ash_79
08-26 10:46 PM
Hi All ,
I am currently on L1B visa valid till Mar 09.
I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).
Will my return on the old petition cancel my L1 renewal petetion ?
I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.
Any views would be greatly appreciated.
Thanks
I am currently on L1B visa valid till Mar 09.
I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).
Will my return on the old petition cancel my L1 renewal petetion ?
I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.
Any views would be greatly appreciated.
Thanks
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meridiani.planum
12-18 11:57 PM
inline...
Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
If you satisfy all conditions of AC-21, then nothing happens to your AOS:
- your i-140 is approved
- 180 days have passed since your filing of 485
- new jobs is same/similar to old one
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Assuming rest of AC-21 requirements are met, if hte new job is not deemed similar to old one by USCIS when they adjudicate your 485, it can result in a denial.
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
receipt date
Q) Do I need to file AC21 if working for the same employer in a different position?
typically no. Note that the new position cannot be too differnet from your LC one.
Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
If you satisfy all conditions of AC-21, then nothing happens to your AOS:
- your i-140 is approved
- 180 days have passed since your filing of 485
- new jobs is same/similar to old one
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Assuming rest of AC-21 requirements are met, if hte new job is not deemed similar to old one by USCIS when they adjudicate your 485, it can result in a denial.
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
receipt date
Q) Do I need to file AC21 if working for the same employer in a different position?
typically no. Note that the new position cannot be too differnet from your LC one.
WeShallOvercome
07-31 04:13 PM
Receipt Number: lin0720551216
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
i saw this in one of the other forums
It's of no value. Could be any case filed in June with a notice date of 7/11.
could be any other AOS case, not necessarily EB.
Please close this thread
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
i saw this in one of the other forums
It's of no value. Could be any case filed in June with a notice date of 7/11.
could be any other AOS case, not necessarily EB.
Please close this thread
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kvrr
06-12 04:52 PM
Stay away from Harvey Shapiro law firm in NJ/NY. Very irresponsible.
more...
immigqindenver
03-15 02:24 AM
Hi Guys,
My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.
Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.
Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?
Thanks.
My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.
Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.
Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?
Thanks.
same_old_guy
03-19 05:39 PM
If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
more...
fromnaija
11-16 01:09 PM
Even if your status changed to H1 in October 2004 and you started working in November 2004 for a second employer following approval for that employer, I would say it is just 30days and would not be an issue in future GC application. Don't worry about it.
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martinvisalaw
08-12 02:02 PM
First, the letter you got is probably a standard local office interview letter, so that it assumes a marriage-based interview rather than employment-based. This happens often.
You should have an AC21 letter with you for the interview, to show that you continue to be eligible to adjust status.
You should have an AC21 letter with you for the interview, to show that you continue to be eligible to adjust status.
more...
transpass
09-26 04:50 PM
We should not mention who we are speaking to in a public forum. This will trigger all kinds of opposition flooding to whomever you mention, which will work against us
Join your state chapter, they will be able to help coordinate and get contacts and visits etc.
I agree - It's not a good thing. Moreover, it might push the wrong buttons if person from one state sends letters/faxes to the congressman from other state. I would not be surprised if the congressman would not care since you are not from his district. You can also check if you can send the letters/faxes to your state senators...
Join your state chapter, they will be able to help coordinate and get contacts and visits etc.
I agree - It's not a good thing. Moreover, it might push the wrong buttons if person from one state sends letters/faxes to the congressman from other state. I would not be surprised if the congressman would not care since you are not from his district. You can also check if you can send the letters/faxes to your state senators...
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leoindiano
07-15 11:27 AM
I have nov 2004 PD. I have the same problem. USCIS received my app on aug 3rd. But notice date is oct 11. From , i see that these dates doesnt matter as long as your PD is current. So, i didnt bother to contact USCIS.
more...
furiouspride
08-24 07:10 PM
Ok you have an H1 with an employer and you got another job offer in a different company through this employer? How is this possible?
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same_old_guy
10-23 05:31 PM
Who told you that ? I am sure it wasn't any lawyer !!
more...
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deardar
06-17 06:41 PM
The Doctor's office will usually have it or else download it from the internet.
You can fill it at the doctors office. Bring ur Passport to his office.
You can fill it at the doctors office. Bring ur Passport to his office.
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gc_in_30_yrs
07-27 06:07 PM
BumbleBee, Thank you for your reply.
I am afraid to talk to any prospective employers as I do not have a copy of I-140 with me. I have a copy of I-140 Approval letter, but it specifies; this copy should not be used as a proof of valid document for official purposes.
I am afraid to talk to any prospective employers as I do not have a copy of I-140 with me. I have a copy of I-140 Approval letter, but it specifies; this copy should not be used as a proof of valid document for official purposes.
more...
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gopi544
10-30 05:02 PM
i worked for 5 years (2005 till now), i will have 4 w2`s and they are asking for all w-2. i have all the w2`s expect for 2006 form previous company which i left in feb 2006.
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Blog Feeds
07-20 04:00 PM
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
more...
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h1bapplnt
02-08 06:23 PM
Respected Madam/Sir,
I have an issue with my H1B application. Please help me.
