synergy
12-03 10:10 PM
If I am going to get a new H1B ,do I still need to invoke AC21?
I am also in same boat, I was gathering information on the same and found different solutions.
1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.
please advice on the same, good questions synergy.
I am also in same boat, I was gathering information on the same and found different solutions.
1)To be on safer side you can transfer H1B and also invoke AC21 to the new employer, if the new employer is willing to support,
2)If H1B is not revoked by the old employer then Yes , you can work on EAD or H1B for the same old employer
3) since I140 is approved for more then 6 months, you are safe, he may not have options to revoke I140.
4)If you have validity of H1B stamping on your passport then no need of using AP as well to go in and out of country, even after using EAD.
please advice on the same, good questions synergy.
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reddymjm
12-17 03:53 PM
New job must match the LC...that's the trick. If it doesn't, it will get rejected and potentially, GC denied.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
It is risky.
Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.
Always remember, get a job that is according to your LC because that is the one certified.
It is risky.
crystal
06-15 06:20 PM
I found in another forum similar question but not exact.
http://boards.immigrationportal.com/showthread.php?t=115661
as per the above link even though u dont apply for EAD , once you file I-485, you no longer can work on F1-EAD if I understand it correctly
(moderators please do not delete the above link , as I am just trying to get information for my cause.)
I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across
http://boards.immigrationportal.com/showthread.php?t=115661
as per the above link even though u dont apply for EAD , once you file I-485, you no longer can work on F1-EAD if I understand it correctly
(moderators please do not delete the above link , as I am just trying to get information for my cause.)
I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across
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poorslumdog
08-25 03:18 PM
Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
.
Do you mean to say other people who spend time, energy and money do not have any other priority or work and sitting idle. Everyone has priority other than spending time in IV. By the way what happened to the Op's priority now. There is no priority now and wants to spend in IV. Do you think its fair...?
.
Do you mean to say other people who spend time, energy and money do not have any other priority or work and sitting idle. Everyone has priority other than spending time in IV. By the way what happened to the Op's priority now. There is no priority now and wants to spend in IV. Do you think its fair...?
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vin13
01-16 01:07 PM
Isn't recapturing of H1-B when you are trying to determine if you have used up your 6 year limit.
In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.
I think we are talking of two different aspects.
In this case, he is trying to get out of H1 and get back in. At this time he will be considered on the yearly cap.
I think we are talking of two different aspects.
pappu
05-12 08:31 AM
It may be a good idea for people like me who cannot make it to the event to call in to this event.
can we have some kind of confrence call number we can call and listen to the speakers?
can we have some kind of confrence call number we can call and listen to the speakers?
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theperm
08-08 06:40 PM
where ever u r getting ur info from shree19772000 ...I soooooooooooooooo hope it is true !!! :D
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vrbest
05-07 02:38 PM
I dont think soft LUD provides any logic.. I had soft LUD on my H1B case last week .. this was approved last year for 3 yr extension and I have not applied for anything recently (last one was for AP in Feb 1st week). No other cases had LUD updates...
They are not random. The do have some logic.
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
They are not random. The do have some logic.
At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.
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mdforgc
02-17 08:39 PM
Great job, wish u good luck, We will do our stuff in nY/NJ and meet lawmakers here
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pappu
03-31 03:50 PM
Congrats
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Green_Always
09-22 10:18 PM
Any News about how is Real Estate Prices / Home Prices in Indian Metros now ?
Will we see problems over there ? or Problem is already there ? Look forward to hear some views in this regard.
Will we see problems over there ? or Problem is already there ? Look forward to hear some views in this regard.
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grupak
08-15 07:40 PM
Thank you all for the good wishes!
Good to see you Jazz.
Congratulation,
You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this
My GC came before I officially joined the new employer. And NIW is a bit grey area I think... I don't need an employer but I am expected to continue my contribution in my field of expertise.
But as people have mentioned AC21 is your right... you don't have to invoke it. If USCIS asks, you prove through documentation how you are covered under AC21.
Good to see you Jazz.
Congratulation,
You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this
My GC came before I officially joined the new employer. And NIW is a bit grey area I think... I don't need an employer but I am expected to continue my contribution in my field of expertise.
But as people have mentioned AC21 is your right... you don't have to invoke it. If USCIS asks, you prove through documentation how you are covered under AC21.
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Munna Bhai
02-08 12:59 PM
If its been more than 180 days since your 140 was approved, can you not use AC21 to move to a new job (similar). even if the old company revokes the 140, you will get RFE/NOID and you can reply back in specified time.
correct me if i am wrong.
180 days rule don't apply to I-140 as far as I know.
correct me if i am wrong.
180 days rule don't apply to I-140 as far as I know.
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needhelp!
02-13 10:55 PM
Thanks to all who responded.
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ushkand
10-09 12:11 PM
can she move from H1 to EAD immediately?
Yes
what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office?
