nk2006
12-11 03:31 PM
4) Once you get 3 year H1B extension i.e. after Jan08, there are legal ways to tranfer H1B to a new company for the remaining duration but this MUST be discussed throughly with an imigration lawyer as it can be risky and very case dependent.
Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.
This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.
Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.
Let me know if my understanding is not right above.
Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.
This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.
Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.
Let me know if my understanding is not right above.
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Rune
June 20th, 2004, 10:27 AM
Hmm... I'm not good at comments, so I'll do the obvious one and let the others handle the rest... :)
In your third shot (the colour shot of a guy sitting), the hand is sharp and in focus, but the face is washed out, almost as if someone had used PS to severly soften it? What's that about? Is the hand really that much in front of the face, or is something else going on? (It looks like he is leaning forward, but I guess not enough)
Inquiring minds want to know. :)
In your third shot (the colour shot of a guy sitting), the hand is sharp and in focus, but the face is washed out, almost as if someone had used PS to severly soften it? What's that about? Is the hand really that much in front of the face, or is something else going on? (It looks like he is leaning forward, but I guess not enough)
Inquiring minds want to know. :)
nirajnp
06-02 04:55 PM
Hi,
My wife is currently on H1 (valid until Oct 2008). We just had a baby and I am thinking of transfering her to h4 (COS) for about 7-8 months. Once she feels comfortable she would like to start working again. In this case we would need h4 to h1b COS again.
Ques 1: Will h4-to-h1 transfer (while the h1 visa is still valid) be counted against a fresh quota or will this be just a COS application.
Ques 2: This is her first H1B which was valid for 3 years ( started in Oct 2005 - Oct 2008). Her company is about to file for renewal (for another 3 years - then her H1B maybe valid until Oct 2011). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap ? The reason I ask is cos her H1B is currently valid until Oct 2008 and her company hasnt applied for renewal yet.
Ques 3: How much time does it takes to get the COS for h1-h4 and h4-h1 ?
Any help would be appreciated...
Thanks in advance...
My wife is currently on H1 (valid until Oct 2008). We just had a baby and I am thinking of transfering her to h4 (COS) for about 7-8 months. Once she feels comfortable she would like to start working again. In this case we would need h4 to h1b COS again.
Ques 1: Will h4-to-h1 transfer (while the h1 visa is still valid) be counted against a fresh quota or will this be just a COS application.
Ques 2: This is her first H1B which was valid for 3 years ( started in Oct 2005 - Oct 2008). Her company is about to file for renewal (for another 3 years - then her H1B maybe valid until Oct 2011). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap ? The reason I ask is cos her H1B is currently valid until Oct 2008 and her company hasnt applied for renewal yet.
Ques 3: How much time does it takes to get the COS for h1-h4 and h4-h1 ?
Any help would be appreciated...
Thanks in advance...
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phillyag
07-17 07:22 PM
I am totally lost on what to do.
I read in the other post that if PD become current in the bulleting then Iwill be in trouble if I have not filed for spouse. I am lost with this !!
I read in the other post that if PD become current in the bulleting then Iwill be in trouble if I have not filed for spouse. I am lost with this !!
more...
virtual55
03-04 01:19 PM
Hi All,
We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.
We need to work towards fixing the USCIS Online Case Status System of Texas Service Center, lot of people are not receiving updates in email/website about their cases.
GLIX
10-24 02:16 AM
Is it correct that with an AP you are not guaranteed re-entry? There was a qualifier on the INS website? For how many months is it valid? DO you need a lawyer to re new it or is it an easy process that any layman can re-new on their own?
more...
ramus
07-02 08:55 AM
What is source of this news?
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
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idark
06-23 07:21 AM
Yes it's a animal from my mind :) And thanks Maqrkk!
more...
happy2006
05-20 08:32 PM
We are filing through our lawyer, do we need to give a reason for why we are expediting the process when filing to INS?
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GotGC??
01-03 12:09 PM
For those worried about not being able to live in the UK, I say "Don't worry, you are not missing a great deal".
I have lived & worked in UK for a couple of years many years back. Like most of my acquaintances at that time I didn't (want to) live there long. Most of my friends left for US, I returned to India. And then to US.
Life is US has its problems, the immigration backlog is one of them. But it is really a walk in the park compared to that in Britain. UK is one of the most racist society I have ever seen. There is racism in all countries (even in India, we call it Casteism) but no where as overt as in UK. In UK, the work culture isn't all that great, life is boring and the weather sucks. No wonder a recent investigation by BBC reported that 7 out of 10 Britons now prefer to live outside UK mainly because it's high cost of living, lack of livable space and for little more sunshine. And that number is growing every year. In % terms, that's the highest number and in absolute terms it is the 3rd highest expat population of any country, only India & China ranks higher. Britons now prefer the sunny & more livable places such as Spain (culture), Australia (language) and Florida (proximity).
When I left UK, it was with relief. Now when I visit UK on work or enroute to other countries, I feel sorry for the folks back there. I would any day prefer living in India - if not in US - than living in UK.
http://timesofindia.indiatimes.com/Good_or_bad_Britain_tears_itself_to_pieces_on_immi gration_issue/articleshow/1040632.cms
I have lived & worked in UK for a couple of years many years back. Like most of my acquaintances at that time I didn't (want to) live there long. Most of my friends left for US, I returned to India. And then to US.
