Ann Ruben
02-07 09:23 AM
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
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lost
07-09 01:12 PM
its a good option to move from eb3 to eb2. Jumping from 2001 to 2005 on VB!
small2006
08-08 02:46 PM
How did your GC process turn out? Any RFEs because of this?
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!
Basically I don't have a problem with amending my H1B if it does not do me any harm when it comes to my GC. What's most irritating is that my GC attny who has all the answers and could very easily advice me what to do suggested to set up a PAID CONSULTATION with their H1B attorney to discuss this. I am almost certain that eventual conclusion will be that its o.k. to amend the H1B. Even during this time after having spent the 1000s of $$$ for my GC they still want to milk me for more money and that's more troublesome than anything else. Its just the attitude.
Having said all this, I think I am going to spend the $$, talk to the H1B attny just for my own satisfaction.
Sorry about the rant and thanks for hearing me out.
May not be direct answer to your question, but I had the same issue 3 years back - though my situation was a little bit different as I was changing dept. within the company - i also had arguments from both sides of the fences......eventually the company lawyer went ahead and filed an AMMENDED H1-B!!!!!......And on my GC application it has been shown as 2 different jobs.....now the sad part....when I suggested to the lawyer to file in EB-2 category instead of EB-3 (I know it also depends on the job description) because I had experience (previous job in the same company) + MS degree......the same lawyer said that it is not counted as 2 separate jobs because you were in the same company:(.......might be he was correct both the time (though I have my own doubts).....but I would advise to do what the lawyer suggests......unless you have some solid proof to back your theory!!!
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avi
04-17 01:51 PM
I am currently on EAD and used AC 21. Just in case if I suspect that there might be some issue during final I 485 approval, can I have my company apply for my H1 transfer before I 485 is approved?
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
If I do so, what will be the status of the I 485 application after H1B transfer?
This is a bit confusing question to answer but if I apply for my H1B transfer now, what will be its validity date?
All help appreciated. Thanks all in advance.
I thought if you invoked your AC21 - you hopped on to the pending-immigrant boat leaving the non-immigrant boat altogether ... and that boat is now gone ...
To get back to a non-immigrant boat .. you may have to get a new one ... but in that case you'll have to show your intent of non-permanent stay in the US ... which your 485 would contradict anyways ...
A better option would be to have your legs in both the boats for as long as possible - i.e. transfer your H1 (and not get on to your EAD) while your 485 is still pending.
I may be wrong .. but this is how i perceive it
Peace.
more...
sanju_dba
11-11 02:17 PM
Thanks for your help, by the time I start the business it should be around 6 months, hoping there will be no problem in near future as adviced, Im planning to go head & start the business. Once again thanks for all your support.
6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.
6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.
bo12b
11-24 02:00 PM
Anyone??
bo12b
Hello all,
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
bo12b
Hello all,
My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.
But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
OR
Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??
I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.
Thanks
Bo12b
more...
sk.aggarwal
07-23 12:46 PM
Thanks Snathan this will be the best. Problem I am facing is that no one is willing to start GC process unless I join them and they start making money to offset the costs. Can you suggest someone who can help?
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champu
02-18 07:31 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek -
I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
Vivek -
I have similar situation.
Now, my H1b expires in a few months. I am wondering whether I am eligible for H1b extension as I have Parolee I-94.
Please let me know. Thanks
more...
garybanz
09-26 04:20 PM
My lawyer asked for separate checks for each application.. FP is always added to I-485 fees.. But since they issued EAD receipt for you and spouse, that means definitely 2 485s... Guess you need to wait for the receipts to get the missing receipt # or you can call USCIS...
Usually how long does it take to get recipts after the check in cashed?
Thanks.
Usually how long does it take to get recipts after the check in cashed?
Thanks.
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Ramba
05-04 02:04 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
more...
.jpg "John+cena+2011+wwe+")
reverendflash
10-21 03:46 AM
Yeah, if I had anything but a 9pin dot matrix printer I could have made the heart red (lol - it took me a heck of a long time to make it even semi-resemble a heart) :P
used up 1/2 a ribbon to print... :P
funny, I hadn't thought of that in years... that was right before the end... :-\
Rev:elderly:
used up 1/2 a ribbon to print... :P
funny, I hadn't thought of that in years... that was right before the end... :-\
Rev:elderly:
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Leo07
07-07 08:23 PM
I don't agree with what mbawa2574 has to say,but I certainly disagree banning mbawa for expressing views. I think, mbawa2574 is well within limits of posting anything that could hurt IV image/goals. ( On this thread, I mean).
What's the damage caused to your effort?( apart from deleting threads )
I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.
mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?
I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.
Cheers!
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
What's the damage caused to your effort?( apart from deleting threads )
I'd rather help channel his thoughts and energies in a direction that helps IV than ban him.
mbawa2574, can you get in touch with some one in IV Core and put your thoughts on paper?
