Sincerely_aj
03-20 10:43 AM
My Case as of March 2010:
EB3 (India) applied with company A. PD: June 2004.
Labor approved, I-140 approved.
No EAD. Labor was not approved when EB3 dates became current
First issue of H1B March 2003
Currently have a 3 year H1B extension (beyond 6 years) due to run out in Nov 2011.
My Questions:
1. I am still working with Company A. Can I move to Company B, i.e. will I be able to transfer my H1B, which is now in its 8th year? If yes, will the transfer be valid till Nov 2011?
2. If I can move to Company B, do I have to file for a new GC right away? If not, by when?
3. Can this new GC be EB2 with the hope of porting the PD from my EB3 case from Company A? If yes, what is the criteria for such a port?
4. Anything else I should keep in mind if I can and do decide to switch to Company B?
All your help is greatly appreciated!! I have been sitting and just waiting for my EB3 to get current, which does not seem like a possibility now. Hoping that I can use an EB2 case.
Thanks a lot for your time to take a look at my case.
Regards
Sincerely_aj
EB3 (India) applied with company A. PD: June 2004.
Labor approved, I-140 approved.
No EAD. Labor was not approved when EB3 dates became current
First issue of H1B March 2003
Currently have a 3 year H1B extension (beyond 6 years) due to run out in Nov 2011.
My Questions:
1. I am still working with Company A. Can I move to Company B, i.e. will I be able to transfer my H1B, which is now in its 8th year? If yes, will the transfer be valid till Nov 2011?
2. If I can move to Company B, do I have to file for a new GC right away? If not, by when?
3. Can this new GC be EB2 with the hope of porting the PD from my EB3 case from Company A? If yes, what is the criteria for such a port?
4. Anything else I should keep in mind if I can and do decide to switch to Company B?
All your help is greatly appreciated!! I have been sitting and just waiting for my EB3 to get current, which does not seem like a possibility now. Hoping that I can use an EB2 case.
Thanks a lot for your time to take a look at my case.
Regards
Sincerely_aj
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gcmaker
03-26 10:05 PM
I don't think that would work. Here are a couple of articles that seem to suggest that you cannot create your company on H-1B (http://www.laborimmigration.com/2008/01/starting-own-company-on-h-1b-visa/) and also that you cannot volunteer to do a job which would otherwise by a paying job (http://www.laborimmigration.com/2008/02/unpaid-volunteer-work-on-h-1b-h-4-or-f-1-visas/)
Hope that helps.
As a H1B holder, can I start a new company and volunteer for it while I am holding a full-time job for the company that sponsors me the visa? I am expecting the new company to gain a profit, of course.:)
Hope that helps.
As a H1B holder, can I start a new company and volunteer for it while I am holding a full-time job for the company that sponsors me the visa? I am expecting the new company to gain a profit, of course.:)
baldev.thakur
12-12 08:45 PM
Hi Wish you all a V V HAPPY XMAS !!!
One of my friends gave me this suggestion - go find some voice over IV. Till Now I was least bothered but because the new anti- H1 B laws are being proposed ( Sen Grassy et all ) , I have to look at this angle. Because without GC , with those new laws in effect, it might be imposs to work here..
Ok , I filed under E B 2 category way back in Ending of 05 and my Labor and 140 got approved.Filed AOS in 2008 ending and since then on the GC wait List.
There are some questions I have which makes me think - is it worth the wait ? IF NOT then lets look at other possibilities including starting some business in Bangalore or going to Canada. I dont know- PL Help me out here friends.
When my employer filed for labor the the promised amt of some $90K in immigrant labor applocation. I could not make that much but I was around $72K Then I had to leave him and go work in UK for the same client ( since that was a UK based company ) and my employer got paid hiring fees. He was not aversive .
So for entire 2007 my income was 0 becos I was in UK working for this MNC and paying UK taxes.
1) Then in 2008 the same client called me back to US but it took some 2 months before they could finally begin my work there and only then my pay started .
So 2008 - I was only close to some $60K PA ( annualized but I was not there entire 2008 . I came back from UK to US around mid 08).
Then on there had been no problem 08 and 09 all gone well.
2 )I read the GC terms and it said - bcos GC is prospective thing, it has nothing to do with your current salary. But in realistic terms - is there chance of problem here ? looking at this ..?
3) If I am in Bangalore after Feb 10, permanently would that be problem in case the lines moves up and I am not in USA ? Will they think that because you are not in US ...and are not working for same employer , cant give GC ..?
