snathan
03-31 08:02 AM
Hi..
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.
But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.
Need some urgent help here..
One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.
Question is
What will happen to his H1B visa after L1 visa renewal ?
Thanks in advance
When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.
But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.
wallpaper HOUSTON - MAY 24: Hunter Pence
hyoungill
04-28 09:04 AM
Thank you very much, baba84!
Here are description of "a" and "b" or "h". in I485 Part2.
We are supposed to mark one reason for an adjustment to permanent resident.
Part 2 says
I am applying for an adjustment to permanent resident status because:
"a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
"b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.
"h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.
Thanks!!!
Here are description of "a" and "b" or "h". in I485 Part2.
We are supposed to mark one reason for an adjustment to permanent resident.
Part 2 says
I am applying for an adjustment to permanent resident status because:
"a": an immigrant petition giving me an immediately available immigrant visa number has been approved. (Atttach a copy of the approval notice-- or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you an immediately available visa number, if approved.)
"b": my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.
"h": Other basis of eligibility. Explain (for example, I was admitted as a refugee, my status has not been terminated, and I have been physically present in the U.S. for one year after admission). If additional space is needed, use a separate piece of paper.
Thanks!!!
pd_recapturing
06-17 09:17 PM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
2011 Majestic Houston Astros Ash
indian
12-14 12:08 PM
May be IV code is already aware and working on this. I think with the nuke deal out of the way, we now have a window of opportunity - may be Q1/Q2 2007 - during which we can try to get USINPAC, India caucus etc. to listen to us and hopefully actually do something.
Once the so called "123 agreement" is finalized and reaches congress for approval, we would again be shut out of any help from USINPAC and others.
Once the so called "123 agreement" is finalized and reaches congress for approval, we would again be shut out of any help from USINPAC and others.
more...
vselvam
05-17 03:43 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
navdeep.mahajan
03-08 10:37 PM
Thanks for your wishes
more...
Robert Kumar
03-23 07:29 PM
Travelling via UK is OK as long as you have GC or a valid US Visa stamped in the passport. Even if flights are delayed, staying at the airport is no problem. The problem is not in UK but at the time of boarding in home country. Once you are on the plane....you are fine.
Thank you.
Which medical insurance is good these days, that pays in the US itself, and no claims business in India, god forbid.
And does it cover pre-existing conditions.
Thank you,
Bobby.
Thank you.
Which medical insurance is good these days, that pays in the US itself, and no claims business in India, god forbid.
And does it cover pre-existing conditions.
Thank you,
Bobby.
2010 Majestic Houston Astros Youth
careerGC5050
11-23 07:52 AM
Anoop - dont worry about it and ask your company to reapply with a stronger educational valuation. Everything depends on the educational valuation report submitted along with the application.
Request for a stronger educational evaluation and request them to reapply.
Request for a stronger educational evaluation and request them to reapply.
more...
pd_recapturing
01-14 04:20 PM
Well, there is no requirement from USCIS that forces companies to revoke 140 after employees leave or get laid off from the company. Its more to do with ability to pay issue. When a company receives a ability to pay rfe, it needs to show all the financial records along with how many 140s have been applied by them. USCIS checks the financial docs and number of 140s (underline wages) to make sure that company can pay wages. Most of the time, small time consulting companies get A2P rfe so mostly they revoke the 140s but in this economy, we can't be sure about big companies too.
hair Houston Astros New Era 59fifty
uma001
04-21 04:21 PM
1 . Where is the donor forum? I could not find it
2. I am a donor (two times). But I do not have access to it.
Bump
2. I am a donor (two times). But I do not have access to it.
Bump
more...
Dhundhun
05-12 12:22 AM
In case of death: None, unless enough points are there and a child less than 16 years or non working spouse over 60 years.
I was trying to intrepret social security benefits at www.ssa.gov.
