kevinkris
01-22 02:33 PM
Hi All,
I have a question. I am working for a company on a H1-b visa status. And i applied for GC using a different company as future employment and i got my EAD and AP.
What is my stand here? Can i use the EAD and work a completely different company? or do i need to transfer my H1 to the company which did my GC?
Does AC21 apply here? (Because i haven't worked for the company at all who sponsored my GC)
Thanks,
Kris
I have a question. I am working for a company on a H1-b visa status. And i applied for GC using a different company as future employment and i got my EAD and AP.
What is my stand here? Can i use the EAD and work a completely different company? or do i need to transfer my H1 to the company which did my GC?
Does AC21 apply here? (Because i haven't worked for the company at all who sponsored my GC)
Thanks,
Kris
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maheshf
03-20 10:39 PM
My lawyer said i need to do I-140 amendment..wondering if its worth it given i may get approval in few weeks. Has any one done such amendment..how does it impact the timeline?
pady
01-08 02:56 PM
No, It is now ROW, I am from India EB2. But as I said, they didn't make any decision. They still want to review the file and will get back to me in 120 days.
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mansour
09-05 11:01 PM
are you kidding me, hehe ;)
no way!
no way!
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Star
06-18 12:02 PM
I am from Hauppauge, NY. I am wiling to dedicate some time to this cause.
cox
June 12th, 2005, 11:52 AM
From these shots, it looks like you made a good investment :)
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draino
04-15 11:57 AM
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JazzByTheBay
08-01 08:48 PM
You can call USCIS if you don't hear from them within 90 days of filing EAD. Many of you probably know this already, but I thought that was interesting... and may benefit those who didn't know this already.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
more...
tnite
06-25 07:10 AM
Hello All,
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Unless you dont have credit($$$$) to pay your lawyer then it will impact AOS.
LOL
It has no impact.
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Unless you dont have credit($$$$) to pay your lawyer then it will impact AOS.
LOL
It has no impact.
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seahawks
09-12 02:31 AM
Great work !!!
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kramac01
09-25 12:42 PM
Hi all,
I have a Question?
Anybody whose LUD is not updated but received the EAD card directly in mail?
Please respond.
Thanks.
I have a Question?
Anybody whose LUD is not updated but received the EAD card directly in mail?
Please respond.
Thanks.
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pcs
01-25 10:00 PM
AP means, he is pre authorized to come back. Talk to some guys & wait to see some more replies at thou is forum. Ask your friend to block seats till you get more clarity.
Best of luck.....
By the way, pease stay active with IV & help our / your cause by getting more active members & contributions
Best of luck.....
By the way, pease stay active with IV & help our / your cause by getting more active members & contributions
more...
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priya23
02-21 03:09 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
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Blog Feeds
09-09 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
more...
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raysaikat
10-04 11:13 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
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amitk81
09-05 06:34 AM
I never paid, cancelled my appointment before paying.
Was going to pay them just 2-3 days before the actual appointment.
Got it stamped in Mumbai, absolutely no hassel.
Was going to pay them just 2-3 days before the actual appointment.
Got it stamped in Mumbai, absolutely no hassel.
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skd
11-13 02:04 PM
I have same question
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cooldude
07-02 08:56 AM
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
What's your source??
What's your source??
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archanadhar19
11-03 11:50 AM
My perm was filed in May 2007 in EB2. Got RFE in July 2007. Replied within 2 weeks. No response since then.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
Can I do anything from my side. Is there any way to contact/request DOL to inquire about the case.
mirchiseth
05-31 01:38 PM
I am in the same boat. All my applications and approvals in the past have been thru TSC. I submitted the EAD, AP renewals using efile today and got the same.
Wondering if some thing is wrong or USCIS has some new policy?
Wondering if some thing is wrong or USCIS has some new policy?
cooldude
07-02 08:56 AM
I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
What's your source??
What's your source??
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