vadicherla
05-08 12:15 PM
Contribution $25 for this month.
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In reference to: S-1RN47603HG965415U
Subscription Payment Sent (Unique Transaction ID #11R03083P3635964R)
In reference to: S-1RN47603HG965415U
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meridiani.planum
04-17 08:38 PM
The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.
It is always good to wait till the new application is approved, and the approval notice has been received.
just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.
I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)
It is always good to wait till the new application is approved, and the approval notice has been received.
just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.
I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)
h1bemployee
06-23 06:29 PM
On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.
As my H1 transfer got denied.... I can apply for a new H1 transfer.... right?
I am assuming this from the information I got form this forum. I am really confused..
As my H1 transfer got denied.... I can apply for a new H1 transfer.... right?
I am assuming this from the information I got form this forum. I am really confused..
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paragpujara
12-21 07:46 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
more...
gc_on_demand
01-20 08:31 PM
I had an appointment at Mumbai Consulate on Jan 5th , 7th year ext. Since my I 797 approval date and stamping date was too short ( 1-2 weeks ) USCIS or DOS failed to update info in PIMS on time. I got yellow slip after few basic questions and told to wait for 2-3 biz days. I informed my lawyer in USA and he made contact to DOS there and ask them to update record. Also I had renewed my Indian passport since I applied for I 797 so they had old pp no in record. Lady from DOS promised to work on my case but didn't give any definite time limit.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
but I got reply from Consulate on 4th biz day. Submitted passport via local VFS office and with in 3 days got it back. I think if you contact DOS it would take less time , otherwise 2-3 weeks is normal and 4 weeks or longer is for some rare cases. As long as your history is clean nothing to worry even it takes 3-4 weeks.
ndbhatt
08-14 12:36 PM
yes u are
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
more...
like_watching_paint_dry
01-13 08:33 PM
Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
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harsh
05-31 09:37 AM
The reason for denying visitor's visa depends from person to person. If a person is young then they have a lot more burden of proving that they will return back to their homeland than say parents of someone whose son / daughter is here.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
Also when you give the affidavit of support, the consular office will calculate how much you make yearly and see how many you are sponsoring and how many dependents you have in US. If, in consular officer's opinion the total income declared under Affidavit of Support is less that what he thinks is needed for supporting so many people, visa might be rejected on the basis that visa applicants might become public charge.
Now sometimes even parents of someone here get denied. Again that depends on how they can prove their ties to home country. If all the children are in US and parents apply, a consular officer might say, you have no interest to return back to your home country as all your children are in US.
And then there is luck. No one can tell what mood the consular officer is in that day. I was lucky that my parents and my wife's parents both got their visas recently. My only advise is make sure you have all the documents ready, cover all your bases and have a mock interview with visa applicants and see how they reply to your questions. I know from personal experience that it helps.
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satishku_2000
08-01 05:09 PM
I hope and pray that they take into consideration of the post mark date . Guys any one has an idea how late in night NSC will accept incoming mail.
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franklin
06-15 12:33 AM
Hi
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
Not if your priority date became current in the July bulletin, no
It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st
Can I file for the I-485 before july 1st 2007?
I doing my medical exam next week on the 20th, that's the earliest i could get in MA.
However i'm going to do my x-ray tomorrow, because i always test positive after the TB test, but x-ray negative. Does it hurt to do the x-ray earlier that the actual TB test (PPD)? my doctor said it does not hurt and he will accept it. Does any one know if there going to be a problem with that ?
thanks for your help.
Not if your priority date became current in the July bulletin, no
It doesn't hurt to get the medical out of the way at all - its valid (from what I've read here) for 1 year. I did mine last month before my PD became current on June 1st
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matreen
12-19 01:13 AM
Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........
if you invoke AC21 means you have to use EAD not H1B......
if you invoke AC21 means you have to use EAD not H1B......
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yjprakash
10-11 05:42 PM
I applied for EAD renewal on 07/15. and on sept 30 I called Customer service and yesterday I got a letter that say
"Our records indicate your application for employment authorization document was mailed on August 19, 2008. please check with local post office."
I dont understand what it means because it says they mailed my "application for EAD". It should be like "approval" or some thing like that right?
My online status & customer service automated system says that it was in processing. I dont understand this.
I am going to call Customer service again tomorrow.If any body knows what above sentence means please let me know.
btw, My wife EAD was approved on Aug 15th. She also applied same day.
"Our records indicate your application for employment authorization document was mailed on August 19, 2008. please check with local post office."
I dont understand what it means because it says they mailed my "application for EAD". It should be like "approval" or some thing like that right?
