zCool
04-23 12:31 PM
This has been discussed before!
Moving to EAD is irreversible. You can't come back to H1b without applying for new H1.
The way USCIS knows that is you will show paycheck without valid H1.
This has been discussed before in many threads in details.. do the search.
I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
Moving to EAD is irreversible. You can't come back to H1b without applying for new H1.
The way USCIS knows that is you will show paycheck without valid H1.
This has been discussed before in many threads in details.. do the search.
I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
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sanjay02
02-13 01:40 AM
Try the FOIA Freedom of Information
kevnss
04-01 12:36 PM
Any help would be greately appreciated.
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visausa
08-09 08:48 PM
Hello,
I would like to know is it safe for person on H1b working at client place, to sponsor USA visitor visa for parents.
Recently I heard it's difficult to renter a person with H1b visas into USA.
Kindly guide me.
Regards,
:)
I would like to know is it safe for person on H1b working at client place, to sponsor USA visitor visa for parents.
Recently I heard it's difficult to renter a person with H1b visas into USA.
Kindly guide me.
Regards,
:)
more...
billu
05-27 12:52 PM
because i was getting conflicting opinions, i consulted an immigration attorney from a big law firm. here is what he says:
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
immidude
06-08 05:07 PM
I dont know that until i got RFE (and the attachment of RFE has details)
more...
snathan
09-15 09:11 PM
I have both EB3 and EB2 labor approved and EB2 I-140 approved for the same job requirement in the same company. Here're some details:
labor PD : 03/2005 (EB3)
labor PD : 12/2006 (EB2),
I-140 approved (EB2)
I-485 Applied : 07/2007 with approved EB2 I-140
Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.
Thanks a lot!
You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.
labor PD : 03/2005 (EB3)
labor PD : 12/2006 (EB2),
I-140 approved (EB2)
I-485 Applied : 07/2007 with approved EB2 I-140
Is it possible to use my EB3�s PD for my EB2 application? If so, what�s the procedure.
Thanks a lot!
You can get your EB3 PD. Your lawer needs to write to the USCIS to port your PD. Attorney here would give you more details and wait for them to respond.
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Cheran
07-01 10:44 AM
My labor and 140 are approved under EB3 with priority date May 2003. Since Green Card is for future employment can I port my date to EB2 with another company and
a. Not tell my current employer and continue with my job
b. Not work for my future employer
a. Not tell my current employer and continue with my job
b. Not work for my future employer
more...
nc14
08-13 02:57 PM
I am from Cincinnati Ohio and would like to be a part of the effort.
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goldkey266
03-28 09:49 PM
Friends,
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
I just got my PERM approved and I am debating about next steps of my eb-3.
it looks now that with the current retrogression the process will take 5 years. the company I am working for is not very stable and probably will be sold in the next 24 months.
I can look for another company that will sponsor me, but even if I will find one I need to start all over again and that will throw me at least 1 year back (not to mention the money I already spent so far, which was a lot)
What do you think
more...
Blog Feeds
11-14 04:21 AM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
“If we are truly going to fix a broken system, Congress will have to act”
The following is a statement from Lynn Tramonte, Deputy Director of America’s Voice:
We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform. Drawing on her years of experience on the southwest border, and her new role as the nation’s top homeland security official, she said that we need Congress to pass comprehensive immigration reform, and create immigration laws that truly work for our country.
Reform will secure the border, protect all workers, and require undocumented immigrants to register for legal status, pay fines and taxes, clear background checks, and get in line for citizenship. This will benefit all Americans by strengthening the rule of law, bringing in more taxpayers, cutting costs for enforcement, and making our nation’s borders stronger and safer. Now is the time for Congress to take the next step and pass legislation that would accomplish these goals.
As Secretary Napolitano pointed out, the American people support comprehensive immigration reform, and the debate we are about to engage in is not the same old debate. Law enforcement, labor, business, faith, and community leaders are all demanding comprehensive reform for our nation’s security, economy, workers, and families. We have a new President, who was elected because he promised to address important problems like this with practical solutions. We have a new Congress, with leaders who also promised change and progress to the American people.
The Secretary’s speech today was an important moment, but it was just the opening bell. It’s now time for Congress and the Administration to put serious muscle behind advancing the proposal – and it’s time for politicians of all political parties to set aside partisanship and demagoguery, and do what’s right for the country.
More... (http://dfwimmigrationlaw.clarislaw.com/proposed-immigration-laws/secretary-napolitano-makes-the-case-for-comprehensive-immigration-reform.php)
“If we are truly going to fix a broken system, Congress will have to act”
The following is a statement from Lynn Tramonte, Deputy Director of America’s Voice:
We have entered a new chapter and a new phase in the immigration debate. Secretary Napolitano today laid out the framework for fixing the broken immigration system, and the solution is comprehensive immigration reform. Drawing on her years of experience on the southwest border, and her new role as the nation’s top homeland security official, she said that we need Congress to pass comprehensive immigration reform, and create immigration laws that truly work for our country.
