manderson
07-17 10:43 AM
if u want to change emplpyer you can transfer H1 via premium process to another employer in 2 weeks. you only need paystubs to prove that you were employed for the last 4 yrs.
as per GC even if you can get your new employer to file it but can't get paperwork from old employer, u'r desparate and wanna file now: u can try substituting ther labor, 140 and experience letter with following (but please know that it might be rejected by USCIS):
- copies of previous labor and 140 can by usually obtained by filing a Freeedom Of Information Act (FOIA) request through your own (trusted) lawyer. but it will take a couple of months -- in the meantime u could try filing through own lawyer with printouts of approved cases statuses (from USCIS website) along with 797 notices (receipt notice with LIN/ WAC number). hope that USCIS will send an RFE for actual paperwork
- substitute experince letter with 2 affidavits of experience from 2 co-workers and paystubs
Disclaimer: Please know that I am not a lawyer so I might be wrong. Please ask an immigration lawyer for advice.
as per GC even if you can get your new employer to file it but can't get paperwork from old employer, u'r desparate and wanna file now: u can try substituting ther labor, 140 and experience letter with following (but please know that it might be rejected by USCIS):
- copies of previous labor and 140 can by usually obtained by filing a Freeedom Of Information Act (FOIA) request through your own (trusted) lawyer. but it will take a couple of months -- in the meantime u could try filing through own lawyer with printouts of approved cases statuses (from USCIS website) along with 797 notices (receipt notice with LIN/ WAC number). hope that USCIS will send an RFE for actual paperwork
- substitute experince letter with 2 affidavits of experience from 2 co-workers and paystubs
Disclaimer: Please know that I am not a lawyer so I might be wrong. Please ask an immigration lawyer for advice.
wallpaper advance global health.
like_watching_paint_dry
01-13 08:33 PM
Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
gcformeornot
01-22 03:22 PM
Hello,
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
Thanks!
Daniel
can apply for your family based green cards only after she is 21 years old.
2011 family health history chart.
waitin_toolong
11-04 09:36 AM
do a google search on this term you will find more resources
more...
webm
07-09 11:59 AM
Don't worry,the EAD approval rate became faster thesey days..esp TSC/NSC..:)..
On top of that,you should get 2 yr EAD..:)
On top of that,you should get 2 yr EAD..:)
sdeshpan
07-10 04:44 PM
dude its around 4 yrs.. ;-)
Oh right...I actually wanted to write 3 yrs, ended up typing 2 yrs...and it actually is close to 4 yrs (3.10)...wow!
Oh right...I actually wanted to write 3 yrs, ended up typing 2 yrs...and it actually is close to 4 yrs (3.10)...wow!
more...
Desertfox
08-02 12:54 PM
I ship documents quite frequently to India, and FedEx is the best. I tried all of them, but others dont even come close to FedEx USA-to-India services.
2010 at Family Health Centers.
fide_champ
12-20 11:05 PM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.
The safer bet i would say is to go out of country and come back with a new H1.
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.
The safer bet i would say is to go out of country and come back with a new H1.
more...
jay75
08-30 05:09 PM
What is Sub-Labor?
I field my GC thru Very good company.
I am not understanding why its happend
Well..Why don't give more details? folks in this thread asked all details and try to help you.
I field my GC thru Very good company.
I am not understanding why its happend
Well..Why don't give more details? folks in this thread asked all details and try to help you.
hair Flickr: family.health.international#39;s Photostream
roseball
06-22 08:49 PM
I got mine done at Samsclub.....$4.99 for 2 pics and 0.40 cents each for extra prints.
more...
immuser
10-22 03:23 PM
I got receipts on Oct 20 for my application sent on Jul 18 and received by USCIS on 19th. I sent it to NSC and get receipts from TSC.
however, the receipt date is Aug 17th. Can others share their receipt dates? is it close to the date received by USCIS ?
I am afraid this might affect the overall processing time badly.
however, the receipt date is Aug 17th. Can others share their receipt dates? is it close to the date received by USCIS ?
I am afraid this might affect the overall processing time badly.
hot hot the Family Health Centers
svam77
07-18 06:57 PM
My I 140 alone was applied on July12th as we did not know anything about the revision that time.
I did not recieve the receipt notice yet and I called USCIS and they dont have a record of my entry yet.
Mine was a labor substitution with my current company itself. My current company is a multi billion dollar US firm and they go by the rules, so I am not worried about my I 140 approval.
Since my I 140 was applied based on a labor subsitution, and if my I 140 receipt comes in August ( lets say august 10th), would I still be considered in the July bulletin ?
