veni001
01-31 12:02 PM
What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
Thanks.
That means your current position qualifies as EB3 only!! If you want to port you need to find a EB2 qualifying job:)
Thanks.
That means your current position qualifies as EB3 only!! If you want to port you need to find a EB2 qualifying job:)
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dhesha
04-18 06:32 PM
Nice talking to you, and thanks much for your guidance, help, and time Chandu. The short phone conversation with you was quite informative and helpful. Thanks to IV for your initiatives to help the members who are in trouble with immigration matters.
Thanks.
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Thanks.
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Aah_GC
06-25 06:21 PM
You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.
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gc_on_demand
05-21 10:50 AM
Folks ...
IV needs more Non AOS filler members to work on any fix that will help non AOS filler. We need to come up with solid number and group to have solid campaign ( Including more funcding drive and participant for campaign ) . Plesae take a time and update poll. I also ask senior member including CORE leader to participate in poll. We non AOS filler are getting idea on how big our strength is and what can be done for next 6 months to get some sort of relief to this NON AOS FILLER as well as AOS filler.
IV needs more Non AOS filler members to work on any fix that will help non AOS filler. We need to come up with solid number and group to have solid campaign ( Including more funcding drive and participant for campaign ) . Plesae take a time and update poll. I also ask senior member including CORE leader to participate in poll. We non AOS filler are getting idea on how big our strength is and what can be done for next 6 months to get some sort of relief to this NON AOS FILLER as well as AOS filler.
more...
Britsabroad
February 27th, 2004, 09:36 AM
Sounds like traffic jams might be a good place to 'trap' (Another Royal Navy term)
andy garcia
08-10 06:01 PM
Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:
In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.
andy
In December 2005, my company got a a courtesy copy from CIS, lawyer got the original.
andy
more...
number30
04-09 01:57 PM
Here is my situation:
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
Since you did not transfer your H1 you need an advance parole. You could have entered with old stamping if you had H1 transferred to the new employer. So you need a AP for travelling
I was on H-1 B status with my former employer then I changed jobs using AC 21 and I am currently working on EAD with my new employer. I didn't transfer my H-1b from former employer to new employer since I have EAD. I still have H-1b visa stamp on my passport that will not expire until end of 2010. I am planning to go home to visit my family during the summer for 2 weeks. my question is : do i need to apply for travel document to be able to come back or can I just use the H-1B stamp on my passport even tough I am not with my green card sponsoring employer anymore??
Please advise. Thank you in advance.
Since you did not transfer your H1 you need an advance parole. You could have entered with old stamping if you had H1 transferred to the new employer. So you need a AP for travelling
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GB2India
08-19 01:09 AM
thanks, it is in the same company and is promotion to manager
more...
tabletpc
11-09 03:52 PM
Vikki76,
Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.
Ganesh_Sholapur:
Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.
1. Do i need to go for stamping in Canada or Mexico
YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.
2. Can i work for company B with my H1B approval.??
No you cannot.
3. To start my new job, do my employer should change my status
Once you return back from india, your status automaticaly changes to H1b.
4. If going for stamping do my dependents also should join me.
yes, all should leave the country before u r L1 expires.
Hope my responses helped you...
My quires are.
1. Do i need to go for stamping in Canada or Mexico
Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.
Ganesh_Sholapur:
Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.
1. Do i need to go for stamping in Canada or Mexico
YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.
2. Can i work for company B with my H1B approval.??
No you cannot.
3. To start my new job, do my employer should change my status
Once you return back from india, your status automaticaly changes to H1b.
4. If going for stamping do my dependents also should join me.
yes, all should leave the country before u r L1 expires.
Hope my responses helped you...
My quires are.
