ImmigrationAnswerMan
06-30 12:36 PM
Changingjobs:
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
STAmisha
07-27 02:32 PM
Bumping up
dhirajgrover
08-10 12:51 AM
What's the current status?
sundarpn
08-23 04:36 PM
I am told that is better to apply for COS after like a semester or two of study on H-4...
Looks like chaning to F-1 is better since OPT gives a great benefit to finidng a job esp in current conditions where no-one is going to file for an H1b right of the bat...
Also once on F-1, she is not dependent on the H1B status of the primary.
Looks like chaning to F-1 is better since OPT gives a great benefit to finidng a job esp in current conditions where no-one is going to file for an H1b right of the bat...
Also once on F-1, she is not dependent on the H1B status of the primary.
more...
saxx
01-19 10:52 PM
Yeah man, trying to communicate with
blog.organa.ca
blog.organa.ca
roseball
08-26 04:54 PM
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
AFAIK, if the MS degree is from an US accredited institution and your new EB-2 job requires a MS degree, then yes, your new employer can start the EB-2 process for you. Once you have a US Masters, it doesn't matter what your earlier educational qualifications are. Key thing here is that your EB-2 job MUST require a Masters degree.
more...
immigrant2007
09-26 12:46 AM
time to sart a campaign.....hey I am legal, I applied for GC in 2001 and govt will give it to me after it has given to all 245i, and everyone and that happens to be in 2012, so how abt guys in 2002,2003,2004?
When it was time to give GC govt wasted all our numbers now they dont want to give us.
BTW is there really a law that disallows using unused visa number for a given fiscal year oafter the end of that fiscal year? If so where is it and how does it read like?
When it was time to give GC govt wasted all our numbers now they dont want to give us.
BTW is there really a law that disallows using unused visa number for a given fiscal year oafter the end of that fiscal year? If so where is it and how does it read like?
dealsnet
05-06 04:10 PM
Your earlier post regarding same story about your friend. Now you are telling it is your case. Which one is true.???
Are you making story and make sensation??
Guys see her earlier post.
http://immigrationvoice.org/forum/showthread.php?p=329024#post329024
Urgent:h1 visa holder leaving country without informing employer!
--------------------------------------------------------------------------------
Please help!
One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?
Any valuable suggestion will be highly appreciated.
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
Are you making story and make sensation??
Guys see her earlier post.
http://immigrationvoice.org/forum/showthread.php?p=329024#post329024
Urgent:h1 visa holder leaving country without informing employer!
--------------------------------------------------------------------------------
Please help!
One of my friends holding h1 visa had to travel outsdie the country for a family emergency. She informed her employer at the earliest opportunity she had, after reaching India. Now her employer had filed a law suit against her, stating that it is against law to leave the country without informing the employer! Is this true? Will she be in trouble? The employer had not paid her salary for past 2 months. She is ok with not continuing her employment with this employer if they are not willing to give the pay slips, and is ok with staying in India for a while. But she is worried that, will this case cause her any issue in future, when she return back to USA?
Any valuable suggestion will be highly appreciated.
My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?
Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.
more...
josecuervo
08-11 10:46 AM
see my signature
STAmisha
07-27 03:12 PM
Can I interfile even if PD is unavailable?
more...
sheshadripv
12-13 12:45 PM
My collegues have travelled via Germany with exipred visa(they had valid I94s too). and I heard that only via Germany transit visa is not necessary. But if you travel through France, transit visa is necessary.
saddaypally
09-30 10:34 PM
Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.
Thanks,
Shravan
Thanks,
Shravan
more...
Pasquale
01-14 09:50 AM
That's neat glos :D
Pasquale
01-14 09:50 AM
That's neat glos :D
more...
gbof
06-14 11:50 PM
Kumarr,
I had the same situation for my daughter who turned 14.They requested for biometric fee $80.00.It should be simple and OK.just pay the the amount and you should be fine.After that you may get a FP notice.
Once we sent the bimetric fee,proceesing resumed and everything was fine.
Same here. My daughter turned 15 and got 2nd FP notice but NO fees as you mentioned but her was transferred to another center few months ago.
I really don't understand the logic of fees. PLease correct me if I am wrong here -I thought there is a 'lock-in-date' which is at the elegibility data at the time of filing. This saves all concerns of aging out and issues regarding fees. They can't keep asking for enhanced fees for already filed cases.
I had the same situation for my daughter who turned 14.They requested for biometric fee $80.00.It should be simple and OK.just pay the the amount and you should be fine.After that you may get a FP notice.
Once we sent the bimetric fee,proceesing resumed and everything was fine.
Same here. My daughter turned 15 and got 2nd FP notice but NO fees as you mentioned but her was transferred to another center few months ago.
I really don't understand the logic of fees. PLease correct me if I am wrong here -I thought there is a 'lock-in-date' which is at the elegibility data at the time of filing. This saves all concerns of aging out and issues regarding fees. They can't keep asking for enhanced fees for already filed cases.
NELLAIKUMAR
08-14 11:20 PM
I feel that getting the EAD will give us more flexibility to survive in this economic condition as well as eligibility for spouse to work.
more...
logiclife
12-03 12:02 AM
Please name your thread appropriately, dont make it look like an ad for caregiver. Also, you are going to need an attorney for this and you will not be able to get your problem solved with forum posts.
I am going to allow this thread as we have allowed H4 related and visitor visa related threads for people before, and all visitors visa thread are non-immigrant visa related thread even if they are for parents of EB immigrants.
And please ... no more arguments between "This forum is overly Indian/Chinese" versus "This forum is not so".
There is a naturally high number of posts about indians/chinese because retrogression victims from India and China outnumber rest of the world proabably 8 to 1.
-- Admin
I am going to allow this thread as we have allowed H4 related and visitor visa related threads for people before, and all visitors visa thread are non-immigrant visa related thread even if they are for parents of EB immigrants.
And please ... no more arguments between "This forum is overly Indian/Chinese" versus "This forum is not so".
There is a naturally high number of posts about indians/chinese because retrogression victims from India and China outnumber rest of the world proabably 8 to 1.
-- Admin
Googler
07-18 10:13 PM
Hi Googler,
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
Clockwork,
The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.
I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.
Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -
Clockwork,
The SOP --i.e. the step by step procedure given here in your 485 Stand Proc file (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238) is badly outdated -- for example there is no mention of these horrifying name checks, how they are initiated, how they follow up(what is described there is the old version of background checks, none of that applies any more; the service center information is outdated etc etc.)
I think your "uscismanual" file is captured in the current CIS AFM (see link in Andy Garcia's post above) but it is not a step by step SOP, again there is no mention of security checks etc. As far as I know there is no publicly available version of the current SOP.
I wanted to point this out in case people go away thinking the world is still operating as described in that badly outdated file.
mdmd10
08-27 05:03 PM
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
I believe the answer to that would be a 'No'.
If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.
However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.
I believe the answer to that would be a 'No'.
If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.
However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.
javadeveloper
05-26 05:23 PM
Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
Do you have any link/url?
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
Do you have any link/url?
addsf345
12-30 03:01 PM
I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
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