texcan
10-19 01:48 AM
Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?
Thanks.
GG_007
i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...
I beleive it should be ok, as long as POE immigration does not ask for pay stubs.
gurus, any input please.
Thanks.
GG_007
i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...
I beleive it should be ok, as long as POE immigration does not ask for pay stubs.
gurus, any input please.
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ajp5
02-25 12:56 AM
Sorry to hear about your situation. Many people are in a similar boat. Even though it may not mean much now, only tough times like these give us an opportunity for introspection & give us a chance to improve our lives. So hang on. all the best. answers below.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.
Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice
Thanks a lot for your time. I appreciate your help in this regard.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.
Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice
Thanks a lot for your time. I appreciate your help in this regard.
seekerofpeace
09-04 02:03 PM
Guys,
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
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vikki76
04-13 05:24 PM
Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.
more...
map_boiler
04-28 11:22 AM
...that the new job is similar or related to the pending I-485 application.
Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.
Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.
Good luck!
Also, I was reading on the murthy forum that you would need to file your intent of invoking AC21 with USCIS. If you don't file your intent with USCIS, they may deny the I-485 application if your current employer revoked the approved I-140. As per rules, If you file your intent for invoking AC21 with USCIS, your current employer will NOT be able to revoke the I-140.
Even with letting USCIS know, they're known to have issued denials by mistake or in some cases, NOID's (Notice of Intent to Deny) after the employer filed to revoke the I-140. Proceed cautiously and consult your immigration attorney before you do anything.
Good luck!
arc
11-12 01:08 AM
I have a future employment never worked for them and was going to do a AC21 cause I received RFE asking my intent, the RFE mentioned that I can either do AC21 with current company or stay with the future employment company... :confused: I stayed with the future employment company and I thank my stars cause the current company I worked for went under...:eek:
My attorney told me one can do AC21 and so did the RFE... although I have read on forums that its better to work with the company who applied your GC for atleast 6 mos, I ahve also read that one can be asked at the time of Citizenship about why they changed their Intent - Hope this helps!
Anyway to the Person who was asking about the extension of 6th year H1 - 6th year H1 extension is based on Labor does not matter if 140 is approved or applied...FYI
My attorney told me one can do AC21 and so did the RFE... although I have read on forums that its better to work with the company who applied your GC for atleast 6 mos, I ahve also read that one can be asked at the time of Citizenship about why they changed their Intent - Hope this helps!
Anyway to the Person who was asking about the extension of 6th year H1 - 6th year H1 extension is based on Labor does not matter if 140 is approved or applied...FYI
more...
scubadude
May 23rd, 2005, 08:00 PM
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funny
09-16 12:22 PM
It happened to me as well, Last year my denied my Wife AP the Reson was that her 485 is approved, we send them the letter that its not the case and it was a mistake.....In the end we had to re- apply. I wonder if they can Print it on the same day in case of an emergency, why can't they give you the one which is already approved....weired people ...weired USCIS...
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logiclife
06-20 01:58 PM
UPON MORE INFO, I HAVE FOUND OUT THAT YOU NEED EMPLOYER'S LETTER AS INITIAL EVIDENCE, SORRY FOR THE MISUNDERSTANDING.
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pappusheth
04-21 06:44 PM
I filed my H1 extension in late February and got it approved in mid March. This was not premium processing.
It was the extension beyond 6th year. Extension got approved for 3 years since 140 is thru. My current H1 expires in August and the extension will go into effect from then. I've been with the same company for last 6 years and had no issues.
hope this helps..
It was the extension beyond 6th year. Extension got approved for 3 years since 140 is thru. My current H1 expires in August and the extension will go into effect from then. I've been with the same company for last 6 years and had no issues.
hope this helps..
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pwright
09-20 12:51 PM
Hi all,
I have been stuck in the name-check nightmare for almost 2 years now and looking to join a class-action with other people. Can anybody direct me??
Thanks
I have been stuck in the name-check nightmare for almost 2 years now and looking to join a class-action with other people. Can anybody direct me??
Thanks
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raysaikat
07-29 08:32 PM
Hi there, First of all thanks for all active participants you are doing a great service.
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn�t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
They need reentry permit. This page may be helpful:
http://www.hooyou.com/i-485/MaintainlegalPRS.html
One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.
1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
2. Now both are still in India and its been approximately 1 year 10 months ( didn�t fine any extensions or anything like that).
3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.
Your responses would be much appreciated. Once again thanks for all your help.
They need reentry permit. This page may be helpful:
http://www.hooyou.com/i-485/MaintainlegalPRS.html
more...
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sdrblr
02-04 08:52 AM
My experience says dont worry unless someone else comes back and say they had issues with different A#s on 140 and 485. I had applied for EAD and AP on the A# of 485 and was approved. Finally my GC has the A# on 485.
Eventually it is your call.
What does your attorney say?
Eventually it is your call.
What does your attorney say?
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thomachan72
11-06 05:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
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05-22 08:28 PM
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stemcell
07-14 01:43 PM
Paskal/Pappu
Please update us if only the conrad 30 J1 waiver is being extended or if the conrad 30 improvement act is being suggested here?
Please update us if only the conrad 30 J1 waiver is being extended or if the conrad 30 improvement act is being suggested here?
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letstalklc
10-13 05:31 PM
What is the URL for checking the PERM case status?
You need login credintials in order to check the perm status. I am not sure if any option available in the New system...
You need login credintials in order to check the perm status. I am not sure if any option available in the New system...
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sledge_hammer
09-26 10:15 AM
How inconsiderate of you; you just hijacked someone elses's thread and to top it all you are spamming it trying to get an answer. Your question is also totally unrelated to this thread topic!
Why don't you search the forum for answers and if none is available then post a new thread...
Can the experts please reply to my question? Thanks,
Why don't you search the forum for answers and if none is available then post a new thread...
Can the experts please reply to my question? Thanks,
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viper673
06-16 08:05 PM
The 180 days AC-21 rule only applies if your I-140 has been approved.
If you only have a receipt notice, then you don't have the option to invoke the AC-21.
Lay low...
If you only have a receipt notice, then you don't have the option to invoke the AC-21.
Lay low...
Aah_GC
06-25 06:21 PM
You are good to go. For your own satisfaction browse through some of the knowledge bank in this website and answers for similar queries.
guitarzen
09-13 01:01 PM
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The thing is...it doesn't design the web page. It is only a visual representation or layout program to help the client get ideas for what they might like. Once they get that...it still needs to be designed and the information added.
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