Which one can be hurdle in final step 1 , 2 or 3 ? Or God only know
ok bye
Baldevsingh
One of my friends gave me this suggestion - go find some voice over IV. Till Now I was least bothered but because the new anti- H1 B laws are being proposed ( Sen Grassy et all ) , I have to look at this angle. Because without GC , with those new laws in effect, it might be imposs to work here..
Ok , I filed under E B 2 category way back in Ending of 05 and my Labor and 140 got approved.Filed AOS in 2008 ending and since then on the GC wait List.
There are some questions I have which makes me think - is it worth the wait ? IF NOT then lets look at other possibilities including starting some business in Bangalore or going to Canada. I dont know- PL Help me out here friends.
When my employer filed for labor the the promised amt of some $90K in immigrant labor applocation. I could not make that much but I was around $72K Then I had to leave him and go work in UK for the same client ( since that was a UK based company ) and my employer got paid hiring fees. He was not aversive .
So for entire 2007 my income was 0 becos I was in UK working for this MNC and paying UK taxes.
1) Then in 2008 the same client called me back to US but it took some 2 months before they could finally begin my work there and only then my pay started .
So 2008 - I was only close to some $60K PA ( annualized but I was not there entire 2008 . I came back from UK to US around mid 08).
Then on there had been no problem 08 and 09 all gone well.
2 )I read the GC terms and it said - bcos GC is prospective thing, it has nothing to do with your current salary. But in realistic terms - is there chance of problem here ? looking at this ..?
3) If I am in Bangalore after Feb 10, permanently would that be problem in case the lines moves up and I am not in USA ? Will they think that because you are not in US ...and are not working for same employer , cant give GC ..?
Which one can be hurdle in final step 1 , 2 or 3 ? Or God only know
ok bye
Baldevsingh
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justice4all
08-31 03:33 PM
Hi,
I am planning to file EB2 and port my EB3-I140 PD. My current position is System Analyst with EB3 job requirement. I can get a promotion but that doesnt qualify for EB2 job requirement. So I am planning to move to a different position, Research Associate which qualifies for EB2(it requires masters degree) with the same employer. Can I file EB2 with this position and port my EB3-I140 PD? Advice pls.
thanks
I am planning to file EB2 and port my EB3-I140 PD. My current position is System Analyst with EB3 job requirement. I can get a promotion but that doesnt qualify for EB2 job requirement. So I am planning to move to a different position, Research Associate which qualifies for EB2(it requires masters degree) with the same employer. Can I file EB2 with this position and port my EB3-I140 PD? Advice pls.
thanks
more...
ursosweet
12-10 08:48 AM
:confused:
Hello everone.
My 140 was approved in september (EB2; IN) and i belong to july 2 VB fiasco.
i was just checking my case status online and i noticed that my LUD for 140 (which has been approved) was changed to december 2007.
what does that mean?? i hope its not an RFE or rejection after approval just like some other people on the forum.
Can anyone please help me out.
Thanks
Hello everone.
My 140 was approved in september (EB2; IN) and i belong to july 2 VB fiasco.
i was just checking my case status online and i noticed that my LUD for 140 (which has been approved) was changed to december 2007.
what does that mean?? i hope its not an RFE or rejection after approval just like some other people on the forum.
Can anyone please help me out.
Thanks
Gravitation
07-10 09:20 PM
Oct 2002 EB3
It's a no-brainer.
It's a no-brainer.
more...
freddyCR
January 3rd, 2005, 07:10 PM
Perhaps you were right, but I found more interesting to crop the top than the bottom. What do you think?
http://www.dphoto.us/forumphotos/data/500/2555dusk_crop_top_Large_-thumb.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/14745/sort/2/cat/500/page/1)
Shortcut
http://www.dphoto.us/forumphotos/data/500/2555dusk_crop_top_Large_-thumb.jpg (http://www.dphoto.us/forumphotos/showphoto.php/photo/14745/sort/2/cat/500/page/1)
Shortcut
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jonty_11
07-28 03:48 PM
it is simple...have patience and wait for the card..OR the letter !
more...
eastindia
05-07 03:00 PM
What about using premium processing to renew H1B? It takes only 15 days.
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tcsonly
07-24 11:22 AM
There is already another thread on priority date transfers started almost an year ago, and that should provide answers to your questions.
Admins:
Please close this thread.
-C.
Admins:
Please close this thread.
-C.
more...
B3NKobe
08-25 08:13 AM
Im from Australia - Victoria - Melbourne
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fcres
07-20 12:22 PM
Hi All,
I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
Did any one come across the same situation....
what does it mean
The PDs are missing in our RNs also. I guess thats the std.
