sheela
06-26 02:59 PM
I don't know how to start a new post so place here....
I was working on a H1B.
Husband - who is the premary person applied for Green card. When his priority date was current he applied for I-485 for both of us.
After getting my EAD I started working on EAD for 1 month and got the paystubs for past one month. Now looking for new job.
Which status Am I - H1B or EAD...:confused:
Now If I am on EAD can I take a break for 3 months before the next job offer.
Thanks for your replys in advance....
Once you start working on EAD you are no more on H1B. Your future employer can apply for H1B for you. Your previous H1B is automatically 'abandoned' as you used EAD
I was working on a H1B.
Husband - who is the premary person applied for Green card. When his priority date was current he applied for I-485 for both of us.
After getting my EAD I started working on EAD for 1 month and got the paystubs for past one month. Now looking for new job.
Which status Am I - H1B or EAD...:confused:
Now If I am on EAD can I take a break for 3 months before the next job offer.
Thanks for your replys in advance....
Once you start working on EAD you are no more on H1B. Your future employer can apply for H1B for you. Your previous H1B is automatically 'abandoned' as you used EAD
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chitta123
02-08 09:45 PM
Good Luck, many of us gone thru this but this retro making the things worse.
As mentioned by rb_248 also i am repeating again
What kind of job are you looking for? ( Main skillset )
Where are you located now ??
Are you willing to move ??
Post the details May be someone at IV could help you.
On the side note,
There are lot of debates, bickering , angry , jolly, sad comments in the other threads or say in IV , but when I saw something like this encouraging responses , i feel so happy. Thanks folks.
Thank you and all the others who replied. It has all been very very helpful.
Actually, it is not the job I am worried about. I have already talked to my ex-boss about a position in his company.
The thing which concerns me is the ability extend my H1B beyond 6 years using the I-140 approved with my current employer. My lawyer was saying that it is not possible. But I do not trust him very much. He has often seemed very bookish, before also.
From the replies in this forum and other places, it seems like it is possible. Also, I found this in a USCIS document.
Question 7. Should service centers or district offices deny a request for an H-1B extension beyond the 6-year limit where the labor certification or immigrant petition from an employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be from the same employer requesting the H-1B extension.
I am going to talk to another lawyer next week and will post what he says here.
As mentioned by rb_248 also i am repeating again
What kind of job are you looking for? ( Main skillset )
Where are you located now ??
Are you willing to move ??
Post the details May be someone at IV could help you.
On the side note,
There are lot of debates, bickering , angry , jolly, sad comments in the other threads or say in IV , but when I saw something like this encouraging responses , i feel so happy. Thanks folks.
Thank you and all the others who replied. It has all been very very helpful.
Actually, it is not the job I am worried about. I have already talked to my ex-boss about a position in his company.
The thing which concerns me is the ability extend my H1B beyond 6 years using the I-140 approved with my current employer. My lawyer was saying that it is not possible. But I do not trust him very much. He has often seemed very bookish, before also.
From the replies in this forum and other places, it seems like it is possible. Also, I found this in a USCIS document.
Question 7. Should service centers or district offices deny a request for an H-1B extension beyond the 6-year limit where the labor certification or immigrant petition from an employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be from the same employer requesting the H-1B extension.
I am going to talk to another lawyer next week and will post what he says here.
gc_on_demand
05-17 11:58 AM
It took 30 sec with saved browser data.. Nice job.. I will forward to all my friends.
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rr_immaculate
12-17 10:36 AM
Employer B applied for H1B transfer and it was approved in september,2008.But I am still in the payroll of employer A and have not joined B yet(no paystubs etc). Employer A knows this and has not revoked my H1B (visa valid till december 2009 and have got it stamped already). I would like to travel to India in this situation (emergency).
I still intend to work for A after my travel.
1. Will it be a problem at the port of entry with my visa transferred to B,but me still being the payroll of A and intend to continue with A after my travel? (my H1B visa with A is valid till december,2009)
2. What supporting documents do I have to carry with me other than a recent employment confirmation letter,paystubs from employer A?
