pncool01
09-24 02:45 PM
Hi
First off, I know that people responding on this forum are spending valuable time answering my questions and very much appreciate the time you spend reading and responding to my requests.
I have the following situation:
1. Currently working on H1B, renewed effective Sep 15 2009 for the next 3 years (i.e. expires 2012 Sep)
2. I-485 filed in Aug 2007, PD of Jan 2006 for EB-2 / India.
3. Received and used Advance Parole in the past year or so to re-enter US (for spouse and me)
4. Have a valid EAD card that will expire October 2010. If relevant, spouse does not work, although she has an EAD card with same validity.
5. I accepted a job offer and expect to start work on Oct 5 2009 with the new company. The new job has a very similar description as the previous and is about the same level as well but higher pay.
My questions are as follows:
1. Should I request the new company to 'transfer' my H1B? What are the benefits and drawbacks of transferring the H1B as against switching to the EAD? What is the filing requirement for the transfer in terms of deadlines (i.e. do I need to have it filed on or before or within certain number of days after Oct 5?)
2. Will I be in violation of the AC-21 requirements ? What will I need to do to continue my GC process. The new employer has agreed to support the GC process and will do what is required.
3. In all this switchover, what documentation should I be requesting from my current employer's law firm? This is a big law firm and may take a few days to respond.
I need to be on point and keep pushing with the new employer as well as with the old one to make sure my legal status is not affected in the US. As such any additional tips / suggestions you have will be great too.
I have tried to provide as much detail as possible but please do let me know if I have missed anything. Again, thank you for your responses.
-P
First off, I know that people responding on this forum are spending valuable time answering my questions and very much appreciate the time you spend reading and responding to my requests.
I have the following situation:
1. Currently working on H1B, renewed effective Sep 15 2009 for the next 3 years (i.e. expires 2012 Sep)
2. I-485 filed in Aug 2007, PD of Jan 2006 for EB-2 / India.
3. Received and used Advance Parole in the past year or so to re-enter US (for spouse and me)
4. Have a valid EAD card that will expire October 2010. If relevant, spouse does not work, although she has an EAD card with same validity.
5. I accepted a job offer and expect to start work on Oct 5 2009 with the new company. The new job has a very similar description as the previous and is about the same level as well but higher pay.
My questions are as follows:
1. Should I request the new company to 'transfer' my H1B? What are the benefits and drawbacks of transferring the H1B as against switching to the EAD? What is the filing requirement for the transfer in terms of deadlines (i.e. do I need to have it filed on or before or within certain number of days after Oct 5?)
2. Will I be in violation of the AC-21 requirements ? What will I need to do to continue my GC process. The new employer has agreed to support the GC process and will do what is required.
3. In all this switchover, what documentation should I be requesting from my current employer's law firm? This is a big law firm and may take a few days to respond.
I need to be on point and keep pushing with the new employer as well as with the old one to make sure my legal status is not affected in the US. As such any additional tips / suggestions you have will be great too.
I have tried to provide as much detail as possible but please do let me know if I have missed anything. Again, thank you for your responses.
-P
wallpaper word of the day 9/365: funny
plassey
08-14 02:53 PM
Welcome, No but why do you want to know that?
Anyone here whose application was signed by BESCH?
EB2 - India
PD: Dec 2006
I-140: Feb 9, 2007
I-485: Jul 3, 2007 @ 9:04am, signed by BESCH
Checks cashed - No
Receipt - No
Anyone here whose application was signed by BESCH?
EB2 - India
PD: Dec 2006
I-140: Feb 9, 2007
I-485: Jul 3, 2007 @ 9:04am, signed by BESCH
Checks cashed - No
Receipt - No
grinch
05-17 03:09 PM
There ok, but I believe the arangement of the objects in the stamp look a little to boring.
2011 (invent a) Word of the day
arkrish68
02-19 06:06 PM
Dear All,
It seems my company had audit and my employer was asked to submit client letters for all employees.
Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?
Please let me know.
Is it possible for you to share your companies name which is being audited.
It seems my company had audit and my employer was asked to submit client letters for all employees.
Q's is will it have any impact on 485 process for the employees in case of any issues in the company in other areas ?
Please let me know.