Life is US has its problems, the immigration backlog is one of them. But it is really a walk in the park compared to that in Britain. UK is one of the most racist society I have ever seen. There is racism in all countries (even in India, we call it Casteism) but no where as overt as in UK. In UK, the work culture isn't all that great, life is boring and the weather sucks. No wonder a recent investigation by BBC reported that 7 out of 10 Britons now prefer to live outside UK mainly because it's high cost of living, lack of livable space and for little more sunshine. And that number is growing every year. In % terms, that's the highest number and in absolute terms it is the 3rd highest expat population of any country, only India & China ranks higher. Britons now prefer the sunny & more livable places such as Spain (culture), Australia (language) and Florida (proximity).
When I left UK, it was with relief. Now when I visit UK on work or enroute to other countries, I feel sorry for the folks back there. I would any day prefer living in India - if not in US - than living in UK.
http://timesofindia.indiatimes.com/Good_or_bad_Britain_tears_itself_to_pieces_on_immi gration_issue/articleshow/1040632.cms
more...
amindarshana
12-01 11:04 AM
Thank you Wandmaker..
My attorny gave me same sugestion.
But I was wondering do we have to take special permission from USCIS to re-file or just send the application with proof of previous deleivery.
And if Yes-- How?
My attorny gave me same sugestion.
But I was wondering do we have to take special permission from USCIS to re-file or just send the application with proof of previous deleivery.
And if Yes-- How?
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gc??
04-22 01:39 PM
I went for my AOS interview, everything seemed ok, officer said everything looks ok and he doesnt see any reason why i should not be approved, he however said that he needs to get the FBI clearance background check and that i should get my conditional PR card in the mail, he then stamped on my entrance visa " Cancelled without Prejudice" stamp, I am worried, what does this mean? The word cancel and everything ok does not seem right. Can someone help me please?
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rockstart
01-17 07:38 PM
Just curious PD of 2004 gets an RFE on I 140 in 2009? Howz that possible? how many years was your labor pending
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gc_in_30_yrs
07-27 06:07 PM
BumbleBee, Thank you for your reply.
I am afraid to talk to any prospective employers as I do not have a copy of I-140 with me. I have a copy of I-140 Approval letter, but it specifies; this copy should not be used as a proof of valid document for official purposes.
I am afraid to talk to any prospective employers as I do not have a copy of I-140 with me. I have a copy of I-140 Approval letter, but it specifies; this copy should not be used as a proof of valid document for official purposes.
more...
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Ann Ruben
02-01 09:25 PM
As you probably realize, by transferring to another employer you will have to start the GC process all over--though you should be able to keep your May 2008 priority date.
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
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sbabunle
01-11 12:07 PM
I think you should be okay. I have like 5 H1Bs ( with all the extensions). My first name has 2 words and my last name is two words. On each h1b its different. I never had any problems in stamping so far. One I stamped from India, once mexico, couple times from DC ( this service is closed now).
Good luck.
Good luck.
more...
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gcwait2007
10-14 10:27 AM
I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.
It is not advisable for her to leave the country without AP on hand. It is a risky proposition. Normally USCIS checks internally the resident status of the person and if they come to know that she left the country already, they may say/ consider that she left USA with the intention of abandoning her AOS case and issue denial for her I-485.
PS: You can encourage me to contribute more to the forum by awarding Green points, if you find this post as useful and informative.
It is not advisable for her to leave the country without AP on hand. It is a risky proposition. Normally USCIS checks internally the resident status of the person and if they come to know that she left the country already, they may say/ consider that she left USA with the intention of abandoning her AOS case and issue denial for her I-485.
PS: You can encourage me to contribute more to the forum by awarding Green points, if you find this post as useful and informative.
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gsk0422
07-01 10:39 AM
Hey, my friend just got admission in a college and since she is not a US citizen or permanent resident. So, she needed a co-signer who is one but unfortunetly she couldnt get one cuz no one other then your own family member will trust u and sign and affidavit or co-sign a loan. Now her aunt who came with her husband on his work visa,been living for 9 yrs, recetly went out of status(I dont know the reason as its personal) has bank account and of course some savings. So my friend's aunt signed the Affidavit for my friend that was required by the university in order to process the student visa. Now after the application is filed, my friend is worried and maybe you can help her answer the questions. Her english isnt so good so Im going this for her(thu mine is bad too :)
-I do know one thing that if a person getting a student loan is not a US citizen/permanent resident she/he would need a co-signer who is one and I also know that for sure that the loan agency check the credit history of a co-signer. SO,since my friend's aunt isnt a permant resident or a US citizen(she is out of status in fact) so she cannot be my friend's co-signer for the student loan BUT what about Affidavit?
do the Immigration check the backgound of the person who signed the Affidavit,attached with her bank statments, for the student visa process or they mainly will check the student's background? my friend is concerned as she doesnt want her aunt to be in any trouble!
-I do know one thing that if a person getting a student loan is not a US citizen/permanent resident she/he would need a co-signer who is one and I also know that for sure that the loan agency check the credit history of a co-signer. SO,since my friend's aunt isnt a permant resident or a US citizen(she is out of status in fact) so she cannot be my friend's co-signer for the student loan BUT what about Affidavit?
do the Immigration check the backgound of the person who signed the Affidavit,attached with her bank statments, for the student visa process or they mainly will check the student's background? my friend is concerned as she doesnt want her aunt to be in any trouble!
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chanduv23
09-25 09:53 AM
If you have not yet joined the Tri State Chapter - do it right now. Follow the link in my signature
eilsoe
09-30 10:43 AM
Heck no... it's there for a reason...
RadioactveChimp
04-09 02:56 AM
compared to your, it is a banana peel. But thanks ;)
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