It reminded me, what my wife's doctor told us 3-4 years ago (my wife is with the same doctor for the last 6-7 years) � some people in US want to have a child born, when they are getting old � it took me 3-4 years to understand.
Here is story - My wife take X class of medicines due to diabetes (I think this means medicines can adversly harm growth of a child during pregnency). So doctor was trying to explain, whenever we want to have child what precaution we have to take and how they help in this type of situations. We asked doctor- how could we think of having another baby, when our kids are grown up, one finished MS, the other one is doing BS. Doctor�s reply was that some people in US want to have a child born, when they are getting old � there are reasons.
After interpreting SSA pages, I think, now I understand economic part of having child in old ages. If Mr A has accumulated enough social security points, Mr. A�s wife is not working, she is of 44 years and she becomes mother, this child is like insurance. If case of death of Mr. A, wife of Mr. A and Child of Mr. A will keep on getting social security benefits (this is up to 16 years). At the age of 60 (minimum age, when one can get Social Security benefits), Mr A�s wife can start getting her own Social Security benefits.
Getting term (life) insurance is not possible without GC. Three agents tried to help me at different times, they did not succeed � perhaps US lawas are like that. Thinking negatively getting GC may be long wait 5 years, 10 years, 20 years, even 30 years.
Just wondering, is it a common practice to have a child born in old ages as an insurance? Whether H1B people and people at GC path are aware of it?
For me this interpration is a learning and wanted to share it.
I was trying to intrepret social security benefits at www.ssa.gov.
It reminded me, what my wife's doctor told us 3-4 years ago (my wife is with the same doctor for the last 6-7 years) � some people in US want to have a child born, when they are getting old � it took me 3-4 years to understand.
Here is story - My wife take X class of medicines due to diabetes (I think this means medicines can adversly harm growth of a child during pregnency). So doctor was trying to explain, whenever we want to have child what precaution we have to take and how they help in this type of situations. We asked doctor- how could we think of having another baby, when our kids are grown up, one finished MS, the other one is doing BS. Doctor�s reply was that some people in US want to have a child born, when they are getting old � there are reasons.
After interpreting SSA pages, I think, now I understand economic part of having child in old ages. If Mr A has accumulated enough social security points, Mr. A�s wife is not working, she is of 44 years and she becomes mother, this child is like insurance. If case of death of Mr. A, wife of Mr. A and Child of Mr. A will keep on getting social security benefits (this is up to 16 years). At the age of 60 (minimum age, when one can get Social Security benefits), Mr A�s wife can start getting her own Social Security benefits.
Getting term (life) insurance is not possible without GC. Three agents tried to help me at different times, they did not succeed � perhaps US lawas are like that. Thinking negatively getting GC may be long wait 5 years, 10 years, 20 years, even 30 years.
Just wondering, is it a common practice to have a child born in old ages as an insurance? Whether H1B people and people at GC path are aware of it?
For me this interpration is a learning and wanted to share it.
hot Astros houston astros logo
seahawks
09-22 03:28 PM
Hi,
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
She is still in status
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
I am not sure what you mean. She cannot come back in until she has a visa stamped with her new extension. Remembering being in the country and not being out of status is based of your I-94 date, going out is not a problem but you need a current visa stamped for anyone to come back. They won't let you board the plane back to US if her visa stamped in the passport expired Oct 5th.
Appreciate your replies. Thanks so much.
AmolRaj
Again, I am not a lawyer, so please consult with one!
I have changed my employer A last year and received new I-797. However, my employer A did not applied for my wife's extension in 2006.
Now i have changed my employer to B, one week before Employer B has applied for my I-129 and my wife's I-539 extension, which is in pending state now.
My I-94 has been already extended to Sept-2009 with employer A. However my wife's I-94 is going to expire on Oct 5 2007.
She is still in status
Que. My wife has to travel to India on 1st Oct 2007 (before her I-94 expiry date). Can she travel to India as her I-539 (extension to I-94) is in pending state.
