a_yaja
03-07 03:34 PM
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
Yes, you should get H1B stamp with Company C's annotation. Roseball's comments seems to suggest that it is not necessary to get a new visa as long as you H1B has not expired. However, that is not what I was told by my attorney when I changed employer and had to visit India. Also, during my interview in Chennai, the officer told me "I see that your application is for change of employer". I just said yes. I think it is best that you get in touch with an attorney and seek attorney's opinion. They are the experts and will have the correct information.
mambarg
08-03 04:32 PM
This is exactly what everyone is doing.
All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.
Surely , you can file another EB2 140 and later when that becomes current, file another 485.
All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.
Surely , you can file another EB2 140 and later when that becomes current, file another 485.
lj_rr
11-11 06:11 PM
BUMP...Anyone?
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
snathan
07-10 12:46 PM
I think, you can still work on H1 even though your current extension is pending
Do you understand the question first...
Do you understand the question first...
more...
waitin_toolong
08-15 06:51 AM
and since you applications are not being filed with I-485 you will have to pay the new fee.
meridiani.planum
12-11 12:26 PM
Hi Everyone,
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
Here is the scenario:
Category: EB3-INDIA
PD: APRIL 2004:
140: Approved.
485 filed on July 2nd, 2007 (of course, still pending)
Changed Employer after invoking AC21 (without sending any documentation to USCIS)
There is possibility that my new employer (where I am working on EAD) may get ready to file gc for me in EB2.
Now, here are my question:
1) Since my EB3 485 is pending, is it possible for another employer to file under EB2? Is this the process which is called Inter-filing? Has anyone done that?
2) At what stage previous EB3 PD can be used ? At the time of 140 filing, 140 approval or new 485 filing?
3) What if new EB2 I40 gets rejected? Does it have any impact on old EB3 approved 140 and pending 485?
4) Does the scenario look too risky?
5) Any one in the same boat?
Thanks in advance.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
more...
minimalist
11-12 02:59 PM
Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).
IMHO, that's a big risk as you will never know if the IO just gives for a month, 2 months or 6 months.
There is the risk of getting stuck in security processing if you apply for another visa as shared by another member.
For your friend's case s/he needs to weigh these risks and see which one s/he can take.
IMHO, that's a big risk as you will never know if the IO just gives for a month, 2 months or 6 months.
There is the risk of getting stuck in security processing if you apply for another visa as shared by another member.
For your friend's case s/he needs to weigh these risks and see which one s/he can take.
casinoroyale
01-31 02:18 PM
Ok, this is a tough'ie.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
You might be ok, but let me explain. There 2 rules that play-in in this scenario. One is " last action ", the other is " effectve date of your new I-797 ". If the start/effective date of your new I-797 is later than your last action i.e your entry in the USA, then technically your new I-94 which you got from your new I-797 will kick-in from its effective date making your stay in USA legal till its end. Now, if the start/effective date of your new I-797 started before you entered USA using your OLD I-797 (concequently got short I-94 validity) that will control your legal stay period ( as per last action rule ).
That being said, this is very tricky situation, though arguably valid as per different memo's of USCIS. So it is in your best interest, either to go with this interpretation and do nothing if the first case that i explained above is true or play safe and go out of country and enter back US using your new I-797.
Consult a lawyer before you take any step.
Thanks.
more...
krishnam70
03-25 07:55 PM
-
Are you serious? Is this a serious question? why did u edit all your posts?
- cheers
kris
Are you serious? Is this a serious question? why did u edit all your posts?
- cheers
kris
Ann Ruben
04-20 05:44 PM
Yes to both questions. You should also submit the fee rec't for the cos.
more...
naushit
01-09 02:58 PM
Guys Here are my ideas for actions.
Our community is facing basically two types of problems
1) Visa number shortage.
2) USCIS Administrative problems.
Visa Number shortage is not fixable without proper law change.
While USCIS Administrative problems are easier to handle.
I would suggest, after new homeland security secretary (Janet Napolitano) takes office on Jan 20 2009, We should simply take 30 minute appointment.
Sit down with her....and explain her along with "Power point" presentation.
We are highly skilled professionals, so lets tackle these issue very professional way.
We should explain her about following things
- Out of order case processing ( this will fix about 40% of our problems)
Since our case becomes very very predictible.. one can sleep at night without checking their emails from CRIS.
- Timely publication of numbers.
- Proper publication of backlog numbers with details for each category.
- Open communication with IV community just like Ombudsman take calls from public.
- Please add your idea here
Thanks!
Naushit.
Our community is facing basically two types of problems
1) Visa number shortage.
2) USCIS Administrative problems.
Visa Number shortage is not fixable without proper law change.
While USCIS Administrative problems are easier to handle.
I would suggest, after new homeland security secretary (Janet Napolitano) takes office on Jan 20 2009, We should simply take 30 minute appointment.
Sit down with her....and explain her along with "Power point" presentation.
We are highly skilled professionals, so lets tackle these issue very professional way.