I'm sure you understand by now that IV is made of just you, me and bunch of other anonymous keyboard monkeys.
Cheers!
mbawa,
We regard IV website as an important tool to reach our goal. Please be cautioned that if we find you damage our effort, we will be forced to ban you from this website.
IV Team
more...
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GCBy3000
07-30 05:16 PM
If they dont have the option of having old one till Aug 17th, then they made mistake as usual. They will pull this new one down tomorrow or later or they will keep the old one in parallel with instructions for the July beneficiaries.
Do not worry much. We know how USCIS works.
Do not worry much. We know how USCIS works.
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augustus
09-10 12:56 PM
Dear All,
Thank you for your advice. You were all right. We got both our FP notices and both are in the same day.
I really want to appreciate all your responses.
Take Care and let us be united always.
Thank you for your advice. You were all right. We got both our FP notices and both are in the same day.
I really want to appreciate all your responses.
Take Care and let us be united always.
more...
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Jimi_Hendrix
11-17 12:51 AM
On passing of the nuclear deal. As you all must have read from the immigration voice newsletter, once the nuclear deal is through we will get renewed support from the Indian American caucus on our legal immigration reform needs.
Once again hearty congratulations to India on crossing the first step of securing civil nuclear technology! Jai hind:)
Once again hearty congratulations to India on crossing the first step of securing civil nuclear technology! Jai hind:)
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gandalf1234
02-10 03:58 PM
Sharma ji -
I heard 6 mths but there is no written rule .
Please do not hijack my thread .....
This thread is about H1-Extension pending after 485 approval
I heard 6 mths but there is no written rule .
Please do not hijack my thread .....
This thread is about H1-Extension pending after 485 approval
more...
makeup The Rock vs John Cena,
santb1975
11-21 02:30 PM
With an EAD in hand and with the Market there could be a bigger and better opportunity. Keep up the high spirits
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
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Prashant
01-22 07:30 PM
Thank you IV,
I really appreciate u folks whatever be the outcome ....
Thank you once again.
I really appreciate u folks whatever be the outcome ....
Thank you once again.
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wandmaker
06-13 10:46 AM
Call USCIS and tell them you have not received your green cards yet..
Do not give any incorrect directions.
TexasGuy: As long as you remember your alien number that would do - Since you filed for replacement card, you have nothing to worry. Just make sure, your are not the victim of identity theft.
Do not give any incorrect directions.
TexasGuy: As long as you remember your alien number that would do - Since you filed for replacement card, you have nothing to worry. Just make sure, your are not the victim of identity theft.
desperatlyinwaiting
06-15 10:19 PM
Thank you for the quick response and advise.
Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?
I do not have experience with this, so I greatly appreciate your patience.
Do they stamp the I-551 on a current passport, when he gets it renewed, even if we have not receive the approval letter? How do they verify this?
I do not have experience with this, so I greatly appreciate your patience.
GCBy3000
07-11 06:51 PM
I am reading "CIR is dead" from logiclife. I have not read this anywhere? Is this officially declared? If not, pls edit this as I do not want IV member to get caught on this news break.
Everyone who is frustrated: please have some restraint.
Shouting out, and making fun of lawmakers does not behoove us if we are working with their offices.
Imaigine this: We go into a lawmaker's office (which we do quite often even now, even tho CIR is dead) and explain who we are, our situation, retrogression, etc. etc. and then the staff comes to us and says: By the way, your website has said "This" about my boss, congressman XYZ.
What do you think we are going to say to them? That we practice first amendment rights on our forums where we openly trash you, and the next morning, we walk into your office and ask for provisions and legislations to help us????
First amendment is great to have when you need to rebel, protest and outright oppose someone. Not when you are looking to work with someone and advocate. There is a huge difference between advocacy and protest.
So legal, others, while it provides a great deal of relief to lash out at congressmen, or media, (I've done my share of mistakes in this regard, so I know) try to do it in a way that it doesnt make us look like fools when we go to their office asking for favors/provisions.
Everyone who is frustrated: please have some restraint.
Shouting out, and making fun of lawmakers does not behoove us if we are working with their offices.
Imaigine this: We go into a lawmaker's office (which we do quite often even now, even tho CIR is dead) and explain who we are, our situation, retrogression, etc. etc. and then the staff comes to us and says: By the way, your website has said "This" about my boss, congressman XYZ.
What do you think we are going to say to them? That we practice first amendment rights on our forums where we openly trash you, and the next morning, we walk into your office and ask for provisions and legislations to help us????
First amendment is great to have when you need to rebel, protest and outright oppose someone. Not when you are looking to work with someone and advocate. There is a huge difference between advocacy and protest.
So legal, others, while it provides a great deal of relief to lash out at congressmen, or media, (I've done my share of mistakes in this regard, so I know) try to do it in a way that it doesnt make us look like fools when we go to their office asking for favors/provisions.
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