loku
10-02 12:57 AM
I been working on H1-B for sometime. My project ended 3 months ago and I had been unpaid since then. My H1-B expired on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. Cmpany replied to the RFE. The status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and the transfer application got approved with starting date of September 24. I haven't got my new approved I-797 yet.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
wallpaper 474807-The Voice
shekhar10c
06-13 06:46 PM
He is probably stucked in name check. If that clears he will get the visa.
Hey people , i need help. as EB-3 is current , my spouse who is on H4 ,applied for change of status(H-4 to F-1) ,so can i file her papers along wth mine in I-485 or not? change of status is in process.
Reply soon!!!!!!
Hey people , i need help. as EB-3 is current , my spouse who is on H4 ,applied for change of status(H-4 to F-1) ,so can i file her papers along wth mine in I-485 or not? change of status is in process.
Reply soon!!!!!!
ameryki
07-20 01:08 PM
tricky one. whats her legal status in the country right now?
2011 show, The Voice is a
VMH_GC
07-23 07:06 PM
Gurus,
can you please tell me whether I-94 expiry date should be taken from I-94 CARD given at the port of entry or I-94 from H1b Extension approval notice when filling up I-485 Form?
can you please tell me whether I-94 expiry date should be taken from I-94 CARD given at the port of entry or I-94 from H1b Extension approval notice when filling up I-485 Form?
more...
kaisersose
07-08 10:29 PM
I was looking through my LC and 140 documents and found out that there are two different job titles in LC. One is Employer Job title which is "Analyst Programmer" other one is prevailing wages occupational title which is "Computer Systems Analyst". My question is what should be my Title at new employer?
Programmer, analyst programmer, developer, software engineer, sr. software engineer, sys analyst, etc., are all the same.
The gray area starts when a developer moves into business development or becomes a manager.
Programmer, analyst programmer, developer, software engineer, sr. software engineer, sys analyst, etc., are all the same.
The gray area starts when a developer moves into business development or becomes a manager.
vedicman
06-15 12:16 PM
And your source is???
DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm)
DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm)
more...
kerz
07-26 10:45 AM
Hi All,
My papers has already been submitted for H-1B. I am currently on my OPT which expired on June and I got extended until September 30, 2010. Do I need to leave a country during 30 days after my H1-B got approved?
Thanks
My papers has already been submitted for H-1B. I am currently on my OPT which expired on June and I got extended until September 30, 2010. Do I need to leave a country during 30 days after my H1-B got approved?
Thanks
2010 she judges the TV talent
virtual55
06-21 10:36 AM
what should we fill for the 10th question in I 134,
They are asking did we submit visa petition to CIS on behalf of following persons
They are asking did we submit visa petition to CIS on behalf of following persons
more...
roopamadhu2004
03-14 12:45 PM
Employer 1(Very small company and doesn't exist anymore):
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
1) Labor cleared,
2) I-140 approved
Then Joined in another company (Multi billion company) Employer 2:
1) Labor cleared
2) Mistake: Didn't file I-140 and when priority dates were open in July 2007, they filed for I-485 with Old employer's I-140 and got EADs
3) Still waiting for Green card
My priority date: Sep 2002 (It is carried from first employer)
Still I am getting H1 B extensions - every 3 years with Employer 2
But my wife is working in EAD
In June 2010, we were informed by my company legal dept that they iled I485 incorrectly and they want to correct it. So they started over again.
1) Labor cleared
2) I-140 approved Mar 2011.
3) Priority dates are not current and waiting for it.
My options:1) Backout old I485 now and wait for priority dates and then reapply (Adv: No RFEs, No risk, high probability that we can retain Priority date. Diadv: My wife looses her job and get back to H4)
2) Backout I-485 when priority dates are open and reapply....(Adv: My can work longer and will get at least 90 days break. Disadv: Risk if get RFEs now or reject now before we reapply - risk to loose priority date)
Questions for you:1) Is there any way to file an ammendment to update new I-140 with my existing application without my wife getting impacted? If so, how much riskier it is?
2) Our attorney says we cannot do it because it is invalid I-485. And we have to file a new one. Is it?
3) Then does it mean my wife is working illegally?
4) When is the best time to backout (My wife is not happy to leave her current employer)?
5) Attorney says we have to update them with new I-140 if we get RFE asking for my second Employer's I-140. My question is, Why can't we do it now? How much riskier it is?