Is it possible for you to share your companies name which is being audited.
more...
venkat80
08-26 09:45 PM
It is normal not to have PD on the receipts.
clockwork
07-18 08:26 AM
I believe so....if your LC is approved in August, then your PD is August. It is not qualified under July VB.
Not True. PD is your labor filing date not approval date. I think, you should be able to apply if your PD falls on or before July 2007. Please consult with your attorney. They can check with USCIS through AILA liason. Thanks -
Not True. PD is your labor filing date not approval date. I think, you should be able to apply if your PD falls on or before July 2007. Please consult with your attorney. They can check with USCIS through AILA liason. Thanks -
more...
sunny1000
10-07 08:21 AM
Hi All
I am on a B1 - Visa visited 4 times to USA.But last time (4th time) i over stayed for about 20 days after the i-94 expired.
Normally first 3 times they gave i-94 for 3 months, last time it is only for 2 months, so it's my mistake i haven't looked it till iam
back. All this happened in June 2009. Now i am aproved for H1 - B for the year 2010. I need to face a visa interview. In DS 156
Application, Question No 38. ( Have you ever voilated the terms of a U.S. Visa or Been unlawfully present in,........)
I am checking the option Yes. Can you all help me in this please. Does 20 days extra stay will effect my H1 - B visa or if i get
the Visa, when i go to USA on H1 - B Visa does immigration stop me. Please help me on this case. Thanks a lot for all your
help.
Please post this in the lawyers section so that the attorneys can respond.
I am on a B1 - Visa visited 4 times to USA.But last time (4th time) i over stayed for about 20 days after the i-94 expired.
Normally first 3 times they gave i-94 for 3 months, last time it is only for 2 months, so it's my mistake i haven't looked it till iam
back. All this happened in June 2009. Now i am aproved for H1 - B for the year 2010. I need to face a visa interview. In DS 156
Application, Question No 38. ( Have you ever voilated the terms of a U.S. Visa or Been unlawfully present in,........)
I am checking the option Yes. Can you all help me in this please. Does 20 days extra stay will effect my H1 - B visa or if i get
the Visa, when i go to USA on H1 - B Visa does immigration stop me. Please help me on this case. Thanks a lot for all your
help.
Please post this in the lawyers section so that the attorneys can respond.
2010 like a funny word like
Blog Feeds
08-23 06:50 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
The attorneys at Fong & Chun, LLP have helped hundreds of legal immigrants seek citizenship over the years. Whether we have worked with you at a naturalization drive, through labor unions, or in our own offices, citizenship is the ultimate goal of most immigrants. Today, the government announced (http://articles.latimes.com/2010/aug/22/local/la-me-refugee-assistance-20100823) that cash assistance to elderly and disabled immigrants who were granted entry based on humanitarian reasons may lose benefits unless they have naturalization applications pending. Many of those affected are people who were granted asylum or refugee status.
Most immigrants are eligible for naturalization after a 3 or 5 year period after their initial residency period begins. Many immigrants delay applying for naturalization because they fear the English or history exams. While the naturalization exam can seem daunting, the government allows for applicants to re-take their exams if they fail the first time. Some immigrants who are long term residents may even take the examination in their native language, but many immigrants simply put off the naturalization process because it has become intimidating or costly. However, in most cases, an immigrant who truly desires to naturalize and is eligible to do so can make an application and be successful with the right type of support and preparation. Today's announcement by the administration poses yet another reason for immigrants who have been putting off their citizenship application to call and find a qualified immigration attorney (http://www.fongandchun.com/lawyer-attorney-1416111.html) to help them with the process. Fong & Chun encourages those eligible for naturalization make an application and realize their dreams of finally becoming US citizens. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/naturalization-yet-another-rea.html)
The attorneys at Fong & Chun, LLP have helped hundreds of legal immigrants seek citizenship over the years. Whether we have worked with you at a naturalization drive, through labor unions, or in our own offices, citizenship is the ultimate goal of most immigrants. Today, the government announced (http://articles.latimes.com/2010/aug/22/local/la-me-refugee-assistance-20100823) that cash assistance to elderly and disabled immigrants who were granted entry based on humanitarian reasons may lose benefits unless they have naturalization applications pending. Many of those affected are people who were granted asylum or refugee status.
