ramhs
02-06 11:58 PM
First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.
In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .
In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .
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EndlessWait
08-09 10:52 AM
Form versions are fine as long as you downloaded from USCIS..cmon guys give urself a break..dont get too nosy about the details... its all fine..u did based on what you were provided with the latest at that moment..that's it..
freedom1
02-28 11:38 AM
CSPAN does not have it on their schedule yet.
It was/is broadcast on: http://www.capitolhearings.org/index.htm
Hearing room Hart 216.
Freedom1
It was/is broadcast on: http://www.capitolhearings.org/index.htm
Hearing room Hart 216.
Freedom1
2011 Swotti - Mercedes CLC, The
JazzByTheBay
08-21 01:24 PM
This is great - thank you!
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
I'll be traveling to/from SFO. Have the new AP Receipt Notice.
jazz
hi jazzbythebay,
i was in pretty much in the same state like you a couple of months ago. i quit the original employer who sponsored by gc, used AC21 and EAD to join a new employer, and then i had to travel to india within a week of joining the new company. I infact had quit the company since I had an offer with another big multinational and i went to india and came back using AP. no h1 stamping. in both the above situations, i have not informed uscis. so literally when i went out of US and came back, i was unemployed. luckily for me they did not ask me the question of "are you working for the same employer that sponsored ur gc"? this is in SFO airport. as long as u have a valid ap, you could get in, its just that you may get some questions. just be prepared for that. Just show them the documents only if they ask for it. but keep it in hand just for your satisfaction. To me, they dont know much abt ac21 etc (atleast not thoroughly), so we dont need to teach them anything. my only worry in your case is, that you have only 2 days before your expiry of AP. So, make sure you take the ap renewal receipt with you, that alone could just prove them that your renewal is in process. hope this helps..bon voyage...
more...
rvenkat1976
04-09 08:46 AM
Thanks Fide Champ.
Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?
Both the employer and the Attorney are tight lipped on my first I-140. Is there a way to take help of some other Attorney and ask them to get the details regarding my first I-140?
gcdreamer05
12-02 10:31 AM
Mine is pending in CSC since April 2008. My husband's extension was applied in July, and it came through in September. But mine is delayed like crazy. Processing date last month was June 16 or something. We have filed SR on Oct 28, but there hasnt been any updates until now.
Bottom line, USCIS=random!
Could you please share how you filed SR, my h1 extn is pending for 92 days.
Bottom line, USCIS=random!
Could you please share how you filed SR, my h1 extn is pending for 92 days.
more...
meridiani.planum
10-09 09:44 PM
E. EMPLOYMENT PREFERENCE VISA AVAILABILITY
The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.
:) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!
The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.
:) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!
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icecolor
09-06 01:28 PM
Same here. However, I think that we will get it sooner.
more...
kumhyd2
07-26 01:08 AM
Another classic case of utter negligence by the attorneys.
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InTheMoment
03-23 04:22 PM
I personally don't think that would be a problem. Just send whatever you have.
more...
invincibleasian
02-05 07:24 PM
Quit the company asap and transfer the h1 to a diff company!
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PD_Dec2002
07-05 04:32 PM
From Mathhew Oh (http://www.immigration-law.com/):
07/02/2007: To File or Not To File, That Is the Question!
The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
---------------
Thanks,
Jayant
07/02/2007: To File or Not To File, That Is the Question!
The USCIS Service Centers Operation office confirmed that the Servce Centers would reject any I-485 applications whose visa numbers are unavailable under the DOS reviised Visa Bulletin that received today would be rejected and returned. In the concurrent I-140 and I-485 application filing, if the I-140 petition filing fee is paid by a separate check, they will accept the I-140 petition only and complete the case and reject and return I-485 and ancillary applications packet to the filers.
---------------
Thanks,
Jayant
more...
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hopelessGC
01-21 04:38 PM
The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.
There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.
If anyone has doubts about what I said then please correct me.
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morchu
05-04 02:44 PM
Going to the original question. The H1B doesnt get invalidated.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.
As per the Neufeld memo links below:
On page 4 of memo:
USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
B. Deny the EB immigrant petition, or
C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.
So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.
See links below for more data
http://ac21portability.com/modules/wflinks/
see Neufeld memo specifically, they also have all other memos and guidelines.
more...
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JazzByTheBay
08-21 01:11 PM
Very helpful response!
Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.
Thanks again,
jazz
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
Yes, it depends on IO, but assuming USCIS has been informed of AC21 portability, I'm guessing we should be OK.
Thanks again,
jazz
I have changed the job on EAD and used AP for returning back. To be on the safeside I have notified USCIS service center about my AC21 change and kept the copy of the package sent to USCIS.
On our return in EWR, we have been sent to secondary inspection. IO asked whom I am working? I said my new employer's name? He took our copies of AP and stamped I-94 as parolled.
On our return in two days our greencard was also approved without any RFEs.
Again it depends on I/O in the port of entry I guess.
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inskrish
08-21 11:13 PM
Well, most of us July filers--including myself--are little stressed out due the Receipt Notice issues, but now I have learned how to live happy even at hard times. Here is how I imagine the NSC center works. A busy morning at NSC mail room.:)
Mail room Clerk: Good morning officer! Today's quota of I-485 Receipt Entry is 3000. In what order I have to pull the 3000 applications from the mound of applications?
Officer: Order? Are you out of your mind? Did you forget my instructions? Go to Rack # 10 and pull 1000 applications, and go to Rack # 15 and pull 1200 applications, and finally go to Rack # 21 and pull 700 applications. It will take just take 10 minutes. If you sort all these applications, it will take hours and hours. Try to be a smart man. OK?
