rajenk
01-24 03:19 PM
All,
I appreciate all your inputs on the below mentioned scenario.
1. Company A filed I-140 and approved.
2. Got H1B extension for 3 years (8,9,10th years).
3. Applied I-485 and it is past 180 days.
4. Now Company B hires using H1B and invoking AC21
Stage 4 in detail:
a. Filed H1B transfer and got approval.
b. Informed USCIS about job change with AC21 portability.
c. Submitted new employment verification letter from company B
Now coming to the questions.
1. Would company B be able to request for another 3 year on H1B or only the remaining period will be approved by USCIS?
2. Say now employer A revokes I-140, what will be the status on the approved H1B?
3. Assuming H1B is valid still ( even after revoking I-140), after 10th year will the beneficiary be able to extend H1B? If so based on what pending application the H1B can be extended?
I appreciate all your inputs on the below mentioned scenario.
1. Company A filed I-140 and approved.
2. Got H1B extension for 3 years (8,9,10th years).
3. Applied I-485 and it is past 180 days.
4. Now Company B hires using H1B and invoking AC21
Stage 4 in detail:
a. Filed H1B transfer and got approval.
b. Informed USCIS about job change with AC21 portability.
c. Submitted new employment verification letter from company B
Now coming to the questions.
1. Would company B be able to request for another 3 year on H1B or only the remaining period will be approved by USCIS?
2. Say now employer A revokes I-140, what will be the status on the approved H1B?
3. Assuming H1B is valid still ( even after revoking I-140), after 10th year will the beneficiary be able to extend H1B? If so based on what pending application the H1B can be extended?
wallpaper surrounding countries. map
acecupid
07-03 01:42 PM
I would sent some cactus if there were options to do that.:D
feedfront
08-26 01:06 PM
They approved my EAD and Adv Parole (last month within 2 weeks of application), but no progress on my case :confused:
Congratulations to all newly greened folks and Good Luck to all waiting....
Congratulations to all newly greened folks and Good Luck to all waiting....
2011 Black Sea with immediately surrounding countries. Shaded relief map with
TomTancredo
11-26 02:53 PM
I-485 filing package should include a Letter of Reconfirmation of job-offer from your sponsor. This letter should describe what was in the LC. If you get a copy of this letter, you know what you need from your new employer. I-485 is your filing, therefore, you should not have difficulty in getting a copy of full set of what was filed.
I have copy of that letter but it mentions the title and salary no job desc.
I have copy of that letter but it mentions the title and salary no job desc.
more...
TheOmbudsman
10-30 11:48 AM
Raj3078,
Thanks for posting. Based on your posts, it seems that you are frustrated and angry. That is understandable. This situation is very stressful. Relax.
I will give you a sincere and useful suggestion, that hopefully will be valid to others as well. Please refrain from pulling the race card on people talking about immigration. That makes you look emotional, character assassin and worse, that can make people perceive you as a racist yourself. That is the failed tactics used by illegal aliens and uneducated people when confronted with the reality that their attitude and posture is irrational. As far as I can tell, NumbersUSA objects against Irish people who came here illegally. Therefore I do not see any correlation between racial profiling there as you seem to persist. I am not here to defend NumbersUSA or Lou Dobbs. I am just here to remind you that if we continue following the rationale "us vs them" and doing character assassination, we will undeniably face rough opposition and struggle to get what we deserve.
Thank you,
The Ombudsman
"Your dose of daily reality"
You guys are making me sick and making me think that you are lobbying for numbersusa and alikes.....
Senthil1 -
Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....
Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?
[/QUOTE]
Thanks for posting. Based on your posts, it seems that you are frustrated and angry. That is understandable. This situation is very stressful. Relax.
I will give you a sincere and useful suggestion, that hopefully will be valid to others as well. Please refrain from pulling the race card on people talking about immigration. That makes you look emotional, character assassin and worse, that can make people perceive you as a racist yourself. That is the failed tactics used by illegal aliens and uneducated people when confronted with the reality that their attitude and posture is irrational. As far as I can tell, NumbersUSA objects against Irish people who came here illegally. Therefore I do not see any correlation between racial profiling there as you seem to persist. I am not here to defend NumbersUSA or Lou Dobbs. I am just here to remind you that if we continue following the rationale "us vs them" and doing character assassination, we will undeniably face rough opposition and struggle to get what we deserve.
Thank you,
The Ombudsman
"Your dose of daily reality"
You guys are making me sick and making me think that you are lobbying for numbersusa and alikes.....