Currently, I am into the 2nd year of the first 3 years of H1B.I checked with my attorney and she said its ok to come back with the employer A visa.
Please let me know.
Thanks!
I still intend to work for A after my travel.
1. Will it be a problem at the port of entry with my visa transferred to B,but me still being the payroll of A and intend to continue with A after my travel? (my H1B visa with A is valid till december,2009)
2. What supporting documents do I have to carry with me other than a recent employment confirmation letter,paystubs from employer A?
Currently, I am into the 2nd year of the first 3 years of H1B.I checked with my attorney and she said its ok to come back with the employer A visa.
Please let me know.
Thanks!
more...
Jaime
09-06 05:59 PM
I know you're thinking about it...probably sitting on the fence and deciding which way to go? Choose your freedom!
walking_dude
09-04 04:32 PM
TOP 5 Excuses
1) Participating in the rally may jeopardize my position
Completely baseless. Rally is being organized after due permission from authorities. Further more IV designated volunteers will be there to ensure it's conducted smoothly. We will not be doing anything that provokes Americans like carrying our National Flags or incendiary slogans and dishonoring of American flags as seen during the rallies of 'undocumented aliens'. We will only be carrying IV approved banners which will not contain anything offensive.
Freedom of Speech/Expression and right to petition are constitutionally guaranteed rights, even to non-citizens. No one can use that against you. No one deport you for participating in a peaceful rally. All of us are highly educated people who don't have a propensity to indulge in violence and/or property damage witnessed during other protests.
2) Rallies are bad. Bad things may happen at a Rally
Perception is a result of our experience with so-called 'Rallies' back home and some here that turn violent. The primary reason for such lawlessness being the nature of participants - uneducated and/or unemployed anti-social elements. Also the political nature of such rallies, conducted by the opposition to inconvenience the incumbent government.
IV rally will be peaceful, as the participants are highly educated, well-employed people with families. Also IV is conducting the rally to petition the government to change rules and not to bring down/change the government.
If you need a precedent, we have the Flower protests and SJ rally , both conducted peacefully in a professional manner. In fact a cop even expressed admiration for the way IV protesters conducted themselves, orderly and peacefully.
3) People who do rallies are good-for-nothings who don't have a better thing to do. I might become an object of ridicule if I participate in one and people find about it. People might think I'm crazy.
Far from truth. Everyone's gainfully employed people just like you. We aren't different from anyone else, except that we have decided to fight for our common cause based on the understanding that strength lies in unity and numbers.
People ridiculing others is as old human habit as Columbus himself. Many ridiculed Columbus when he set sail for India. If he had backtracked, there wouldn't be America and we wouldn't be here.
If fighting for what's right is crazy, yes, I'm crazy. If standing upto fight for my career and my family is crazy, yes, I'm crazy. However, only a little more than people who expect to recieve GC in 2 years, without anybody doing anything to change the situation.
4) There is no reason for the Rally. The situation will remedy itself. In the recent past people have received GC in 2-4 years and so shall I. ( Do-Nothings)
Harking back to good ol' science textbooks, let me remind you of Newton's First law of motion - 'Every body [ EB immigrants] will continue in a state of rest or uniform motion [ retrogression] unless acted upon by an external force [IV actions] to change it'. Newton understood it centuries ago. We need to understand it now.
Situation was different in the recent past as thousands were caught hopelessly in BECs. There was no FBI check. No I-140 backlogs. No 485 frontlogs and backlogs. There weren't 300,000 to 500,000 applications pending for AOS.
5) Rally will not succeed. Even if does succeed, my non-participation will not make a difference.
Numbers make all the difference, in a democracy. When a politician sees a crowd, the thing that runs foremost in his mind is 'Votes'. More the merrier (the reason why undocumented aliens being 12 million are treated on priority basis compared to less numerical EB migrants).
When a senator/congressman is faced with a thousand 'Future American Citizens' ( so called 'Americans in Waiting') - he has two choices antagonize by ignoring them or help them achieve their goals. Any sane politician will opt for the latter, when those thousand future votes could mean the difference between re-election vs. defeat.
