nk2006
12-11 03:31 PM
4) Once you get 3 year H1B extension i.e. after Jan08, there are legal ways to tranfer H1B to a new company for the remaining duration but this MUST be discussed throughly with an imigration lawyer as it can be risky and very case dependent.
Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.
This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.
Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.
Let me know if my understanding is not right above.
Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.
This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.
Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.
Let me know if my understanding is not right above.
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imh1b
10-26 08:44 AM
USCIS - USCIS Issues Two Precedent Appeals Decisions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f8925403f0bcb210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS Issues Two Precedent Appeals Decisions
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.
"The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.
An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.
The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."
For more information on USCIS and its programs, visit USCIS Home Page (http://www.uscis.gov).
USCIS Issues Two Precedent Appeals Decisions
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.
"The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.
An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.
The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."
For more information on USCIS and its programs, visit USCIS Home Page (http://www.uscis.gov).
dilbert_cal
06-24 09:19 PM
Hello All,
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Credit Rating will have NO impact on your AOS.
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Credit Rating will have NO impact on your AOS.
2011 I saw this deal in Amazon,
gsc999
04-18 07:05 PM
http://www.myvisajobs.com/
---
Did you try it Before recommending?
Says, "Search results unavailable" for most queries.
---
Did you try it Before recommending?
Says, "Search results unavailable" for most queries.
more...
ita
10-23 05:04 PM
From this link it's sure Obama is going to get CIR taken care of.All those undocumented workers ,who he is so sweetly saying should get into the the end of the line after paying fine ,now will they effect our long queues in anyway?(like the amnesty people did to EB3 in 2000)
He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .
Would be nice to read others opinions on this.
Thank you.
He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .
Would be nice to read others opinions on this.
Thank you.
chanduv23
11-14 10:19 AM
Your 485 has to be reapplied and priority dates come into picture. You can change jobs but have to use H1b based on approved 140. You have to start the GC process all over again but you can retain the priority date because your 140 is already approved.
Talk to a lawyer - to get a better understanding
Talk to a lawyer - to get a better understanding
more...
hibworker
06-21 05:03 PM
I agree the right way for Company B was to apply for concurrent H1-B that will allow you to work part time for Company B while working full time with Company A.
Please verify that this is indeed the case with Company B's petition.
Please verify that this is indeed the case with Company B's petition.
2010 The cover of Lady Gaga#39;s album
fasterthanlight�
06-14 10:25 PM
Well then at least center it!
more...
JazzByTheBay
09-11 10:39 PM
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
hair Lady Gaga#39;s Born This Way
capriol
06-20 01:43 PM
Hi,
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
Hi Venu,
I can say with certainity that transit visa is not required for return through Amsterdam on AP. This year 2010, was my second travel through Amsterdam with AP and the port officials really respected the document and treated me very well.
I am on Adv-Parole (with EAD) and planning to visit India in July 2010.
I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?
Will appreciate the response.
Thanks,
Venu.
Hi Venu,
I can say with certainity that transit visa is not required for return through Amsterdam on AP. This year 2010, was my second travel through Amsterdam with AP and the port officials really respected the document and treated me very well.
more...
QuintonBermuda
05-06 02:05 PM
Hello,
I am currently working on an H1 visa. I would like to go to school to pursue a Master's degree. Is it possible for me to qualify for in-state-tuition. I live in Georgia. Thanks in advance!!
I am currently working on an H1 visa. I would like to go to school to pursue a Master's degree. Is it possible for me to qualify for in-state-tuition. I live in Georgia. Thanks in advance!!
hot GAGA. Sales of the album,
thakurrajiv
11-03 02:24 PM
Dont you need the FP notice to even enter that building, the guard or the cop standing will not even let you in, if you dont have the FP call for notice.
I never heard of walk-ins :)
gcdreamer is right, you need FP notice. But if your question is if you miss your appointment date and then whether you can walk in another day, then answer is yes. I went to FP 2 weeks ago. A lady next to me, had FP notice dated 3 weeks earlier.The office let her get FP done.I personally did not do this.
