keyboard2pc
06-12 12:54 PM
Hi
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
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icecold_astro
09-29 09:53 AM
Thank you very much for your prompt reply. That cleared a lot of confusion. If I apply lets say, 3 weeks before the expiration of her I-94, does she have to leave as soon as her current I-94 expires of can she wait for the decision? I she can wait what status will she be in once her current I-94 expires and the extension is still pending?
newtoearth
03-15 12:26 AM
Please reply
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geniousatwork
04-08 11:49 AM
Hopefully this is true...I am sure that would give a lot of people some nights to sleep before the RFE news/rumors start showing up....
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dingox100
03-09 09:21 AM
I recently did apply for EAD and the documents required are as below
1. Personal check or Money order for 380$. I prefer sending personal check so that i can know if my check was cashed.
2. I did paper filing and not e-Filing. Some say efile is better some say paper filing is better , i felt paper filing is easy and better , as we can track our documents sent.
3. Docs req are
1. Filled EAD Application form
2. your 485 receipt notice copy
3. Current Addresss proof. electricity bill, water bill etc.
3.Copy of the biographic page of passport for each applicant
4. i-94 Copy
5. 2 Photographs
6. SSN copy ( i put it as my attorney suggested but its not mandatory)
7. copy of driver licence
1. Personal check or Money order for 380$. I prefer sending personal check so that i can know if my check was cashed.
2. I did paper filing and not e-Filing. Some say efile is better some say paper filing is better , i felt paper filing is easy and better , as we can track our documents sent.
3. Docs req are
1. Filled EAD Application form
2. your 485 receipt notice copy
3. Current Addresss proof. electricity bill, water bill etc.
3.Copy of the biographic page of passport for each applicant
4. i-94 Copy
5. 2 Photographs
6. SSN copy ( i put it as my attorney suggested but its not mandatory)
7. copy of driver licence
agiridhar
04-17 12:24 AM
Looks like from the posts from the main page that its a love-hate relationship between these job-shops. And the problem is analogous to chicken & egg problem, one can never understand who is insane and one cannot survive without the other.
Also may be this cannot be generalized but must be dealt on case by case basis. As every individual and entity and their circumstantial situation is different.
Also may be this cannot be generalized but must be dealt on case by case basis. As every individual and entity and their circumstantial situation is different.
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loudobbs
08-02 04:38 PM
Hi Folks
My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.
Its been 2 months now and I am getting worried.
Anyone who has been in similar circumstances or familiar with this situation pl help.
My Labor was approved under EB2 as the job required a Master's Degree but the Lawyer by mistake filed my I140 under EB3 and was approved Oct 2006. The mistake was noticed in May 2007 when we were planning to file for I485. The lawyer refiled my I140 under premium processing on may 23 2007. I checked the status on line and the LUD is May 27 saying application was received. The lawyer told me that CIS is waiting for 'original labor notice' from the labor dept.
Its been 2 months now and I am getting worried.
Anyone who has been in similar circumstances or familiar with this situation pl help.
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Counterproductive
10-26 03:50 PM
2gether was a tv show. A parody of a boy band.
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Jeff Wheeler
04-09 08:04 PM
Great job both of you, and glad I could offer inspiration. :D
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krishnam70
05-04 06:39 PM
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
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reddy77
12-17 07:33 AM
Thanks for the reply, I checked with the post office and they were unable to help, I have re-added my name to the mail box. but not sure whether its sent back. I will wait for couple of days more and call USCIS, Do i need to follow the same steps again, pay fees, file online??
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MightyIndian
09-28 12:55 PM
I filed to NSC on 7/20 but receipted by CSC on 9/20 acknowledging the receipt date as 7/20 and transferred I-485 alone to NSC reataining I-765 and I-131. Since then no FP notice or LUDs on I-485 from NSC but EAD and AP are approved from CSC.
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bestia
03-20 03:30 AM
You are fine, you can use AC21. You don't need to have I-140 approved to invoke AC21. You can even port your H1b to company A or you can just use your EAD. You just have to make sure that they won't withdraw your pending I-140 and properly reply to any RFE.
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immigration1111
08-12 10:51 PM
Could anyone please respond to this???
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mrsr
08-10 06:33 PM
are we going to have any press release on receipt updates?
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yagw
08-17 10:55 AM
My PD is Nov 24th 2005. EB2- India. Filed @NSC
Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.
I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.
I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.
Has anyone got slapped on the hand for not following this?
I have also sought help from my senator, however no useful information has come out of it.
Are their any other options available?
If you select the option "you need information" on a case, then you don't have to wait for 30 days. But no one can assure if the infopass will be helpful (irrespective of, wait or not wait for 30 days).
Try asking specific questions (when you call or go in person) like, is my name check cleared? background check cleared? pre-adjudicated? assigned to a io? etc. You might have to try more than once depending on the rep you talk to (talk to level 2 officers when you call). Good luck!!!
Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.
I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.
I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.
Has anyone got slapped on the hand for not following this?
I have also sought help from my senator, however no useful information has come out of it.
Are their any other options available?
If you select the option "you need information" on a case, then you don't have to wait for 30 days. But no one can assure if the infopass will be helpful (irrespective of, wait or not wait for 30 days).
Try asking specific questions (when you call or go in person) like, is my name check cleared? background check cleared? pre-adjudicated? assigned to a io? etc. You might have to try more than once depending on the rep you talk to (talk to level 2 officers when you call). Good luck!!!
more...
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a_to_z_gc
09-27 12:53 AM
I don't think you read his question- He/She wanted to know if the FP can be done in an American Consulate General in India if he gets his FP notice while he/she is in India.
Does anyone know of this situation and if any consulate in India can do the FP?
If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.
Does anyone know of this situation and if any consulate in India can do the FP?
If you get your FP notice while in the US go to the ceter any day at 7.45 am before the center opens and request the staff to do the FP.They generaly oblige.I did it in Los Angeles.
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krishmunn
03-30 10:26 AM
Once you take appointment you can call the same consulate and sned required documents and get PIMS verified.
You mean even the consultaes in India verify that ? I thought only those in Mexico do that.
You mean even the consultaes in India verify that ? I thought only those in Mexico do that.
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manish756
04-12 06:06 PM
Thank you sir for you response .My wife is coming on wednesday. I just wanted to have some advice. sorry if you think putting urgent or pls help is wrong on the post
OLDMONK
07-18 11:39 AM
Hi,
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.
Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.
Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.
Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)
If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.
I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.
Since you did not post details of your labor, I am not sure people can help you much with specifics.
some helpful pointers.
Try not to club your experience to come up with education equivalency.
If your labor is perm make sure you are already being paid what is on the labor approval.
Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.
I am assuming there is no ability to pay issue and the company is green on its financials.
jthomas
10-18 04:47 PM
I am not sure i understood your question. Is it H1B interview date or H1B stamping. In case of H1B stamping, the dates are normally booked but keep checking vhs..... website and you may find a slot. I used to check everyday and after a month i saw few slots available on december. However, the consulate answers to emails promptly and i was once told that for H1B stamping can be done if notified 14 days in advance.
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