a Janitor in Microsoft or Google. Maybe they will hire you. You can then tell all your friends that you work for Microsoft. :D
more...
srkamath
08-05 06:15 PM
It is illegal for the foreign employee to pay or to reimburse the employer (or even agree to a reduced salary) to cover the costs of the foreign labor certification process. There are no exceptions to this - there is no varied interpretation either. The labor certification will be denied or revoked if the foreign applicant had any role to play in the recruitment process.
Disclaimer - This is my understanding, i'm not a lawyer.
Disclaimer - This is my understanding, i'm not a lawyer.
2010 I love mixing and matching!
Ann Ruben
07-14 08:02 AM
Hello Ruben,
Can you help me out on the visa? My employer had sent you an email last week to aruben@srrlaw.us with the subject name "Keerthi Shankar".
Earnestly waiting for your reply.
Thanks.
Hi Keerthi,
I would be happy to help. I don't recall getting an e-mail from your employer last week. It is possible that it ended up in a spam folder. Could you ask your employer to resend today and i will be on the lookout for it.
Ann
Can you help me out on the visa? My employer had sent you an email last week to aruben@srrlaw.us with the subject name "Keerthi Shankar".
Earnestly waiting for your reply.
Thanks.
Hi Keerthi,
I would be happy to help. I don't recall getting an e-mail from your employer last week. It is possible that it ended up in a spam folder. Could you ask your employer to resend today and i will be on the lookout for it.
Ann
more...
VivekAhuja
06-04 02:22 PM
A few months of bank statements (with most recent balance)+ your tax docs for last year+ W-2 and most importantly a letter from your employer saying how long you have been there, salary and benefits, if any - should suffice.
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immique
04-13 01:38 AM
it is very risky. you cannot use AC 21 when you move from a full time practising physician to fellowship. how can you justify being paid about 1/3rd of the salary mentioned in your Labor application. the job has to be similar in description and pay. earning extra by moonlighting will not be sufficient to satisfy the criteria. personally I have known Physicians who did not even move from a University hospital to a community hospital as the job description will be different from a University hospital to a community hospital. if you have green card processing through your wife then you can file as her dependent and go for the fellowship. if you don't have that option, then I would suggest that you not go for the fellowship and stick with your current job.
more...
meridiani.planum
04-06 02:34 AM
inline...
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
>> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.
-- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?
2) Should I let USCIS know that I am changing my employment?
>> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)
--what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?
>> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),
--Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
>> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.
-- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
Here's a link to, and info from the USCIS memo:
http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
words, from the new company/employer to which someone has
ported?
Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.
agree with the rest of your post.
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ruchigup
08-22 04:17 PM
Why do u need them for gc ? Your 485 is already pending.
Right now Baker McKenzie represent my I-485 case. After I am no longer with my current employer, I need to file G-28 to change my attorney representation.
Right now Baker McKenzie represent my I-485 case. After I am no longer with my current employer, I need to file G-28 to change my attorney representation.
more...
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crystal
07-08 02:02 PM
Could be the side effect of logiclife bashing of immigration lawyers :D I'm sorry but why he did not say IV... i'm not trying to offened anybody people from all over are sending as well. it would make it better if he said the legal immigrant community
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arsh007
12-21 08:58 AM
Please let me know if Missouri members can participate on this conference. I am not aware if we have any local IV chapter in Missouri. Looking forward to your response.
more...
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needhelp!
03-24 12:18 PM
Windows Media: http://wamu.org/audio/wamu.asx
Real Audio: http://wamu.org/audio/wamu.ram
MP3: http://wamu.org/audio/wamu.m3u
Guests:
Robert Hoffman, Vice President of Government and Public Affairs, Oracle
Ron Hira, Assistant Professor, Public Policy, Rochester Institute of Technology; Author, "Outsourcing America: What's Behind Our National Crisis and How We Can Reclaim American Jobs"
Mark Bartosik, Software Engineer; Member, Immigration Voice
Real Audio: http://wamu.org/audio/wamu.ram
MP3: http://wamu.org/audio/wamu.m3u
Guests:
Robert Hoffman, Vice President of Government and Public Affairs, Oracle
Ron Hira, Assistant Professor, Public Policy, Rochester Institute of Technology; Author, "Outsourcing America: What's Behind Our National Crisis and How We Can Reclaim American Jobs"
Mark Bartosik, Software Engineer; Member, Immigration Voice
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helpmeExperts
01-13 12:00 PM
Hi
i just saw your thread about FOI.
please care to share with me how can i do that.
plz reply to my message
thanks a ton!
i just saw your thread about FOI.
please care to share with me how can i do that.
plz reply to my message
thanks a ton!
more...
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jayleno
12-15 11:59 AM
Buddy,
Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.
Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.
Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
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EndlessWait
06-20 12:46 PM
I believe H1/H4 has nothign to do with I485 application. You can file for her 485. Since she is on h1, you should mention h1 for Adavane parol. Since she has h1 stamped and can travel outside, advance parol is not required now. You can apply for AP any time while 485 is pending.
and since we are filing for AP now, i'd mention H4 on AP. is it right?
and since we are filing for AP now, i'd mention H4 on AP. is it right?
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BeCoolGuy
04-13 08:02 AM
Always speak the truth..!!!
Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.
Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.
Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.
Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...
AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.
Goodluck
Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.
Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.
Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.
Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...
AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.
Goodluck
eyeopeners05@yahoo.com
06-02 12:55 PM
July 07 485 filer with pd of July 2003 in EB3.
EAD and AP available and can be used for AC21.
Current H1 valid till 2010 July
Got married after filing 485 and so wife does not have EAD etc and is on H4.
Another company wants me to come to their company using EAD as they dont want to file h1. Can I use EAD under AC21 and switch jobs while my wife is still on H4 ?
Is the EAD/AOS status change applicable only when going in and out of the country ? If we decide to stay in the USA till we get a GC, does it matter if I use EAD to change jobs though my wife is on H4 ?
EAD and AP available and can be used for AC21.
Current H1 valid till 2010 July
Got married after filing 485 and so wife does not have EAD etc and is on H4.
Another company wants me to come to their company using EAD as they dont want to file h1. Can I use EAD under AC21 and switch jobs while my wife is still on H4 ?
Is the EAD/AOS status change applicable only when going in and out of the country ? If we decide to stay in the USA till we get a GC, does it matter if I use EAD to change jobs though my wife is on H4 ?
GCKaMaara
10-15 11:58 AM
I think that is the humanitarian parole......but there have been over aggressive officers at the POE who mix up the two......
My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.
I Second this idea.
My suggestion to you is use your H1B(if possible) or take an infopass and get an expedited AP.
I Second this idea.
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