sanam9696
03-09 05:42 PM
Need your help..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:
Can my previous employer file I-140, even if I am not working with them?
If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
Once I transfer my PD, can my previous employer use this approved LC for other candidate?
Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.
Thanks in advance..
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Blog Feeds
07-16 04:50 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
VivekAhuja
06-16 07:15 PM
Possible if Master's is in same field.
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s_r_e_e
07-09 12:23 PM
google
http://wiki.answers.com/Q/How_long_can_a_US_citizen_stay_abroad
http://wiki.answers.com/Q/How_long_can_a_US_citizen_stay_abroad
more...
gcby2099
05-04 08:19 AM
4 months ago they both lost jobs and they had a baby girl in Feb, his in-laws are visiting them and his is actively searching for new job. Last night I informed him about IV.
I would like to help him reg this status issue..
I would like to help him reg this status issue..
Avaya_2131
02-08 11:18 AM
Hi,
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
I am currently in L1B visa , i am in US for 40 Months. The total period that i can be in US in L1B is 5 yrs .
I am planning to do my H1B this year (2008), having already elapsed 40 months, if i get a H1B will the period elapsed ( 40 months in L1B) be accounted or i will get the H1b for 3 yrs.
Thanks
more...
augustus
06-17 06:36 PM
Dear All,
1. Can someone please let me know what I should take with me when I meet the USCIS civil surgeon? Who gives the Form - I-693? My lawyer has not attached that form in her mails to me? Does the hospital provide or should I take one with me myself?
2. How is the procedure usually with the USCIS civil Surgeon? What does the surgeon do and how is the examination like?
Please help me understand this process better. I am aware of the vaccinations I should take but I am not aware of the procedure with the surgeons.
Thank you very much.
Best Regards,
Augustus
1. Can someone please let me know what I should take with me when I meet the USCIS civil surgeon? Who gives the Form - I-693? My lawyer has not attached that form in her mails to me? Does the hospital provide or should I take one with me myself?
2. How is the procedure usually with the USCIS civil Surgeon? What does the surgeon do and how is the examination like?
Please help me understand this process better. I am aware of the vaccinations I should take but I am not aware of the procedure with the surgeons.
Thank you very much.
Best Regards,
Augustus
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ras
01-01 02:39 PM
H1 has been approved for 2009 quota for a client A. it is almost one and half year and the visa stamping has not been done. The client A is no more interested and a new Client B is interested to offer the same position in a different location or at H1 petitioning employers location. The LCA has been filed for the Client B and may get approved in next couple of days. Is that okay to use this new client letter while going for H1B Visa stamping? This new client is not the one on whom the actual H1B petition is approved.
Question is When going for H1 B visa is it necessary to use the client letter that has been used when applying for H1B approval. Can the clients be different while going for Visa Stamping?
This is urgent as the visa stamping appointment is in a few days. And the attorneys suggestion will be greatly appreciated.
Question is When going for H1 B visa is it necessary to use the client letter that has been used when applying for H1B approval. Can the clients be different while going for Visa Stamping?
This is urgent as the visa stamping appointment is in a few days. And the attorneys suggestion will be greatly appreciated.
more...
desi485
11-13 01:57 PM
As far as I know, you can file (or even decide not to file if you have H-1) anytime. This should not be an issue. In fact, one my friend's was in similar boat, he filed his EAD after gap of 3 months and got it approved.
EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.
However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. (http://immigrationvoice.org/forum/showthread.php?t=22182) I humbly request you to do so for sake of our community. Thanks!
EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.
However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. (http://immigrationvoice.org/forum/showthread.php?t=22182) I humbly request you to do so for sake of our community. Thanks!
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4yourforGC
03-20 12:16 PM
my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks
more...
immigal
08-13 06:26 PM
Called USCIS.
Current Immigration status will be same as what u entered US on. SO H1B for me..
Hope this helps more people trying to find this answer.
Current Immigration status will be same as what u entered US on. SO H1B for me..
Hope this helps more people trying to find this answer.