That's why it's important to show up in good numbers. If we approach them individually, they may and for all purposes will ignore us. But if we show up in good numbers, we will make them rethink their position and encourage to take more pro-immigrant positions.
Though, it might seem one or two absentees don't make much of a difference, in real life it does. These ones and twos are the ones that add upto to great numbers. If we miss out on these ones and twos, we might never reach the numbers we intend to. So it's very important for every one of us to participate.
1) Participating in the rally may jeopardize my position
Completely baseless. Rally is being organized after due permission from authorities. Further more IV designated volunteers will be there to ensure it's conducted smoothly. We will not be doing anything that provokes Americans like carrying our National Flags or incendiary slogans and dishonoring of American flags as seen during the rallies of 'undocumented aliens'. We will only be carrying IV approved banners which will not contain anything offensive.
Freedom of Speech/Expression and right to petition are constitutionally guaranteed rights, even to non-citizens. No one can use that against you. No one deport you for participating in a peaceful rally. All of us are highly educated people who don't have a propensity to indulge in violence and/or property damage witnessed during other protests.
2) Rallies are bad. Bad things may happen at a Rally
Perception is a result of our experience with so-called 'Rallies' back home and some here that turn violent. The primary reason for such lawlessness being the nature of participants - uneducated and/or unemployed anti-social elements. Also the political nature of such rallies, conducted by the opposition to inconvenience the incumbent government.
IV rally will be peaceful, as the participants are highly educated, well-employed people with families. Also IV is conducting the rally to petition the government to change rules and not to bring down/change the government.
If you need a precedent, we have the Flower protests and SJ rally , both conducted peacefully in a professional manner. In fact a cop even expressed admiration for the way IV protesters conducted themselves, orderly and peacefully.
3) People who do rallies are good-for-nothings who don't have a better thing to do. I might become an object of ridicule if I participate in one and people find about it. People might think I'm crazy.
Far from truth. Everyone's gainfully employed people just like you. We aren't different from anyone else, except that we have decided to fight for our common cause based on the understanding that strength lies in unity and numbers.
People ridiculing others is as old human habit as Columbus himself. Many ridiculed Columbus when he set sail for India. If he had backtracked, there wouldn't be America and we wouldn't be here.
If fighting for what's right is crazy, yes, I'm crazy. If standing upto fight for my career and my family is crazy, yes, I'm crazy. However, only a little more than people who expect to recieve GC in 2 years, without anybody doing anything to change the situation.
4) There is no reason for the Rally. The situation will remedy itself. In the recent past people have received GC in 2-4 years and so shall I. ( Do-Nothings)
Harking back to good ol' science textbooks, let me remind you of Newton's First law of motion - 'Every body [ EB immigrants] will continue in a state of rest or uniform motion [ retrogression] unless acted upon by an external force [IV actions] to change it'. Newton understood it centuries ago. We need to understand it now.
Situation was different in the recent past as thousands were caught hopelessly in BECs. There was no FBI check. No I-140 backlogs. No 485 frontlogs and backlogs. There weren't 300,000 to 500,000 applications pending for AOS.
5) Rally will not succeed. Even if does succeed, my non-participation will not make a difference.
Numbers make all the difference, in a democracy. When a politician sees a crowd, the thing that runs foremost in his mind is 'Votes'. More the merrier (the reason why undocumented aliens being 12 million are treated on priority basis compared to less numerical EB migrants).
When a senator/congressman is faced with a thousand 'Future American Citizens' ( so called 'Americans in Waiting') - he has two choices antagonize by ignoring them or help them achieve their goals. Any sane politician will opt for the latter, when those thousand future votes could mean the difference between re-election vs. defeat.
That's why it's important to show up in good numbers. If we approach them individually, they may and for all purposes will ignore us. But if we show up in good numbers, we will make them rethink their position and encourage to take more pro-immigrant positions.
