gomirage
06-07 01:59 PM
It's up to the employer if he wants to keep you as an employee and has the right to cancel your H1 if he likes to do so. Just because you left the country doesnt mean that your H1 becomes invalid, but again its up to the employer.
That's right. Only thing is he will be required to pay you. Make sure you get pay stubs in case you are asked to prove your status at re-entry.
That's right. Only thing is he will be required to pay you. Make sure you get pay stubs in case you are asked to prove your status at re-entry.
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iptel
10-17 01:39 AM
Which center NSC TSC ?
rajenk
08-17 04:52 PM
Greetings,
I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?
If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?
Thanks
k
You have to apply a new I-140 for the EB2 only then you can interfile with I-485.
Look for details in my other post here
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599044-eb3-to-eb2-porting-advice-needed.html
I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?
If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?
Thanks
k
You have to apply a new I-140 for the EB2 only then you can interfile with I-485.
Look for details in my other post here
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599044-eb3-to-eb2-porting-advice-needed.html
2011 Some people have signs or
bugsbunny
05-01 04:15 PM
Guys:
Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like monster.com?
For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.
there are several steps...not just posting on monster for 30 days
Please go through Department of Labor guidelines
Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm)
Is there any specific PERM requirement as to how many days does the job posting need to be posted on a job search website like monster.com?
For some reason, I thought that it was required for the job to be posted for at least 30 days but I can't find out the source.
there are several steps...not just posting on monster for 30 days
Please go through Department of Labor guidelines
Permanent Labor Certification (http://www.foreignlaborcert.doleta.gov/perm.cfm)
more...
donmedine
January 5th, 2005, 02:02 PM
I presently have a Nikon D100 which wife is beginning to use more and more....so I am thinking of purchasing another digital Nikon..........was thinking of getting the D70. However since I only need a body I was thinking of perhaps getting another D100 or maybe trading up from there. Any opinions offered would be appreciated.
gimme Green!!
03-31 02:04 PM
why is this thread not coming on the HomePage?
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glosrfc
11-09 08:44 PM
Should I? I do kinda like the this._x button....haha
http://www.pi.pwp.blueyonder.co.uk/test/buttons/geek-this.jpg
Great competition though...I had a lot of fun with this one!
http://www.pi.pwp.blueyonder.co.uk/test/buttons/geek-this.jpg
Great competition though...I had a lot of fun with this one!
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raj3078
01-14 05:53 PM
it seems that they are already married for 2 yrs....In that case she would get 10 yr GC.... The best scenario is that she should wait till she gets the card and then take whatever action she wishes to take
more...
achu
09-26 02:10 PM
hi gurus,
i have I-485 Pending with EAD and AP. what is the maximum period that i can stay out of USA?
is it possible that i can stay 11 months out side the USA and come back to re apply AP and go back again for 11 months?
thanks
achu.
i have I-485 Pending with EAD and AP. what is the maximum period that i can stay out of USA?
is it possible that i can stay 11 months out side the USA and come back to re apply AP and go back again for 11 months?
thanks
achu.
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andycool
04-18 04:55 PM
Hi, I am currently on my 5th year H-1B visa. I have an option to stay with the same firm and they will help me apply greencard. But I am also considering an opportunity in Bermuda for a 2-3 year program (with the same firm).
My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?
Or will it be just another H-1B renewal process following my previous two terms?
Do I need to wait for another two terms of H-1B to expire before starting the greencard process?
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
Thanks,
E
1) Yes you can come back fter 2 years and apply for a new H1B , you will get a new H1 for 6 years .
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
YES , YES , YES ...if you can get this done that will be the best option...
file a GC application and apply for Consulare proces ,
Thanks
My question is if I come back to the US after 2 years, will I be able to apply H-1B visa again? Will it be a whole new H-1B petition/application process subject to the H-1B cap?
Or will it be just another H-1B renewal process following my previous two terms?
Do I need to wait for another two terms of H-1B to expire before starting the greencard process?
