gcformeornot
02-01 08:55 AM
Hi,
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
so you came to US in 2007 and u substituted labor with PD 2004. how much did you pay for this?
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
so you came to US in 2007 and u substituted labor with PD 2004. how much did you pay for this?
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GCSOON-Ihope
11-04 05:32 PM
Guys,
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Of ourse you can always find a new employer!
However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
In your situation, just file a new H1 with a new employer, that's it.
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Of ourse you can always find a new employer!
However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
In your situation, just file a new H1 with a new employer, that's it.
chanduv23
09-14 04:50 PM
Come on folks - follow your heart
SEE YOU ALL THERE IN DC
SEE YOU ALL THERE IN DC
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maddipati1
10-26 02:24 PM
First, listen to this looking at the video.
Then, listen with eyes closed or looking away.
http://www.youtube. com/watch?v=aFPtc8BVdJk
Then, listen with eyes closed or looking away.
http://www.youtube. com/watch?v=aFPtc8BVdJk
more...
KanME
11-05 03:16 AM
87 Members ..That is Super...Hope you get to 100 soon...Good Luck Texas IV Team...!
she81
01-23 08:25 PM
"Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do.
So throw off the bowlines. Sail away from the safe harbor.
Catch the trade winds in your sails. Explore. Dream. Discover."
- Mark Twain
Nice adage. :)
So throw off the bowlines. Sail away from the safe harbor.
Catch the trade winds in your sails. Explore. Dream. Discover."
- Mark Twain
Nice adage. :)
more...
seekinggc
07-16 04:59 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
Hey,
My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.
My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....
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msyedy
12-29 05:55 PM
After 6 months of EAD a person can change jobs, but his hiring company should give him the same title in which his application for a GC is filed.
(Same title and should be able to show that the company can pay him the pw)
So working for your own company after 6 months of EAD is kind of risk.You can work for a friend's company who can support you.
Please consult your lawyer.....
always seek legal advice.
(Same title and should be able to show that the company can pay him the pw)
So working for your own company after 6 months of EAD is kind of risk.You can work for a friend's company who can support you.
Please consult your lawyer.....
always seek legal advice.
more...
marty
01-09 01:07 PM
I think the text of the post is missing. I am quoting it from the original post below.
URL: http://immigrationvoice.org/forum/showthread.php?t=23029
We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:
US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml
US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm
I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:
http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf
------------------------------------------------------------------
E-Mail Subject
Delay and concerns about USCIS processing time updates
E-Mail Text
Dear [Name of your local representative]:
I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:
1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.
2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.
I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.
Thank you,
[Your Name]
------------------------------------------------------------------
Please let me know if anything else needs to be added to the e-mail text.
Thanks.
URL: http://immigrationvoice.org/forum/showthread.php?t=23029
We need to talk to our local govt. officials about the delay and discrepancy in the processing times published for the USCIS service centers. Please go to the following URLs and find out about your local govt. representative:
US House of Representatives
https://writerep.house.gov/writerep/welcome.shtml
US Senate
http://www.senate.gov/general/contact_information/senators_cfm.cfm
I am providing you the text that you can use in your e-mail. Please also download the processing time for the service centers from the following URL:
http://www.filefactory.com/file/a014c1d/n/Processing_Time-11182008_pdf
------------------------------------------------------------------
E-Mail Subject
Delay and concerns about USCIS processing time updates
E-Mail Text
Dear [Name of your local representative]:
I am writing you in reference to the USCIS processing times updates on their web site at https://egov.uscis.gov/cris/processTimesDisplay.do. Following are my concerns:
1. The last update on processing time was published on November 18, 2008. No update was made to the processing time since November 18, 2008.
2. There appears to be discrepancy between the dates the processing time is posted and the service center processing dates. Attached is the processing time report from November 18, 2008 for California Service Center, Nebraska Service Center, Texas Service Center, and Vermont Service center. Please notice the date processing time was posted was November 18, 2008 and the service center processing dates was given as of September 30, 2008.
I will appreciate if a corrective action is taken so that the processing times are published on time and the discrepancy between the date posted and service center processing date is addressed.
Thank you,
[Your Name]
------------------------------------------------------------------
Please let me know if anything else needs to be added to the e-mail text.
Thanks.
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sathishav
02-21 02:11 PM
The timing also depends on which country you belong to. Fill out he profile as much as possible. That helps a bit.
more...
gsc999
09-14 02:54 AM
Can you guys think of an Immigration Voice jingle. A tune that is catchy.