Senthil1 -
Are you working for numbersusa? Do you know that it is made by white supremist who dont want any colored skin including native americans to be alive in US? Talk about your scare of getting too many people with substandard MS degrees. Do you not realize that the companies in USA knows a different in good US school and Bad one - So in nutshell the people from bad school wont get job? Do you know that there is nature's rule - Fittest Survival... So in case you are fit enough and qualified enough to get a job then you will get one, it does not matter if you are from good or bad school....
Also, looking at your thoughts, it does not appear that you are MIT or Stanford grade material, so do us all a favor and keep your thoughts to yourself....
Ombudsman - There is a questionmark on Senthil1's origination but we have no such doubt about yours.. You are definitely a MOLE in this IV Organization and the only reason they keep you on board is because this is democracy and we dont want to throw out someone who might disagree - Its about freedom of expression - But when Freedom of expression crosses the line and creates poison pill then we need to weed it out I guess.....
In any case, I would definitely like to challenge your argument about 400 anti: 1 pro immigration calls. Are you aware of Avertising world rule that when someone does not like soemthing, they tend to tell at least 25 people about it, while when someone likes something, they might tell 1 person. In this case, this classic rule has applied beyond expectations because people who are calling are already racist who sit on their ass and expect all colored people to be their slaves and get things done for them. They want their mexican maid or indian computer programmer doing things for them but the moment they realize that these foreigners might get citizenship and be equal to them, they dont like that.... (and so do you)....So there you go....No wonder they pick up phone and dial....In any case, what better can they do?
[/QUOTE]
rongha_2000
06-01 04:18 PM
Called my state (MO) senator. The staffer listened very patiently and thanked me for raising the issue. I will be calling others soon.
more...
sm104
11-17 04:01 PM
Done!
2010 Laos, editable vector map includes surrounding countries, in color,
desi3933
07-09 11:50 AM
The text you quoted below only states that the AOS petition can only be approved if a visa number is available, no where does it say that AOS petition cannot be accepted if visa number is not available. we are not asking for AOS petition to be approved we are only asking that AOS petition be filed and accepted by USCIS.
Read again -
(3) an immigrant visa is immediately available to him at the time his application is filed
it means that
At the time of application (i.e. when I-485 is filed), an immigrant visa is immediately available to him
Also read my other post
http://immigrationvoice.org/forum/showpost.php?p=103927&postcount=103
______________________
Not a legal advice.
Read again -
(3) an immigrant visa is immediately available to him at the time his application is filed
it means that
At the time of application (i.e. when I-485 is filed), an immigrant visa is immediately available to him
Also read my other post
http://immigrationvoice.org/forum/showpost.php?p=103927&postcount=103
______________________
Not a legal advice.
more...
PDOCT05
10-08 10:39 AM
Did you contact USCIS regarding your case ? Any response or the regular
'wait for 30/45 more days' answer ?
Looks like today is holiday..i called up no response.
'wait for 30/45 more days' answer ?
Looks like today is holiday..i called up no response.
hair Black Sea with immediately surrounding countries. Shaded relief map with
nishanttambe
11-17 04:42 PM
Done. But while sending email to friends, I got below messages
"Your message can not contain URL", this was right above the message box.
"Your message can not contain URL", this was right above the message box.
more...
solaris27
08-13 08:35 AM
one more thing never got I-797 for EAD , got number from back of chaque ...
hot Map Of Kosovo And Surrounding
.png/417px-Census_2002_Serbia,_ethnic_map_(by_localities).png "as well as Kosovo (see")
kartikiran
07-19 06:36 PM
I have observed in the past whenever an EB3 member brings a conversation of spillover to be used for older priority dates or for EB3 etc, the member has been marked with reds from EB2 members to express their dissatisfaction. Kondur, note that the infighting between EB3 and EB2 has been happening both ways for a very long time and USCIS has been successful in creating this divide.
Your thought process of change by lawmakers are noted. BTW the traction of EB2 members will always be lost every year around this time as EB2 candidates will end up bulletin watching till it affects that category.
This is a bitter truth we all have to swallow that between Jul - Sept every year there will be negligible EB2 members participating in IV's action items and on the other hand EB3 members feel that injustice has been dealt to them and end up feeling resigned.
At least this member sanhari is trying for something. If you all did not observe, he/she was voicing the same thoughts in the EB2-EB3 predictions thread, he was asked to not hijack that thread and was asked to create an own thread which was respectfully followed.
If we try to go offensive on members who are at least trying to do something than sitting idle, it is a shame. We need more EB2 members also who end up getting their green cards to comeback and support for this fight against EB3 members by contacting lawmakers to get some mass than talking about quarterly spillover etc. Because if the EB3 problems are addressed and we find a solution to resolve this backlog we never have to worry about spillovers or waitimes. But that rarely happens. Everybody wants a solution what works them or to be more precise, exactly till their priority date in their country and category.