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
Thanks,
E
1) Yes you can come back fter 2 years and apply for a new H1B , you will get a new H1 for 6 years .
Can I ask my currently employer to apply for greencard concurrently while I am working outside the US?
YES , YES , YES ...if you can get this done that will be the best option...
file a GC application and apply for Consulare proces ,
Thanks
more...
roseball
07-27 06:23 PM
It was a nightmare for few weeks but, long story short...I got my new passport after the Embassy cannot find my original I sent for renewal. Please let me know if I need to get it stamped within any timeframe. My current I-797 expires MAY 2010. I have an approved 140 and EAD but my attourney suggested to stay on H1B.
Appreciate your feedback and help in this matter.
Thank you for your time and consideration.
You dont need a visa stamp on your new passport unless you want to use it to re-enter US when you travel. There is no time line associated with getting a visa stamp. You just need to make sure you keep extending your H1 status and get an I-94 with the extension approval. If you have an AP you can use it for re-entering and still can continue working on H1 for the same employer. Else, when you travel the next time, you can setup a visa appointment and get H1 stamped on your new passport.
Appreciate your feedback and help in this matter.
Thank you for your time and consideration.
You dont need a visa stamp on your new passport unless you want to use it to re-enter US when you travel. There is no time line associated with getting a visa stamp. You just need to make sure you keep extending your H1 status and get an I-94 with the extension approval. If you have an AP you can use it for re-entering and still can continue working on H1 for the same employer. Else, when you travel the next time, you can setup a visa appointment and get H1 stamped on your new passport.
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kamdard
09-12 02:48 PM
Hi,
I am wondering what conclusion (if any) can be drawn from LUD? On USCIS website my I-140 case shows LUD to be 05/09/2007 and hence was wondering what does it mean ? When I click on my case on the online case status website (of USCIS) still provides old data only and does not reflect the status for LUD...
Regards,
kamdard.
---------------------------------------------
PD - May 2002 (EB3 India)
I-140/I-485 RD - 28-JUN-2007 (NSC)
I-140/I-1485/I-131/I-765 RD - 24-JULY-2007 (NSC)
FP notice received: 31-AUG-2007
FP Date: 13-SEPT-2007.
I am wondering what conclusion (if any) can be drawn from LUD? On USCIS website my I-140 case shows LUD to be 05/09/2007 and hence was wondering what does it mean ? When I click on my case on the online case status website (of USCIS) still provides old data only and does not reflect the status for LUD...
Regards,
kamdard.
---------------------------------------------
PD - May 2002 (EB3 India)
I-140/I-485 RD - 28-JUN-2007 (NSC)
I-140/I-1485/I-131/I-765 RD - 24-JULY-2007 (NSC)
FP notice received: 31-AUG-2007
FP Date: 13-SEPT-2007.
more...
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vmgc2007
10-24 11:50 AM
My friend's application got rejected for incorrect filling fee, how ever his attorney refiled the case, let's how long does it take to get the receipt ??any one got receipts after refiling ?
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augustus
09-12 03:28 PM
MSNBC had a news piece on surprise illegal immigrants and looks like they are from India. I was surprised at a shocking 125,000 people have over stayed their visas and have become Illegal. I was worried if such news articles will reflect on our integrity and our image as knowledge workers.
Just a thought....
Just a thought....
more...
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visacase
07-10 01:05 PM
Hi,
Can I work for a couple of days using tax form 1099 while on H1B? The amount for the number of hours while working will be less than $600. Please help.
Can I work for a couple of days using tax form 1099 while on H1B? The amount for the number of hours while working will be less than $600. Please help.
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prasadn
05-03 03:58 PM
Recently my company got acquired by another company. Co A had filed for my LC, and was approved in Feb 09, and my i140 was filed in EB3 in Sept 09. Co B wants to keep me, and I will continue the same job. My H1 has also been transferred to Co B. My question is:
will there be any effect on my LC and I140? If so, what happens to my PD (Nov 08)
If company A got fully merged into company B and it no longer exists as a entity, then company B will have to file a successor in interest petition (I-140).
will there be any effect on my LC and I140? If so, what happens to my PD (Nov 08)
If company A got fully merged into company B and it no longer exists as a entity, then company B will have to file a successor in interest petition (I-140).
more...