Reform will secure the border, protect all workers, and require undocumented immigrants to register for legal status, pay fines and taxes, clear background checks, and get in line for citizenship. This will benefit all Americans by strengthening the rule of law, bringing in more taxpayers, cutting costs for enforcement, and making our nation’s borders stronger and safer. Now is the time for Congress to take the next step and pass legislation that would accomplish these goals.
As Secretary Napolitano pointed out, the American people support comprehensive immigration reform, and the debate we are about to engage in is not the same old debate. Law enforcement, labor, business, faith, and community leaders are all demanding comprehensive reform for our nation’s security, economy, workers, and families. We have a new President, who was elected because he promised to address important problems like this with practical solutions. We have a new Congress, with leaders who also promised change and progress to the American people.
The Secretary’s speech today was an important moment, but it was just the opening bell. It’s now time for Congress and the Administration to put serious muscle behind advancing the proposal – and it’s time for politicians of all political parties to set aside partisanship and demagoguery, and do what’s right for the country.
More... (http://dfwimmigrationlaw.clarislaw.com/proposed-immigration-laws/secretary-napolitano-makes-the-case-for-comprehensive-immigration-reform.php)
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rayoflight
02-02 04:50 PM
You are welcome. One more thing if its only B1 he cannot come in as B2 (Tourist Visa). Hope this helps. Cheers, Rayoflight
more...
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fcres
01-10 02:33 PM
When i saw the smiley next to the subject, i thought it came out and there is significant movement :(
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lc1978
08-17 08:23 PM
Hello Gurus,
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
Pl guide me and let me know my options for the below scenario...
1. Me: Applied under EB2 (India) and have I-140 approved in September 2006.
Status as of now : Applied as dependent (secondary) on my spouse 485 and have EAD and AP since July 2007.
2. My spouse : Primary applicant - EB3 (India), December 2003.
As the dates are NOT moving forward for EB3 (India), I want to port our GC application dates from my spouse priority ( EB3- India - December 2003) to mine (EB2 - India - September 2006)
My question is, Can I change my status from dependent (secondary ) on my spouse 485 to me being primary applicant by invoking my approved I-140 (EB2 - India - September 2006), If YES what would be the process.
Thanks in advance
more...
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neglur
10-02 10:19 PM
My 485 application was recieved by R.Cook@NSC too and no receipts or checks cashed yet. My application was delivered on July 18'th. My I-140 was approved on May 11'th 2007 by TSC.
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singhsa3
08-08 01:03 PM
What good is the processing if it does not result in Green Card Production..
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
more...
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uma001
04-22 10:08 AM
1 . Where is the donor forum? I could not find it
Donor Forum is visible only to the donors in the forum page.
2. I am a donor (two times). But I do not have access to it.
Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.
So IV do not provide the important news to the members who are not donors. That is unfair. Even though I have not filed my green card I have donated some amount in the past.
Donor Forum is visible only to the donors in the forum page.
2. I am a donor (two times). But I do not have access to it.
Donor forum access is provided to verified current donors only. Past donors cannot subscribe to this forum - it does not work like yearly/lifetime membership. To have continuous access to the donor forum, you will have to be a recurring donor.
However, if you have donated recently and cannot access donor forum, please contact me and I will be glad to help. Thanks.
So IV do not provide the important news to the members who are not donors. That is unfair. Even though I have not filed my green card I have donated some amount in the past.
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rpeter
09-26 03:59 PM
Does anybody know what the fees are for filing EAD (yearly) extensions if you filed for EAD, 485 before August 17.
Thanks,
Thanks,
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WAIT_FOR_EVER_GC
12-05 03:51 PM
Sure...
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
Green card is for future employment. When the company files your labor it mentions and shows that it can support the wages for that position.
Example
If the wages mentioned in the labor is 80K and you are getting paid 70K then the IO might want to see if the company is making 10K in profit so that they can pay you 80K.
So if your current employer is making a profit => your prevailing wage then
you are good.
This is what my lawyer told me...you talk to yours
coolpal
04-17 07:16 PM
If IV is critical about the spelling... "immivoice" handle is still available...
I think if IV has regular updates, twitter makes so much sense for such a cause..
damn someone named islevista or something like that took IV and is actively using the handle :(
pal :)
I think if IV has regular updates, twitter makes so much sense for such a cause..
damn someone named islevista or something like that took IV and is actively using the handle :(
pal :)
IV2007
12-07 10:52 AM
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
