maharshijb
05-04 12:06 PM
I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?
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freeskier89
01-02 02:29 AM
Megaswf.com seems to work :)
rkiran
12-03 02:26 PM
Hi vin13,
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
Do you also need documents to prove relationship with the person who is ill? If so what kind of documents would suffice?
I have an appointment tomorrow and only have a letter from the doctor.
Thanks,
We had a emergency situation last year. We had already filed our AP documents a couple of months ago but had not been approved. We went to USCIS office and showed hospital letter as a proof for emergency. They made us fill a new application and AP was approved in 1 day.
If you do not get help in one of the offices, try your luck at another USCIS office.
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kaisersose
10-17 11:47 AM
Hi,
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
By definition, if they were similar, they would be under the same main code.
Otherwise, we can find something common between any two jobs in this universe and claim similarity. This is open to interpretation and we should not rely on USCIS to be favorable in their interpretations all the time. Hence, I suggest you avoid such risks. But I would also add that you should be consulting attorneys and getting professional counsel in this matter.
My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?
Thanks,
By definition, if they were similar, they would be under the same main code.
Otherwise, we can find something common between any two jobs in this universe and claim similarity. This is open to interpretation and we should not rely on USCIS to be favorable in their interpretations all the time. Hence, I suggest you avoid such risks. But I would also add that you should be consulting attorneys and getting professional counsel in this matter.
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snathan
02-13 01:14 AM
H1B - LCA Related Issues - How can we save ourselves ???
HI
I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.
HI
I guess everybody know by now that ICE arrested 11 H1 workers mainly due to mail fraud/wire fraud, and these frauds
I am starting this thread to discuss what we can do to save ourselves from LCA related issues.
** LCA is very important and H1 b employees should work as per LCA - Period.
Location, job and every thing should be as per LCA. No questions.
I am afraid, most of the H1b guys do not even have LCAs with them.
** This is very concerned for all the DESI Consulting companies H1 employees, as we never work at LCA place. I am going to give ultimatum to my employer to change LCA and keep all the docs in place. Otherwise i am going to change to employer, where they are good wrt papers.
Please throw your suggestions to make our H1 system clean and save H1 employees.
Whenever you move from one state to another....urge your employer to file the LCA amendment. Thats the only way to save ourself.
Appu
09-11 01:10 PM
http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
Ha! If that is so, how come their own friggin website shows a 6 month backlog:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska
According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.
Ha! If that is so, how come their own friggin website shows a 6 month backlog:
https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska
more...
bestia
07-20 02:37 AM
I think another argument would be to request a statistics of how many actual terrorists or big criminals FBI caught during that "name check" process. Why would a terrorist apply for LC/I-140/I-485, go to FP, sit at the same address for years, provide his true identity and real (not fake) documents, and wait while FBI will check his name? And then he will sit and wait until FBI will knock his door? Did FBI catch at least ONE person during that process?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
Another argument. Why GC should be issued only AFTER name check? What difference from security stand point makes if a person on GC or on EAD/AP cycle? If he is a terrorist he suppose to be caught, interrogated, charged, centenced, deported. The law allows doing that on either GC or EAD/AP stage. So then why torture people on EAD/AP stage for years?
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lostinbeta
10-21 01:51 AM
lol. Yeah I know your just kidding about that 3rd grader stuff mr. Iworkedforeidosandnike :P
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jediknight
03-26 01:57 AM
I voted up the Immigration questions.
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
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kirupa
10-12 10:07 PM
Oh, I made them out of your PSD file :)
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transpass
09-28 12:48 PM
This is the new thread to mention your rejection reasons.
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
Did u hear anything my friend? I am getting tensed now and crossing fingers......
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
Did u hear anything my friend? I am getting tensed now and crossing fingers......
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sudhirvallam
10-24 06:39 PM
The below memo from USCIS clearly states that your H1B will be valid if you use EAD for secondary job.
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?
Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
Amended INS Memo on H/Ls Traveling on Advance Parole, U.S. Immigration, Law Offices of Carl Shusterman (http://shusterman.com/handlvisas-travelingonadvanceparole.html)
more...
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Azgc005
07-19 09:04 PM
Provided your future employer is willing to transfer H1-B
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mnq1979
10-23 10:48 AM
Bad idea to leave after two days. He should allow for 3 business days at least and then go to Pak.
I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.
And yes I'm from Pakistan :)
Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?
secondly can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform u? do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?
thanks n sorry for the multi threads !!!!
I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.
And yes I'm from Pakistan :)
Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?
secondly can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform u? do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?
thanks n sorry for the multi threads !!!!
more...
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gondalguru
06-20 11:52 AM
I thought that you can use AC21 only if you work for employer and I-485 pending more than 180 days and then you leave the employer to work for somebody else.
Is it possible to use prior employer's I-140, Empolyment offer letter - and file I-485 for future employment--- wait 6 months and then use AC21 clause to get greencard - All these while working for company other than original employer who file I-140?
Is it possible to use prior employer's I-140, Empolyment offer letter - and file I-485 for future employment--- wait 6 months and then use AC21 clause to get greencard - All these while working for company other than original employer who file I-140?
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eb3retro
02-06 11:17 PM
I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.
H1B:
1. Spouse cannot work.
2. Do not worry about 485 rejection.
3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
4. No expenses for the employee for H1 related issues ( legally).
5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.
EAD / AC21:
1. Spouse can work.
2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
4. No stamping, but advance parole required.
5. Spend yearly on parole, EAD.
Anything else to be added to the above list?
EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...
H1B:
1. Spouse cannot work.
2. Do not worry about 485 rejection.
3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
4. No expenses for the employee for H1 related issues ( legally).
5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.
EAD / AC21:
1. Spouse can work.
2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
4. No stamping, but advance parole required.
5. Spend yearly on parole, EAD.
Anything else to be added to the above list?
EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...
more...
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bidhanc
05-11 12:35 PM
Hi,
I believe the number is
1-800-989-TALK
Call in once it's on the air.
Bidhan
I believe the number is
1-800-989-TALK
Call in once it's on the air.
Bidhan
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sixburgh
06-28 04:51 PM
Let me rephrase. You can have both but you can only enter in as one status. Whatever you enter in as, that will be your status. If you have not entered in as AP, You can enter the US on H-1b without impacting your AOS.
Status of EAD/AP vs. H/L (http://www..com/greencard/adjustmentofstatus/eadap-hl.html)
This is bad then for me.
Cos, If I enter on h1, then my wife will automatically become h4 status right?
She is also on EAD and working!
Status of EAD/AP vs. H/L (http://www..com/greencard/adjustmentofstatus/eadap-hl.html)
This is bad then for me.
Cos, If I enter on h1, then my wife will automatically become h4 status right?
She is also on EAD and working!
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delhirocks
07-22 02:06 AM
New fee is 1010 (I-485 + FP) + $305 (AP) + $340 (EAD) = $1655
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
Nope 1010 includes everything...and yes, we do not have a choice. Even if we submit new fees, we will not be entitled to the benefits.
same_old_guy
04-23 07:33 PM
I did that too 2 months ago. FOIA/PA processing is "super" backlogged. I got a letter stating it's complex type !
I called up customer support number and gave them the control number , they said it's in 79K position in a 86K queue ! They process 5-6K every month !! Do the math.
I called up customer support number and gave them the control number , they said it's in 79K position in a 86K queue ! They process 5-6K every month !! Do the math.
pappu
06-08 10:37 AM
/\/\/\/
Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.
Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.
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