IV members who have an eye for lyrics and music lets see what you got.
Let me try:
************************************************
"Immigration Voice, Immigration Voice, Immigration Voice Rocks!
When dark clouds of labor backlog envelops my domain
Immigration Voice is one sure place that can help my spirits regain
Lot of questions and a long wait for my green card
Immigration Voice is where I get sage advise from the bard
Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
In the dark storm, one shining light, like minded people who share my plight
One day I will wake up from this nightmare,
I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care
One day soon, I will become a proud story,
One more American dream, till then Immigration Voice makes me forget my worry
I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
Silver lining on a dark cloud, one single ray of hope
Immigration Voice, Immigration Voice, Immigration Voice Rocks!
***********************************************
Please improve
Cheers!
_____________
IV members who have an eye for lyrics and music lets see what you got.
Let me try:
************************************************
"Immigration Voice, Immigration Voice, Immigration Voice Rocks!
When dark clouds of labor backlog envelops my domain
Immigration Voice is one sure place that can help my spirits regain
Lot of questions and a long wait for my green card
Immigration Voice is where I get sage advise from the bard
Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
In the dark storm, one shining light, like minded people who share my plight
One day I will wake up from this nightmare,
I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care
One day soon, I will become a proud story,
One more American dream, till then Immigration Voice makes me forget my worry
I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
Silver lining on a dark cloud, one single ray of hope
Immigration Voice, Immigration Voice, Immigration Voice Rocks!
***********************************************
Please improve
Cheers!
_____________
hot The cells of human cheek cells
nixstor
06-14 11:57 AM
I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.
House in 30 days in this market? I personally would take 60 days. As long as you dont force yourself into a decision just because your company is picking up the tab for 2500$ for an year does not mean that you have to buy a house that has a commitment of 30 years. Your company can do that for an apartment or rented property as well. Probably it wont be as much as 2500 but you can add up Internet, phone bills and other expenses to get close to the 2500$
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
No its not taxable income. In other words you wont get a W-2 for that money. How ever its good to have a letter from your employer saying that your job and your employer required you to have a home office and not at your own will. The reason why I say this is because Home office deduction is one of the audit triggers on a return. Even though you will not declare this on your return, your employer will disclose this as a write off. chances are very less that IRS will ask you, but just in case have that letter from your employer. Read this (http://nixstor.blogspot.com/2008/02/home-office-deduction-eligibility.html) and talk to a good CPA/IRS.
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
I dont think it matters. All that matter is your credit score. Dont tell the lender that you are NOT a permanent resident unless they ask you or the application asks you for. If they figure that you are concerned they will another quarter point
Thanks in advance,
USDream2Dust
House in 30 days in this market? I personally would take 60 days. As long as you dont force yourself into a decision just because your company is picking up the tab for 2500$ for an year does not mean that you have to buy a house that has a commitment of 30 years. Your company can do that for an apartment or rented property as well. Probably it wont be as much as 2500 but you can add up Internet, phone bills and other expenses to get close to the 2500$
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
No its not taxable income. In other words you wont get a W-2 for that money. How ever its good to have a letter from your employer saying that your job and your employer required you to have a home office and not at your own will. The reason why I say this is because Home office deduction is one of the audit triggers on a return. Even though you will not declare this on your return, your employer will disclose this as a write off. chances are very less that IRS will ask you, but just in case have that letter from your employer. Read this (http://nixstor.blogspot.com/2008/02/home-office-deduction-eligibility.html) and talk to a good CPA/IRS.
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
I dont think it matters. All that matter is your credit score. Dont tell the lender that you are NOT a permanent resident unless they ask you or the application asks you for. If they figure that you are concerned they will another quarter point
Thanks in advance,
USDream2Dust
more...
house animal cells diagram. animal
reddymjm
02-18 08:01 AM
I filed back in June, 07. I got second FP notice for my wife. Nothing for me so far and I am primary applicant.
Same for me. I even opened a SR. Got a reply saying FP on file. No need for another one.
Same for me. I even opened a SR. Got a reply saying FP on file. No need for another one.
tattoo This
rkthoka
08-04 01:05 PM
Hi
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
I read in one the post here at Immigrationvoice.com
a person travelled on AP and he got I94 longer than current AP expiry date . And he asked officer can he use current AP before I 94 expire. And he got answer Yes.
