little_willy
05-02 01:51 PM
YES. You can. I know atleast 2 of my colleagues doing this. They got 3-year extension with new employer even when more than 6 months are left in the initial 6 years of H1. This won't be an issue.
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?
wallpaper A PERSON WALKING AWAY
techbuyer77
06-12 05:11 PM
I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
imneedy
05-02 09:25 AM
I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.
I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140
Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.
My pririty date is still not current....
beautifulMind - does your new I-140 have old priority date from EB3?
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140
Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.
My pririty date is still not current....
beautifulMind - does your new I-140 have old priority date from EB3?
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
2011 As the one walking superstock
forgerator
06-14 04:55 PM
What the article author is really wanting to say is "Hey I made it to the US and became citizen, don't try to follow my path because then you will make competition for me and my friends :) "
Typical case of discouraging others to follow your path because you cannot bear to see them succeed.
Typical case of discouraging others to follow your path because you cannot bear to see them succeed.
more...
ita
11-29 03:11 PM
Change add' online in USCIS website. After few days you will receive confirmation letter. Also send AR-11 for to DHS and confirm with USCIS.
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
I changed my address online and confirmed my address with cSR.
I didn't send AR-11 form though.
I didn't get any confirmation mail for address change to the new address..
Is this fine?
Please advice.
Thank you
FYI, i saw 2 LUDs on 485 & EAD from the day i changed the address online.
I changed my address online and confirmed my address with cSR.
I didn't send AR-11 form though.
I didn't get any confirmation mail for address change to the new address..
Is this fine?
Please advice.
Thank you
dbevis
October 24th, 2004, 07:42 PM
My preference was between 3 and 4. But 4 gives me the satisfaction of (or impression of) being at the corner looking into the field. The depth suggested by the rail going off to the right is good, too.
You have some nice clouds to file away for the next time you need to punch up a dull sky.
You have some nice clouds to file away for the next time you need to punch up a dull sky.
more...
ayaskant
01-31 11:08 PM
Hi,
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
2010 Michael Ramirez Cartoon
add78
10-02 09:48 AM
This is a little tricky.
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
more...
bharol
10-09 08:38 PM
Visitor visa/Business visa for Germany .I have plan business trip to Germany but to get visa, German consulate web site saying they will need visa stamp in passport. My visa stamp in passport is expired and I had use AP for my last entry.
Does any have done European visa with above condition .Please share your thoughts?
Thanks
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
Does any have done European visa with above condition .Please share your thoughts?
Thanks
All you need is proof that you shall get entry back in USA.
I got my German visa through www.visanetwork.com
They take some fee but would get Visa for you. They make sure all your papers are OK and would tell you what to do.
hair Graphics and images for people
gauravsh
02-26 01:54 PM
Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.
... so whats your confusion?
No confusion now!! thanks.
... so whats your confusion?
No confusion now!! thanks.
more...
ndny
08-06 03:01 PM
Are there public benefits that aliens can legally receive without worrying that they will be considered a public charge?
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
A: Yes. Not all publicly funded benefits will be considered in deciding whether someone is or is likely to become a public charge. The focus of the public charge definition is on cash benefits for income maintenance and institutionalization for long-term care at government expense. Examples of benefits that will not be considered for public charge purposes include:
Medicaid and other health insurance and health services (including public assistance for immunizations and for testing and treatment of symptoms of communicable diseases; use of health clinics, prenatal care, etc.), other support for institutionalization for long-term care, Children�s Health Insurance Program (CHIP), Nutrition programs including Food Stamps, the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), the National School Lunch and Breakfast programs, and other supplementary and emergency food assistance programs:
Housing assistance
Child care services
Energy assistance, such as the Low Income Home Energy Assistance Program (LIHEAP)
Emergency disaster relief
Foster care and adoption assistance
Educational assistance, including benefits under the Head Start Act and aid for elementary, secondary, or higher education
Job training programs
In-kind, community-based programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter).
Are health care benefits and enrollment in health insurance programs like Medicaid and CHIP considered for public charge purposes?
A: No, not unless an alien is primarily dependent on the government for subsistence as demonstrated by institutionalization for long-term care at government expense. In particular, USCIS and the State Department will not consider participation in Medicaid, CHIP, or similar state-funded programs, for public charge purposes. This approach will help to safeguard public health while still allowing USCIS and the State Department to identify people who are primarily dependent on the government for subsistence by looking to the receipt of public cash assistance for income maintenance. In addition, short-term institutionalization for rehabilitation will not be considered for public charge purposes.
hot PERSON WALKING AWAY CLIP ART
krish_krish
01-05 12:27 PM
Folks
Is anyone has done adjustment of status from B2 to H1.
My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.
Thanks
Is anyone has done adjustment of status from B2 to H1.
My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.
Thanks
more...
house Shy bride walking away
logiclife
01-05 01:42 PM
In addition to that, there is a 90% chance that there will be an inquiry from USCIS when change of status petition (B1/B2 to H1) is filed, mostly asking the routine questions and the query would have to be replied by a good attorney in a proper manner.
That would cost your friend here some money as replying the USCIS inquiries is pretty routine but its not free and lawyers would charge you $$ for that. If you are doing this thru a small company, the company might charge you / your friend here for reply to the USCIS query. It would be a minimum of $1000 to respond to such inquiries by an average attorney.