Most immigrants are eligible for naturalization after a 3 or 5 year period after their initial residency period begins. Many immigrants delay applying for naturalization because they fear the English or history exams. While the naturalization exam can seem daunting, the government allows for applicants to re-take their exams if they fail the first time. Some immigrants who are long term residents may even take the examination in their native language, but many immigrants simply put off the naturalization process because it has become intimidating or costly. However, in most cases, an immigrant who truly desires to naturalize and is eligible to do so can make an application and be successful with the right type of support and preparation. Today's announcement by the administration poses yet another reason for immigrants who have been putting off their citizenship application to call and find a qualified immigration attorney (http://www.fongandchun.com/lawyer-attorney-1416111.html) to help them with the process. Fong & Chun encourages those eligible for naturalization make an application and realize their dreams of finally becoming US citizens. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/08/naturalization-yet-another-rea.html)
more...
Anil_s
03-03 07:21 PM
Hi,
Thank you for the information so if I am leaving country then will it be a problem?
Anil
Thank you for the information so if I am leaving country then will it be a problem?
Anil
hair He and my friend have a word
mars
09-27 09:28 AM
Hi,
Thanks for the info..
It's been two weeks that we have sent the required info to DOL. Still waiting to hear back from them..
Thanks
Thanks for the info..
It's been two weeks that we have sent the required info to DOL. Still waiting to hear back from them..
Thanks
more...
andy garcia
11-19 11:59 AM
Does anyone know if there would be some kind of record about
when and how many times we have spoken to the IIO.
Like will a IIO be able to look at one's receipt# and say if they have spoken to an IIO earlier that day or whenever that is?
Thank you.
Every time that they talk to you, they log the date of that conversation.
when and how many times we have spoken to the IIO.
Like will a IIO be able to look at one's receipt# and say if they have spoken to an IIO earlier that day or whenever that is?
Thank you.
Every time that they talk to you, they log the date of that conversation.
hot the word of the day is
delhirocks
07-23 07:29 PM
Interesting situation. Technically you will be better off on H1 (since you have that approved for 3 years). I would do that if I were you.
Only issue I can think off is, f your husband (Iam assuming primary 485 applicant), would move over to EAD (after Sep-07), would that impact your H1 in any way(I don't think it should).
I'll let someone more knowledgable answer that
Only issue I can think off is, f your husband (Iam assuming primary 485 applicant), would move over to EAD (after Sep-07), would that impact your H1 in any way(I don't think it should).
I'll let someone more knowledgable answer that
more...
house Funny Word of the Day image
number30
10-05 09:26 AM
I currently work for a leading film company in the US and hold a senior position under a O1 non-immigrant visa. Last year I applied for my GC under EB3, which was the choice made by my company . My priority date is Jan 2008 and I recently had my I140 approved. However, I have heard that given my work history and experience, I may possibly qualify as EB1 if I did not apply through company sponsorship. My question is, can I simply cancel my current application and re-apply myself under EB1 using my own lawyer? I am really hoping that I can change this category as the EB3 situation seems to be completely ridiculous.
Thanks!
You do not need to Cancel EB3. You can apply in EB1 separately. They are totally independent.
Thanks!
You do not need to Cancel EB3. You can apply in EB1 separately. They are totally independent.
tattoo Friday Funny: Mexican Word of
mjdup
10-16 05:08 AM
I was in a similar situation as you and had to use this firm. H1B filing experience was fine but the entire GC process and filing was not a good experience at all. There were days I had to call the paralegal and teach him the new immigration laws and that's never a good sign ! Because of their mistake I was stuck in Eb3 rather being in Eb2. May be they will deal differently with your case but have a chat with them and your company managers before you agree to use them. I m with another company and another attorney firm and they are awesome !
Anyway, pm me if you need more info. Good luck,
Anyway, pm me if you need more info. Good luck,
more...
pictures Funny Word:
martinvisalaw
06-08 03:12 PM
It sounds like your employer substituted you on an already approved labor cert. The original LC was approved before PERM came into effect, which is why they used the old forms. When doing an LC substitution, the employer kept the original approved Part A and the new, substituted employee needed to complete the Part B.
dresses But on side note, today#39;s word
minimalist
07-26 12:24 AM
I think it costs as much as new application.