But I am not sure whether it is true or not alway check with Attorny for the same.
On other post, is it required to have paystubs while travelling?
I have my last pay stub was July 20th 09 and planning to go on vacation on Aug 20 and coming back in Sep th. What I'm missing is immediate pay stubs, is it required to have same?
Thanks,
more...
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RollingStone12
04-25 08:53 PM
Here is my situation: I was on my 6th year of the h1b visa (I had about 3 months left of valid visa) when I left the country in January 2010 to live abroad...In August 2010 I came back to the US on a tourist visa and I applied to get the 3 months I had left on my H1b in November.
After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.
If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?
To get the 7th year extension you need to have the approved PERM or pending for over 365 days or approved I-140.
If you dont have anything...they wont approve.
After waiting for over 4 months, I received the approval notice from immigration for the h1b valid only for 1 day!! (4/20/11-4/21/11)...I received the approval notice on the mail on 4/23, 2 days after the visa was valid...so basically, by the time I received the notice in the mail, I was already out of status.
If I apply for an extension this week, do you think that they will approve my 7th year extension or they might deny it based on the fact that I applied after my H1b visa expired? If they deny it, what are my options to stay in the country?
To get the 7th year extension you need to have the approved PERM or pending for over 365 days or approved I-140.
If you dont have anything...they wont approve.
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Green Card Aspirant
03-24 07:23 PM
I too fall in the same boat. I see one of them responding for this post that we can apply for premium processing. If we apply for premium processing before 6 months , does it raise any questions at USCIS ... why this guy is applying for premium processing ?? Are we eligible to apply H1 B Extension with premium processing before 6 months of H1 B Expiry ??
Thanks in advance
Thanks in advance
more...
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kkking
11-02 06:41 PM
hi guys, are you guys able to see the status online? I am not.
girlfriend Labeled Animal Cell With
grupak
02-06 11:46 AM
AFAIK you should be able to get the pay raise mid year even in a university, however you might have to file an amendment to your H1B if it is not the usual inflation adjustments.
Usually amendments are filled when there is a material change like new location because it invalidates the underlying old labor. There is no clear cut rule but some lawyers feel 10% pay increase is borderline. If there is a title change you also might need an amendment even though duties in universities hardly change from the usual teaching and research.
Filing an amendment is easy from what I remember.
And, yes, I am familiar with the university system.
Usually amendments are filled when there is a material change like new location because it invalidates the underlying old labor. There is no clear cut rule but some lawyers feel 10% pay increase is borderline. If there is a title change you also might need an amendment even though duties in universities hardly change from the usual teaching and research.
Filing an amendment is easy from what I remember.
And, yes, I am familiar with the university system.
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GC_1000Watt
12-03 04:50 PM
Dude! Just go with confidence and you'll be fine. Have all the documents with you. Have your pay-stubs handy with you.
I attended visa interview at Mumbai consulate during last week of Aug. 2010. I was asked questions on my client, my job responsibilities and was asked how does my H1B holding company supervises my work at client site.
I was also asked to show my last 3 pay-stubs. Good luck!
Thanks!
Hello All,
I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.
Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.
Thanks,
GreenMe
I attended visa interview at Mumbai consulate during last week of Aug. 2010. I was asked questions on my client, my job responsibilities and was asked how does my H1B holding company supervises my work at client site.
I was also asked to show my last 3 pay-stubs. Good luck!
Thanks!
Hello All,
I heard from my employer that many people who are visiting India for H1B Stamping are getting stuck with 221G query. My company lawyers have suggested us to cancel or postpone all the travel plans to India.
Did any of you have any recent stamping experience at Mumbai Consulate? I would appreciate if you can share it on this forum.
Thanks,
GreenMe
roseball
02-09 03:08 PM
Hi,
My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?
Please help.
Thanks.
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
My spouse is working on H1-B in Los Angeles. His company acquired another company in Bay Area, so now he wants to work out of Bay Area, from this acquired company's office.
1. Does he need to file a transfer memorandum ?
2. WIll there be a change in wages ?
3. Are there any other steps before he starts to work in BayArea ?
Please help.
Thanks.
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
samrat_bhargava_vihari
02-12 09:58 AM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
.... may not be because you have a law for this change until this option is discused I hope this is possible.
.... may not be because you have a law for this change until this option is discused I hope this is possible.
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