amitga
03-21 10:38 AM
Please see my answers below.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
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gc_check
01-06 10:15 AM
VISA BULLETIN JAN 2010
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
The above quote is from Jan 2010 VB (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). Unless there is any congressional action, no significant movement in cut-off date is expected. The whole prediction game does not push the dates any further :mad: Hope some thing works out or happens through CIR at least this year.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Employment Third:
Worldwide: April through August 2005
China: June through September 2003
India: January through February 2002
Mexico: January through June 2004
Philippines: April through August 2005
Please be advised that the above date ranges are only estimates which are subject to fluctuations in demand during the coming months. The actual future cut-off dates cannot be guaranteed, and it is possible that some annual limits could be reached prior to the end of the fiscal year.
The above quote is from Jan 2010 VB (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html). Unless there is any congressional action, no significant movement in cut-off date is expected. The whole prediction game does not push the dates any further :mad: Hope some thing works out or happens through CIR at least this year.
xu1
08-03 08:22 AM
The first thing to consider is the job requirement. It must require a minimum of a master's degree or a Bachelor degree plus 5 years progressive experience. If the job description has that requirement, and you have the required background, then it can be filed as EB2. In your case the job description states a minimum of a bachelor's degree and 3 or 4 years experience. This would only qualify as EB3, regarless of your credentials.
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
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factoryman
06-19 01:04 PM
Last night I didn't stay at the Holiday Inn. FIFO.
or did you ask for this:
Step-by-Step Guides
ADJUSTMENT OF STATUS (I-485)
Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.
STEP #1:
Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.
a) A copy of all approval notices received from the USCIS
b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)
c) A copy of every page of the passport
d) A copy of your marriage certificate
e) A copy of the divorce decree from any previous marriages of yourself or your spouse
f) A copy of the birth certificate for each family member adjusting status with you
g) A copy of your income tax returns for the past three years
Please Note: If a document is not in English, then you should provide an English Translation.
DOCUMENT TRANSLATION INSTRUCTIONS
TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE
ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)
STEP #2
Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.
Instructions for completion of Form G-325:
-Please print legibly. Our legal staff must be able to read your hand-written G-325.
-Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
-In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
-You do not need to sign the G-325, we will type out new forms for you to sign.
-You do not have a “File Number” or “A Number”. Please leave those fields blank.
FORM G-325
Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.
After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.
STEP#3:
Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.
DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.
To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf
MEDICAL EXAMINATION INSTRUCTIONS
STEP #4:
Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.
USCIS Photograph Instructions
MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.
MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING
EMPLOYMENT AUTHORIZATION
After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.
The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.
A foreign national can extend his H or L status even after filing the I-485 application.
TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
• A valid H or L visa stamp in the passport, or
• Advance Parole authorization
If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.
OUT OF STATUS / UNLAWFUL PRESENCE
If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.
I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?
Please let me know.
Thanks in advance!
~Anil
or did you ask for this:
Step-by-Step Guides
ADJUSTMENT OF STATUS (I-485)
Below is a step-by-step procedure explaining how your Adjustment of Status case will be processed. You should read this entire process before beginning any of the Steps. In particular, you may want to review some of the Miscellaneous Issues in the process. Please follow the procedures exactly to insure both efficiency and effectiveness in your case. If you have any questions, please contact the attorney and/or paralegal handling your labor certification or I-140 case.
STEP #1:
Please compile the following documentation for yourself and each family member who will be immigrating with you i.e. spouse and children born abroad. You will note that some of these documents may already be in our files, however, we may have received those earlier copies from a variety of sources and are not always able to determine the chain of custody demanded by the 485 process. Therefore we are requesting that you provide all documents listed below. Please mail it at your earliest convenience to the attorney handling your labor certification and immigrant petition case.
a) A copy of all approval notices received from the USCIS
b) A copy of all I-94 cards (received upon entry into the U.S.); I-20's (issued if you were ever in F-1 status in the U.S.); IAAP's (issued if you were ever in J-1 status in the U.S.)
c) A copy of every page of the passport
d) A copy of your marriage certificate
e) A copy of the divorce decree from any previous marriages of yourself or your spouse
f) A copy of the birth certificate for each family member adjusting status with you
g) A copy of your income tax returns for the past three years
Please Note: If a document is not in English, then you should provide an English Translation.
DOCUMENT TRANSLATION INSTRUCTIONS
TO OBTAIN A COPY OF A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE
ALTERNATE DOCUMENTATION (This is necessary when a Birth Certificate is not available or when the Birth Certificate does not list the name of the child or both names of the parents.)