Please let me know. I appreciate your advice and help!
hair The Voice juding panel
sounakc
03-22 08:04 AM
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
sounak
more...
redelite
10-06 10:18 AM
Fun fun. Congrats man! That contest was pretty fun. Good job everyone on all the smileys, thanks to all the judges and people that voted me in the top 3 and thanks to Kirupa for the contest.
hot Seems all the networks are
glus
01-24 09:04 AM
hi,
Whichever status was approved the LATEST, that is the status you are in now. If H-1B status change was approved AFTER F-1 status was granted, then normally you are on H-1B status.
Whichever status was approved the LATEST, that is the status you are in now. If H-1B status change was approved AFTER F-1 status was granted, then normally you are on H-1B status.
more...
house The new judges on NBC#39;s talent
LookingForGC
03-08 05:32 AM
I am in same boat too. I thought of posting this question but i dont know how to.
Is anyone help me how to post a forum here or thread or question? Appreciated your help on this and ofcourse for any answer about AC21.
I read lot about AC21 here and other forums as well. Thanks to everyone.
Is anyone help me how to post a forum here or thread or question? Appreciated your help on this and ofcourse for any answer about AC21.
I read lot about AC21 here and other forums as well. Thanks to everyone.
tattoo judge on NBC#39;s #39;The Voice.
liberty
03-08 02:44 PM
I had applied for the extension of my parents in laws' stay online (I -539 form thro� USCIS E-FILE). Throughout the entire process of the application, I was not asked to turn in any documents. After submitting the form, I had called the USCIS to find out the list of documents that I needed to send. I was told then that during the processing of the application, if the USCIS needed any supporting documents, they will ask for it. I did not get any notification regarding the same in the last two months since the application was filed. However, I got a letter denying the extension. The reason stated was that I had not provided any supporting documents (that their stay was temporary, that they have enough funds, that they have reason to return back to India etc.). Is there any step that I could take to reverse this decision? I have all the supporting docs ready, and can send it to them immediately. I didn't send them earlier because I was specifically asked to wait for further instructions regarding the same. Can they change their decision if I provided all the documents? Any kind of help from anyone who has gone thru a similar situation or has had any such experience would be highly appreciated.
more...
pictures The Voice /of Holland/ is the
Blog Feeds
04-26 11:30 AM
Some 63,000 flights had been canceled in Europe by the end of Sunday, in the four days since the air space of northern Europe was shut down by an enormous ash cloud from an erupting volcano beneath the Eyjafjallajokull glacier in Iceland.
Passengers are scrambling to find alternative travel routes. German tourists are being bussed home from Spain, while the Royal Navy is sending military ships to Spain to bring home stranded Brits. Thousand of Europeans are also stuck in the US with no option to leave at this time. Many visitors are worried about the implications of not being able to leave before their current status expires.
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
We keep monitoring the situation and will update our readers as we obtain more news.
More... (http://www.visalawyerblog.com/2010/04/b2_tourists_and_visa_waiver_op.html)
Passengers are scrambling to find alternative travel routes. German tourists are being bussed home from Spain, while the Royal Navy is sending military ships to Spain to bring home stranded Brits. Thousand of Europeans are also stuck in the US with no option to leave at this time. Many visitors are worried about the implications of not being able to leave before their current status expires.
Foreign nationals stranded in the U.S. because of the airport closures in Europe due to the Icelandic volcano eruption and who are about to exceed their authorized stay in the U.S. have two avenues for relief. If at an airport and traveling under the Visa Waiver Program (VWP), they should contact the U.S. Customs and Border Protection office at the airport. They may also contact the local U.S. Citizenship and Immigration Services office. Both Department of Homeland Security agencies have provided their staff and offices with guidance on the applicable legal authorities under the VWP in circumstances such as this.
Persons traveling under a visa should contact the nearest USCIS office and follow the instructions below. While these instructions recommend initiating the process 45 days in advance, USCIS is providing reminder guidance on how to handle such cases until normal flights are scheduled between the U.S. and foreign countries affected by the Icelandic volcanic activity.
We keep monitoring the situation and will update our readers as we obtain more news.
More... (http://www.visalawyerblog.com/2010/04/b2_tourists_and_visa_waiver_op.html)
dresses Which popular television show
immigrationvoice1
04-10 08:47 AM
I just came across this on youtube. Hope you enjoy and appreciate her skills.
She had made nice poem out of reality that we face.
http://www.youtube.com/watch?v=b9W1j5NCy9s
This is so hilarious and yet so true. My wife could completely relate to Archana's poem.
Thanks for sharing it.
She had made nice poem out of reality that we face.
http://www.youtube.com/watch?v=b9W1j5NCy9s
This is so hilarious and yet so true. My wife could completely relate to Archana's poem.
