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JunRN
09-26 03:18 PM
Better wait for your receipt numbers from I-797. I think this case is for somebody else and it is about appeal from decision of previously adjudicated case.
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sertasheep
03-25 11:30 AM
If the exec is laid off, the dependent cannot continue working.
All beneficiaries of the petition must leave the US immediately.
I don't think there is any regulation that the employer needs to pay for relocation, but usually, they will provide you a one-way ticket back to your homecountry, but that will be the least of your worries.
Avoid working on L2 if you think the L1 sponsoring company is not trust-worthy or stable.
An L-1 work visa is issued to an executive of a company that has worked with his/her company outside of the USA for at least one year. Dependents receive L-2 visas and a spouse can apply for an EAD. Trouble is, if the exec is laid off, all of the dependant visas immediately expire and both the exec and his/her spouse must leave the USA!
Any ideas how to alleviate this issue? Getting a H1B visa is impractical since they are so scarce.
Also in this case, is the exec's employer liable for relocation expenses?
All beneficiaries of the petition must leave the US immediately.
I don't think there is any regulation that the employer needs to pay for relocation, but usually, they will provide you a one-way ticket back to your homecountry, but that will be the least of your worries.
Avoid working on L2 if you think the L1 sponsoring company is not trust-worthy or stable.
An L-1 work visa is issued to an executive of a company that has worked with his/her company outside of the USA for at least one year. Dependents receive L-2 visas and a spouse can apply for an EAD. Trouble is, if the exec is laid off, all of the dependant visas immediately expire and both the exec and his/her spouse must leave the USA!
Any ideas how to alleviate this issue? Getting a H1B visa is impractical since they are so scarce.
Also in this case, is the exec's employer liable for relocation expenses?
xbohdpukc
04-21 08:17 PM
Surely won't fly.
I-140 doesn't belong to the employee. Period.
I-140 doesn't belong to the employee. Period.
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anatul
04-23 01:12 AM
I am currently working for Company-A, holding a H1B till 30/09/2012 (approx 1 yr/5 months time left), with the approved I140 and labor (Priority date EB2 Oct 2008).
Now I am thinking to move to other company (Company-B) and the new company is ready to transfer my H1B and start green card processing after 3 months.I had following questions
Q1>Can I move from my present employer to new employer?
If yes will I get New H1B valid till 30/09/2012 or for three more years based on existing approved I140.
Q2>My old employer should not revoke my I140 till my new Labor and I140 get approved with the new employer? (Most likely my old employer (Company �A) is going to revoke the I140 once I leave the company). So will that be any problem for me?
Specifically problem in following scenarios,
a. Porting my priority date for future GC application (Company-B) with revoked old 140(From Company-A).
b. If i am going to get extension only till 30/09/2012 and
if my new GC doesn�t clear new 140 stage by then ( which is highly possible looking at current market conditions and the timeframe when my labor is going to get applied (Easily 8-9 months from now)) Can i get 3 years extension at that stage using revoked 140 from company-A?
I feel very jittery about whether to make this move or not. Looking my existing priority date I assume it is easily going to take another 2/3 years to get green card in existing job.
Please reply this post as it will help me alot
Now I am thinking to move to other company (Company-B) and the new company is ready to transfer my H1B and start green card processing after 3 months.I had following questions
Q1>Can I move from my present employer to new employer?
If yes will I get New H1B valid till 30/09/2012 or for three more years based on existing approved I140.
Q2>My old employer should not revoke my I140 till my new Labor and I140 get approved with the new employer? (Most likely my old employer (Company �A) is going to revoke the I140 once I leave the company). So will that be any problem for me?
Specifically problem in following scenarios,
a. Porting my priority date for future GC application (Company-B) with revoked old 140(From Company-A).
b. If i am going to get extension only till 30/09/2012 and
if my new GC doesn�t clear new 140 stage by then ( which is highly possible looking at current market conditions and the timeframe when my labor is going to get applied (Easily 8-9 months from now)) Can i get 3 years extension at that stage using revoked 140 from company-A?
I feel very jittery about whether to make this move or not. Looking my existing priority date I assume it is easily going to take another 2/3 years to get green card in existing job.
Please reply this post as it will help me alot
more...
crazy
07-18 12:27 AM
I congratulate everybody for getting the opportunity to file 485.I am truely happy for u guys.
I am one of the very few people who can not apply for 485 as I have just changed my company and labour yet has to be filed.
I just wanted to to know Is it still possible that they will bring some kind of amendment(From CIR bill) which wouldn't allow me to extend my H1 Visa after 6 years?.I am so scared when I read on numberusa that some amendments are coming back to vote.Are we really in trouble?.
I just need some lodgical reasons that it won't happen.
I know everybody is busy but don't forget about people like us.
I am one of the very few people who can not apply for 485 as I have just changed my company and labour yet has to be filed.
