bhasky25
10-11 12:45 PM
Hello guys,
I need a clarification on the process. Here is my scenario
1. PD : Feb 2004 EB3 India
2. 485 : Filed during july 2007
3. 140 : Approved on jan 2009 --> Revoked by my previous company on 12/23/2009
4. AC21 : Used AC21 to change jobs in Feb 2009. Transferred job using H1B tranfer and got it for 3 years(valid until Jan 2012). Changed jobs after 500 days of applying 485.
5. EAD and Ap is not valid(did not renew it as I chose to maintain H1b). I let it expire in 2008.
6. The new company would not file for EB2 as my current job description does not qualify for EB2. They are willing to refile EB3 petition. I was not interested in doing it.
My question is:
If I want to get my H1b renewed again @ Jan 2012, it is possible to get it renewed for 3 years by using my previous 140 approval even though it is revoked by my previous employer ?? If that is not possible, what are my options to maintain my H1B.
Appreciate your insight.
I need a clarification on the process. Here is my scenario
1. PD : Feb 2004 EB3 India
2. 485 : Filed during july 2007
3. 140 : Approved on jan 2009 --> Revoked by my previous company on 12/23/2009
4. AC21 : Used AC21 to change jobs in Feb 2009. Transferred job using H1B tranfer and got it for 3 years(valid until Jan 2012). Changed jobs after 500 days of applying 485.
5. EAD and Ap is not valid(did not renew it as I chose to maintain H1b). I let it expire in 2008.
6. The new company would not file for EB2 as my current job description does not qualify for EB2. They are willing to refile EB3 petition. I was not interested in doing it.
My question is:
If I want to get my H1b renewed again @ Jan 2012, it is possible to get it renewed for 3 years by using my previous 140 approval even though it is revoked by my previous employer ?? If that is not possible, what are my options to maintain my H1B.
Appreciate your insight.
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aj1234567
10-04 06:18 PM
Hi
Any body got finger print appointment letter who filed on Aug3
Thanks
Aj
Any body got finger print appointment letter who filed on Aug3
Thanks
Aj
lord_labaku
09-21 10:20 PM
It may be better to rent in the near future until tax rates increase so much (which they will as someone has to pay for all these unimaginable bailouts) that it starts to make sense again to own a house so as to get the interest deducted in taxes.
Eventually there will be a demand supply equilibrium point. People got to live somewhere right?
Eventually there will be a demand supply equilibrium point. People got to live somewhere right?
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s416504
11-16 01:30 PM
After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee ??????????
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
more...
roseball
06-29 03:26 PM
As per the blog from www.immigration-law.com, today is the last day USCIS will accept any Premium Processing requests for I-140s...
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
06/29/2007: Today Will be the Last Date for I-140 PPS Filing
USCIS has confirmed that the last day when they will accept the I-907 premium processing request for I-140 petition is today, June 29, 2007. Obviously "accept" means physically received or e-filed within today. Again, it is uncertain when the PPS was delivered to the postal station today but not picked up today. This is the risk involving delivery of documents to the Service Center via U.S. Express Mail. Such Express Mail remains in the postal station until it is picked up by the Service Center crew.
paskal
04-12 08:23 PM
In other words we can go through CompeteAmerica, as this is the umbrella organization working in this area?
we do collaborate closely with compete america on these issues.
we also requested everyone to get letters from their employers for administrative fixes...perhaps you missed that. we have also constantly encouraged everyone to present these issues to their employers and get support for immigration reform. at least one major corporation's employees in immigration voice have successfully lobbied their employer to become active and help bring immigration reform. the given corporation has been a strong voice and a great asset to us since then.
so you see my friend, it's really up to you. core team or iv leaders can't do this. you can. it's a good idea. go ahead now and walk the talk! hopefully we will see your employer "abc" (that's it, right Harivinder?) speaking up for us soon.
we do collaborate closely with compete america on these issues.
we also requested everyone to get letters from their employers for administrative fixes...perhaps you missed that. we have also constantly encouraged everyone to present these issues to their employers and get support for immigration reform. at least one major corporation's employees in immigration voice have successfully lobbied their employer to become active and help bring immigration reform. the given corporation has been a strong voice and a great asset to us since then.
so you see my friend, it's really up to you. core team or iv leaders can't do this. you can. it's a good idea. go ahead now and walk the talk! hopefully we will see your employer "abc" (that's it, right Harivinder?) speaking up for us soon.
more...
Rb_newsletter
09-18 05:31 PM
US Laws protect employees completely.