Though, it might seem one or two absentees don't make much of a difference, in real life it does. These ones and twos are the ones that add upto to great numbers. If we miss out on these ones and twos, we might never reach the numbers we intend to. So it's very important for every one of us to participate.
more...
gunabcd
07-17 10:00 PM
I hope you understand that Bigtime's post was thickly laced with sarcasm.
It was so intelligently written, that many "skilled workers" did not get it.
It was so intelligently written, that many "skilled workers" did not get it.
2010 Alice Goodwin
desi3933
02-02 02:00 PM
There are around 400 immigration litigation lawyers. If 10 members can volunteer and send this template it can be done. I am in between projects and I cannot devote any more time for this. ...
If you are so sure about this, why don't you consider spending your own money to get initial professional consultation. May be that will enlighten you. Many laws don't apply to Immigration Laws, so what you have written has no meaning.
Answer just this question - Can an H1-B worker claim that he/she should be sponsored for green card just because his/her coworker has been sponsored? Just think about the answer and may be you will see the reasoning.
People here are mixing different laws without knowing each law's applicability limitations.
________________
Not a legal advice.
If you are so sure about this, why don't you consider spending your own money to get initial professional consultation. May be that will enlighten you. Many laws don't apply to Immigration Laws, so what you have written has no meaning.
Answer just this question - Can an H1-B worker claim that he/she should be sponsored for green card just because his/her coworker has been sponsored? Just think about the answer and may be you will see the reasoning.
People here are mixing different laws without knowing each law's applicability limitations.
________________
Not a legal advice.
more...
ksiddaba
06-14 12:29 AM
Hi:
My I-140 has been approved and my PD was Jan 2006. However my company merged with another company recently and I was told I have to re file for a new I-140 with the "new" company. What is your opinion on this matter?
Also my wife is in India right now and needs to go for H4 stamping. Should I wait for her to come back before I file for I-485? Can she file a I-485 later once my I-485 has been filed even though the dates have retrogressed?
My I-140 has been approved and my PD was Jan 2006. However my company merged with another company recently and I was told I have to re file for a new I-140 with the "new" company. What is your opinion on this matter?
Also my wife is in India right now and needs to go for H4 stamping. Should I wait for her to come back before I file for I-485? Can she file a I-485 later once my I-485 has been filed even though the dates have retrogressed?
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gapala
03-20 08:42 PM
I guess nuthing :)
Check this post # 9
http://immigrationvoice.org/forum/showthread.php?t=24470&highlight=transfer
And answer this may be I can learn something from you :)
[COLOR="DarkRed"]
So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the EMP B's petition is approved I lose the approved peition with EMP A ??? COLOR]
In case you missed it, I did answer your question, read the other thread you will find it and I do not want to say "sure you have a lot to learn" not only from me but from others as well on this forum. Lets learn together through these discussions. :)
Check this post # 9
http://immigrationvoice.org/forum/showthread.php?t=24470&highlight=transfer
And answer this may be I can learn something from you :)
[COLOR="DarkRed"]
So in this case if I work for EMP A and apply for a h1b thru EMP B as soon as the EMP B's petition is approved I lose the approved peition with EMP A ??? COLOR]
In case you missed it, I did answer your question, read the other thread you will find it and I do not want to say "sure you have a lot to learn" not only from me but from others as well on this forum. Lets learn together through these discussions. :)
more...
H4_losing_hope
02-12 06:52 PM
please could you top mine off when you have chance so I still feel like I am competing with these long distance runners hehe. Thanks :)
thanks!
thanks!
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uffyegc
04-29 10:06 AM
Contributed 100$. Txn Id: 4UN750088U514160T
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Thanks so much for all the hard work.
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aviko21
10-09 05:38 PM
Though they are a little expensive, Levitt and Needleman In Newyork proved to be extrmely efficient and quick for me.
I only started my process in january 2006 and i got my perm, approved 140, 485 done this year without any queries or rfe's. They reply to every single email that you send them and return every call that you make. Needleman was an officebearer of AILA don;t know if she still is!