I just wanted to to know Is it still possible that they will bring some kind of amendment(From CIR bill) which wouldn't allow me to extend my H1 Visa after 6 years?.I am so scared when I read on numberusa that some amendments are coming back to vote.Are we really in trouble?.
I just need some lodgical reasons that it won't happen.
I know everybody is busy but don't forget about people like us.
GCBy3000
07-25 06:02 PM
Are you in consulting business. Technically you are supposed to work at the location where you have filed your LC. If you had filed prior to PERM, then you may be fortunate because pre-PREM there was a textarea where the employer could explain about where the beneficary would work. Consulting firms filled out this column in such a way that you could work anywhere in US, but your head office is xxxx. If this is the case then you should not have problems other than filling our AR-11 and sending it to DHS / USCIS.
If it is after PERM, then you do not have any options. I am not sure how consuting firms handle this situation.
If it is after PERM, then you do not have any options. I am not sure how consuting firms handle this situation.
more...
p_kumar
12-07 03:42 PM
Does USCIS usually says this. i assume it should say "AP approved " or something similar. Have anyone seen this message on tracking your online case status.
Thanks for any info.
Regards,
MK
Hope i am wrong but that looks like a denial.
Thanks for any info.
Regards,
MK
Hope i am wrong but that looks like a denial.
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GCHope2011
06-30 08:31 PM
Hi,
I have a question. I am on H1 and are planning to extend my H1 along with my wife H4. My question is, we both have EAD's and I never use EAD. My wife is looking for jobs on EAD. If she works on EAD, can she still able to extend H4 status?
Thanks
As long as she does not work, and she has entered the country using her H4 (as against entering using Advance Parole), she is on H4. Once she uses her EAD, she is no longer on H4. Subsequent US entries will need to be on Advance Parole.
This is my "understanding".
I have a question. I am on H1 and are planning to extend my H1 along with my wife H4. My question is, we both have EAD's and I never use EAD. My wife is looking for jobs on EAD. If she works on EAD, can she still able to extend H4 status?
Thanks
As long as she does not work, and she has entered the country using her H4 (as against entering using Advance Parole), she is on H4. Once she uses her EAD, she is no longer on H4. Subsequent US entries will need to be on Advance Parole.
This is my "understanding".
more...
permfiling
05-18 11:09 AM
If new position is similar in responsibilities, then no effect. but if the responsibilities are changing, I would recommend talking to your immigration lawyer about it
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
My LC and I-140 was approved with my ex-employer in CA.Now I have a oppurtunity to join my ex-employer in the east coast. Will I be able to file AOS if I join in a similar role and when my PD becomes current ? The immigration lawyer of my ex-employer told me that I have to join in the same location as my LC was approved to take advantage of AOS as it is location specific. Is it true?
Thanks
Member of north calif
dontation : $500
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Ashendarai
11-09 08:04 PM
Hello,
how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
more...
julsun
07-31 01:58 PM
Hi,
We had been to Canada in Sep, 2003 for our Canadian residency stamping. While on our way back to San Francisco, US immigration did not stamp our passports or take back our I-94's. Prior to this trip we had been to India in March, 2003.
Now I am confused as to what should be our last date/port of entry to US? I-94's/passport stamp still indicates our March, 2003 trip and Our Canadian PR stamp does indicate date PR was stamped in Canada. But there's not other stamp/proof on passport for our entry to San Francisco.
Any pointers/suggestions?
Thanks
We had been to Canada in Sep, 2003 for our Canadian residency stamping. While on our way back to San Francisco, US immigration did not stamp our passports or take back our I-94's. Prior to this trip we had been to India in March, 2003.
Now I am confused as to what should be our last date/port of entry to US? I-94's/passport stamp still indicates our March, 2003 trip and Our Canadian PR stamp does indicate date PR was stamped in Canada. But there's not other stamp/proof on passport for our entry to San Francisco.
Any pointers/suggestions?
Thanks
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newbie2020
01-12 06:47 AM
The Vermount center seems to be having problems with their online system. I am in same boat as you, I have got the receipt for my H1 Extn but the System doesn't show up the receipt. You cannot rely on the online system or phone system to get your status update since they both share same data and both haven't been updated.
more...
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aquagirl
07-12 01:08 PM
My employer had sent my H-1 application in May first week, but he didn't even receive the EAC number till last week. So, he re-filed my H-1, this time by premium processing and its been a week, and still no EAC number. Is anyone having the same delays as me? If so, is there any way to contact someone or get the status of my application? Looking for an urgent response. Thanks,
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bigboy007
06-22 12:47 AM
any comments pl
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AGUTHA
05-13 12:24 PM
Why would you bather about your new H1B ,if you plan to leave this country.
Put all your luggage in cargo to india and forget about your luggage and go .. visit whatever country you want.