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InTheMoment
08-18 12:11 PM
Yes that is right. The biometrics is essentially only for I-485 and that is the only LUD that may get updated.
i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
i did the same... selected 485 only, i asked the lady who checked ID she said that was ok...
also if you think about it the FP notice was for 485, if EAD or AP requires FP we should get separate FP notices init? :) (thats my take on it)
more...
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jvs
06-18 06:50 PM
Regarding "how soon can you go for stamping"
Depends on the consulate. Mumbai consulate allows you to go for stamping 90 days prior to start of your extension. In your case if your extension starts on 1st October 2010, you can go for stamping as early as 5th July 2010. Since you are expecting to receive the extension by August you can go for stamping as soon as you receive it.
I would recommend dropping a mail to VFS and asking this question for the consulate you are interested in.
Depends on the consulate. Mumbai consulate allows you to go for stamping 90 days prior to start of your extension. In your case if your extension starts on 1st October 2010, you can go for stamping as early as 5th July 2010. Since you are expecting to receive the extension by August you can go for stamping as soon as you receive it.
I would recommend dropping a mail to VFS and asking this question for the consulate you are interested in.
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seekerofpeace
09-07 08:43 PM
I tried a few times for scheduling infopass trying to get Boston which is closer to where I live. But I am getting Lawrence....I guess Boston office is flooded with appointments...Didn't know that Lawrence has a office too.
Will let you guys know if the meeting is of any help (which I doubt)...
Thanks,
SoP
Will let you guys know if the meeting is of any help (which I doubt)...
Thanks,
SoP
more...
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wandmaker
10-08 03:20 AM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
If you have not received any RFE or NOID or DENIAL or APPROVAL with in 15 calendar day of your PP upgrade then you are entitled to receive the PP fee by USCIS policy. One catch though, not sure whether it will be applicable if your GC was approved with in 15 calendar days of PP upgrade - just throwing one exception. You will never know what is in fine printing :)
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
If you have not received any RFE or NOID or DENIAL or APPROVAL with in 15 calendar day of your PP upgrade then you are entitled to receive the PP fee by USCIS policy. One catch though, not sure whether it will be applicable if your GC was approved with in 15 calendar days of PP upgrade - just throwing one exception. You will never know what is in fine printing :)
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GCBoy786
06-28 09:34 PM
The I-131 instructions does provide only the P.O. Box address. I believe FedEx doesn't deliver to P.O. box address.
Can I have both I-765 and and I-131 forms in the same envelope and mail it to
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
Can I have both I-765 and and I-131 forms in the same envelope and mail it to
Nebraska Service Center
850 S. Street,
Lincoln, NE 68508-1225
more...
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SBH
01-10 12:13 PM
Hi,
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
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interfile
08-26 05:51 PM
Can somebody post the procedure and/or the sample/format of a letter to USCIS requesting to interfile?
Has anybody successfully gone through the procedure for interfiling I-485 from EB to FB?
Has anybody successfully gone through the procedure for interfiling I-485 from EB to FB?
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J Mancilla de la Cruz
11-16 10:40 AM
Hello! I am a new member in Iowa--Des Moines. I work for a company called Proteus, Inc. and we help migrant and immigrants in areas of health, education, job placement, etc. I have also joined for personal reasons- my husband and I are "in the process." Through this chapter I hope to establish great ties and increase my understanding of immigration issues.
Have a great day all!
Have a great day all!
krishna.ahd
05-01 07:18 AM
What do you mean by filing ?
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
Again you may change job again before 485 stage hit.
Is there anything to file for AC21 ? I somehow thought it's implicit and you just have to let USCIS know that you have changed your job. That's all. That too is not a mandatory task but most lawyers suggest it to play safe. I think it's matter of sending the letter with details to USCIS.
You just be prepared to explain at the 485 interview or reply to RFE's or NOID's if sent by USCIS, which wont happen till your 485 date is current or your sponsoring employer withdraws 140.
Best way to handle this, do not send any detail AC21 to INS, but keep all the documents emeployment offer with job description , paystub and W2 till you get RFE at 485 stage ( If lucky you may not get at all)
Again you may change job again before 485 stage hit.
PALLO
04-15 08:27 PM
anyone, would appreciate any suggestions
Thanks!
Thanks!
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