GCVivek
04-11 04:55 PM
You can continue working in any position as long as you are with the same company. As long as your position and salary is not reduced, no one cares.
I went from programmer to VP of Tech and nothing happened.
I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.
Question:
Do i need to file for new h1-b or transfer?
I went from programmer to VP of Tech and nothing happened.
I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.
Question:
Do i need to file for new h1-b or transfer?
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pritesh80
02-06 03:44 PM
Super!! Thanks for your quick response
ramaonline
12-09 10:38 PM
u can file for a 3 year ext of H1 status under AC21 - This will enable u to continue in valid status while the retrogression eases if it ever will.
Also note that portability is allowed and u can switch employers during this period. u can retain ur current PD and use it for a later GC app if reqd
Also note that portability is allowed and u can switch employers during this period. u can retain ur current PD and use it for a later GC app if reqd
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Blog Feeds
11-16 02:40 AM
As we move closer to an Immigration reform, even government officials agree that such major change is very necessary. Here are some remarks by Secretary Napolitano on Immigration Reform at the Center for American Progress:
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
more...
beautifulMind
11-20 11:27 AM
I have i485 pending and working on EAD. H1b expired. I am on Eb3.
I have a opportunity to become a Manager in the same company....The job duties would ofcourse be different from Programmer/analyst position...
So can I take the promotion and use the EAD...Will I be using AC21
I have a opportunity to become a Manager in the same company....The job duties would ofcourse be different from Programmer/analyst position...
So can I take the promotion and use the EAD...Will I be using AC21
virginia_desi
10-24 06:25 AM
Hi,
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
The job experience from the same company can only be counted if the employer can prove the new job is atleast 50 % different from the current job. Please consult a lawyer before making the decision. The difference should be in job duties and not simply a move between two projects.
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
The job experience from the same company can only be counted if the employer can prove the new job is atleast 50 % different from the current job. Please consult a lawyer before making the decision. The difference should be in job duties and not simply a move between two projects.
more...
chris82
05-28 12:45 PM
Hello,
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
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mrajatish
08-08 12:33 PM
On a different note, how many labor applications does each one of the applicants in BEC have? Among the 250,000 applications still pending in BEC, how many are applications that still have a legitimate benefactor? For example, in your case, it is pretty evident that you are likely going to use the other company's labor, but what happens to the labor you filed from your current company? If this labor is used for sub, then thee is another legitimate applicant who is being denied the opportunity to file 485 by some one who will use this date.
I think this issue is equally important in solving retrogression.
I think this issue is equally important in solving retrogression.
more...
martinvisalaw
02-25 02:17 PM
Sorry to read about your mother's problems. As the other posters have said, please do NOT use any agency, office, notario, or other service that claims to be able to help unless they are really attorneys or a charity. Be especially careful of notarios - these are not lawyers in the US.
Your mother would not be eligible for TPS unless she was in the US before Jan 12, 2010. Hopefully you are a US citizen and can petition for her permanent residence (green card)
Your mother would not be eligible for TPS unless she was in the US before Jan 12, 2010. Hopefully you are a US citizen and can petition for her permanent residence (green card)
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jsb
07-29 08:53 AM
Hi folks,
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.
My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.
I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.
Please let me know.
Thanks
Contributed 500 to IV
If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.
more...
shimul99
09-21 03:32 PM
I�m confused about using the EAD. Someone please clarify me�.
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
I already received the EAD for me and my wife. Currently, I�m in the H1b which is expiring on Sep 2008 (6 years are over). My questions are?
�Can I be in H1b and still work another job as a part-time?
�If my wife wants to work using her EAD does it have any effect on her h4 status?
�If my wife loose her job during the use of her EAD what will be her status?
�I applied my I485 in July 2, 2007. As I already received my EAD, can I be unemployed after 180 days and start a business by myself?
�I know after receiving the AP I visit any their country. What will be my status after I come back? Still H1b or anything else?
It will be very much appreciated if some can answer my questions?
Thanks ahead
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tnite
09-11 09:31 AM
I posted this question on another thread but its on page 38-39, so thought I might post as a new thread so that I can get some answer to my concerns...
I renewed my EAD thru e-filing. Everything was ok but the address to send the Confirmation Receipt is TSC. My initial I-485 is at NSC. My address did not change anytime from the time I applied I-485.
I entered the correct info in question 11..which was:
Have you ever before applied for employment auth. form USCIS?
X Yes(if yes, continue below)
I checked yes
which USCIS office?
My answer:
LINCOLN, NE date: 08/14/2007
Should I be worried about this or can I just feel its okay?
Is this something okay?
Please let me know....Thanks.
I too had the same issue but then figured out that when I sent in my 1st EAD App I lived in CT which is serviced by Nebraska and then I moved to MA,which is serviced by Texas. When I applied for my renewal the supporting documents were being asked to mail to Texas. Did you move?
I renewed my EAD thru e-filing. Everything was ok but the address to send the Confirmation Receipt is TSC. My initial I-485 is at NSC. My address did not change anytime from the time I applied I-485.
I entered the correct info in question 11..which was:
Have you ever before applied for employment auth. form USCIS?
X Yes(if yes, continue below)
I checked yes
which USCIS office?
My answer:
LINCOLN, NE date: 08/14/2007
Should I be worried about this or can I just feel its okay?
Is this something okay?
Please let me know....Thanks.
