wandmaker
04-26 03:58 PM
My friend's on her 6th year H1B and it will expire on Sept 10, 2010. A PERM labor was filed and the Labor went into an audit, responses were sent immediately.
If she transfer her H1B to new company.
1. Can she ask for 1 year extension based on her pending labor ? Does she need to wait till the labor gets approved ?
2. Can she use Premium Processing for H1 transfer?
#1 - Yes, as long as the PERM is pending and at least 365 days old at the time of filing H1B extension
#2 - Yes, Premium processing available at the additional cost of $1000
If she transfer her H1B to new company.
1. Can she ask for 1 year extension based on her pending labor ? Does she need to wait till the labor gets approved ?
2. Can she use Premium Processing for H1 transfer?
#1 - Yes, as long as the PERM is pending and at least 365 days old at the time of filing H1B extension
#2 - Yes, Premium processing available at the additional cost of $1000
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nat23
05-24 08:24 PM
r u guys sure that u arent reading the text introduced by Harry Reid? This is last years Bill...the one they are debating is from Kennedy....
Compare it with CIR of last year and if they are same then you are looking at the wrong one.
Compare it with CIR of last year and if they are same then you are looking at the wrong one.
maximus777
10-15 10:49 AM
I dont think this is going to affect non immigrant community (read as H1s, GC etc). This is all about politics to gain the support of rich and influential Indian American community for the DNC and upcoming elections.
This is what politicians do, be it the US or India or any place on earth. BHO is one of them, isnt he? :cool:
This is what politicians do, be it the US or India or any place on earth. BHO is one of them, isnt he? :cool:
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deepimpact
08-16 02:38 PM
I travelled via Frankfurt with a valid I-797 and without a current H1B visa stamp (was going to India for my 1st stamping) last year. I had confirmed with the German Counsulate in US that as long I have valid I-797 I don't need a transit visa.
more...
AdilAhmed
04-28 04:54 PM
cool thanks, r there any tutorials for this?
sukhwinderd
09-11 10:35 AM
keep in touch with me. i will try to go to local office after 90 days (ie after oct 2nd) in case i dont get EAD by then (my lawyer sent my 485 on 6.29.2007) . its just to expedite not for interim EAD. cause they dont issue interim EADs anymore.
but if you have decided to file for H1 then no point in waiting for another month.
in my case the lawyer takes too much money, even though i dont pay directly but it comes out of my salary, ultimately thats why i am not pushing for my H1 extension.
also i am hoping i will get my 140 by then so that i can get 3 yr extension.
but if you have decided to file for H1 then no point in waiting for another month.
in my case the lawyer takes too much money, even though i dont pay directly but it comes out of my salary, ultimately thats why i am not pushing for my H1 extension.
also i am hoping i will get my 140 by then so that i can get 3 yr extension.
more...
sammyb
03-22 09:26 AM
Sounak,
Along with personal belongings you can left the phone in the security area of the consulate ...
My mom was there recently and she had no issue ...
Sammy
My parents are going for visa interview in kolkata. I heard they dont allow mobile phone inside the consulate. Is there any storage spot to leave them ?
sounak
Along with personal belongings you can left the phone in the security area of the consulate ...
My mom was there recently and she had no issue ...
Sammy
My parents are going for visa interview in kolkata. I heard they dont allow mobile phone inside the consulate. Is there any storage spot to leave them ?
sounak
2010 mom is somewhat hot,
alterego
05-04 11:55 AM
You can have a contract written for the required 5 yr period, where you and the employer have a without cause 60 or 90 day opt out clause. Many contracts are structured that way and there have not been problems previously. The main thing is the letter that comes form the State Dep't of heath supporting your petition. Speak with the point person in your state and they will be able to guide you.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
more...
hmehta
06-21 12:18 PM
Labor as such is not for a specific person (although you have to provide individual details for filing it), it is essentially for justifying a position within the company, so it's more company related than individual. Hence, USCIS allows transfers of labors as it is not bound to the individual for whom it was applied.
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mzdial
June 13th, 2004, 01:29 AM
And all you thought I did was shoot Dphoto members!
