WaitingForMyGC
02-25 02:23 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I do not have answers to your question but have few questions of mine
1. Can non-profit H1 be transferred to regular H1?
2. While non-profile H1 is in extension process, can new regular H1 be filed?
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I do not have answers to your question but have few questions of mine
1. Can non-profit H1 be transferred to regular H1?
2. While non-profile H1 is in extension process, can new regular H1 be filed?
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kuhelica2000
05-27 09:25 PM
I am stuck in PBEC. Please let me know if you need any information.
tabletpc
05-27 05:13 PM
1.Is it mandatory to have a pending 485 application in order to get H1b
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
extended beyond 6 years using I-140 approval?
2.Do I need to be with the employer who filed PERM in order to get the H1b
extended beyond 6 years using I-140 or can a new employer file for my
extension using the approved I-140( without having a pending 485
application ) ?
Greatly apprecite any response...
thanks
2011 Green River Killer. Bel, the
wandmaker
08-26 10:49 PM
My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
Yes, you are correct.
Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.
You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD
A person can EAD only once I-485 is approved? Is that correct.
You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue
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GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
shaikhshehzadali
07-06 06:44 PM
Where did you get "25" days from? Also, wouldn't it depend whether you sent it to NSC or TSC?
Thanks,
Jayant
Compliance is only for people who have filed on or before june 29th...So each of the service centres will complete receipting all I-485 filed on or before june 29th by the date mentioned in the compliance document....Then probably after that they will start rejecting I485 at their own pace..
Thanks,
Jayant
Compliance is only for people who have filed on or before june 29th...So each of the service centres will complete receipting all I-485 filed on or before june 29th by the date mentioned in the compliance document....Then probably after that they will start rejecting I485 at their own pace..
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lkapildev
04-14 12:02 PM
I got the email today, per email card production ordered on April 12th 2008.
Filing dates as follows:
485 filing date July 27 2007:
485 Notice date Sept 26 2007
I140 with LC SUB EB-2 with PD July/2001 approved on Jan 2008
Best of luck for you all!!
Wish you a happy indian new year.
Filing dates as follows:
485 filing date July 27 2007:
485 Notice date Sept 26 2007
I140 with LC SUB EB-2 with PD July/2001 approved on Jan 2008
Best of luck for you all!!
Wish you a happy indian new year.
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raysaikat
08-22 11:58 PM
I entered on a H4 on my New Zealand passport and it is valid 2010. I now have a H1B ie a I-797A and a new I-94 that is also valid till 2010. I'm leaving the country for the first time to go to Australia.
Do I need to get a new visa stamp for my passport?
If you want to enter US as an H1-B, you will need an H1-B visa stamp on your passport.
If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?
You can do that from any consulate. However, note that there is a possibility that the IO will need a so-called "security check" which takes 2-3 months (and sometimes, years). In that case, you will be stuck outside US (you cannot get back to US while the security check is pending). So it is advisable to go to a country where you have a place to stay for a long time, if needed. For most people, it is their home country. Also the chances of getting a security check is higher if you go to a consulate other than the consulate in your home country.
Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?
Thanks
You can, but then your status will be H4 and you will not be able to work. The principle is that your status is determined by the latest I-94 you receive. To work on H1-B, your latest I-94 (the one you got it while entering US or as attached with the I-797 form) must be for H1-B (the visa status is written on the I-94).
Do I need to get a new visa stamp for my passport?
If you want to enter US as an H1-B, you will need an H1-B visa stamp on your passport.
If I need to get a new visa stamp, do I need to go back to New Zealand or can I do it in other countries?
You can do that from any consulate. However, note that there is a possibility that the IO will need a so-called "security check" which takes 2-3 months (and sometimes, years). In that case, you will be stuck outside US (you cannot get back to US while the security check is pending). So it is advisable to go to a country where you have a place to stay for a long time, if needed. For most people, it is their home country. Also the chances of getting a security check is higher if you go to a consulate other than the consulate in your home country.
Can I travel with my passport which shows the H4 visa and carry with me my I-797A and new I-94 to re-enter the country?
Thanks
You can, but then your status will be H4 and you will not be able to work. The principle is that your status is determined by the latest I-94 you receive. To work on H1-B, your latest I-94 (the one you got it while entering US or as attached with the I-797 form) must be for H1-B (the visa status is written on the I-94).
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grupak
11-17 06:41 PM
Great editorial!