I hope EB3 members start at least join this thread to show the support if not for this idea at least for future action items from IV Core. EB3 members have been passive whereas EB2 are active in predictions and bulletin watching. It really is disheartening looking at the participation or lack thereof in any EB3 threads. I hope we see some response at least...after which maybe IV Core can suggest how to proceed. When there is no participation, how much ever IV Core tries it is a difficult path. Note, IV Core is none other than members comprised with fellow candidates who are also stuck in this backlog.
Anyway sanhari, you are doing something better than doing nothing. So I commend you for that and I also appreciate how you respected fellow members sentiments in the EB2-EB3 predictions thread to create your own thread and not disturb their conversation. I am sorry I can only green you once for your effort.
But good luck with your efforts.
how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.
Your thought process of change by lawmakers are noted. BTW the traction of EB2 members will always be lost every year around this time as EB2 candidates will end up bulletin watching till it affects that category.
This is a bitter truth we all have to swallow that between Jul - Sept every year there will be negligible EB2 members participating in IV's action items and on the other hand EB3 members feel that injustice has been dealt to them and end up feeling resigned.
At least this member sanhari is trying for something. If you all did not observe, he/she was voicing the same thoughts in the EB2-EB3 predictions thread, he was asked to not hijack that thread and was asked to create an own thread which was respectfully followed.
If we try to go offensive on members who are at least trying to do something than sitting idle, it is a shame. We need more EB2 members also who end up getting their green cards to comeback and support for this fight against EB3 members by contacting lawmakers to get some mass than talking about quarterly spillover etc. Because if the EB3 problems are addressed and we find a solution to resolve this backlog we never have to worry about spillovers or waitimes. But that rarely happens. Everybody wants a solution what works them or to be more precise, exactly till their priority date in their country and category.
I hope EB3 members start at least join this thread to show the support if not for this idea at least for future action items from IV Core. EB3 members have been passive whereas EB2 are active in predictions and bulletin watching. It really is disheartening looking at the participation or lack thereof in any EB3 threads. I hope we see some response at least...after which maybe IV Core can suggest how to proceed. When there is no participation, how much ever IV Core tries it is a difficult path. Note, IV Core is none other than members comprised with fellow candidates who are also stuck in this backlog.
Anyway sanhari, you are doing something better than doing nothing. So I commend you for that and I also appreciate how you respected fellow members sentiments in the EB2-EB3 predictions thread to create your own thread and not disturb their conversation. I am sorry I can only green you once for your effort.
But good luck with your efforts.
how to use the spillover is purely an USCIS decision. Only to use the spillover to avoid wastage is a law, which is already in place. Infact USCIS was not doing this top down approach on spill over few years ago, this is a new practice they are following since last Fiscal Year, so I strongly believe if Congressmen/women puts pressure/more request it can be changed to a fair application of visa spillover to benefit all that are in the queue for a long wait.
more...
house Kosovo travel guide -
tabletpc
12-18 04:45 PM
The ideas and concepts of releasing your unlimited potential can only be turned into reality if you take bold action now. Wishful thinking will not make your dreams come true. . If you want to be free your thinking must control your limitations instead of your limitations controlling your thinking. Look at your life for a moment! What do you see? Do you see opportunity, love, happiness, success and fulfillment? Or, have you mentally set up restrictive limitations? If so, the fact that you have declared yourself a prisoner will make you a prisoner. Once you make up your mind to be free and declare that you are �sick and tired of being sick and tired,� you will be motivated to make necessary moves toward liberation. The truth is, you will remain where you are only as long as you hold yourself prisoner. There are only �ordinary� people who have decided to do �great� things. These are people who are motivated by a burning desire to be free in order to express their unlimited potential. Instead of blaming others for their condition, they took action to change their situation.
Hope this helps someone somewhere...
Hope this helps someone somewhere...
tattoo Black Sea, shaded relief map
the_jaguar
12-12 09:04 PM
If you think it is that ridiculuous, then you should tell the core members that. They did ask us to call him on the last day of LD. There is nothing wrong in writing to him. In fact, you are making a comparison that is not correct.
Actually, it was an exceptional situation. As you are well aware of, we had to get an unanimous consent if the skil bill were to pass in the LD, so, we needed to have Session's approval. To deflect the situation, he just said that his office hadnt received any positive comments.. When we ended up jamming his phones and gave all the positive comments, what came out of that, nuthing.. he did not budge from his stance.. It was just a ploy and even if the entire US of A had called him, he would not have changed his stance.. He had to score brownie points from his supporters. He knows that the Skil bill will be passed next year, and may be some form of CIR even.. He can then blame it on the democrats and stand for re-election in 2009 with complete support from his supporters..