Most of these were shot using the new 75-300 DO that Bob let me test out. (Thanks again Bob!) I'm impressed with the lens. I may be adding it to the arsenal as a good travel lens.
Anyways, here are my pics of our gracious model Julie:
http://www.dphoto.us/forumphotos/showgallery.php/cat/723
It was great meeting all of you that traveled to Indy in such a short, spontaneous get together.
-- Matt
Most of these were shot using the new 75-300 DO that Bob let me test out. (Thanks again Bob!) I'm impressed with the lens. I may be adding it to the arsenal as a good travel lens.
Anyways, here are my pics of our gracious model Julie:
http://www.dphoto.us/forumphotos/showgallery.php/cat/723
It was great meeting all of you that traveled to Indy in such a short, spontaneous get together.
-- Matt
more...
gcForV
07-19 10:57 AM
Thnx will let you know wht I did
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ashwaghoshk
04-14 09:44 AM
yes, they are right. if you try to file GC now then they will calculate your stay period and ask you to leave the country immediately (they wont even wait for july 2011). I think it makes sense to go out of country asap for one full year, come back with new H1 and then start the GC process. Alternatively if ur spouse is working and is on valid status then convert to H4. you can start ur GC process on H4 too. Once labor is approved activate your H1 and file for 7th-8th year extension.
im not a lawyer but my experience with immigration gives me the knowledge to suggest you the above. in such critical time its always worth to contact an immigration lawyer and seek advice.
im not a lawyer but my experience with immigration gives me the knowledge to suggest you the above. in such critical time its always worth to contact an immigration lawyer and seek advice.
more...
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vijay0101
06-21 12:13 PM
yes still labor transfer is possible ..But you have to very carefull.. you need to find what was companys financial position at that time when labor was filled. wheather you were fullfiling your experience as required in Labor at that time... and you need to check the companys situation if it is not blaclisted by DOL.
It is just my openion you can check with attorney's.
It is just my openion you can check with attorney's.
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looivy
08-12 02:48 PM
Hi,
I work for Company A. My labor and I-140 has been approved with Company A. I am in my 9th year H1 extn.
I plan to join Company B using H1 transfer (AC21) and they also help me continue my I-485 by proving similarity of job.
There is a high likelihood that Company A will revoke my I-140 once I tell them I am leaving to join company B. I am safe with B because H1 transfer and I-485 has been done prior to I-140 revocation.
However, if I were to join a third Company C using H1 transfer (AC21). Can I do it and also keep my I-485 pending? Please advise.
I work for Company A. My labor and I-140 has been approved with Company A. I am in my 9th year H1 extn.
I plan to join Company B using H1 transfer (AC21) and they also help me continue my I-485 by proving similarity of job.
There is a high likelihood that Company A will revoke my I-140 once I tell them I am leaving to join company B. I am safe with B because H1 transfer and I-485 has been done prior to I-140 revocation.
However, if I were to join a third Company C using H1 transfer (AC21). Can I do it and also keep my I-485 pending? Please advise.
more...
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kirupa
04-16 01:46 AM
Oh no - I really really liked your Swift 3D text. I meant the 5c. Sorry about the confusion. The Swift 3D text is part of their logo. You can't change that :P
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nursekm
09-24 06:54 PM
Hello,
My situation:
I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.
My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.
I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).
I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.
My question is :
1) Can I file for I-765 based on pending I-485 (Family Based IR1).
2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?
In brief,
How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
What documents should I turn in ?
How do I explain USCIS about the situation?
My situation:
I have I-485 pending at NSC EB3 category with July 2007 filing date. My I-140 is approved. I am planing to quit my job and get a job in different job qualification.Hence cannot file AC21.
My wife got naturalized and after researching online, I made a decision to file new 485 with I-130,I-864 and I-131. My AP based on employment based 485 is expired and hence I applied for new I-131 through family based thus saving money.
I did not apply for I-765 (Family Based) as I had an active EAD untill 2012(Employment Based).
I am to quit my job and afraid that my I-140 (Approved Jan 2008) will be pulled and hence my I-485(Employment Based) will be denied/revoked. Since my active EAD is based on the employment based 485, it will be unusable/revoked as well.I do not want to invoke AC21. For this reason, I want to file EAD based on Family -I-485.