Pros are -
She can work for anyone or even not work at all
Cons -
The only risk here is the probability of your 485 being rejected. Also, having to use AP and renewing EAD/AP every year.
Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
You should be able to start any kind of company. The simplest way would be to get a DBA (Doing business as) for her. Should take no more than 15 minutes at your local county office. That should suffice for independent contracting. She would then be on a 1099 with her client.
Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?
You can always keep your company "open". You don't lose anything if you just have a DBA.
Once she have her own company then she will work thru that company corp-to-corp or 1099??
If you start an LLC or C/S corp, then it will most probably be a corp-to-corp and can get tricky with a lot of paperwork involved. DBA should be the most simple way if you are not planning on actually starting a "consulting firm" with more employees.
Yes
what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office?
Pros are -
She can work for anyone or even not work at all
Cons -
The only risk here is the probability of your 485 being rejected. Also, having to use AP and renewing EAD/AP every year.
Also what kind of company she can have on EAD (corp,LLC)?
what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
You should be able to start any kind of company. The simplest way would be to get a DBA (Doing business as) for her. Should take no more than 15 minutes at your local county office. That should suffice for independent contracting. She would then be on a 1099 with her client.
Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?
You can always keep your company "open". You don't lose anything if you just have a DBA.
Once she have her own company then she will work thru that company corp-to-corp or 1099??
If you start an LLC or C/S corp, then it will most probably be a corp-to-corp and can get tricky with a lot of paperwork involved. DBA should be the most simple way if you are not planning on actually starting a "consulting firm" with more employees.
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krishna.ahd
02-23 04:46 PM
Can H4 dependent join college without changing his/her visa status to students visa.
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
Now the H1 and H4 are decoupled against 6 years limit , one can afford to remain in H4 , people used to get F1 (while on college) only to avoid 6 years limit on H4 , but there are other disadvantages to remain on H4
I dont think there should be any impact on GC process, consult your attorney
Also what are the implecations for this on the green card process if one is waiting for the PD to be current.
Now the H1 and H4 are decoupled against 6 years limit , one can afford to remain in H4 , people used to get F1 (while on college) only to avoid 6 years limit on H4 , but there are other disadvantages to remain on H4
I dont think there should be any impact on GC process, consult your attorney
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sixburgh
08-13 10:58 AM
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.
Aren't all H status people supposed to have Dual Intent?
If what you are saying is true, what are the steps I need to take?
Someone is suggesting that I should revoke her h4.
What happens of the fact that she worked since the arrival of her h4 renewal.
Its been less than 100 days....
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.
Aren't all H status people supposed to have Dual Intent?
If what you are saying is true, what are the steps I need to take?
Someone is suggesting that I should revoke her h4.
What happens of the fact that she worked since the arrival of her h4 renewal.
Its been less than 100 days....
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akred
06-03 02:05 PM
The question that was asked was - is Statistics a STEM discipline. That cannot be answered from that page even though it looks so. For e.g if I choose the Mathematics Major, it only lists the occupation that requires a Math Major and not the disciplines under Math. For e.g. one one of the occupation is Natural Sciences Managers which is an occupation and not exactly a discipline.
sta�tis�tics (stə-tĭs'tĭks)
n.
(used with a sing. verb) The mathematics of the collection, organization, and interpretation of numerical data, especially the analysis of population characteristics by inference from sampling.
(used with a pl. verb) Numerical data.http://www.answers.com/statistics&r=67
I would be astounded if statistics is not considered a STEM major. The only way to know for sure beyond this forum is to check with a lawyer.
sta�tis�tics (stə-tĭs'tĭks)
n.
(used with a sing. verb) The mathematics of the collection, organization, and interpretation of numerical data, especially the analysis of population characteristics by inference from sampling.
(used with a pl. verb) Numerical data.http://www.answers.com/statistics&r=67
I would be astounded if statistics is not considered a STEM major. The only way to know for sure beyond this forum is to check with a lawyer.
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deepakjain
11-16 06:36 PM
Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
sac-r-ten
03-22 10:34 AM
Sorry for any confusion. Here are the details :
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.
Good luck.
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
sorry for your situation. its happening to others too. a friend (h1) and his wife(h4) went for stamping just last month in Mumbai consulate. They denied visa-stamping on the new employee-employer relationship clause. they are not fighting it with USCIS/Consulate. Its pretty ugly, USCIS approves the H1/H4 here and when people turn up for stamping they deny it. I am guessing as far as your husband is in US and in status his petition won't be revoked but if he goes for stamping outside US, then petition might get denied. Please ask your husband to talk to lawyers here in US.
Good luck.
funny
01-29 06:30 PM
Sam thing happened with my wife, USCIS denied her I131 saying they have already approved the 485 so no need for I131. My lawyer thinks that this was a mistake from USCIS and we applied for her I131 again.
Hope this helps.
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
Hope this helps.
I'm from Bangladesh and my PD is May 2006....EB3
I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.
Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you�re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........
I�m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved��
Some help here will be highly appreciated��.thanks in advance
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