I too had the same issue but then figured out that when I sent in my 1st EAD App I lived in CT which is serviced by Nebraska and then I moved to MA,which is serviced by Texas. When I applied for my renewal the supporting documents were being asked to mail to Texas. Did you move?
more...
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gcpower1
02-09 06:31 PM
Everyone know about the problem insted of sloving PROBLEM (slavery) they will chase the H1-Visa people to the work place like they are thieves.
Why they are not chaseing the illegal people ?
They issues GC to Illegal people before the legal (H1-LC-I140-485) 10 years wait.
Everyone knows they but no one wants to admit.
Why they are not chaseing the illegal people ?
They issues GC to Illegal people before the legal (H1-LC-I140-485) 10 years wait.
Everyone knows they but no one wants to admit.
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sixpockets
06-14 05:41 AM
I am also in the same boat, 140 was filed in March 07, file at TSC. The attorney never received the original LCA. Could not do premium processing for 140.
NOW the big question is, can I apply 485 since my PD is current now?
NOW the big question is, can I apply 485 since my PD is current now?
more...
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GCchaos
10-23 09:27 AM
Hi everyone,
I have applied for my H1 in may this year and the receipt date was 31st may,the service center being Vermont.There was a query regarding my husband's paystubs in september and we sent it to them on september 19th.Many of my friends who applied H1 around the sametime as me got theirs approved in the first week of october..But mine is still pending.I wanted to know if any one is in a similar situation.
Please reply.
Thanks a lot.
I have applied for my H1 in may this year and the receipt date was 31st may,the service center being Vermont.There was a query regarding my husband's paystubs in september and we sent it to them on september 19th.Many of my friends who applied H1 around the sametime as me got theirs approved in the first week of october..But mine is still pending.I wanted to know if any one is in a similar situation.
Please reply.
Thanks a lot.
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dummgelauft
10-06 05:07 PM
Change the title of your little blog to read illegal immigration....
more...
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STAmisha
06-30 11:43 AM
Please check the answers below
Hi,
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
YES
2. Do I have to mention in my new labor about my old labor and I-140 ?
I dont think so. CHeck with a lawyer
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Check with lawyer
Thanks
DC
Hi,
I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.
In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:
1. Can I file new labor in PERM without affecting my current labor and I-140 ?
YES
2. Do I have to mention in my new labor about my old labor and I-140 ?
I dont think so. CHeck with a lawyer
3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.
Check with lawyer
Thanks
DC
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roseball
10-28 05:01 PM
Hi,
We (me and my wife) have received RFEs to submit G-325A forms on 9/24/09 and our lawyer submitted the requested documents last week on 10/20/09, on the next day USCIS online status changed to "We have received RFEs documents and this case processing has resumed........" on very next day 10/22/09 online status changed to "RFEs sent......."
Now we (me and my wife) and our lawyer received same RFEs again thoguh our lawyer submitted requested documents.
Please share your thoughts on how should i go from here...should i submit documents again?? or should i take an info pass and try to find out whats gaing on with our cases?
Thanks in advance
chintainfogc
I would go ahead and submit the documents again to be on the safe side. Not sure if taking Infopass would be of any help to you in this case. You dont want to take chances and risk getting a I-485 denial on the grounds of not responding to RFE. If I were you, I would send them the docs again.
We (me and my wife) have received RFEs to submit G-325A forms on 9/24/09 and our lawyer submitted the requested documents last week on 10/20/09, on the next day USCIS online status changed to "We have received RFEs documents and this case processing has resumed........" on very next day 10/22/09 online status changed to "RFEs sent......."
Now we (me and my wife) and our lawyer received same RFEs again thoguh our lawyer submitted requested documents.
Please share your thoughts on how should i go from here...should i submit documents again?? or should i take an info pass and try to find out whats gaing on with our cases?
Thanks in advance
chintainfogc
I would go ahead and submit the documents again to be on the safe side. Not sure if taking Infopass would be of any help to you in this case. You dont want to take chances and risk getting a I-485 denial on the grounds of not responding to RFE. If I were you, I would send them the docs again.
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sanju_dba
06-03 05:29 PM
any ideas about 1-2day /night cruise from Houston/Galveston ? I want to avoid Immigration checks.
Please write only if you have any relevant information on this!
Kids , keep off from your papa's computer.
Thanks in advance.
Please write only if you have any relevant information on this!
Kids , keep off from your papa's computer.
Thanks in advance.
yagw
06-13 01:12 PM
I am curious of the average networth of H1Bs excluding their parent's money. The money they just made so far. Not sure how to start a new thread. I read somewhere online there are lot of H1Bs who are working for 10 years are almost millionaires. Can they use their accumulated wealth to do an investment based green card.
An individuals income and their net worth is their personal information. I don't think you will get more info on this (that too in a public forum).
An individuals income and their net worth is their personal information. I don't think you will get more info on this (that too in a public forum).
sagarmata2007
07-18 03:36 PM
Hello everyone and thank you IV for all your great work. Much appreciated.
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
I have a (hopefully ) simple question:
I am EB2 (had been current the whole time) and I am just now ready to file my I-140 and I-485.
That said and considering the now new window to file (till 8/17), should I premium process the I-140? Does it even matter? Am I going to basically throw away $1000?
I had ready that they would not even touch the I-485 till the I-140 was approved but that sounds like a contradiction to concurrent filing, right?
Any info, tips would be greatly appreciated.
My attorney is ready to file but I want to make sure I ask the right questions/get the right info from them before they do so.
Thank you all once again!
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