We should explain her about following things
- Out of order case processing ( this will fix about 40% of our problems)
Since our case becomes very very predictible.. one can sleep at night without checking their emails from CRIS.
- Timely publication of numbers.
- Proper publication of backlog numbers with details for each category.
- Open communication with IV community just like Ombudsman take calls from public.
- Please add your idea here
Thanks!
Naushit.
smartboy75
06-27 12:41 PM
Hi All
Just came accross the following information as posted by the uscis latest newsletter...
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com
Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
Just came accross the following information as posted by the uscis latest newsletter...
If I am filing for a replacement EAD under 8 C.F.R., Section 274.a.12(c) (9), how long is the EAD valid?
If an individual requests to replace an EAD that has not expired, USCIS will issue a replacement EAD that is valid through the same date as the previously issued EAD. However, if the previous EAD has expired, USCIS will process the request for a renewal EAD and determine the appropriate validity period based on the Department of State Visa Bulletin and the applicant�s priority date.If USCIS determines that an applicant has filed multiple Forms I-765, the agency may deny the applications for the replacement or renewal EAD.
source: Latest USCIS Monthly Newsletter
Link available via www.immigration-law.com
Dos this mean that to get 2 yead EAD we have to file for an extension after the current EAD expires ???
more...
dummgelauft
06-15 12:40 PM
Dear Friends,
Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
I have some questions
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
3. Any guidelines in order to correct the information in my original certificate.
4. Any other vital information in this regard
Thanks you all.
Zimmyneuro
Hey, What you really mean is that one or two LETTERS in your name do not match your name on the passport. An ALPHABET is made up of ALL the letters in a languge. The neglish ALPHABET is made up of LETTERS from A to Z.
Please advise me for the following relating to my birth certificate that I have to use for Immigration purposes.
One or two alphabets of my name on birth certificate are different from my passport and secondary school. In addition, my family name is not included in the certificate. Rest of the information is all fine and matching with my passport and secondary school certificates( like DOB, Parents, Place etc)
I have some questions
1. Does the birth certificate issued by Indian consulate in foreign country is deemed acceptable?
2. Do I need to furnish any kind of affidavit along with original birth certificate, if yes, please share the format for those, who is writing these affidavit and any specific stamp paper/value etc?
3. Any guidelines in order to correct the information in my original certificate.
4. Any other vital information in this regard
Thanks you all.
Zimmyneuro
Hey, What you really mean is that one or two LETTERS in your name do not match your name on the passport. An ALPHABET is made up of ALL the letters in a languge. The neglish ALPHABET is made up of LETTERS from A to Z.
gcwait2007
02-15 11:48 AM
I am in similar situation. I have received EAD and AP but planning to move on, using H1-B transfer.
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
If I use H1-B transfer, have I to ask my new employer to do PERM again and then I-140??
Or
Is it just enough to send a AC-21 letter to USCIS that I chnaged to a new job which is similar to the one for which I got PERM & I-140 approval.
Please advise.
more...
Pagal
06-26 08:48 AM
Hello,
Great! Can work on content ... there is already a thread in Donor forum (http://immigrationvoice.org/forum/398888-post13.html). Would be great, if your efforts are coordinated with IV core ...
Great! Can work on content ... there is already a thread in Donor forum (http://immigrationvoice.org/forum/398888-post13.html). Would be great, if your efforts are coordinated with IV core ...
kanshul
02-01 10:42 AM
Your EB3 date (dec 2004) will not be current for the next 12 years, check the link - when will I get my GC on the front page for this site.
more...
sri1309
02-12 08:52 PM
Because you , me and many like us have bad luck!!!! EB categories are now unofficial lottery system. If you lucky you will not wait!
I dont have any other explanation.
The harder I worked, the luckier I got.. I am quoting somebody here.
What did we really do in the last so many years to highlight our issues. Be frank. Did you just wait for things to happen or did you participate or do somethig atall. Your answer will help others realize if something is missing and hence can convert into positive action.
I dont have any other explanation.
The harder I worked, the luckier I got.. I am quoting somebody here.
What did we really do in the last so many years to highlight our issues. Be frank. Did you just wait for things to happen or did you participate or do somethig atall. Your answer will help others realize if something is missing and hence can convert into positive action.
rajsri
03-23 07:50 PM
You can apply for premium processing by paying 1000$ so that you can get your extension in a weeks time.
vban2007
06-07 02:09 PM
is there nobody with info/experience on this????
I am in the same situation...
I am in the same situation...
rsdang
08-27 04:55 PM
I went to AZ-DMV showed them my I485 receipt. The representative didn't know about the new ID law that this is enough as a legal document. I need to asked for the supervisor to get my license renewed.
They did not accept the I-485 receipt... They did accept the EAD and renew based on that...
They did not accept the I-485 receipt... They did accept the EAD and renew based on that...
satyasaich
09-08 01:03 PM
Surely great job.
i hope all these sincere efforts will result in a win-win situation
wonderful job
Satya
i hope all these sincere efforts will result in a win-win situation
wonderful job
Satya
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