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redelite
10-06 10:18 AM
Fun fun. Congrats man! That contest was pretty fun. Good job everyone on all the smileys, thanks to all the judges and people that voted me in the top 3 and thanks to Kirupa for the contest.
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good idea
11-11 12:44 AM
finally this link worked....
thanks...
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delax
07-17 02:32 PM
AILF's Legal Action Center has a class action lawsuit completed and ready to file against the Department of Homeland Security and the Department of State for their unlawful actions in the I-485 / Visa Bulletin mess. The government improperly denied tens of thousands of intending immigrants the opportunity to apply for employment-based visas known as "green cards."
Rumors continue today that the Administration will be announcing a decision regarding their proposal to resolve the crisis. The most recent rumors indicate that the announcement will be made today. However, there are widely varying reports on what the proposed solution will be.
AILF will review any proposals by the Administration to resolve this issue, and will determine the best course of action in light of those proposals. While we remain hopeful that the Administration will take the actions necessary to avoid the filing of the lawsuit, further delays or incomplete solutions will compel us to move forward with litigation.
We thank the hundreds of people - intending immigrants and their lawyers - who have contacted us to be plaintiffs and support the litigation. We received emails and calls from more than 500 people in the last two weeks. Your efforts have enabled us to prepare a very strong challenge to the government's actions.
We will post more information as soon as it is available.
Rumors continue today that the Administration will be announcing a decision regarding their proposal to resolve the crisis. The most recent rumors indicate that the announcement will be made today. However, there are widely varying reports on what the proposed solution will be.
AILF will review any proposals by the Administration to resolve this issue, and will determine the best course of action in light of those proposals. While we remain hopeful that the Administration will take the actions necessary to avoid the filing of the lawsuit, further delays or incomplete solutions will compel us to move forward with litigation.
We thank the hundreds of people - intending immigrants and their lawyers - who have contacted us to be plaintiffs and support the litigation. We received emails and calls from more than 500 people in the last two weeks. Your efforts have enabled us to prepare a very strong challenge to the government's actions.
We will post more information as soon as it is available.
GCHope2011
06-30 08:31 PM
Hi,
I have a question. I am on H1 and are planning to extend my H1 along with my wife H4. My question is, we both have EAD's and I never use EAD. My wife is looking for jobs on EAD. If she works on EAD, can she still able to extend H4 status?
Thanks
As long as she does not work, and she has entered the country using her H4 (as against entering using Advance Parole), she is on H4. Once she uses her EAD, she is no longer on H4. Subsequent US entries will need to be on Advance Parole.
This is my "understanding".
I have a question. I am on H1 and are planning to extend my H1 along with my wife H4. My question is, we both have EAD's and I never use EAD. My wife is looking for jobs on EAD. If she works on EAD, can she still able to extend H4 status?
Thanks
As long as she does not work, and she has entered the country using her H4 (as against entering using Advance Parole), she is on H4. Once she uses her EAD, she is no longer on H4. Subsequent US entries will need to be on Advance Parole.
This is my "understanding".
cokeraj
08-14 08:04 PM
I was just wondering if they stall the 485 processing once they issue an RFE on EAD. Would they hold the case in abeyance or are these two mutually exclusive.
Btw, am not sure of the reason for RFE yet.
Has anyone had their 485 approved with an RFE pending on EAD or AP?
EB2-I
PD: June 2004
I140 Approved: Aug 2006
485 RD: July 26, 2007
RFE on EAD: Aug 6, 2008
Btw, am not sure of the reason for RFE yet.
Has anyone had their 485 approved with an RFE pending on EAD or AP?
EB2-I
PD: June 2004
I140 Approved: Aug 2006
485 RD: July 26, 2007
RFE on EAD: Aug 6, 2008
