Prashanthi
03-23 01:07 PM
Hi,
I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?
Thanks for any inputs/thoughts.
You can refile PERM labor under EB-2 and file the I-140 and ask for your EB-3 priority date to be transferred. Provided your EB-3 I-140 has been approved and will not be revoked.
I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?
Thanks for any inputs/thoughts.
You can refile PERM labor under EB-2 and file the I-140 and ask for your EB-3 priority date to be transferred. Provided your EB-3 I-140 has been approved and will not be revoked.
watzgc
02-12 06:40 PM
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
Hi , is the limit for 240 days only or TILL we get the approval ?. What do we need to after 240 days ?. Thanks.
Hi , is the limit for 240 days only or TILL we get the approval ?. What do we need to after 240 days ?. Thanks.
ssdtm
05-07 08:06 PM
If your original 140, on the basis of which you filed 485, gets revoked you are in trouble. You may get denial notice that you will have to contest. Needless to say, you have a good ground if you can prove it that job change was in synch with norms / rules laid out in AC21.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.
......this is based on consultation from top lawyers.
kart2007
01-17 10:34 AM
All the metros are crowded in India. Bangalore & Pune have more IT opportunities and have good schools.
I second that. Pune has great education and not as crowded as Bangalore, but you can't go wrong with either place.
I second that. Pune has great education and not as crowded as Bangalore, but you can't go wrong with either place.
more...
hariswaminathan
11-20 04:06 PM
1) No.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
sidshar
05-15 04:22 PM
My PD is 2006 last year dates went current and I got it. I guess luck played a role.
more...
saimrathi
08-10 02:13 PM
Please post in Media thread...
gcsucks
06-17 11:29 AM
We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.
Any comments from Core team ?
Once the Core team drafts a letter we can send that....
Any comments from Core team ?
Once the Core team drafts a letter we can send that....
more...
deba
07-03 06:07 PM
What if previous employer withdraws approved I140 after changing jobs? In my case it has been more than 180 days after approval of 140/485. Is the PD still portable?
trinigirl
08-09 06:36 PM
Are you kidding me $400.00 I paid $115.00 Including tetanus shot and tb shot. $35.00 for the lab work and my husband's insurance covered the x-ray because I Knew it would com back positive. What a rip off
more...
Houstonguy
08-11 09:02 AM
EB2-I/PD May 15, 2006/I-140 APPROVED 08/2006/I-485 FILED JULY 2/2007.
wandmaker
03-18 11:22 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please update your profile w/ correct information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please update your profile w/ correct information.
more...
jimcourier
06-08 05:14 PM
Hi folks,
Thanks to all who responded and viewed my post.
I am still in the US, I had to reschedule my travel plans, which leaves me very little time for the event. But atleast, I have the satisfaction that I gave it my best shot.
On the plus side, I get to stay back for a couple more days, so that's good.
BTW, my status is still pending. The website updated the status late Friday afternoon, and changed it from "Request for more evidence sent" to "Evidence received, and processing resumed".
I even had my manager call the USCIS service center for a status update, where he was spoken to rather rudely and curtly by the visa officer. The officer just stated that they have received the documents we sent, and will be processing the application. He also said that the website does not get updated regularly or instantly. Rather, the flow of things would be like this :-
Application adjudicated, E-mail sent to Petitioner, Mail sent to petitioner, Status updated.
I am still hoping that my new company atleast gets the approval e-mail before I leave.
And since I don't have a valid visa anyways, I will be relying on this approval to get my visa stamped.
Thanks for all your help.
Thanks to all who responded and viewed my post.
I am still in the US, I had to reschedule my travel plans, which leaves me very little time for the event. But atleast, I have the satisfaction that I gave it my best shot.
On the plus side, I get to stay back for a couple more days, so that's good.
BTW, my status is still pending. The website updated the status late Friday afternoon, and changed it from "Request for more evidence sent" to "Evidence received, and processing resumed".
I even had my manager call the USCIS service center for a status update, where he was spoken to rather rudely and curtly by the visa officer. The officer just stated that they have received the documents we sent, and will be processing the application. He also said that the website does not get updated regularly or instantly. Rather, the flow of things would be like this :-
Application adjudicated, E-mail sent to Petitioner, Mail sent to petitioner, Status updated.
I am still hoping that my new company atleast gets the approval e-mail before I leave.
And since I don't have a valid visa anyways, I will be relying on this approval to get my visa stamped.
Thanks for all your help.
a_yaja
12-18 09:17 PM
Hi All,
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?
Below is the paragraph from USCIS Memo
"If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.
From what you have quoted, where does it say that you have to stop working before you can apply for cap subject H1B? All it says is:
1. if you apply for a new H1B that is also cap exempt position, then you will not be counted for the cap.
2. if you apply for a new H1B this is cap subject, that a cap subject petition cannot be approved unless a cap number is available.
Since the quota is not over yet over for cap subject H1B, you should be able to work with the University till your cap subject petition is approved.
more...
solaris27
03-12 08:51 PM
its a good idea
Jaime
09-20 01:42 PM
Hey Jaime you seem to be all charged up!!
Great energy, will inspire many!!
Hope we have one more rally soon!
You bet rajsand! We saw the strength of our unity in DC and we learned many things, one of which is we MUST educate people and Congress! It's amazing how little they actually know about us, in spite of HOW MUCH we contribute! That is JUST NOT FAIR!
Another thing we learned is: WE CAN MAKE CHANGES!!! WE CAN AND DO AND WILL SUCCEED!!!
Let's keep going with this!!!! IDEAS????
Great energy, will inspire many!!
Hope we have one more rally soon!
You bet rajsand! We saw the strength of our unity in DC and we learned many things, one of which is we MUST educate people and Congress! It's amazing how little they actually know about us, in spite of HOW MUCH we contribute! That is JUST NOT FAIR!
Another thing we learned is: WE CAN MAKE CHANGES!!! WE CAN AND DO AND WILL SUCCEED!!!
Let's keep going with this!!!! IDEAS????
more...
HV000
02-06 11:24 AM
I have NOT heard of anything that specifically prohibits H1Bs getting a mid year raise. Ask your HR where they are getting the information from?
immilaw
09-14 02:23 PM
me: F1->OPT->H1 (same company all thru)->PERM-> I 140 ->retrogressed
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
I would go to Canada instead of Dubai.
what if i never went and got my h1 stamped and now in 6 months i have to get a renewal h1b. u guys think i will have any issues getting it stamped in canada?
what about stamping in a place like Dubai.. anyideas?
I would go to Canada instead of Dubai.
mjadala
09-06 05:55 PM
Lack of communication between USCIS and DOL
go_guy123
06-09 11:14 PM
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
WH-4 form is for complaining to dol
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
WH-4 form is for complaining to dol
gsc999
09-14 12:13 PM
How would we know the tune ? Ya got to sing and put that in you tube .
That is where we need your help
That is where we need your help
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