gregspirited
08-19 09:17 PM
I thought labor cert is tied to a specific position and once I change my profile completely (say from software engineer to product management) I need to re-apply PERM eventhough I work for the same company.
Any thoughts?
Any thoughts?
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LONGGCQUE
02-03 10:01 AM
Thanks for your sharing your experience. Thats my understanding too.
sanjose16
02-26 01:22 PM
Thanks fromnaija for quick reply..
I'll not stop my employer ( company 'A' ) to file H4 extension for her cause if her H1 thru company 'B' is not approved, my wife will be out of status...
Based on you reply,
all I can do is to request my employer to file H4 extn ASAP to avoid overlap with H1 filing...
If it cannot be done,
then I should pray that her H4 extension gets approved first......
I'll not stop my employer ( company 'A' ) to file H4 extension for her cause if her H1 thru company 'B' is not approved, my wife will be out of status...
Based on you reply,
all I can do is to request my employer to file H4 extn ASAP to avoid overlap with H1 filing...
If it cannot be done,
then I should pray that her H4 extension gets approved first......
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sgudge
02-13 06:04 PM
ya i know exactly what you want to say , its easy for them follow the pattern.
maybe its best that 1 year i go to visit her and 1 year i call her over here .
:-)
maybe its best that 1 year i go to visit her and 1 year i call her over here .
:-)
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resident1374
01-26 03:43 PM
I am requesting some expert answers -
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
Recently had family-based AOS interview with the USCIS (my wife is a naturalized citizen). One question was asked by the officer - "Did I travel outside US after filing the AOS?" and my answer "Yes - to Canada for few days - by car".
I traveled to Canada on my company�s H1B.
The officer explained that once you file you Marriage based GC the only way you can travel is on Advance Parole. Travel on H1B is possible as long as the H1 and the AOS is of the same employer. In my case the AOS was family-based and the travel was on H1B. Such a travel may be considered to be abandonment of the Family based GC process.
The officer was extremely helpful in providing us information and said he needed more time to go through my case and decide on approval/denial of my case after consulting with other officers/supervisors (I130 looks good for approval) but there is a possibility (he said) that I may have to re-file the I-485 but there is a possibility that I may be approved.
He told he is waiting on some papers which is in some other State and that will take some time (not sure what papers was he talking about)
He also said that he will also look into my employer-based GC and see if he can approve that case if possible? Well, I am not sure about that as my priority date is SEP 2004 (EB3). This he said will save me some money of not re-filing and also instead of 2yr conditional GC (marrige is less than 2yrs) I will be able to get 10 yr GC. He took a copy of my I-140 receipt.
Now, I have a full-time offer from a company and not sure what to do? What if I use my Family-based EAD - that will invalidate my employer based pending AOS - correct? And what if my Family-based I485 gets denied due to abandonment while on the EAD - is the EAD still valid or is it valid only after re-filing the I485?
Any suggestions?
GlobeTrotter100
10-11 10:59 AM
thanks, gc chahiye!
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vikramy
06-10 02:58 PM
Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
2010 2010 golden temple vellore at
fromnaija
02-26 01:10 PM
The risk is that you do not know which petition will be approved first. According to the "last action rules" principle, the last petition to be approved will be your wife's status. For instance, if the H4 petition is approved last she may need to file a change of status to be in H1 or alternatively travel out and re-enter with the desired visa, and vice-versa.
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learning01
04-06 01:33 PM
bill (# S......), will come into this S.Amdt of Specter. See my post here elsewhere in IV (http://immigrationvoice.org/forum/showpost.php?p=7032&postcount=177).
Everyone these are the provisions in the original Hagel bill. We're not sure whether they will be there in the new one or not.
Everyone these are the provisions in the original Hagel bill. We're not sure whether they will be there in the new one or not.
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The7zen
02-02 04:38 PM
Two yrs back my friend for a B1 visa thru his company and got the visa from the consulate for 10yrs. He never came to the US and left the sponsoring company and moved to Australia, the question is , Can he enter the US using his existing visa for tourism purpose ? or does he have to apply for a new one ?
I would greatly appreciate any help on this...
Thanks
I would greatly appreciate any help on this...
Thanks
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pointlesswait
01-06 10:23 AM
just ask your attorney ..if its possible to move from EB to FB category.. you should get ur answer..
better to go get a paid consultaion with murthy..or someone else..
better to go get a paid consultaion with murthy..or someone else..
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485Question
09-18 12:32 PM
Feeling bad for not making it. Looking forward to see our heros pics and videos
Live
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vrbest
12-16 08:49 AM
This is not true.. First time H4 when the dependant is on in US will NOT have I797. They just go to consulate with spouse's H1B to get H4 Stamped. I-797 for H4 will be received when H4 is extended with H1 here in US. That is what we also have and I have done 3 extensions/stamping for H1/H4 already with no issues
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
You said she got a H4 stamp when she first came to the US based on your H1B. That could not be true. She must had a I-797 approval notice of her H4.
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Ann Ruben
02-01 09:50 PM
Deepadandamudi,
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
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h1techSlave
04-07 08:41 PM
I was thinking of local office visits only. If you are from MD, then we can go together to visit the Senators in Baltimore or Hagerstown.
I am from the 6th district and my representative is Roscoe G. Bartlett. He has an office in Frederick and I will try to meet him there.
I have not decided when to visit. May be in a couple of weeks.
I'd be interested, are you planning to do local or DC offices?
I have met with staffers from offices of both MD senators a few times (in their DC offices) and I have been to the DC office of my local Congress woman.
Let me know when you are planning to go.
-D
I am from the 6th district and my representative is Roscoe G. Bartlett. He has an office in Frederick and I will try to meet him there.
I have not decided when to visit. May be in a couple of weeks.
I'd be interested, are you planning to do local or DC offices?
I have met with staffers from offices of both MD senators a few times (in their DC offices) and I have been to the DC office of my local Congress woman.
Let me know when you are planning to go.
-D
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deeru
04-02 01:11 PM
thank you
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chanduv23
09-07 01:52 PM
I sent this to Tri State Chapter - good stuff Jazz
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gcformeornot
07-25 03:16 PM
This additional poll needs to have an option for "Just you" - someone needs to take my additional 1.5 GC applications!
how to modify poll to add option.
how to modify poll to add option.
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eswaraprasad73
02-07 03:10 PM
I have valid H1B visa in my passport.
Can I travel to India via London.
Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.
Can I travel to India via London.
Can you please tell me what restrictions we have at london to travel. I heard some European countries have restrictions to travel.
sam12sa
12-18 04:06 PM
Hi
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
I am transferring my H1 to a firm on full time basis(not consulting company, product based). Currently I am on a project with A and I am going to transfer my H1 to B (which is 6 yrs old, american based company). I have pay slips from past 4 months, and I was on bench for 2 months where I didnt get my pasylips. For transfer I gave my past 4 months pay slips.
I have 2 questions here.
1) With company A, my LCA was not accurate. My LCA was of NY state & I am working in NJ.
Will this create any issue for my H1 transfer with company B which is VA and they have got the approved LCA.
2) Will there be any issue with my 2 months pay slips (which are of July & Aug). Right now I have submitted my H1 transfer with past 4 months payslips (Sep,Oct, Nov & Dec).
Please advice, I will really appreciate your suggestions on this ASAP.
Thanks
digital2k
08-01 09:22 PM
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