1. Do i need to go for stamping in Canada or Mexico
Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
2. Can i work for company B with my H1B approval
Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
3. To start my new job, do my employer should change my status
Answer: Definitely-YES. I-9 form from employer should reflect this
4. If going for stamping do my dependents also should join me
Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together
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vsattri
07-14 12:12 PM
Question is when was the application posted. 11 th july seems to be the date they processed the application. Not necessarily the recpt date.
more...
gsc999
02-09 01:25 AM
I went to usa on h4 one yr back.h1 is approved on nov2007.Before approval i faced one query because my employer assaign she is going to work on particular location,he mentioned city of USA also.So they raised query why only that place.My employer replyed that query and after few months i received I-797B form in the place of I-797A approval notice.That says i am not applied h1 from USA.In that time we mentioned, we are applied from USA.In that situation i have to go for stamping .But I have other option,we amended that h1 I-797B.We did premium process.With in one month i got h1 approval notice in nov2007.
I am the first employee to my employer.Is there any querys raised on this.I have one month paystub.My employer going to send tax returns of 1 yr,wages,project details,client letter.Do i need other than these documents from my employer.pls tell me.
Now i am in india.I have to go Embassy for stamping.Which location shall i go for stamping in India.
Will embassy people check indian experience also.Because in indian company i have few problems with documents.If that experience will not match with the my h1 ,i mean what i submit in the process of h1.Is any queries raised.
Now i am in india.I have to go Embassy for stamping.If i face any queries in my h1 stamping,can i go USA in that time period to USA by h4.OR Did I have to stamp h4 also because my husband changed other company.My h4 is going to expire within 5 months.
In many forums i requested for replys.No result,I received only 1 reply.Pls help me.Thanks for your patience by reading this long mail.
Need Advice pls.
--
To attract responses you will need to reframe your question in a simple language. I hope you will do that.
On a simplistic level, the original office that granted your H1 or H4 or the state where you have permanent/ residential address on your passport is your best shot unless there are valid issues like business travel etc.
See below for more details:
https://www.vfs-usa.co.in/Home.aspx
I am the first employee to my employer.Is there any querys raised on this.I have one month paystub.My employer going to send tax returns of 1 yr,wages,project details,client letter.Do i need other than these documents from my employer.pls tell me.
Now i am in india.I have to go Embassy for stamping.Which location shall i go for stamping in India.
Will embassy people check indian experience also.Because in indian company i have few problems with documents.If that experience will not match with the my h1 ,i mean what i submit in the process of h1.Is any queries raised.
Now i am in india.I have to go Embassy for stamping.If i face any queries in my h1 stamping,can i go USA in that time period to USA by h4.OR Did I have to stamp h4 also because my husband changed other company.My h4 is going to expire within 5 months.
In many forums i requested for replys.No result,I received only 1 reply.Pls help me.Thanks for your patience by reading this long mail.
Need Advice pls.
--
To attract responses you will need to reframe your question in a simple language. I hope you will do that.
On a simplistic level, the original office that granted your H1 or H4 or the state where you have permanent/ residential address on your passport is your best shot unless there are valid issues like business travel etc.
See below for more details:
https://www.vfs-usa.co.in/Home.aspx
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sdrblr
09-04 03:32 PM
What did you do to piss them off :D.
Oh I think I know what the problem is.... the big "R" word .................. RETROGRESS !!!
If you are EB2I then you have to wait for the card..dates are not current yet :D
Guys,
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
Oh I think I know what the problem is.... the big "R" word .................. RETROGRESS !!!
If you are EB2I then you have to wait for the card..dates are not current yet :D
Guys,
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
more...
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GCBy3000
07-26 05:35 PM
Can IV send email todya to all TEXAS members if it supports this move since tomorrow is the last day for registration.
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dvb123
02-15 02:25 PM
1) The per country limit for countries is 7% and for dependency is 2% . The FAM manual lists dependencies. Greenland is listed as a dependency. Greenland became an integral part of the Kingdom of Denmark in 1953.
