Jerrome
01-30 10:22 AM
Yes, you can Travel as long as the H1 Visa Stamping in Un-Expired,
My scneario was i worked for employer A,
Had H1 visa stamping Upto Oct 2006.
Changed employer and H1B transfer with Extension.
Traveled to India returned, While returning Showed the New 797 to the Officer and Got the I-94 for the new date. No problem.
Please carry just in case your new employer employement verification letter and latest paystub. Most of the time it is not necessary but just in case.
My scneario was i worked for employer A,
Had H1 visa stamping Upto Oct 2006.
Changed employer and H1B transfer with Extension.
Traveled to India returned, While returning Showed the New 797 to the Officer and Got the I-94 for the new date. No problem.
Please carry just in case your new employer employement verification letter and latest paystub. Most of the time it is not necessary but just in case.
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redcard
03-03 01:42 PM
USCIS has withdrawn the 180 name check pending policy for name check.
http://www.immigration-law.com/
http://www.immigration-law.com/
kondur_007
08-16 06:29 PM
Hello everyone -
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
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glus
05-06 12:50 PM
Quetions to Gurus. I did read in so many forums since long time but did not get a clear understanding around salary.
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.
Best Regards,
1) What is the meaning of "There should not be very huge variance in income levels."
Does it mean while moving from one job to another (1 time)?
2) What if the GC is filed 8 years ago and the person is still waiting but got an average of
10% hike every year. Is that a problem?
Generally speaking: There is NOTHING in the INA nor AC-21 that prohibits one from getting salary increases. As long as you do at your work what is consistent with the approved form I-140, you salary can go up, and in normal circumstances, should go up periodically. I think what the previous member mentioned was that if, for instance, your wage specified on labor and I-140 was going to be 50k/year, u changed employers and is 150k/year, that can raise a question whether or not u do the same thing as u did before, and if your job duties still match with your approved form I-140. Having said that, regular salary changes are not a problem as long as you earn more than the prevailing wage determination. I hope this answers your both questions.
Best Regards,
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chanduv23
10-29 01:28 PM
Bump - come on folks, please provide feedback.
We are glad that so many people turned out in huge numbers.
We are glad that so many people turned out in huge numbers.
vinayh
11-18 09:30 PM
I recently booked visa appointment at Chennai.
1. Use IE. I had issues with firefox
2. You will be allowed to pick the appointment date at the very end. In fact that is the last step of the online visa appointment booking process.
1. Use IE. I had issues with firefox
2. You will be allowed to pick the appointment date at the very end. In fact that is the last step of the online visa appointment booking process.
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chantu
01-15 12:40 PM
I have one question that I will post here. I do not want to open a new thread.
I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".
Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".
I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.
Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??
Thanks.
Can somebody throw light on this?
I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".
Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".
I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.
Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??
Thanks.
Can somebody throw light on this?
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yabadaba
07-22 12:33 PM
It is a bit early. No checks will be cleared except the legal fee checks. :)
Tomm will be the 23rd...so logically my application has been there for three weeks along with all the other july 2nd filers.
they say they will reach receipting compliance by 1st of August at the NSC...if that is true we need to see some cleared checks right away
Tomm will be the 23rd...so logically my application has been there for three weeks along with all the other july 2nd filers.
they say they will reach receipting compliance by 1st of August at the NSC...if that is true we need to see some cleared checks right away
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bestin
12-21 08:55 PM
Thanks, Bestin.
I have another question. If my I-140 is approved in next few days, how the status will change?
Thanks in advance
Ur status doesnt change unless u use your EAD.Again this is AFAIK
I have another question. If my I-140 is approved in next few days, how the status will change?
Thanks in advance
Ur status doesnt change unless u use your EAD.Again this is AFAIK
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Jaime
09-11 04:03 PM
By coming to DC!!!!
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bluez25
08-23 02:01 PM
Pappu--> Thanks for being on top of everything. There is a slight difference between spaming and giving information in 2 different threads. Paskal already closed the other thread and I agreee with that. But this is not spaming my friend..... Spaming is putting useless information all over with no interest on that....