My question is :
1) Can I file for I-765 based on pending I-485 (Family Based IR1).
2) Since they required to submit the last EAD issued - which in my case is employment based EAD expiring in 2012, The chances are USCIS will deny it or am I to do something differently?
In brief,
How do I apply for 2nd EAD (Family based IR1 with new I485) while the Employment based EAD is still active?
What documents should I turn in ?
How do I explain USCIS about the situation?
more...
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anandGC
04-27 09:21 AM
Good morning! Please clarify for my case details given below :
Labor approved, I140 denied for ability to pay. Employer had filed MTR with current tax returns documents. The labor has been filed & approved less than 180 days and I140 pending with MTR. H1B expires in 15th May 2011 completing all six years and no recapture periods left.
The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?
Thank you
Best regards,
Labor approved, I140 denied for ability to pay. Employer had filed MTR with current tax returns documents. The labor has been filed & approved less than 180 days and I140 pending with MTR. H1B expires in 15th May 2011 completing all six years and no recapture periods left.
The questions are:
1. Can I file an extension of H1 with pending MTR and with less than year old labor application?
2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?
3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?
Thank you
Best regards,
girlfriend during the Casey Anthony
sweet_jungle
02-02 11:09 PM
Sorry,I should have been more specific. I am looking for H-1 sponsors in the physical sciences field.
What do you mean by non-IT? Be more specific.
What do you mean by non-IT? Be more specific.
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mmk123
12-22 12:13 AM
Consult a good lawyer, prepare an appropriate reply based on true situation. If they feel that the request is genuine, they will approve else be prepared for the worst.
To be frank, i don't think any company like the one you explained even exists! I will be surprised if it does, and if it does I won't wonder if there is no RFE in the current enforcement days from USCIS.
To be frank, i don't think any company like the one you explained even exists! I will be surprised if it does, and if it does I won't wonder if there is no RFE in the current enforcement days from USCIS.
Blog Feeds
07-16 04:50 PM
U.S. Department of Homeland Security Secretary Janet Napolitano today traveled to Laredo, Texas to announce more than $47 million in fiscal year 2010 Operation Stonegarden grants for the Southwest border states. She also met with law enforcement leaders to discuss the Department�s efforts to support state, local and tribal law enforcement in protecting communities from cross-border threats. She said, "Over the past year and a half, this Administration has pursued a new border security strategy with an unprecedented sense of urgency, making historic investments in personnel, technology and infrastructure while combating transnational criminal organizations that smuggle weapons, cash and people across our shared border with Mexico.� She said that Operation Stonegarden is one part of our overall strategy to provide state, local and tribal law enforcement on the frontlines the resources they need to confront the complex and dynamic challenges that exist along our borders.
The fiscal year 2010 Operation Stonegarden grants�totaling $60 million nationally�support 15 border states and the Territory of Puerto Rico to enhance the capabilities of federal, state, local and tribal law enforcement agencies to secure U.S. borders and territories. Funds were allocated using CBP�s sector-specific border risk methodology based on threat, vulnerability, miles of border and border-specific law enforcement intelligence. Nearly 80 percent of the fiscal year 2010 funding will go to Arizona, California, New Mexico and Texas�up from 59 percent in 2008. Operation Stonegarden grants can be used to support law enforcement personnel, overtime, and other related costs to increase operational readiness.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_27.html)
The fiscal year 2010 Operation Stonegarden grants�totaling $60 million nationally�support 15 border states and the Territory of Puerto Rico to enhance the capabilities of federal, state, local and tribal law enforcement agencies to secure U.S. borders and territories. Funds were allocated using CBP�s sector-specific border risk methodology based on threat, vulnerability, miles of border and border-specific law enforcement intelligence. Nearly 80 percent of the fiscal year 2010 funding will go to Arizona, California, New Mexico and Texas�up from 59 percent in 2008. Operation Stonegarden grants can be used to support law enforcement personnel, overtime, and other related costs to increase operational readiness.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_27.html)
conchshell
10-01 08:44 PM
what is the purpose of this thread? :mad:
An itch to get the limelight and waste other people's time.
An itch to get the limelight and waste other people's time.
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