If at all your current employer wants to do anything they can sue your new H1 sponsor or the end client. If your end client and new employer's attorneys are ok to sponsor H1 and job contract, then you don't have to worry.
3 years before I wanted to join my then end client directly. But their vendor manager refused becos they had signed an agreement with my then employer stating that they will not hire any resource for 6 months from the date they leave the work.
If at all your current employer wants to do anything they can sue your new H1 sponsor or the end client. If your end client and new employer's attorneys are ok to sponsor H1 and job contract, then you don't have to worry.
3 years before I wanted to join my then end client directly. But their vendor manager refused becos they had signed an agreement with my then employer stating that they will not hire any resource for 6 months from the date they leave the work.
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ramaonline
12-28 02:21 PM
Some in this situation are planning to do the full time MBA from the IIMs / ISB under NRI quota which requires gmat score. check topmba.com for info on international schools etc
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kaisersose
11-27 01:38 PM
Hi,
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
The short answer is, it does not work. It has been permanently banned following heavy abuse.
Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
The short answer is, it does not work. It has been permanently banned following heavy abuse.
Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.
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hiralal
06-22 06:40 AM
hi,
from what I have heard TB can be deadly. (btw I am not a doctor). I don't know what your post means but if it seems that you do have some form (or mild TB or whatever) ..then do take advantage of the treatments that are available ..health is wealth (esp go for treatment if you have insurance etc)
from what I have heard TB can be deadly. (btw I am not a doctor). I don't know what your post means but if it seems that you do have some form (or mild TB or whatever) ..then do take advantage of the treatments that are available ..health is wealth (esp go for treatment if you have insurance etc)
more...
DesiTech
06-01 06:46 PM
You will, however, need to keep the 140 and labor alive at your old job if you are beyond the 6th year of H1 in order to obtain an H1 transfer or extension with new employer. So if you are already done with your initial 6 year term, then you will need co-operation of your current employer to prevent him from withdrawing your current labor and 140 - atleast until 365 days have passed with new PERM labor or atleast until your PERM and 140 is approved with new GC process.
If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??
MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.
Thx for ur help
If I transfer to new company, how can I keep 140 and labor alive ? Its in old company hands if they wish they can cancel correct ??
MY 6th is completing Aug,2007. So U mean the new company has to start from ground zero then will I get H1 ext. or by that period my PD will be correct. Like my current PD is 06/2003 with EB3. But if I start from scratch I would be qualify for EB2. So can I get PD of my old which was filed under EB3 to new which would be filing under EB2 if I take new offer.
Thx for ur help
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gxr
09-26 02:12 PM
Got EAD approved on 09/25. Filed on 07/03, RN is 09/11. - NSC, 140 still pending.
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dreamworld
12-13 04:05 PM
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
To your question:
Yes, You can apply under EB2 with Masters degree.
But do your own research on pursuing masters. It will take alteast 2+ years to complete and land on a job. The GC process and Economy might swing back or forth without your control.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
To your question:
Yes, You can apply under EB2 with Masters degree.
But do your own research on pursuing masters. It will take alteast 2+ years to complete and land on a job. The GC process and Economy might swing back or forth without your control.
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waitforgc1
05-07 12:08 PM
I think if iam not wrong its not based of the priority date or anything else. Its just random
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lotsofspace
02-14 12:54 AM
Find yourself chocked up with G.C delay ? find your voice here.
- Immigration voice
- Immigration voice
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heywhat
08-03 06:47 PM
Talk to attorney. This really sucks, employer does all BS and employee goes thru all tension and sleepless nights...
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Dhundhun
07-21 05:59 PM
I assume he can use the AP after October 2008 for his travel--correct?
As as dated Oct 12, 2008, on or after this date.
As as dated Oct 12, 2008, on or after this date.
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05-14 09:34 PM
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gcformeornot
04-08 11:59 AM
Its time to file for my EAD. I was wondering what option people prefer most these days. Online or Paper?
Please vote.
Please vote.
ps3539
03-22 01:59 AM
Do not think about your events.
Think about baby's life. Make him/ her a US Citizen.
That's a good gift you can give.
Think about baby's life. Make him/ her a US Citizen.
That's a good gift you can give.
cooldude
08-05 11:51 AM
I filed 485 with G28 form and I just got the receipt yesterday.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
I thought your lawyer is supposed to get the receipts if you had filled G-28.
Details:
I485 - Myselft & Wife filed on July 2nd 7:55 am NSC
Received receipts for both yesterday August 3rd.
Sit tight and relax, everyone will get theirs.
I thought your lawyer is supposed to get the receipts if you had filled G-28.
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