I only started my process in january 2006 and i got my perm, approved 140, 485 done this year without any queries or rfe's. They reply to every single email that you send them and return every call that you make. Needleman was an officebearer of AILA don;t know if she still is!
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GC_Fever
06-28 09:43 PM
I and my wife got our approved EADs in our hand in 17 days (Mailing day to USCIS to recevied date by us). Only strange thing is that my EAD is valid from 06/2008 to 06/2009. I thought the new EADs validity would begin when the existing expires. My existing EAD expires on 09/19/2008. I lost 3 months with this renewal.
How can anyone explain this now? Isn't it a money scheme? Is it reasonable to loose 3 months when you had already paid for it? There is always confusion in this whole GC affair. There seems no option than to live with it and move forward.
How can anyone explain this now? Isn't it a money scheme? Is it reasonable to loose 3 months when you had already paid for it? There is always confusion in this whole GC affair. There seems no option than to live with it and move forward.
more...
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purgan
02-13 08:45 AM
IV core needs to develop a thick skin, and not be affected by barking dogs like these.
I'm all for IV!! This is the only organization fighting on behalf of those stuck in GC retrogression. There are some anti-immigrants who come to this website, sign up under Indian identities, and try their darnest best to bog down the efforts....
I'm all for IV!! This is the only organization fighting on behalf of those stuck in GC retrogression. There are some anti-immigrants who come to this website, sign up under Indian identities, and try their darnest best to bog down the efforts....
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sparklinks
02-18 03:34 PM
Can anyone of you guys give me the IV address, where to send letters (3) please.
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god_bless_you
12-01 10:58 AM
For more about Gandhi and Gandhian Philosophy..
check
http://www.mkgandhi.org/index.htm
check
http://www.mkgandhi.org/index.htm
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gc_on_demand
06-26 08:21 AM
bump
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nrakkati
03-24 10:58 PM
I truely hope you are correct and op is out of the woods, but will wait until we get verdict from CIS. nrakkati please post when you hear from CIS on this situation. Good luck with your GC.
Thank you, gapala. I will come back and update.
I did not ask attorney too many questions as he is busy filing the case. But did not say anything like I am in trouble. Hopefully everything turns out good.
Good Luck with your GC too.
Thanks.
Thank you, gapala. I will come back and update.
I did not ask attorney too many questions as he is busy filing the case. But did not say anything like I am in trouble. Hopefully everything turns out good.
Good Luck with your GC too.
Thanks.
capriol
06-16 03:09 PM
USCIS accepts AP renewal applications 120 days in advance of expiring AP. The normal processing time for AP is approx 1-2 months (usually it is about a month). Keep in mind that the new AP which is issued will have an immediate effective date from the date of issue and the start date will not be from the expiry date of old AP. So in most cases you will end up losing some days or even months. If you do not forsee any immediate need to travel you should wait till 30-40 days prior to old AP expiry and then apply. If your travel plans are unknown and you may have to travel if an urgent situation arises, then you should apply 120-90 days in advance to make sure you have AP validity at all times. You will obviously lose some days or months... but then who says everything that USCIS does is fair :)
Dear Friend,
thanks a lot for your clear and precise reply--in both your emails. I also assume (and if you could please clarify that), that an individual also has to pat another $305 dollars during renewal application for the AP. Thanks again.
Dear Friend,
thanks a lot for your clear and precise reply--in both your emails. I also assume (and if you could please clarify that), that an individual also has to pat another $305 dollars during renewal application for the AP. Thanks again.
dixie
12-01 06:55 PM
But I agree with Tito to some extent. Especially, if the degree is from even a slightly lower ranked school like Arizona or Northwestern, the returns are not there, and there is a great deal of evidence in that direction.
But it's still just my 2 cents.
Northwestern lowly ranked for MBA ? gotta be kidding. Kellogg School of business brushes shoulders with the very best including Wharton, MIT and Harvard.
But it's still just my 2 cents.
Northwestern lowly ranked for MBA ? gotta be kidding. Kellogg School of business brushes shoulders with the very best including Wharton, MIT and Harvard.
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