STEP #2
Complete Form G-325, Biographic Information, on yourself and on behalf of each family member who will be adjusting with you.
Instructions for completion of Form G-325:
-Please print legibly. Our legal staff must be able to read your hand-written G-325.
-Although the USCIS does not require the G-325 for children under the age of 14, our staff needs the information in order to complete other forms.
-In order to access the G-325 form you must have "Adobe Acrobat Reader" software. If necessary, you may first download this free software.
-You do not need to sign the G-325, we will type out new forms for you to sign.
-You do not have a “File Number” or “A Number”. Please leave those fields blank.
FORM G-325
Special Note: You will notice that two copies of this form appear as PDF files. Please only complete one copy of this form for each family member.
After you have completed steps 1 and 2, please mail all to the attorney handling your labor certification or immigrant petition (I-140) case.
STEP#3:
Complete your medical examination. To obtain the name of a CIS doctor in your area you may call 1-800-375-5283.
DISCLAIMER: The medical examination results must be no more than one year old at the time that we file the I-485 Adjustment of Status. Therefore, we recommend that you do not complete the medical examination until your I-485 is ready for filing.
To obtain a medical examination form, go to http://www.uscis.gov/files/form/I-693.pdf
MEDICAL EXAMINATION INSTRUCTIONS
STEP #4:
Obtain the required photographs for your application. Keep in mind that two photographs are needed for the I-485, two for the employment authorization document, and two for the advance parole authorization. If you are not sure whether you need the employment authorization document or the advance parole authorization, please contact the attorney handling your labor certification or immigrant petition.
USCIS Photograph Instructions
MISCELLANEOUS ISSUES IN ADJUSTMENT OF STATUS
COMPARISON OF ADJUSTMENT OF STATUS VERSUS CONSULAR PROCESSING
Adjustment of status is the process whereby a foreign national obtains permanent residence while physically present in the United States. In contrast, consular processing is the procedure for obtaining permanent residence at a United States Consulate outside of the United States. Generally, it is preferable to file your case under the I-485 Adjustment of Status process. If you are interested in having your case filed as a Consular Processing case, please contact the attorney handling your case immediately.
MEMO COMPARING ADJUSTMENT OF STATUS AND CONSULAR PROCESSING
EMPLOYMENT AUTHORIZATION
After a foreign national files the Adjustment of Status application he can continue to work on the basis of his H or L nonimmigrant status assuming that status has not expired. Adjustment of status applicants also have the option of filing for an Employment Authorization Document (EAD) either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. In essence, the applicant needs either the H or L nonimmigrant status or the Employment Authorization Document but does not need both. However, an adjustment applicant with a valid nonimmigrant status may want to obtain an Employment Authorization Document to allow him to work an additional job.
The spouse and children of the adjustment of status employee may obtain an Employment Authorization Document either at the time of filing the I-485 or anytime after obtaining the I-485 Receipt Notice. As such, the spouse and children can work for any employer.
A foreign national can extend his H or L status even after filing the I-485 application.
TRAVEL DURING THE ADJUSTMENT OF STATUS PROCESS
A person may travel after filing the Adjustment of Status application if s/he holds either of the following:
• A valid H or L visa stamp in the passport, or
• Advance Parole authorization
If a person applies for advance parole (either because he does not have a valid H or L visa or simply because he prefers to have advance parole) then the advance parole authorization will be valid for a one year period and will permit multiple entries into the United States.
OUT OF STATUS / UNLAWFUL PRESENCE
If you have been out of status or unlawfully present at any time, it is imperative that you contact your attorney immediately. To do otherwise may jeopardize your continuing status in the United States and/or may prove to be a bar in traveling or adjusting your status to that of Permanent Resident.
I would like to know if the processing of AOS application is based on first come first processed or is it based on the priority dates ?
Please let me know.
Thanks in advance!
~Anil
more...
txh1b
04-15 10:51 AM
Loooong road ahead! Good luck. Hope it gets approved as it might be tough to get a labor approved in this economy.
amits
12-19 11:16 AM
Friends, thanks a lot for all the information!
more...
bigboy007
11-05 10:50 PM
OK i e-filed and it showed Nebraska address generating LIN no's instead of MSC etc , it prompted me where my 485 is and i think since it is at NSC it routed automatically to NSC
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dsneyog
11-23 11:44 PM
Hi All,
I am self-filing my i-131 application this week. Here are the briefs about status:
Current Status: Working on EAD, 485-pending (July 2007 Application)
I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.
I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.
