Soul
04-28 10:50 AM
Kit, you just copied my vote :P
- Soul :s:
- Soul :s:
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eImmigJr
10-23 07:37 PM
Mine is a similiar case, would like to add more info to this post.
LCA certified as computer programmer in EB3. PD 2004.
Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.
I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).
Questions that I am not clear about is.
1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?
My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.
Gurus, please advice if this approach is correct.
Thanks in advance.
LCA certified as computer programmer in EB3. PD 2004.
Joining a new company as a S/W architect. The job responsibility listed in LCA has lot of job description which is in line with the new role. The new job is not exactly similar nor in the same ONet code.
I would be joining onEAD and will have the new company file an EB2 subsequently ( in 6 months to an year).
Questions that I am not clear about is.
1. If I use AC21 letter now, I basically say that my new job = old job. How do I then file in EB2. What would be the justification later on?
My approach is to do nothing to notify the USCIS of any job change, assuming that no notification is not going to negatively impact my case. Wait for my Eb2 LC to happen and then do porting. I take risk between now and the time my EB2 I-140 is filed, but I guess if I get a RFE in between, I can work out on a letter highlighting the similiarity in job resposibilities and hope that all goes fine.
Gurus, please advice if this approach is correct.
Thanks in advance.
amirani
03-03 02:23 PM
I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.
Please see I am on H1B and never been on bench or out of status.
Please see I am on H1B and never been on bench or out of status.
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abingc
08-16 03:22 PM
Hi,
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?
more...
edgarrecto
01-14 07:37 PM
how about eb3 for philippines?
krishna_brc
02-18 02:45 PM
Should it not be OK to work for an Indian company (work from home - remote office)
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
more...
Can2004
07-13 08:41 PM
Hi Everyone,
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
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LostInGCProcess
02-04 06:30 PM
thx vhd999,
was it Fedex/UPS envelopes or USPS ones?
thinking of sending both :-)
If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.
was it Fedex/UPS envelopes or USPS ones?
thinking of sending both :-)
If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.
more...
Karthikthiru
09-21 04:50 PM
Look at this document. This should answer lot of questions regarding AC21
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
Thanks
Karthik
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ganip
10-30 03:43 PM
We applied for SSN today, they said the same thing that it should not be a problem to get SSN. But i guess the best option would be to refile instead of waiting for renewal as i plan to use my EAD and work.
more...
rssb
11-28 07:28 AM
H1's from A and B are not related and having multiple H1's is valid.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
However in your case, once the H1 from company A starts your OPT / EAD status will no longer be valid. For filing a H1 with company B now, you are fine with OPT status and you may get an approval for start date B with company B based on today's status of OPT.
I am under the impression that company B is not aware of H1 filing with company A.
So if H1 from company A is already approved and ready to start date A in Jan , then that is the day your OPT will end. If H1 from B is approved before start date A , but start date B is beyond A's start date then you will have to be with company A during that period ( i.e gap between start date A & start date B).
Or else down the line if you are asked to prove status between start date A & B, for that time you need something to show.
You say "My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. "
If this is the case your OPT should be intact, just make sure your status does not change on start date A with Sevis.
If A is not willing to cancel or you need to ask them to cancel then ....
Your options might be,
a) Cancel processing of H1 with A, so that OPT stays intact till B kicks in.
b) if A is already approved, then ask A to cancel it ( i.e send a letter to USCIS for withdrawal), this withdrawal date has to be before start date with A , and your OPT will be reinstated till B kicks in. This requires around 60 days, but can be sooner depending on their work load.
c) Ask B to advance start date to match with A so it takes control of your OPT before A ends it.
I can understand your situation, when someone is coming out of school and has multiple options. Where a single one of them is not a cut above the rest, for a clean decision, or a good one comes later. The best is to stay with opt until you are comfortable and like the work, but however due to time pressure, quota exhaustion and persuasion from the companies people end up applying for H1 too soon locking themselves into a corner.
PS: I am not a lawyer, it is better to consult a lawyer / your school student adviser for your options.
Good luck.
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devan
11-04 09:17 AM
Hello gurus,
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
3 Years back, before applying my 485 and my labor was pending status, i came to know that the need of birth certificate at I485 stage and I asked the records from the local panchayat and they could not find out any records on my name. Then filed the complaint in the court by providing the my passport, mark statements. After many weeks, the court ordered to provide me the birth certificate with the delayed registration 3 years back that is only on 2007. Now i have the birth certificate with the delayed registration, Now in this situvation, is it possible to go to the municipality to ask them the non-availability certificate ?
Thanks
Devan
more...
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sujan_vatrapu
10-28 04:12 PM
except very few most of the republicans are for legal immigration,
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sunny1000
10-18 06:05 PM
Is it possible to track 140 without the receipt notices.
Did you pay using your check? If so, I heard in this forum that they print receipt numbers on the back of the checks. I don't know if that helps.
Did you pay using your check? If so, I heard in this forum that they print receipt numbers on the back of the checks. I don't know if that helps.
more...
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Carlau
11-17 10:04 AM
I don't think that anyone minds that you discuss this, but for that you should pick this area http://immigrationvoice.org/forum/forumdisplay.php?f=16 that has a little bit of everything and comments about current events.
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ski_dude12
08-09 01:09 PM
The top reason would be-
"We are the USCIS".
What say?
"We are the USCIS".
What say?
more...
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martinvisalaw
09-09 10:02 PM
CIS cannot approve a change of status to H-1B since you are not maintaining status. You will likely be approved as a notify and need to leave the US, get a H-1B visa, and then re-enter in H-1B status. It is critical that you don't overstay your I-94 by 180 days. If you do, you are subject to a 3 year bar on returning to the US.
You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.
I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.
You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.
I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.
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kevinkris
12-05 05:20 PM
You are too fast ;-)
This looks good..
Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting
This looks good..
Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting
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rsdang
06-17 09:17 AM
Call customer service - select the address change option and when you get to a customer service agent give them the receipt number and they will verify the information on it. If it doesnt match they will advise you. Then you know if its your receipt number or not.
mammoy2k
09-21 07:11 PM
Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
bond65
08-16 12:57 PM
Don't worry. Most likely your application will be transferred to TSC.
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