_____
Not a lawyer
EB3-I May 2006
Contributed $100
_____
Not a lawyer
EB3-I May 2006
Contributed $100
more...
makeup cute and kinda funny. WORD
joydiptac
03-19 07:40 PM
I guess it means nothing to us. My file has moved over the years from CA -> NE -> SJ NBC -> TSC.
TSC was the most efficient machinery USCIS had. Someone in NSC may not have liked this, so they are moving the old files to TSC to make it look just as bad. :D
TSC was the most efficient machinery USCIS had. Someone in NSC may not have liked this, so they are moving the old files to TSC to make it look just as bad. :D
girlfriend Re: Word of the Day
webm
02-20 01:11 PM
Just a side note,you should send EAD/AP renewal applications only 120 days in advance not 180 days..according to the new rule set by USCIS.
Sorry!!someone will answer your actual query..
Sorry!!someone will answer your actual query..
hairstyles Word of the Day: Sugar Daddy!
crystal
02-17 06:57 PM
You are right
This link says http://www.virginia.edu/iso/issp/OPTandH-1B.ppt#3
It is 90 days without employment on OPT. 10 days of unemployment between two jobs does not count towards the limit. You can also work part-time (20 hrs/week) or as a volunteer to stop the counter.
I recommend contacting your international department for details. They should be able to guide you depending on how useful/active they are!
This link says http://www.virginia.edu/iso/issp/OPTandH-1B.ppt#3
It is 90 days without employment on OPT. 10 days of unemployment between two jobs does not count towards the limit. You can also work part-time (20 hrs/week) or as a volunteer to stop the counter.
I recommend contacting your international department for details. They should be able to guide you depending on how useful/active they are!
cjgirish
02-06 02:13 PM
Hello All,
I am in a very sticky situation, my labor is pending @ PBEC with priority date of Jan'2004, which is Non-RIR and filed under EB3 category, based on which I have been getting incremental extensions of H1B (I am already in my 9th year by now). At present I am in the process of changing my filing type to RIR from TR and I was hoping to change the category too from EB3 to EB2, but my employers did not support me since they cannot pay the prevailing wage. I know I can still switch jobs, provided I transfer my H1B (which is valid till Jan�2008) and the new company files my GC immediately, so my questions to fellow victims of PBEC is
� How can I retain my old priority date?,
� Does the job descriptions filed with old labor have to match with job descriptions filed in PERM?
� It will be very tough, since I have almost 12+ yrs of exp in the industry, but my present employer is taking advantage of my situation and he is paying me peanuts, just because he does not want to pay me more, they have filed the papers as EB3. So while filing labor under EB2, can I still maintain my old priority date.
Please guys/gals help me out, I am not sure what to do, since I have already spent almost 3K$ on my GC and If I will be stuck with my employer at such low salary after my labor & I140 gets approved because of the retrogression it will be disaster. So I was thinking it would be better to be stuck with employer, who at least pays me decently and if I can retain my old dates it will awesome.
Regards,
CJG
I am in a very sticky situation, my labor is pending @ PBEC with priority date of Jan'2004, which is Non-RIR and filed under EB3 category, based on which I have been getting incremental extensions of H1B (I am already in my 9th year by now). At present I am in the process of changing my filing type to RIR from TR and I was hoping to change the category too from EB3 to EB2, but my employers did not support me since they cannot pay the prevailing wage. I know I can still switch jobs, provided I transfer my H1B (which is valid till Jan�2008) and the new company files my GC immediately, so my questions to fellow victims of PBEC is
� How can I retain my old priority date?,
� Does the job descriptions filed with old labor have to match with job descriptions filed in PERM?
� It will be very tough, since I have almost 12+ yrs of exp in the industry, but my present employer is taking advantage of my situation and he is paying me peanuts, just because he does not want to pay me more, they have filed the papers as EB3. So while filing labor under EB2, can I still maintain my old priority date.
Please guys/gals help me out, I am not sure what to do, since I have already spent almost 3K$ on my GC and If I will be stuck with my employer at such low salary after my labor & I140 gets approved because of the retrogression it will be disaster. So I was thinking it would be better to be stuck with employer, who at least pays me decently and if I can retain my old dates it will awesome.
Regards,
CJG
swamy
12-12 09:01 PM
Swamy, you showed where you belong.
GG_007
sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.
GG_007
sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.
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