Its better to go to India, get a fresh H1 approval (I-797) for yourself, get the visa stamp of H1 on your passport in India and then come here. You wont be able to start working until Oct 1 anyways.
Also, please dont open 2 threads for the same question. I am going to delete the other thread.
That would cost your friend here some money as replying the USCIS inquiries is pretty routine but its not free and lawyers would charge you $$ for that. If you are doing this thru a small company, the company might charge you / your friend here for reply to the USCIS query. It would be a minimum of $1000 to respond to such inquiries by an average attorney.
Its better to go to India, get a fresh H1 approval (I-797) for yourself, get the visa stamp of H1 on your passport in India and then come here. You wont be able to start working until Oct 1 anyways.
Also, please dont open 2 threads for the same question. I am going to delete the other thread.
tattoo believer walking away from
urstruly
07-27 12:42 AM
485 was approved on 7/26/07. Wife's 485 was delivered by Fedex to Nebraska Service Center on 7/19/07.
Is wife OK and does this mean her 485 is pending(even though receipt is not sent by USCIS yet) or she is going to be out of status???
Thanks,
Is wife OK and does this mean her 485 is pending(even though receipt is not sent by USCIS yet) or she is going to be out of status???
Thanks,
more...
pictures cartoon girl walking away. cartoon girl face sad. bob
syedajmal
09-22 12:50 PM
Hi Sydeajmal,
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
I got my AP approved on 09/13 and got the documents on 09/20
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
I got my AP approved on 09/13 and got the documents on 09/20
dresses Textures,woman walking from
nousername
07-22 07:57 PM
Well said
On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!
On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!
more...
makeup cartoon girl walking away. Cartoon Girl Emo
mjdup
12-14 11:35 PM
OK, I will just call them first thing tomorrow morning to see if I can get admission. May be after that I will get in touch with you and we can approach him as team, will that work?
girlfriend people awoman walking
dealsnet
01-13 10:13 AM
Six years is the time you spent in USA. Not from the approval date. If you take vacation and go out from USA, you can deduct that period also.
You can try to stamp, if the H1B company give you a new job offer letter and other documentation. You must ready to answer the question about the delay in stamping.
No harm in trying. Or try to find another employer to file for H1B transfer, or with the same employer can file an amended petition with new start date and new salary offer, and after getting that approval, go for stamping.
I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval
Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)
If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?
Thanks a ton for your service and pls help me out.
Regards,
Alex
You can try to stamp, if the H1B company give you a new job offer letter and other documentation. You must ready to answer the question about the delay in stamping.
No harm in trying. Or try to find another employer to file for H1B transfer, or with the same employer can file an amended petition with new start date and new salary offer, and after getting that approval, go for stamping.
I had applied for a visa back in 2007 and the initial approval was for 3 years till 2010 Oct.I have 9 years of IT exp and I have been in US before on a H1B visa through a top Indian IT firm for 2 years. The visa that I applied in 2007 is through a small but well functioning IT consulting firm. I lived in India then but now I am working in Toronto in Canada.
Because of the recession and bad market I couldnt make a move and I didnt get the visa stamped on my passport too after the approval
Since the market is getting better, I plan to get it stamped the coming year as and when I get a job opportunity. Since the initial approval was till 2010 and I never got it stamped, can I still schedule for stamping now or should I go for an entirely new one now. As the visa runs for 6 years, would I be able to use it only till 2013 (6 years from 2007) or once I get it stamped this year (2010) , I can use it till 2016 ?
I heard that embassies scrutinize each case for fraud (although mine is based on real skills and job opportunities) I just want to avoid any issue with the stamping. I rather then go for a new visa if such a risk exists ( to avoid such an investigation or enquiry shadowing future prospects)
If it comes to me applying for a new visa, would I be subject to cap again or am I cap free as I have been counted earlier in 2007 ?
Thanks a ton for your service and pls help me out.
Regards,
Alex
hairstyles cartoon girl walking away. Heartbroken Cartoon Girl.
h1_b_visa_holder
09-23 02:34 PM
I have a similar question.
I have approved I-140 using which I have received 7th year H1 extension for 3 years.
I am planning to change my job now. I understand that when my new employer files H1 Transfer they would need an approved I 140 from the previous employer to request 3 year extension. However, my previous employer is not giving me the I 140 approval notice. However, I have the I 140 receipt notice. Can I use that for my H1 extension/transfer with new employer.
Thanks
I have approved I-140 using which I have received 7th year H1 extension for 3 years.
I am planning to change my job now. I understand that when my new employer files H1 Transfer they would need an approved I 140 from the previous employer to request 3 year extension. However, my previous employer is not giving me the I 140 approval notice. However, I have the I 140 receipt notice. Can I use that for my H1 extension/transfer with new employer.
Thanks
sweet23guyin
12-16 07:03 PM
I traveled ORD-HYD via Frankfort last month with out stamping; but has AP in hand. No one questioned or looked at my AP. If you have a Indian passport I think you should be good to got back; problem is only when you want to come back to US with out AP or stamping.
chantu
06-30 10:19 AM
Chantu, you did not understand my question. My question is not about where i should file NOW, but it's about where i filed LAST YEAR. it's about Question # 11.
I am sorry about that.
I am sorry about that.
No comments:
Post a Comment