kannan2010
11-12 07:15 PM
I am working as a biomedical research fellow on a J1 visa for the last 3 years in a non-profit research institute but they cannot sponsor my H1B. I am planning to get a J1 waiver and apply for H1B as I plan to work in the private industry. I am not sure whether I can apply for H1B without an employment offer? I would appreciate any suggestions.
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reddy_h
01-28 08:11 PM
I think you can apply for reinstatement from within U.S. Check with the International Students Office at your school.
bbhargava
10-16 08:10 PM
Here's the situation
EAD valid till sept. 2009,
797 valid till Dec. 2010
MBA program finishes end 2011
Has anyone been in the same situation where applying for a private student loan has been denied since the 797/EAD expires before the course is complete.
Working full time right now. What are the options?
EAD valid till sept. 2009,
797 valid till Dec. 2010
MBA program finishes end 2011
Has anyone been in the same situation where applying for a private student loan has been denied since the 797/EAD expires before the course is complete.
Working full time right now. What are the options?
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gcseeker2002
04-13 08:56 PM
Is it enough to get 3 year extension with courtesy copy of I140 approval ? I am asking this because my company has just given the courtesy copy.
Also I understand that the old Eb3 PD can be used to get extension(how can employer revoke approved labor certification ??)
Also I understand that the old Eb3 PD can be used to get extension(how can employer revoke approved labor certification ??)
more...
snathan
02-19 04:57 PM
I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
1. What is the point in applying EB2 again for the same labor when you are not eligible. It will be denied sooner or later. Either you should have applied in EB3 I-140 or should have started a new labor process. You just wasted your time.
2. No you can not apply for new I-140 with new employer when the labor belongs to different employer
guyfromsg
07-26 08:31 PM
hey guys,
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
According to USCIS FAQ 14, 485 can be filed without medical examination report. You will get a RFE instead of rejection
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
According to USCIS FAQ 14, 485 can be filed without medical examination report. You will get a RFE instead of rejection
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
more...
loku
08-16 08:04 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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agiridhar
04-17 12:24 AM
Looks like from the posts from the main page that its a love-hate relationship between these job-shops. And the problem is analogous to chicken & egg problem, one can never understand who is insane and one cannot survive without the other.
Also may be this cannot be generalized but must be dealt on case by case basis. As every individual and entity and their circumstantial situation is different.
Also may be this cannot be generalized but must be dealt on case by case basis. As every individual and entity and their circumstantial situation is different.
more...
reddy2cool
09-12 12:58 PM
bump..guys plz do reply
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acecupid
06-12 04:30 PM
Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India
The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.
My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)
Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)
Didnt you ask your desi company how they will help in GC process if you join full time ?
more...
Myvisa
09-24 12:53 PM
Is this a good time to Initiate GC process.
------------------------------
I was employed with company A and right now with B, My H1 is Valid till Sep-2010 and can apply for Renewal. My employer is ready to process GC for me.
I am also interested to start the process, my main worry is whether I am eligible to change the employer meantime, or I have to stick to current employer only for few more years which is indefinite.
-- Experts please advice me which is the best option : change the employer and start the GC.. ?
-- or Start GC with current employer and can transfer H1 at the later stage.? if yes at what stage.
-- In current market conditions is it safe to transfer H1
--- Thanks
Raj
------------------------------
I was employed with company A and right now with B, My H1 is Valid till Sep-2010 and can apply for Renewal. My employer is ready to process GC for me.
I am also interested to start the process, my main worry is whether I am eligible to change the employer meantime, or I have to stick to current employer only for few more years which is indefinite.
-- Experts please advice me which is the best option : change the employer and start the GC.. ?
-- or Start GC with current employer and can transfer H1 at the later stage.? if yes at what stage.
-- In current market conditions is it safe to transfer H1
--- Thanks
Raj
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hope4gc
04-07 11:07 PM
Thank you Desi3933
I feel better that i know the facts and Plan accordingly.
I feel better that i know the facts and Plan accordingly.
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Ann Ruben
03-29 07:42 AM
First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.
At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.
At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.
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akgind
09-25 12:30 PM
For more info, go to Murhty link below, and scroll to the appropriate question.
http://www.murthy.com/chatdb.asp?sFor=interfile&Category=All&B1=Search
http://www.murthy.com/chatdb.asp?sFor=interfile&Category=All&B1=Search
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nixstor
09-18 08:34 PM
She can file her own extension using form I-539. You can use your receipt number in her application. I am planning to do the same. It doesnt make sense to pay the lawyer a grand for that. If your H1 is approved, her H4 will be approved. There is no way I can think of having your H1 approved and her H4 being denied unless she has any violations or out of status etc.
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HV000
03-06 04:20 PM
As far as I know, since you are past 180 days of 485 filing, you are ok. You can stay in the country based on your pending 485 application. You can take whatever time it takes for you to get a job in your same/similar job classification. However, if your 485 is close to approval, then you need to hurry to find the job, since a job offer is required at the time of adjudication of 485. This will depend on your country of chargeability and PD. If you are from India/china/philippines/mexico with a later PD, you should be ok as long as you find a job in the same or similar classification.
Others can correct me if I am wrong.
What impact does this have on H1B holders who are ALSO AOS applicants? How much GAP can they have while on H1B?
Others can correct me if I am wrong.
What impact does this have on H1B holders who are ALSO AOS applicants? How much GAP can they have while on H1B?
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Ann Ruben
05-28 03:00 PM
It would be converted to F-3.
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camphor
12-07 09:38 PM
My wife and I are scheduled to go for fingerprinting this month. We have a year old son and obviously we are planning to take him with us as well. Do I need to take any form of ID / birth certificate of my son (obviously he is not to be fingerprinted) but not sure what the rules are with respect to carrying infants for the interview. Anyone who has fingerprinted in a similar situation?
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WaitingUnlimited
10-12 03:34 PM
Anymore thoughts?
Thanks
WA
Thanks
WA
continuedProgress
08-04 02:20 PM
I had applied I485 via my previous employer in 2007 under EB3.
I am planning to upgrade to EB2 by applying new Labor Cert and I140 via my current employer.
Do I need to file a fresh I485 again?
I am planning to upgrade to EB2 by applying new Labor Cert and I140 via my current employer.
Do I need to file a fresh I485 again?
lostinbeta
10-13 12:53 AM
Did you fix it?
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