Its all a gimmick for votes. This is politics, same thing in every country, just more sophisticated here...
Actually, it was an exceptional situation. As you are well aware of, we had to get an unanimous consent if the skil bill were to pass in the LD, so, we needed to have Session's approval. To deflect the situation, he just said that his office hadnt received any positive comments.. When we ended up jamming his phones and gave all the positive comments, what came out of that, nuthing.. he did not budge from his stance.. It was just a ploy and even if the entire US of A had called him, he would not have changed his stance.. He had to score brownie points from his supporters. He knows that the Skil bill will be passed next year, and may be some form of CIR even.. He can then blame it on the democrats and stand for re-election in 2009 with complete support from his supporters..
Its all a gimmick for votes. This is politics, same thing in every country, just more sophisticated here...
more...
pictures China map with surrounding countries. In China#39;s ever-growing regional and
desi3933
06-27 03:30 PM
Dr. William:
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
That was long time back and was changed in early 90s.
There is no requirement to work for 1 year.
Also, AC-21 allows to replace the GC employer to a new employer, but it does NOT change the intent to work for the employer after I-485 is approved.
I could not find a phone number on the site you mentioned.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
My I-485 application based on I-140 of NIW has been approved finally, after an RFE replying. Is there any requirement of how long I can change job after the I-485 approval?
--------------------------------------------------------------------------------
A:
According to USCIS previous requirement, a person is required to work for the sponsoring employer for at least one year after obtaining the Green Card. There may be a problem when you want to apply for U.S. citizenship later, if you leave the sponsoring employer in a short period of time after obtaining the Green Card.
The AC-21 rule does not clear the issue of a person who leaves its employer after the I-485 approval, but it is better to take a conservative way to reduce the potential risk later.
http://www.greencardapply.com/question/question04/question04_0519.htm
That was long time back and was changed in early 90s.
There is no requirement to work for 1 year.
Also, AC-21 allows to replace the GC employer to a new employer, but it does NOT change the intent to work for the employer after I-485 is approved.
I could not find a phone number on the site you mentioned.
Not a legal advice.
----------------------------------
Green Card holder since May 2002
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jung.lee
03-25 05:08 PM
You will get it this Calendar Year. Trust me.
Basis for this "trust", please?
Basis for this "trust", please?
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makeup Kosovo Rail Travel Map
India_USA
09-14 09:26 AM
It is frustrating to see that there is a campaign going on to allow for 485 filing even when pd is current and another thread running that says another fiasco would be bad .... everybody talks/writes/feels only as "what benefits them is good, everything else is not worthwhile or bad"
girlfriend Black Sea, shaded relief map
zoooom
07-20 11:47 AM
HI Anzerraja,
Just pm you..reply when u get a chance.
Just pm you..reply when u get a chance.
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designflaw
09-14 04:46 PM
I am aware that I was lucky (BTW, March 07 labor was my second labor. First one rotted in the BEC. And I have been here since '99). However, that doesn't change the fact that there is likely to be a 10+ year wait time for EB3 ROW. Thats my gut-feeling.
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
The thing what I don't understand is, after July 2007, the priority dates for EB3-ROW were available. As a matter of fact, look at the this document (http://www.techjargons.com/USCIS_priority_dates.pdf), the priority dates went all the way up to March 2006. So, if there were no more visa's then right after July 2007, how can USCIS continue to make priority dates available?
I also think that these 10+ year wait times are meaningless. In a few years, there will be some sort of CIR, and a points-based system will be instituted. At that point, there will be no distinction between those who have filed their 485s, and those who haven't.
All that we July07 EB-3 filers (India or ROW), and even EB-2 I/C, have is an EAD card until the CIR happens. If it happens next year, we are all in the same boat. If it happens in 2015, then the July 07 filers have EAD cards until then.
The thing what I don't understand is, after July 2007, the priority dates for EB3-ROW were available. As a matter of fact, look at the this document (http://www.techjargons.com/USCIS_priority_dates.pdf), the priority dates went all the way up to March 2006. So, if there were no more visa's then right after July 2007, how can USCIS continue to make priority dates available?
Kalloo dada
03-08 04:11 PM
If you look at what you dont have in life, you have NOTHING; If you look at what you have in life, you have EVERYTHING
I hope this helps:)
Well said..
Kalloo Dada
I hope this helps:)
Well said..
Kalloo Dada
neerajkandhari
10-08 07:06 PM
I am july 2 filer
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
I believe 180 days are over around 31 dec 2007 for using AC21
I am planning to quit my job and go to india for max 3 mnths
I have a job offer and they are ready to hire me from 1 april 2008
what precautions should i take so i dont have problems while coming back
I am planning to use AP
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