I guess you would understand what I am talking about..
I guess you would understand what I am talking about..
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vamsi_poondla
11-27 09:51 AM
Whoever invoked this please share your experiences, dos and donts.
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gc_chahiye
08-15 12:09 AM
Hi Gurus
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
Just because you applied for EAD does not mean that you need to enter on AP. You can still come back on your H1 stamp.
its your personal decision based on your own goals/needs. If you intend to take up multiple jobs or your spouse wishes to work in a non-H1B type position, or stop working and then start working again without worrying about change of status (H1->H4->H1) then applying for EAD+AP would be helpful.
If you want to maintain a backup, you can still apply (an approved EAD does not change your status, you need to actively use it). Applying after you get the receipt might be better (since USCIS can easily tie your case together).
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
Just because you applied for EAD does not mean that you need to enter on AP. You can still come back on your H1 stamp.
its your personal decision based on your own goals/needs. If you intend to take up multiple jobs or your spouse wishes to work in a non-H1B type position, or stop working and then start working again without worrying about change of status (H1->H4->H1) then applying for EAD+AP would be helpful.
If you want to maintain a backup, you can still apply (an approved EAD does not change your status, you need to actively use it). Applying after you get the receipt might be better (since USCIS can easily tie your case together).
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leoindiano
03-25 01:55 PM
my and my current visa status
I140 application was approved on may 2008 and the reciept no linxxxxxxxxxxxx
Please remove the number
I140 application was approved on may 2008 and the reciept no linxxxxxxxxxxxx
Please remove the number
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saxx
01-11 08:23 AM
Thats ****ing amazing dude.
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chem2
01-10 11:32 AM
have you considered asking your client to hire you effective jan 20, but take unpaid leave until jan 25 or whenever they are ready to hire you?
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
more...
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addsf345
01-01 02:11 PM
Guys,
Happy New Year for everyone in this forum....
Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...
I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....
I will talk to lawyer soon on this and let u know but any insight is helpful from you all..
Thank you
Sree
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
Happy New Year for everyone in this forum....
Sorry for taking this discussion into different side..instead of opening a new thread i felt my question is related somewhat to this...
I am planning to change to new employer in february 2009 and used AP on Nov 2008. I am planning to ask new employer for H1B transfer instead of EAD as my H1B is valid till Sep,2010. Will this be a problem as i already used AP..some where i read that, i may jeopardize my 485 application, if i do H1 transfer in this case, as i used my AP....
I will talk to lawyer soon on this and let u know but any insight is helpful from you all..
Thank you
Sree
Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.
My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.
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jotv
10-16 11:14 PM
:(hi gcpadmavyuh ,
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
thank you in advance
here is my question i got h1 that is starting from oct 1st and i got ead also .
i dont have ssn also . my i-94 got expired.
1) now i am on which status ?
2) how to come from h4 to ead in my situation ?
3) how to actually use ead or h1 ?
4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?
5) in my situation how uscis will recognise am i using ead /h1 /h4 ?
6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?
7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?
please clarify this doubts . please other experts suggest me.
thank you in advance
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ras
04-10 03:31 AM
How many days did the response delayed?
Is the decision by USCIS being taken before the response was reached?
Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?
I guess, this would help analyse the situation
Is the decision by USCIS being taken before the response was reached?
Or even after recieving the response USCIS has not considered the response. Did they specifically mention in the denial notice that the reason as delayed response?
I guess, this would help analyse the situation
sbdol
07-21 07:11 PM
My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?
Thanks for your input.
Solong:confused:
Yes you can. As far as I can see there is nothing unusual/illegal in your situation.
Thanks for your input.
Solong:confused:
Yes you can. As far as I can see there is nothing unusual/illegal in your situation.
boreal
09-24 05:48 PM
Hi Gurus,
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).
R
I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.
I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.
Are there any catches in this rule.
Please advise me.
I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).
R
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