FAM Manual
http://docs.google.com/viewer?a=v&q=..._ta2BfQz-cTCTg
2) If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot overseas Union Territories of India be classified as dependencies
Union Territories of India which are Islands (overseas from the governing foreign state i.e. India)
Andaman and Nicobar Islands
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
http://india.gov.in/knowindia/union_territories.php
United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/United_...ng_Territories
3)
22 CFR 40.1 - Definitions. - Code of Federal Regulations - Title 22: Foreign Relations - vLex
(f) Dependent area means a colony or other component or dependent area overseas from the governing foreign state.
http://cfr.vlex.com/vid/40-1-definitions-19720333
FAM Manual
http://docs.google.com/viewer?a=v&q=..._ta2BfQz-cTCTg
2) If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot overseas Union Territories of India be classified as dependencies
Union Territories of India which are Islands (overseas from the governing foreign state i.e. India)
Andaman and Nicobar Islands
Dadra and Nagar Haveli
Daman and Diu
Lakshadweep
http://india.gov.in/knowindia/union_territories.php
United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/United_...ng_Territories
3)
22 CFR 40.1 - Definitions. - Code of Federal Regulations - Title 22: Foreign Relations - vLex
(f) Dependent area means a colony or other component or dependent area overseas from the governing foreign state.
http://cfr.vlex.com/vid/40-1-definitions-19720333
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darshan1226
02-13 01:43 PM
Please keep your sarcastic remarks to yourself, you're not helping. It is appreciated when someone share some USEFUL information.
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trueguy
10-01 12:17 PM
Do you think its possible to merge all the databases in just 10 days? How realistic is it?
Howcome they put such a tight deadline for this database merger ? If they can do this in 10 days then Nov'2008 VB might have few surprises.
Thanks.
Howcome they put such a tight deadline for this database merger ? If they can do this in 10 days then Nov'2008 VB might have few surprises.
Thanks.
more...
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amitga
11-03 11:18 AM
I hear they will try again to attach the provisions to other bills. Hopefully we will jump in too. Kudos to iv's efforts. If I can sit pretty for the moment with a 485 filed it's thanks to IV. Please keep going.
Where did you hear this ?
Where did you hear this ?
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rajenk
04-27 01:24 PM
Sorry to hear that. That was really sad. Any ways past is past. Do the following.
1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)
2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.
your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.
Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.
On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.
PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.
Good luck. Don't lose your heart, you should be back on track in no time.
Cheers
Raj
1. Re-file I-140 if the denial was based on EB category with a higher one(Meaning EB2 got denied file under EB3)
2. Renew your H1-B with your labor approval and your new I-140 application. Don't mention anything about your current I-140 denial.
your EAD would get invalidated when your I-485 gets denied, I am just assuming because EAD is based on I-485. But I-485 needs a approved I-140 so connect the strings yourself. Now you can sense that there is some gray area here. Better get advice from a good attorney.
Your AP use should all be fine. You need to take these actions 1 and 2 immediately without delay.
On appealing for I-140, what you heard is right. My appeal failed as well. My case was they where not accepting mine under EB2 but they did under EB3. That was a silly mistake by my lawyer stating required experience as 3 years with BS instead of 5 years! I had 6 years exp with MS equivalent degree from India.
PS: Do you mind sharing the I-140 denial reason, that might help people address your situation more clearly.
Good luck. Don't lose your heart, you should be back on track in no time.
Cheers
Raj
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a_yaja
01-16 11:44 AM
In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.
The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.
The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.
Bogdan
10-22 11:41 AM
Good morning everyone!
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
yabayaba
08-18 09:36 PM
Hi Experts,
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
No Interim EAD are issued by USICS. Take an infopass, she will guide you what you need to do on this unique RFE.
I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.
They are ,
1. Photos
2. Application form not signed
3. Identity documents.
I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.
But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.
1. Please advice me if I have to fill in a new application with signature and send it.
2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.
3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.
I am totally confused and job is at stake.
Eagerly waiting for your expert guidelines.
Thanks,
Raj
No Interim EAD are issued by USICS. Take an infopass, she will guide you what you need to do on this unique RFE.
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