1. Completed form I-131
2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
3. Copy of EAD
4. Copy of I-797C (I-485 receipt)
5. Copy of Arrpoved I-140
6. Copy of all pages of Current passport
7. Copy of all pages of expired passport
8. Copy of Driver's License
9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
10. Birth certificate (again do I need this. but I read somewhere)
11. Letter explaining why I qualify for AP (is there standard format for this? )
I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.
Thanks a lot.
I am self-filing my i-131 application this week. Here are the briefs about status:
Current Status: Working on EAD, 485-pending (July 2007 Application)
I am dependent on my husband's green-card application. I used my 6 years of H1-B and started working on EAD about 6 months back. We never applied for AP before. My husband extended his H-1B beyond 6 years as I-485 is in process.
I am tryin gto find complete list of documents for the application. I am planning to travel on Caribbean Cruise on Feb 27, 2010. I hope to get my AP approved by then. To avoid any RFIs I wnat to make sure I am sending everything that is needed.
1. Completed form I-131
2. 2 Photographs (size 2x2) with white/grey background. Head height and eye positions as per USCIS guidelines.
3. Copy of EAD
4. Copy of I-797C (I-485 receipt)
5. Copy of Arrpoved I-140
6. Copy of all pages of Current passport
7. Copy of all pages of expired passport
8. Copy of Driver's License
9. Marriage certificate (do I need this? Because I am am dependent on my Husband's 485 application)
10. Birth certificate (again do I need this. but I read somewhere)
11. Letter explaining why I qualify for AP (is there standard format for this? )
I really appreciate all help regarding this. I read many posts but most of them were about renewing AP or EAD/AP together.
Thanks a lot.
more...
logiclife
08-21 06:07 PM
Some people have said that employers will never agree to employee hiring their own lawyers if they are already having a company retained lawyer that they are using for all employees.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
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sac-r-ten
02-03 05:09 PM
Moderators/Admins, is there a way to block the IP of this anonymous person.
more...
Kitiara
10-17 05:10 AM
I've got one of Sephiroth and Vincent too somewhere... I'll dig it out. :)
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jungalee43
01-10 08:12 AM
I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
Here are contact details: -
Murali Bashyam - Managing Partner
Bashyam Spiro & Edgerton LLP - Immigration Law Group
www.bashyamspiro.com
919 833-0840 x28
919 833-4722 fax
more...
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Phat7
10-07 12:51 AM
:( that's bad... I confess I voted for myself yesterday, just couldn't resist the mischievous evil inside :evil: I can't change my vote can I? We can count one off me and I give my vote to Coppertop. ;)
If you disqualify me I will totally understand. :sigh:
If you disqualify me I will totally understand. :sigh:
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sledge_hammer
06-29 11:37 AM
^^^^
more...
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ashneels2001
10-16 08:18 PM
Rajiv,
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
Did you LC mention the requirements for your job. Unless it emphasized that a Masters was needed for your job profile on an LC, I140 will be denied. File an MTR right away along with a new I140 uner EB3. Beleive in god and ur priority dates will remain the same as they were. Make sure that the new I140 under EB3 matches your LC.
Good Luck
Ashish!
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eilsoe
10-02 02:08 PM
Sintax321: Here's the blobs I started with, these were made in 3dsmax4, then imported to photoshop and tampered with for about an hour...
feel free to use these as u like, just don't pass'em on as your own work... Although i don't think you would.
www.avalon-rev.dk/blob1.jpg
www.avalon-rev.dk/blob2.jpg
feel free to use these as u like, just don't pass'em on as your own work... Although i don't think you would.
www.avalon-rev.dk/blob1.jpg
www.avalon-rev.dk/blob2.jpg
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uimv
03-13 09:13 AM
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
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akred
04-15 11:33 AM
It's illegal to work without authorization from DHS. Penalty if detected is deportation from the US.
Better consult a lawyer and not rely on opinion from an open forum in this case.
Better consult a lawyer and not rely on opinion from an open forum in this case.
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m1801b
09-11 12:33 AM
Thanks for all the suggestions. Today, I discussed my option (H-1b extension and PERM) with a local lawyer. He mentioned that:
1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.
I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.
I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.
Some folks have suggested me to get a consulting from someone from Sheela Murthy.
Thanks you so much.
1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.
I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.
I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.
Some folks have suggested me to get a consulting from someone from Sheela Murthy.
Thanks you so much.
mps
06-24 11:28 PM
Article says all pending application ...
"The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."
"The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."
Roger Binny
09-14 10:38 PM
Any attorney involvement is there during the porting request ?
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