I received I485 receipts from my lawyer, they are missing my priority date which is in sept 2002. Not sure why they are missing..
Did any one come across the same situation....
what does it mean
The PDs are missing in our RNs also. I guess thats the std.
more...
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krishnam70
07-11 11:02 PM
If you have a job, getting a work permit will take only 4 hrs inside the consulate. No line. Give the passport and come back within 4 hrs to collect it.
No labor certification for computer(s/w for sure, dunno about h/w side for sure) professionals or petition. Need to show offer letter from the company and letter from company to the consulate.
1. Post on canadian job sites with local canadian address
2. get an interview call, canadian employers do not do interviews over phone like in the US. They ask for personal appearances.
3. If you land the job get an offer letter
4. Take the offer letter to the CCanadian embassy and get a work visa.
5. Once you enter Canada apply for Permanent residency.
cheers
No labor certification for computer(s/w for sure, dunno about h/w side for sure) professionals or petition. Need to show offer letter from the company and letter from company to the consulate.
1. Post on canadian job sites with local canadian address
2. get an interview call, canadian employers do not do interviews over phone like in the US. They ask for personal appearances.
3. If you land the job get an offer letter
4. Take the offer letter to the CCanadian embassy and get a work visa.
5. Once you enter Canada apply for Permanent residency.
cheers
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chanduv23
09-16 01:34 AM
If people are dreaming about jobs on EAD - they are in for s rude shock - they will realise what is in store for them
more...
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GCard_Dream
05-01 06:34 PM
It was hacked earlier. Looks like it is fixed now.
seems to work just fine for me ??
seems to work just fine for me ??
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gjoe
10-28 08:03 AM
http://immigrationvoice.org/forum/showthread.php?t=14937
Thanks
Thanks
more...
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patiently_waiting
10-09 05:41 PM
thanks
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krishna_brc
02-02 05:01 PM
Hi
Here is my situation and looking for any previous experience and suggestion from experts.
I have my EAD valid for 2 years PD 05 EB2. I got a job from another company but vendor says I need to be in his payroll. Job wise everything is good. I want to join him on EAD.
Here are my concerns
1. Should file for AC21 or just keep quite till CIS sends a letter ?
2. If I ensure my new job and old job responsibilities are same, am I safe ?
Do you see any problems or advise me for anything.
Thanks
tempgc
As long as New Job and Old Job are SAME/SIMILAR and assuming your I-40 is approved & 180 days passed, you should be perfectly fine.
IF
your previous employer is going to revoke I-140
THEN
its better to file AC21
ELSE
just keep quite till CIS sends a letter
END IF
Thanks,
Krishna
Here is my situation and looking for any previous experience and suggestion from experts.
I have my EAD valid for 2 years PD 05 EB2. I got a job from another company but vendor says I need to be in his payroll. Job wise everything is good. I want to join him on EAD.
Here are my concerns
1. Should file for AC21 or just keep quite till CIS sends a letter ?
2. If I ensure my new job and old job responsibilities are same, am I safe ?
Do you see any problems or advise me for anything.
Thanks
tempgc
As long as New Job and Old Job are SAME/SIMILAR and assuming your I-40 is approved & 180 days passed, you should be perfectly fine.
IF
your previous employer is going to revoke I-140
THEN
its better to file AC21
ELSE
just keep quite till CIS sends a letter
END IF
Thanks,
Krishna
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starving_dog
08-30 11:54 AM
Yer gonna' need gooder English skills to make it in the USA my friend.
Desibabu
07-23 07:19 PM
I am currently on H4 and it expires in a couple of months. I have my H1 approved for 2008 quota. My husband's H1 expires on sept 2007. we are applying for I-485 next month. Do i need to apply I-765 and I-131 because as per the instructions from my attorney it says the following:
-I-765 or EAD card. If you have valid H-1B valid more than one year and will not change job, you do not need EAD.
-i-131 or Advance Parole. If you have valid H-1 or H-4 visa stamping valid more than one year of if you are Canadian citizen, you do not need AP
Please clarify me whether I-765 and I-131 is required for our case.
-I-765 or EAD card. If you have valid H-1B valid more than one year and will not change job, you do not need EAD.
-i-131 or Advance Parole. If you have valid H-1 or H-4 visa stamping valid more than one year of if you are Canadian citizen, you do not need AP
Please clarify me whether I-765 and I-131 is required for our case.
InMess
03-21 03:48 PM
Hi Guys,
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
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