Thanks a lot for the reply,
Sam
I did not recieve the receipt notice yet and I called USCIS and they dont have a record of my entry yet.
Mine was a labor substitution with my current company itself. My current company is a multi billion dollar US firm and they go by the rules, so I am not worried about my I 140 approval.
Since my I 140 was applied based on a labor subsitution, and if my I 140 receipt comes in August ( lets say august 10th), would I still be considered in the July bulletin ?
Thanks a lot for the reply,
Sam
more...
house [Logo with multi-racial
xbohdpukc
03-15 05:17 PM
As per my attorney, the provision of using I-140 date is for an individual. Employer's revocation has no impact.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
As per Adjudicator's Field Manual:
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions.
The key word there is APPROVED. One might argue that since a petition has been revoked, it's no longer approved, therefore the clause cannot be used for a PD recapturing. There might be another argument stating that if an alien has ever had an approved I-140 petition and never used the attached priority date then he/she is still eligible to recapture that PD. This is a huge wiggling space for the adjudicator and I don't think there is a clear explanation from the USCIS.
You can always hope for the best and get ready for the worst.
tattoo Fatherhood logo
glus
09-11 09:13 AM
Just ordered a t-shirt from NY.
more...
pictures health insurance family
GCplease
06-07 02:51 PM
I have contributed $ 50.00 via paypal (Transaction Id - 1V177239G36459907)
As always, appreciate your efforts.
As always, appreciate your efforts.
dresses Flickr: family.health.international#39;s Photostream
smaram1
11-04 05:51 PM
gultie2k....i am happy for you...unnecessary stress for you....good that everything ended up well...
more...
makeup Plik:Amnesty International
texcan
12-19 04:32 PM
My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?
Thanks,
LG.
Come on...you entered using h4, this is the last status INS has for you.
People with mulitple visas have to choose a status when they enter back in USA.
where have you been sleeping.
its ok, no biggie....
One solution i will do in this case is, if you have a h1 visa stampled...then go out of country and come back on h1 status. Make sure you claim the days you were on h4 to be not counted against h1 days.
If you donot have a h1 visa already, then talk to lawyer get all paper work and go to canada/mexico get a visa and come back on right status.
Thanks,
LG.
Come on...you entered using h4, this is the last status INS has for you.
People with mulitple visas have to choose a status when they enter back in USA.
where have you been sleeping.
its ok, no biggie....
One solution i will do in this case is, if you have a h1 visa stampled...then go out of country and come back on h1 status. Make sure you claim the days you were on h4 to be not counted against h1 days.
If you donot have a h1 visa already, then talk to lawyer get all paper work and go to canada/mexico get a visa and come back on right status.
girlfriend WHAT IS THE PERNET FAMILY
doubleyou
05-19 01:30 PM
Hi Did anybody else get response as background check and what is there experience
hairstyles family health history chart.
rogerdepena
07-17 11:45 PM
haven't you heard 'keep your friends close..keep your enemies closer'...blocking the channel might not help...
there is an online petition happening here..
after we have seen what can be achieved, I don't think so it will be really tough to make it clear..
I already signed the petition but it is also important that we stop watching them. Don't visit CNN.com since it's advertising is based --in a way-- on the number of hits. Don't buy time magazine since it is affiliated with CNN. During casual conversation, if the topic is about news, make it a point to tell your friend that you are doubting the integrity of CNN since some of it's shows are anti-immigrant --both legal and illegal. If you are lucky(or unlucky) to be included in a survey about "NEWS NETWORKS", leave a comment and be specific that you don't like CNN because it supports "Lou Dobbs." This small things might not mean a lot but it's a step to the right direction.
there is an online petition happening here..
after we have seen what can be achieved, I don't think so it will be really tough to make it clear..
I already signed the petition but it is also important that we stop watching them. Don't visit CNN.com since it's advertising is based --in a way-- on the number of hits. Don't buy time magazine since it is affiliated with CNN. During casual conversation, if the topic is about news, make it a point to tell your friend that you are doubting the integrity of CNN since some of it's shows are anti-immigrant --both legal and illegal. If you are lucky(or unlucky) to be included in a survey about "NEWS NETWORKS", leave a comment and be specific that you don't like CNN because it supports "Lou Dobbs." This small things might not mean a lot but it's a step to the right direction.
rubaru
12-10 09:45 AM
My wife got approval email yesterday.Mine was approved in October 209.She received fingerprint notice .we gave her finger prints on November 23.I am glad her got approved soon.
Rubaru
Rubaru
eb3_nepa
04-23 11:50 AM
What about EB1s? Were they also Unavailable in the interim July 2- July 17 blackout period?
No comments:
Post a Comment