Clerk: Yes sir, I will do it 10 minutes.
(Clerks completes the officier's instruction and comes back with the applications, but seems confused)
Clerk:Sir, it looks like we pulled only 2900 applications, but still we need 100 more.
Officer: What? How did it happend? OK. Let me think. Go to the 'Rejected Applications' rack and pull 100 applications, closing your eyes. It is important you close your eyes and pull the application. Understand?
Clerk: Yes, sir.
(The clerk gets the 100 applications from the 'Rejected Applications' rack)
Clerk: Sir, I am done.
Officer: OK. Now, one final time. Count the applications and make sure we have only 3000 applications.
(The clerk counts the applications again....)
Clerk: In a panic voice, says, "Sir, I don't know how this happend, but we have 3600 applications instead of 3000, but I did't make any mistake, Sir.
Officer:Man, you are always a pain in my ass. Now we have 600 more applications in hand..Hmmm.. Let me think. OK, just transfer these 600 applications to TSC, and today's problem is solved.
Clerk: Yes, sir.
Officer: Bye, see you tomorrow.
Regards,
IK
Mail room Clerk: Good morning officer! Today's quota of I-485 Receipt Entry is 3000. In what order I have to pull the 3000 applications from the mound of applications?
Officer: Order? Are you out of your mind? Did you forget my instructions? Go to Rack # 10 and pull 1000 applications, and go to Rack # 15 and pull 1200 applications, and finally go to Rack # 21 and pull 700 applications. It will take just take 10 minutes. If you sort all these applications, it will take hours and hours. Try to be a smart man. OK?
Clerk: Yes sir, I will do it 10 minutes.
(Clerks completes the officier's instruction and comes back with the applications, but seems confused)
Clerk:Sir, it looks like we pulled only 2900 applications, but still we need 100 more.
Officer: What? How did it happend? OK. Let me think. Go to the 'Rejected Applications' rack and pull 100 applications, closing your eyes. It is important you close your eyes and pull the application. Understand?
Clerk: Yes, sir.
(The clerk gets the 100 applications from the 'Rejected Applications' rack)
Clerk: Sir, I am done.
Officer: OK. Now, one final time. Count the applications and make sure we have only 3000 applications.
(The clerk counts the applications again....)
Clerk: In a panic voice, says, "Sir, I don't know how this happend, but we have 3600 applications instead of 3000, but I did't make any mistake, Sir.
Officer:Man, you are always a pain in my ass. Now we have 600 more applications in hand..Hmmm.. Let me think. OK, just transfer these 600 applications to TSC, and today's problem is solved.
Clerk: Yes, sir.
Officer: Bye, see you tomorrow.
Regards,
IK
more...
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number30
03-27 01:47 PM
Hi,
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
If you own more then 5% in the company you cannot sponsor GC for you self or your family members.
I have an EAD and am in the process of buying a business.
How long do I have to wait in order to apply for GC?
Tnx
Geeta05
If you own more then 5% in the company you cannot sponsor GC for you self or your family members.
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CADude
12-17 07:22 PM
It's true.. CA n NY were worst... Anyway PERM removed this state to state business of Labor for new applicants. But ideally any process should not have luck part including USCIS?
So waits continue till I am LUCKY.....
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
So waits continue till I am LUCKY.....
Dates were current till 2005. They were again current in between.
So it has been a game of luck. Many people got GCs and may even have citizenship by now. Until 2005 your luck depended on the state your labor was filed from.
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ramus
07-04 03:47 PM
Good finding...
Please post this on http://immigrationvoice.org/forum/showthread.php?t=5994&page=21
Please post this on http://immigrationvoice.org/forum/showthread.php?t=5994&page=21
bekugc
04-18 04:15 PM
the main grey area for n2b is --
when he used ac21, if he had done h1 trnasfer and started work after getting h1 receipt, then there is NO qn at all that he is OK. he can work at new plc, his GC keeps going fine.
but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.
im not sure but i think u shud be OK.
- in one of rajiv khannas free conf call. one person had used ead/ac21 and had received "intent to deny 485". he was asking rajiv what shall i do if it gets denied?.
rajiv said, u can fight ur denial for sure, but immediately ask ur company to tranfer ur h1 based on reason that u have an approved 140. and once u get recept u can continue to work and stay here and fight the denial if it happens.
when he used ac21, if he had done h1 trnasfer and started work after getting h1 receipt, then there is NO qn at all that he is OK. he can work at new plc, his GC keeps going fine.
but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.
im not sure but i think u shud be OK.
- in one of rajiv khannas free conf call. one person had used ead/ac21 and had received "intent to deny 485". he was asking rajiv what shall i do if it gets denied?.
rajiv said, u can fight ur denial for sure, but immediately ask ur company to tranfer ur h1 based on reason that u have an approved 140. and once u get recept u can continue to work and stay here and fight the denial if it happens.
abhisam
07-19 03:20 PM
:D
Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :rolleyes:
And yes, I am totally new to IV. The way it has been effective, I will surely contribute...
Even I had considered the idea of translating the BC myself or getting my friend to do it for me...but my lawyer suggested that BC is a very important document and USCIS is very particular about it. so it would be better if you get it done through a professional agency.
Just me doing the translation will do? And how do I demonstrate the "competence" to do that? :rolleyes:
And yes, I am totally new to IV. The way it has been effective, I will surely contribute...
Even I had considered the idea of translating the BC myself or getting my friend to do it for me...but my lawyer suggested that BC is a very important document and USCIS is very particular about it. so it would be better if you get it done through a professional agency.
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