My online status & customer service automated system says that it was in processing. I dont understand this.
I am going to call Customer service again tomorrow.If any body knows what above sentence means please let me know.
btw, My wife EAD was approved on Aug 15th. She also applied same day.
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makemygc
07-26 12:26 PM
I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
I had the same question. It's better to ask this from someone who has gone through I-485 stages for a while. Anyone here??
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
I had the same question. It's better to ask this from someone who has gone through I-485 stages for a while. Anyone here??
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chanlal
07-31 11:50 AM
Thank you for your prompt response
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.
Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.
2.Can New Jersy laws applicable in India to send a legal notice to me?
3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.
4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.
Pls answer the above 3 questions.
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kalyan
07-07 05:10 AM
U r lucky that you have the EAD.
My H1B transfer was denied with I-140 approved . worked for more than 6 years in US. I moved back to India and started working here
Washington and DOS wants Legal immigrants out ( they cannot and could'nt do any thing to illegals-- ) and wants companies to hire people graduating from the university of Mc Donalds, Burger King, KFC and those zeroes needs to be trained and trained
US business'es has to serious think about this otherwise, their counter parts elsewhere in the world will be more competitive
My H1B transfer was denied with I-140 approved . worked for more than 6 years in US. I moved back to India and started working here
Washington and DOS wants Legal immigrants out ( they cannot and could'nt do any thing to illegals-- ) and wants companies to hire people graduating from the university of Mc Donalds, Burger King, KFC and those zeroes needs to be trained and trained
US business'es has to serious think about this otherwise, their counter parts elsewhere in the world will be more competitive
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braindrain
09-03 01:25 PM
Any help??
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WeShallOvercome
12-26 12:10 PM
Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
Filing I-485 makes you an 'adjustee' (Under Adjustment of Status).
But you continue to be a non-resident alien under AOS if you keep working on H1. If you switch to EAD/AP, you are just an Adjustee waiting for your status to be adjusted to that of a permanent resident.
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the_jaguar
03-25 10:49 PM
gap between your company A exit date and the date they withdrew your I140?
As per law,, they should not do it for 6 months old approved I140 ?
As I posted earlier, I had left Company A before the I-140 approval, so I don't really know how long they waited before withdrawing the approved I-140.
Are you sure that there is a law regarding the 6 month period? AFAIK, this only applies when you have filed you I-1485. If it's prior to that, AC-21 doesn't apply...
As per law,, they should not do it for 6 months old approved I140 ?
As I posted earlier, I had left Company A before the I-140 approval, so I don't really know how long they waited before withdrawing the approved I-140.
Are you sure that there is a law regarding the 6 month period? AFAIK, this only applies when you have filed you I-1485. If it's prior to that, AC-21 doesn't apply...
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neobuddha
10-17 06:37 PM
Hi,
In my case, it was concurrent filling on July 02. I received receipts of I-485, EAD and AP early Aug. However, I never received receipt for I-140. My Lawyer check the encashment of checks and found the LIN number. According to that number, my case was approved on Aug 30th.
However, we never received any receipt or notice of approval for my I-140. Thus, not sure, if everything is correct. My lawyer has promised me to check with USCIS guys and get more concrete information soon.
In my case, it was concurrent filling on July 02. I received receipts of I-485, EAD and AP early Aug. However, I never received receipt for I-140. My Lawyer check the encashment of checks and found the LIN number. According to that number, my case was approved on Aug 30th.
However, we never received any receipt or notice of approval for my I-140. Thus, not sure, if everything is correct. My lawyer has promised me to check with USCIS guys and get more concrete information soon.
gcformeornot
02-01 09:28 AM
Friends,
Need help and suggestion.
To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:
I leave in a single bed room ground floor 785 Sq ft.
I have called the customer service for dispute and investigation.:mad::mad::mad:
Has any one encountered this kind of problems with electricity department. please enlighten !!!
:confused::confused::confused:
gas or electric? If its electric then considering record cold months of Dec and Jan..... .... don't know..... still looks on high side.....
Need help and suggestion.
To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:
I leave in a single bed room ground floor 785 Sq ft.
I have called the customer service for dispute and investigation.:mad::mad::mad:
Has any one encountered this kind of problems with electricity department. please enlighten !!!
:confused::confused::confused:
gas or electric? If its electric then considering record cold months of Dec and Jan..... .... don't know..... still looks on high side.....
anilsal
01-07 08:42 AM
When someone lashes out, suddenly these guys think their original decision was misunderstood. Who are u trying to fool?
Glad the lawyers made an issue out of this.
Glad the lawyers made an issue out of this.