nlssubbu
01-10 01:29 PM
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
GCapplicant
07-30 01:59 PM
U R really lucky
gcformeornot
04-08 01:32 PM
what to use as current immigration status?
Item# 15
Item# 15
kiranvahaja
07-17 02:46 PM
hey guys
my company has their own lawyer who does all the immigration work. As part of 485 document preperation, they made me sign the forms granting him authority to deal with my case.
Now if i change company after six months, can i take back control from old company lawyer to myself? How many ways they can trouble me?
Any advice is appreciated!!!
Kiran
my company has their own lawyer who does all the immigration work. As part of 485 document preperation, they made me sign the forms granting him authority to deal with my case.
Now if i change company after six months, can i take back control from old company lawyer to myself? How many ways they can trouble me?
Any advice is appreciated!!!
Kiran
more...
srh1
09-22 01:50 PM
I am really amazed how some guys do not even know how to search house on internet and posting 10 messages for very basic question and dreaming of owning house during one of the turbulent times in the history.
Buying a house is a big decision and there is nothing wrong in asking others. This forum is all about sharing views if you don�t have something nice to say or don�t have any idea about housing stop commenting.
Buying a house is a big decision and there is nothing wrong in asking others. This forum is all about sharing views if you don�t have something nice to say or don�t have any idea about housing stop commenting.
eb3_nepa
10-03 01:44 PM
If you did not know about this, then whomever was advising you did you a disservice.
I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.
I dont think it is a question of disservice. I mean if they want you to keep a copy of all the I-94s they shud atleast mention that ON the I-94.
more...
gcwait2007
03-18 01:21 PM
Not sure if funny is the right term to use here, but this makes me think about
the cold-war era russia/east germany type of bureaucracy.
amazing.
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
the cold-war era russia/east germany type of bureaucracy.
amazing.
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
delax
08-03 09:47 PM
I think thousand is over exagerated. Most people have filled their application at NSC.
I also have a consiparacy theory now. The dates porbably have moved out because of TSC as they did not have enough cases to process.
U may be right. Do you know the NSC, TSC 485 break up. This is the first time I have heard that NSC has way more apps than TSC. Sorry I may be behind the curve on this..........
I also have a consiparacy theory now. The dates porbably have moved out because of TSC as they did not have enough cases to process.
U may be right. Do you know the NSC, TSC 485 break up. This is the first time I have heard that NSC has way more apps than TSC. Sorry I may be behind the curve on this..........
more...
on_h1b_since_1998
06-20 12:15 PM
If it is approved don't wait for the actual paper to arrive. You can apply 140/485 right away and USCIS will contact DOL for your LC papers. That's what I am doing. Don't wait just apply!
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
Hi gc_lover,
Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
for 140/485. I will try to pursue with my attorney if I get this info.
Thanks.
Case Details
TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
Waiting for Certification docs. to file 140/485.
jkays94
05-03 11:40 AM
Understood, I fully concur and if we remain on focus and on target with the message regarding legal immigrants we will get there. I will play my part by sending the reporter an email (as an individual incase the core has something in mind).
more...
indyanguy
07-31 11:17 AM
You are not. EAD is basically for spouse. Primary applicant need to be careful on using EAD.
When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?
When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?
dealsnet
08-04 12:15 PM
I have received the card with old number without any restriction in employment. Plain card with name and number. At the SSA office they told me the same. So feel free to get rid of last H1B bundle. (surrender old card for a new freedom card)
Did you recieve old SS# on new card ? or entirely new SS# ?
Did you recieve old SS# on new card ? or entirely new SS# ?
more...
Munshi75
03-07 09:52 PM
if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.
Asian
12-07 09:26 AM
Hi,
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
more...
veni001
11-08 01:32 PM
hello
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
mhathi
08-25 09:23 AM
Hi kondur_007,
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
more...
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ujjvalkoul
06-25 06:36 PM
Thanks guys for all your replies & suggestions. Just to let you know, that I am paying for my whole GC process and I have been with this company since last 3 years. I have already completed one 2 year contract term with them and still they are asking me to sign new contract. To me, this is total blackmailing.
Again ....the risk it totally urs to take.....!!!
I am sure they are doing that so that they can suck u more after applying 485....so at this point even if u tell them it is illegal, they will not budge...
Again ....the risk it totally urs to take.....!!!
I am sure they are doing that so that they can suck u more after applying 485....so at this point even if u tell them it is illegal, they will not budge...
bluez25
08-26 02:41 PM
Hi guestforgc,
If you have applied for CP while you applied for 140 then you can do as I have described. But in case you have applied for AOS after you have applied for 140 you CP will automatically get canceled and converted to AOS. If you want to go back to CP , contact your attorney to do so since I know for sure there is a form to do that. But why are you confusing your self and confusing USCIS and making your case over complicated?
Contact your attorney and see what are your options.
If you have applied for CP while you applied for 140 then you can do as I have described. But in case you have applied for AOS after you have applied for 140 you CP will automatically get canceled and converted to AOS. If you want to go back to CP , contact your attorney to do so since I know for sure there is a form to do that. But why are you confusing your self and confusing USCIS and making your case over complicated?
Contact your attorney and see what are your options.
ozone123
07-16 09:20 PM
Just posted this reply at http://www.numbersusa.com/helpform
Hello,
I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".
Seems like you have got many facts wrong.
I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.
Below are some corrections,
"(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."
The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.
"(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."
The above statement in COMPLETELY incorrect.
Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
You got to be kidding.There is no such thing.
I would appreciate it if you can quote any official source of this info.
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
The trust will be out soon.
Sincerely.
XXXXX
Hello,
I happened to come across your fax initiative "Ask your Members of Congress to oppose the SKIL Act H-1B increases".
Seems like you have got many facts wrong.
I'm surprised that an advocacy group as yours would try to make statements that would dilute your own credibility.
Below are some corrections,
"(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies."
The above statement is a matter of perspective. People can still come on visitor visas and have babies here.In any case, I personally do know of people who have gone back to their own countries to have their babies.
"(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers."
The above statement in COMPLETELY incorrect.
Everyone on H1-B is required to pay federal, state, medicaid, Social Security and other taxes that any other native employee would pay.
On the other hand, H1-B employees dont stand to gain from the Social Security when they relocate back to their country after 6 years.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
This is incorrect too.H1-B requires labor clearance and specific skills, even for h1-b transfers.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
You got to be kidding.There is no such thing.
I would appreciate it if you can quote any official source of this info.
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
The trust will be out soon.
Sincerely.
XXXXX
amsgc
06-16 01:22 AM
http://www.murthy.com/chatlogs/ch051407_P.html
Chat User : My husband is on H1B and is about to file for his I-485.
I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
with my husband, or can I file while being on F-1? Please advise.
Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.
Chat User : My husband is on H1B and is about to file for his I-485.
I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
with my husband, or can I file while being on F-1? Please advise.
Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.
rahul2699
05-16 07:59 AM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
If you travel while an application to extend/transfer is in progress, the application is considered abandoned which in many instances results getting approval with out an I-94 at the bottom.
As far as i know, a pending application can not be used to reenter. You must have valid visa stamp in your PP for reentry unless a visa waiver or AP can be used. You can enter with Comp A's visa stamp and approved transfer copy from Company B as long as the visa is not expired.
Please check with an experienced immigration lawyer before travelling.
* i am not a legal expert.
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