Are you planning to come to USA after 6 months or what?
Put all your luggage in cargo to india and forget about your luggage and go .. visit whatever country you want.
Are you planning to come to USA after 6 months or what?
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WAIT_FOR_EVER_GC
11-11 01:11 PM
Hello,
how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
ASK LAWYER FOR FREE in the FREE ATTORNEY CONFERENCE CALL
EVERY WEEK IT IS FREEEEEEEE
how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
ASK LAWYER FOR FREE in the FREE ATTORNEY CONFERENCE CALL
EVERY WEEK IT IS FREEEEEEEE
more...
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raysaikat
04-03 09:04 PM
My wife did her MBA and used her OPT before marriage. After a gap of OPT period she again went to school and got a MS degree. During her OPT, she did not work at all. Now she is unable to get second OPT for her recent MS degree.
Is there a way out to get second OPT? Can this new law (29 months OPT) if passed, be used to apply for second OPT.
What should be best approach? Please advice.
Thanks
A student can get an OPT once for every level of education. Since your wife already had an OPT at the "master's" level (it does not matter whether she could earn money during that period or not), she can only get another if she goes for a Ph.D. After completing the Ph.D., she will get one more OPT.
I do not know how the new law, if passed, will be "grandfathered", but I doubt if it can be used for your wife's case.
Is there a way out to get second OPT? Can this new law (29 months OPT) if passed, be used to apply for second OPT.
What should be best approach? Please advice.
Thanks
A student can get an OPT once for every level of education. Since your wife already had an OPT at the "master's" level (it does not matter whether she could earn money during that period or not), she can only get another if she goes for a Ph.D. After completing the Ph.D., she will get one more OPT.
I do not know how the new law, if passed, will be "grandfathered", but I doubt if it can be used for your wife's case.
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PennyLane
12-06 04:13 AM
I'm not an expert but from what I have read on various sites, nobody really knows. The thought is that the Nurse Relief bill stands little chance on it's own but may be bundled with something else to pass it.
I was told by my agency that if CIR passes, it will lift nurses out of the EB catagory and they will all be current. I have tried to find clarification on this but I don't think it is possible to speculate at this time.
I think the Healthcare reform is the first issue and then CIR will be addressed.
I have seen the figure 20,000 extra visas per year bandied round, these would be for the nurse only and the familly members would not take up any of this number. I have no idea how many nurses are waiting so don't know how this will impact on the overall figures - if indeed it ever comes to fruition.
I'm in turmoil over this as I had anticipated a lengthy wait and have embarked on a training programme to become a nurse practitioner and now worry I won't be able to complete it.
Being realistic, I would think if all EB visas become available overnight it will be sometime to process a large number, so it could take a good 12 months to get to my PD Jan 09 - I hope.
As I said at the start I am no expert so am only conveying my understanding and would welcome anyone who can correct any misunderstanding on my part.
I was told by my agency that if CIR passes, it will lift nurses out of the EB catagory and they will all be current. I have tried to find clarification on this but I don't think it is possible to speculate at this time.
I think the Healthcare reform is the first issue and then CIR will be addressed.
I have seen the figure 20,000 extra visas per year bandied round, these would be for the nurse only and the familly members would not take up any of this number. I have no idea how many nurses are waiting so don't know how this will impact on the overall figures - if indeed it ever comes to fruition.
I'm in turmoil over this as I had anticipated a lengthy wait and have embarked on a training programme to become a nurse practitioner and now worry I won't be able to complete it.
Being realistic, I would think if all EB visas become available overnight it will be sometime to process a large number, so it could take a good 12 months to get to my PD Jan 09 - I hope.
As I said at the start I am no expert so am only conveying my understanding and would welcome anyone who can correct any misunderstanding on my part.
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aditya
08-31 02:32 PM
count me in
i am in NYC
please let me know
thanks
aditya
i am in NYC
please let me know
thanks
aditya
krishna_brc
01-29 12:41 PM
Not been following the dates these days. Would be nice to have this info..
1) How much time does it take for the EAD application to get processed (Texas Service center) for new EAD (not an extn)?
2) How much time does it take for the AP extension to get processed (TSC) if I were to apply for an extension of my old AP today?
Thanks all for your inputs.
I would anticipate EAD to be processed in max of 3 months and AP in 2 months.
Would also add a buffer of 2 weeks (just in case).
1) How much time does it take for the EAD application to get processed (Texas Service center) for new EAD (not an extn)?
2) How much time does it take for the AP extension to get processed (TSC) if I were to apply for an extension of my old AP today?
Thanks all for your inputs.
I would anticipate EAD to be processed in max of 3 months and AP in 2 months.
Would also add a buffer of 2 weeks (just in case).
GCwaitforever
11-16 05:27 PM
Congratulations on clearing your wife's FBI name check process. That is an important barrier to cross over.
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