Thanks for sharing it.
more...
makeup competition show The Voice
[uber]
04-23 05:41 PM
not an NBA fan or a fan of the font... but nice start!!!
girlfriend The Voice – Javier Colon
n2b
07-24 11:06 AM
Hello Friends,
I am working for a Company A and I have a Labor and I 140 approved for OCT 2005 EB2 through the same company.
I filed my I 485 on July 2nd. Now I have a very good offer from Company B. I have following questions and I seek your help -
1) Can I retain my PD?
2) If yes, what are the requirements and what is the process to retain the old PD?
3) Does the Company B have to file I 140 again?
4) What if Company A pulls back their I 140? Can they?
5) What are the risks?
6) Has anyone done this and had a success?
Friends, all your help is appreciated.
Thank you in advance.
I am working for a Company A and I have a Labor and I 140 approved for OCT 2005 EB2 through the same company.
I filed my I 485 on July 2nd. Now I have a very good offer from Company B. I have following questions and I seek your help -
1) Can I retain my PD?
2) If yes, what are the requirements and what is the process to retain the old PD?
3) Does the Company B have to file I 140 again?
4) What if Company A pulls back their I 140? Can they?
5) What are the risks?
6) Has anyone done this and had a success?
Friends, all your help is appreciated.
Thank you in advance.
hairstyles the-voice
maddunr
12-31 07:41 PM
designserve,
Unfortunately, we cannot search by name. You may want to provide keywords used in your question so members can find your question. I have searched for all questions related to legal immigration in all categories and weighed my opinion one way or another.
Let's hope the IV core takes up this issue and writes up a carefully crafted question so we can all benefit from the resulting voting.
Now, go and have yourself some fun at a NYE party! I hope I am the only lame-o writing posts this NYE (my wife's sick and we're home).
- V
PS: Why Science and Tech? How is this a S&T question? Aren't we all affected equally?
Unfortunately, we cannot search by name. You may want to provide keywords used in your question so members can find your question. I have searched for all questions related to legal immigration in all categories and weighed my opinion one way or another.
Let's hope the IV core takes up this issue and writes up a carefully crafted question so we can all benefit from the resulting voting.
Now, go and have yourself some fun at a NYE party! I hope I am the only lame-o writing posts this NYE (my wife's sick and we're home).
- V
PS: Why Science and Tech? How is this a S&T question? Aren't we all affected equally?
chi_shark
07-29 04:11 PM
yes! thats what ac21 is for...
in my case, i talked to a lawyer before i did ac21. i will also talk to lawyer again if i change jobs again.
485 : Pending
140- Approved in year 2006
Current status: Working on EAD
I left my GC Sponsered company in Oct 2008 and started working on EAD.. >> Filled AC21 in N0v 2008 thru a consulting company >>
Got RFE on employment verification on May 2009.. replied and have no comments from USCIS yet.. (assuming everything is okay as their repsonse time 60 days elapsed)
Now got rolled out from project and no paycheck form since june 2009
and Now found a project but the vendor wont do corp-to-corp..but only W2...
THIS CASE CAN I JOIN WITH this Vendor ON W2 With out applying for one more AC21??
Appreciate your ideas.. thanks lot
in my case, i talked to a lawyer before i did ac21. i will also talk to lawyer again if i change jobs again.
485 : Pending
140- Approved in year 2006
Current status: Working on EAD
I left my GC Sponsered company in Oct 2008 and started working on EAD.. >> Filled AC21 in N0v 2008 thru a consulting company >>
Got RFE on employment verification on May 2009.. replied and have no comments from USCIS yet.. (assuming everything is okay as their repsonse time 60 days elapsed)
Now got rolled out from project and no paycheck form since june 2009
and Now found a project but the vendor wont do corp-to-corp..but only W2...
THIS CASE CAN I JOIN WITH this Vendor ON W2 With out applying for one more AC21??
Appreciate your ideas.. thanks lot
IWannaBeHowdy
08-04 08:10 PM
Hello All,
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
I am currently in H1-B. My GC (EB2) is in progress sponsored by my company.
The I-40 is approved but me and my wife�s I-485 is still pending.
We both got our EADs, but we have never-ever used it. We just applied for it and kept the card.
My wife was also on H1-B through her own employment. She got laid off so she is losing her H1-B. Now I want to apply for her H4 as my dependant. Since she already has an EAD, will applying for H4 nullify the EAD? As I said earlier that she has never used her EAD however she plans to use it when she gets a new job.
Anybody in similar situation? Any remarks or suggestion would be greatly appreciated.
Thanks in Advance.
No comments:
Post a Comment