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manbeing
12-26 05:29 PM
the format of employment date should be "mm/dd/yyyy", or just 'mm/yyyy'?
my last day in my previous employer was a Friday 5/15/2009 and my attorney entered 5/17/2009 (Sunday) as my last day on the LCA coz my first day in my current employer was 5/18/2009.
I am asking my former co-workers to write experience letter for me. Should I let them write '5/15/2009', or '5/17/2009' or just '5/2009' on the letters?
Thanks!
Bookmark and Share
my last day in my previous employer was a Friday 5/15/2009 and my attorney entered 5/17/2009 (Sunday) as my last day on the LCA coz my first day in my current employer was 5/18/2009.
I am asking my former co-workers to write experience letter for me. Should I let them write '5/15/2009', or '5/17/2009' or just '5/2009' on the letters?
Thanks!
Bookmark and Share
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wandmaker
08-24 11:45 PM
A friend of mine has PhD in aeronautics from a top tier university here in US. He will be soon starting teaching in a university and planning to file his GC under EB-1.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Generally, Just having a Phd degree is not enough to file for EB1. Every case is different, sometimes, it depends on the field of study also - so, consulting an experienced attorney is recommended.
Are there any risks in getting I-140 approved under EB-1? or just having a PhD does not automatically qualify anyone under EB-1 category.?
Since he is born in India so reluctant to file under EB-2 due to endless wait.
Generally, Just having a Phd degree is not enough to file for EB1. Every case is different, sometimes, it depends on the field of study also - so, consulting an experienced attorney is recommended.
hot Image: Gary Ridgway
justted
12-27 08:15 PM
Hello :)
I am currently looking for art and graphics for my vitual pet site and would like to know if you would like to join us.
We really need some maps, items, pets and other objects made that are unique.
Please feel free to check it out at http://cyberpetcity.com or contact me here! :)
Kind Regards
Justin
I am currently looking for art and graphics for my vitual pet site and would like to know if you would like to join us.
We really need some maps, items, pets and other objects made that are unique.
Please feel free to check it out at http://cyberpetcity.com or contact me here! :)
Kind Regards
Justin
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house Who is Gary Ridgway
manishgc
09-13 11:57 AM
My Indian passport is going to expire very soon and my visa has also expired.
I have applied for extension for 3 years.
Will I face any problems in getting new passport from Indian Embassy?
Has anybody done that before?
I am sorry if this is not right place to write about it...
thanks
I have applied for extension for 3 years.
Will I face any problems in getting new passport from Indian Embassy?
Has anybody done that before?
I am sorry if this is not right place to write about it...
thanks
tattoo Green River killer Gary
gcharry
11-11 07:46 PM
Hi, Last August 07, I have applied for 140 & 485 and have a priority date of Feb 2005. I got married in July 08. Now, I can't apply 485 for my spouse as dates are not current. My 140 got approved. I am just worried that My 485 might get approved before I could apply 485 for my spouse. And no one knows when 485 date will be current again. Any ideas? Any one is in my situation?
Thanks.
Thanks.
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Pineapple
10-13 10:28 AM
If anyone from the King of Prussia area is interested in meeting lawmakers, please PM me.
Once we have some people, we can plan and set up appointments over the next few weeks.
Once we have some people, we can plan and set up appointments over the next few weeks.
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looivy
09-01 05:13 PM
Gurus,
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
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gc28262
06-26 09:53 AM
Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.
Probably it is the pre-adjudication. I had soft LUDs on mine and spouse's 485 for the last 2 days. Recently got my I-140 approved.
Not sure why there is an LUD on your travel document.
Probably it is the pre-adjudication. I had soft LUDs on mine and spouse's 485 for the last 2 days. Recently got my I-140 approved.
Not sure why there is an LUD on your travel document.
girlfriend the Green River killer
avantika.nandamuri
04-08 09:23 PM
As soon I got the receipt number, I started working for Company B. Now I have paystubs for almost 8 months. With those pay stubs, can i transfer to company C? If Company C files for a H1 transfer, with which H1B receipt will he file for transfer-H1B approval copy of employer A or H1B receipt of employer B? My attorney feels that my H1 transfer petition with Company B has got stuck in a security/background check, since USCIS has not responded to 2 SR's placed by my attorney and added that PP will not help if my petition got stuck in security check.
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humsuplou
11-17 11:46 AM
Thank you all for the advice and inputs!!
hemya
10-29 01:03 PM
My lawyer charges $500!!
sbmallik
05-06 05:05 PM
Generally an I-485 applicant can stay abroad till the Advanced Parole remains valid. In your case the best bet is to change the pending I-485 case to consular processing.
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