I attended my H1B interview at Mumbai Consulate on 02nd Dec 2010. At that time Officer told me that you are qualified for H1B Visa but company is not good for you. Officer convinced me to withdraw the petition.
Then they gave me one form and asked me to sign on it and write you are withdrawing the petition.
Next day I called my sponsor and told everything. But sponsor told me that he is ready to provide all the docs and few applications already approve at consulate Hyderabad.
On 20th Dec 2010, I took new appointment and went for interview. At the time of interview I told that "I withdrawn my application as per suggestions given by Visa Officer, But my sponsor had a debate with me and put forth the point that they are not violating any norms and laws, and thereby ready to provide all sorts of doc.Please reconsider my application as they offered me very challenging role".
Then Officer asked few docs about my sponsor and asked me to come directly to consulate with passport and gave me 221 G blue form.
On 5th Jan 2010, I went with my docs and Visa Officer granted me VISA and now I got the passport with VISA.
But, on 4th Jan 2010, just before one day, I got a below mail from Consulate Mumbai.
Dear Sir,
Based on the interviews and documents submitted at U.S. Consulate General Mumbai, we have returned your petition to U.S. Citizenship and Immigration Services (USCIS) for review and possible revocation. If a consular officer receives information during the interview process that was not available to the adjudicating immigration officer at the time of petition approval and that shows the beneficiary of a petition is not entitled to the accorded status, then the petition must be returned to USCIS for re-examination. Due to this requirement, consular officers returned your petition and additional supporting documents to the Kentucky Consular Center.
You may address further inquiries on this petition to the USCIS National Customer Service Center at 1-800-375-5283.
Now I am US, and Officers didnt asked anything at port of entry.
But in USCIS website, the petition status is showing that they recieved my petition from state department and they are reviewing it.
Can I get the SSN and Am I legal to stay in US. What should I do. Please let me.
Thanks in advance
I have an issue with my H1B application. Please help me.
I attended my H1B interview at Mumbai Consulate on 02nd Dec 2010. At that time Officer told me that you are qualified for H1B Visa but company is not good for you. Officer convinced me to withdraw the petition.
Then they gave me one form and asked me to sign on it and write you are withdrawing the petition.
Next day I called my sponsor and told everything. But sponsor told me that he is ready to provide all the docs and few applications already approve at consulate Hyderabad.
On 20th Dec 2010, I took new appointment and went for interview. At the time of interview I told that "I withdrawn my application as per suggestions given by Visa Officer, But my sponsor had a debate with me and put forth the point that they are not violating any norms and laws, and thereby ready to provide all sorts of doc.Please reconsider my application as they offered me very challenging role".
Then Officer asked few docs about my sponsor and asked me to come directly to consulate with passport and gave me 221 G blue form.
On 5th Jan 2010, I went with my docs and Visa Officer granted me VISA and now I got the passport with VISA.
But, on 4th Jan 2010, just before one day, I got a below mail from Consulate Mumbai.
Dear Sir,
Based on the interviews and documents submitted at U.S. Consulate General Mumbai, we have returned your petition to U.S. Citizenship and Immigration Services (USCIS) for review and possible revocation. If a consular officer receives information during the interview process that was not available to the adjudicating immigration officer at the time of petition approval and that shows the beneficiary of a petition is not entitled to the accorded status, then the petition must be returned to USCIS for re-examination. Due to this requirement, consular officers returned your petition and additional supporting documents to the Kentucky Consular Center.
You may address further inquiries on this petition to the USCIS National Customer Service Center at 1-800-375-5283.
Now I am US, and Officers didnt asked anything at port of entry.
But in USCIS website, the petition status is showing that they recieved my petition from state department and they are reviewing it.
Can I get the SSN and Am I legal to stay in US. What should I do. Please let me.
Thanks in advance
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vishwak
10-14 10:32 AM
http://www..com/visitor-visa/
http://www..com/visitor-visa/sponsor-documents.html
As your wife is not working, You should sponsor them. You need to fill I-134 etc documents.
http://www..com/visitor-visa/sponsor-documents.html
As your wife is not working, You should sponsor them. You need to fill I-134 etc documents.
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jbr
03-02 04:19 PM
I think it is very worthwhile sending a petition to all judiciary committee members. It is perfect time to do so.
gcnirvana
06-27 06:51 PM
From Immi-Law:
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
06/27/2007: SPECIAL ALERT: I-485 Cap for FY 2007 Can Be Exhausted Before End of July? Then What Will Happen?
According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.
rajpatelemail
03-02 12:29 PM
What else we have to see: All tamils , all kannadas, all delhites, all north indians, all beharis, all gujarathis, all punjabis are bastards and cause for every silly/big thing in our lives...
Grow up guys and please do not respond to these threads to increase the fight.
I do not know why IV admins are still keeping those threads...
It is just 1 second work to delete/disable that thread, which will straighten out all the hatemongers to put more flame
Grow up guys and please do not respond to these threads to increase the fight.
I do not know why IV admins are still keeping those threads...
It is just 1 second work to delete/disable that thread, which will straighten out all the hatemongers to put more flame