I am not sure what you mean. She cannot come back in until she has a visa stamped with her new extension. Remembering being in the country and not being out of status is based of your I-94 date, going out is not a problem but you need a current visa stamped for anyone to come back. They won't let you board the plane back to US if her visa stamped in the passport expired Oct 5th.
Appreciate your replies. Thanks so much.
AmolRaj
Again, I am not a lawyer, so please consult with one!
more...
house HOUSTON ASTROS LONE STAR
eadguru
10-04 08:30 PM
:)
Hi Tnite,
Thank you for your feed back.
Thanks,
EADGuru
Hi Tnite,
Thank you for your feed back.
Thanks,
EADGuru
tattoo wallpaper houston astros
ajju
09-07 12:14 AM
I dont think it is allowed. One would think that working outside the US while you are waiting for "Adjustment of Status" would be considered abandonment of your I 485
Still its good to check with your attorney first...
Still its good to check with your attorney first...
more...
pictures houston astros star tattoo
draino
04-15 10:38 AM
Thanks, actually the clouds I took from a tutorial I made for Fireworks and the barn is an idea I'm working on for a website for my brother's farm in Vermont.
I can see the south park resemblance though.
Wayno
I can see the south park resemblance though.
Wayno
dresses Houston Astros Authentic On
kumar1
10-11 08:51 PM
You can not use interfiling across categories. You can only use interfiling between few EB categories. You are better off moving to family based quota, all you need to prove is she is your sister. Good luck.
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
People in this forum are struggling to get GC on Employeement category, since you have a family stream possibility and which is current as per you note above, I would advise you to help us by moving you and your husband to family category.......thanks in advance for giving us 2 visa numbers. :D
more...
makeup Houston Astros Ladies All-Star
needgreen
09-06 09:43 AM
it is fine to have both I-485s filed and pending - generally speaking, if one gets approved, USCIS should deny the other (as a LPR you will no longer be eligible to adjust your status to lpr).
Thank you very much for your reply. Just wanted to know what is "LPR"?
Thank you very much for your reply. Just wanted to know what is "LPR"?
girlfriend former Houston Astros star
dohko
01-11 08:16 PM
any thoughts?
hairstyles Houston Astros Authentic On
pani_6
11-11 12:33 PM
With the elections changing the senators..we have to contact the new senators to pass our bills..so we need to write to new and important senators to pass the Bills...I was wondering if anybody had a list of new senators and thier addresses so that we would write a letter...sign in by hand and post...I have allways seen that sending sending Fedex is better that sending 37 cents stamped letter...but at least we should send in the 37cent letter..
Our activism will save us from this being taken up after the 2008 election!!.
The leaders have already mentioned that they have a common ground on immigration..we just need to stir up a debate and things will pass...
We are in the final lap..dont loose sight..!! ..IV is doing a Great Job!!
Our activism will save us from this being taken up after the 2008 election!!.
The leaders have already mentioned that they have a common ground on immigration..we just need to stir up a debate and things will pass...
We are in the final lap..dont loose sight..!! ..IV is doing a Great Job!!
raamskl
11-25 09:39 PM
hm, didn't know that. Thanks Wandmaker.
Am assuming that in this case clarify has to get his part time employer to file for a NEW h1, which ofcourse means he is under the h1b quota, which was exhausted on the first day they started accepting it for 2008.
So I guess clarify is better off with his EAD.
Cheers.
Am assuming that in this case clarify has to get his part time employer to file for a NEW h1, which ofcourse means he is under the h1b quota, which was exhausted on the first day they started accepting it for 2008.
So I guess clarify is better off with his EAD.
Cheers.
shreekhand
09-18 12:39 PM
It all depends on their background check and security requirements.
As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).
As a non-US citizen your EAD has the same worth as a H1B for these jobs. Same is the case for LPR's for US Federal jobs with various security clearance checks (where only US Citizens can apply).
No comments:
Post a Comment