I never heard of walk-ins :)
gcdreamer is right, you need FP notice. But if your question is if you miss your appointment date and then whether you can walk in another day, then answer is yes. I went to FP 2 weeks ago. A lady next to me, had FP notice dated 3 weeks earlier.The office let her get FP done.I personally did not do this.
more...
house Lady+gaga+orn+this+way+
![lady gaga born this way special edition amazon. Born This Way (Special Edition) [+Digital Booklet] - Lady Gaga](http://site.unbeatablesale.com/img145/rempub583.gif "Born This Way (Special Edition) [+Digital Booklet] - Lady Gaga")
belmontboy
12-29 09:25 PM
I would be going for my H1B renewal stamping, would appreciate if someone responds to this question.
tattoo 2 CD Special Edition
![lady gaga born this way special edition amazon. Born This Way (Special Edition) [+Digital Booklet] - Lady Gaga](http://site.unbeatablesale.com/img145/rempub627.gif "Born This Way (Special Edition) [+Digital Booklet] - Lady Gaga")
leonqiu
03-06 01:39 PM
sorry, i forget to add, i am on i-485 waiting list, and have passed 180 days
more...
pictures Wayquot; (the special edition,
Prashanthi
08-19 12:55 PM
Hello
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
As long as you are working full time with your GC employer and in addition to this you are doing a part time job on 1099 , it will not effect your GC processing in any way.
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
As long as you are working full time with your GC employer and in addition to this you are doing a part time job on 1099 , it will not effect your GC processing in any way.
dresses Lady Gaga has stormed the
mr_aryan
10-19 02:31 PM
Thanks all you for the time in sharing the info.
Usually Airlines ground staff provide the wheel chair assistance(some r good & some not).
I was concerned about them getting out during stopover in London & Immmigration /Customs, Baggaige claim & taking TRAIN in ATL airport .
Usually Airlines ground staff provide the wheel chair assistance(some r good & some not).
I was concerned about them getting out during stopover in London & Immmigration /Customs, Baggaige claim & taking TRAIN in ATL airport .
more...
makeup Deal Finder: orn this way
dollyGC
08-11 06:33 PM
Hi All:
Would appreciate if you could answer to my questions below
1) If I work for a company A ,Can I get my Green card processed by Company B by future employer option
2) If so when do I have to leave company A or is there any way I can continue with Company A and get my GC processed through company B.
Thanks,
Dollygc
Would appreciate if you could answer to my questions below
1) If I work for a company A ,Can I get my Green card processed by Company B by future employer option
2) If so when do I have to leave company A or is there any way I can continue with Company A and get my GC processed through company B.
Thanks,
Dollygc
girlfriend Born This Way (Special Edition) [+Digital Booklet] - Lady Gaga
sparklinks
09-16 02:53 PM
My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help
We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(
We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(
hairstyles Lady Gaga#39;s brand new album
boston_gc
01-26 06:30 PM
I am in the same situation. I am on my 8th year of H1 and this is for the first time I am have heard so much hoopla that has made me real nervous. My lawyer has advised me against taking any risk. I already have the tickets but I am planning to postpone, apply for EAD and only then go to India.
Please note that this is only me and I might have a comletely different risk tolerance than you might have.
I am planning to visit India during May 2011. I am working in multinational company as civil engineer (on H1-B). I have PhD from US uni. I am reading a lot about visa stamping probs these days. Please help me taking decision whether to take chance (& visit India) or not. will appreciate any advises especially from ppl with such recent experience. Thanks.
Please note that this is only me and I might have a comletely different risk tolerance than you might have.
I am planning to visit India during May 2011. I am working in multinational company as civil engineer (on H1-B). I have PhD from US uni. I am reading a lot about visa stamping probs these days. Please help me taking decision whether to take chance (& visit India) or not. will appreciate any advises especially from ppl with such recent experience. Thanks.
martinvisalaw
02-01 01:51 PM
If your H-1B status started on 10/1/05, then your 6th year is 9/30/11, as you suggest. By 9/2011 your LC will, have been pending for 365 days so you can get a 7th year extension. Maybe the attorney thinks that August 2010 is the end of your 6th year. You should confirm the dates with her/him.
You cannot request a H-1B extension more than 6 months before the start date. For example, if you want the new H-1B to start on 8/15/10, your employer cannot file before 2/16/10.
You cannot request a H-1B extension more than 6 months before the start date. For example, if you want the new H-1B to start on 8/15/10, your employer cannot file before 2/16/10.
varshadas
01-16 09:01 AM
I will join as well.
Thanks,
Varsha
Thanks,
Varsha
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