kaisersose
06-26 09:01 AM
Hi,
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.
I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.
My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.
Can any one suggest me on this?
Thanks
h12gc
If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.
Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.
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jsb
11-05 02:20 PM
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
baburob2
08-28 09:51 PM
GC is for the future job and hence if your prospective employer will be able to proceed with your GC in your absence till its very end then you should be fine and still be able to come into US as a GC holder when GC is offered to you. However in this case you can't do Adjustment of status since you willn't be staying inside US and hence have to opt for Consular processing if you haven't opted for Consular processing.
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jonty_11
12-13 11:05 AM
How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.
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qtoask
07-11 01:03 AM
Its support of every single person who has the heart made it possible... You can pat on your back!!!
English_August : well done co-ordinating...I salute you guys!
English_August : well done co-ordinating...I salute you guys!
ashwaghoshk
08-18 01:40 PM
@ Meet
You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.
Hope that helps.
You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.
Hope that helps.
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MDix
02-04 09:07 AM
Gc_On_Demand,
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
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me_myself
12-16 10:57 AM
why do you say it will become void? I am going to work for the same employer who got my H1.
Thanks.
Thanks.
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seahawks
10-31 07:36 PM
We are meeting tonight, looking forward to seeing all dedicated and active state chapter members..!
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joydiptac
06-02 07:52 PM
You cannot be a partner in LLC and work for the same company on H1B.
But my guess is nothing stops you from not be a founding member and work for the same company. Your other two partners can be owners and they will have the right to give you as many shares as they want. This is a guess, so please confirm with a Lawyer. Explore the same option with C Corp/S Corp as well.
Do share with us what you find out. :)
And BTW if you are just three people and making a million you guys are making a killing. What business you guys in?
But my guess is nothing stops you from not be a founding member and work for the same company. Your other two partners can be owners and they will have the right to give you as many shares as they want. This is a guess, so please confirm with a Lawyer. Explore the same option with C Corp/S Corp as well.
Do share with us what you find out. :)
And BTW if you are just three people and making a million you guys are making a killing. What business you guys in?
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ramhs
02-06 11:58 PM
First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.
In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .
In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .
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tictac
09-09 05:22 PM
absolutely!! im just waiting, as soon as AC21 kicks in, i have a plan ready for these suckers
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
The problem is that most H1 employee's don't know their rights.
They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.
Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.
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rick_rajvanshi
07-26 03:38 PM
Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
Normally PCC is always issued on plain white paper with Police stamp on it and it should be sufficient.
Process is --> apply at local Police Station > They come and verify your home address ( take signature from 2 neighbours ) > they send it to local deputy commissioner office for his signature
If you want it quicker - just keep running along with your application at all stages. I got it done on the same day
I have 2 PCCs - one from SFO consulate and another one from Delhi Police.
Both are on plain paper with stamps and signatures - so it should suffice. Also they know what to write. You cannot dictate them or make them write what you want.
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
Normally PCC is always issued on plain white paper with Police stamp on it and it should be sufficient.
Process is --> apply at local Police Station > They come and verify your home address ( take signature from 2 neighbours ) > they send it to local deputy commissioner office for his signature
If you want it quicker - just keep running along with your application at all stages. I got it done on the same day
I have 2 PCCs - one from SFO consulate and another one from Delhi Police.
Both are on plain paper with stamps and signatures - so it should suffice. Also they know what to write. You cannot dictate them or make them write what you want.
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theMan
11-10 01:32 PM
I am planning on changing to another company but I dont have the labor certification details. All I know is, it is Software Engineer and have salary details and some basic job requirements. My I-140 is approved. If I move to another company on EAD, and if I get an RFE, how can I provide the details of same/similar employment?
Thank you,
Per my lawyer, you can file FOIA, although it could take time. As long as you are moving to "similar" field, you should be fine.
Thank you,
Per my lawyer, you can file FOIA, although it could take time. As long as you are moving to "similar" field, you should be fine.
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pd052009
04-28 04:08 PM
Please explain why not?
I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?
The fact is those 5000 people are not in the begining of the line. So you don't see date movement for EB3.
I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?
The fact is those 5000 people are not in the begining of the line. So you don't see date movement for EB3.
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ksrk
07-07 06:14 PM
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
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perm2gc
06-20 12:09 AM
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
he can file but if you are thinking the dates will current until your perm LC is approved may be wrong.
thanks for your opinions
Reply With Quote
he can file but if you are thinking the dates will current until your perm LC is approved may be wrong.
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kshitijnt
03-07 12:49 AM
Hi People,
I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.
I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.
Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.
Would appreciate a little insight here.
Thx,
M
She is exempt. I renewed last year under new fees structure. I got my AP . For this year they did not even give me a receipt. So I am going to have to call USCIS.
I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.
I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.
Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.
Would appreciate a little insight here.
Thx,
M
She is exempt. I renewed last year under new fees structure. I got my AP . For this year they did not even give me a receipt. So I am going to have to call USCIS.
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gandalf1234
02-10 03:58 PM
Sharma ji -
I heard 6 mths but there is no written rule .
Please do not hijack my thread .....
This thread is about H1-Extension pending after 485 approval
I heard 6 mths but there is no written rule .
Please do not hijack my thread .....
This thread is about H1-Extension pending after 485 approval
jatinr
09-05 10:50 PM
[QUOTE=nirajnp;160331]Hi,
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
gcwaiting17
10-04 05:36 PM
RD: July 2 nd
Transferred from NSC>CSC
Receipt Notice Aug 28
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
Transferred from NSC>CSC
Receipt Notice Aug 28
Got EAD/AP
485 Transferred from CSC>NSC
Waiting for FP notice
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