desi3933
02-09 12:00 PM
I am changing my job on H1B. I have I-140 approved with present company. What documents do I need to have to keep my old priority date? I have copy of I-140 approval notice. Do I need to have copy of labor certification as well?
copy of I-140 approval notice
_________________
Not a legal advice.
copy of I-140 approval notice
_________________
Not a legal advice.
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vkotval
04-03 01:34 PM
I think you should be fine. Apart from this scenario on the other extreme you could start working for the new company with just the receipt number as well. You dont need to wait for the approval to start working for the new company.
Hello All,
I am planning to start working for a new company starting June. I was wondering If I can start H1B visa transfer to the new company via premium processing(hopefully will get approved in 2-3 weeks) and continue to work for the current employer and get paid till the end of May, even the though the transfer would have been approved in the end of April.
Thanks in advance.
- Googlegc
Hello All,
I am planning to start working for a new company starting June. I was wondering If I can start H1B visa transfer to the new company via premium processing(hopefully will get approved in 2-3 weeks) and continue to work for the current employer and get paid till the end of May, even the though the transfer would have been approved in the end of April.
Thanks in advance.
- Googlegc
ramyacurious
12-10 08:57 PM
No. He got the new I797 recently and does'nt have VISA.
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fromnaija
12-12 09:09 PM
I am not an attorney but seeing as noone has answered your question here is my answer.
Extension of H1 based on I-140 is part of AC21 and is intended for applicants who are in the USA in a valid H1 status. Since your H1 would have expired and you would be out of the USA, you cannot avail yourself of that provision. So, you will have to stay out for one year and then apply for a new H1.
An attorney may answer now and correct me if I am wrong.
Extension of H1 based on I-140 is part of AC21 and is intended for applicants who are in the USA in a valid H1 status. Since your H1 would have expired and you would be out of the USA, you cannot avail yourself of that provision. So, you will have to stay out for one year and then apply for a new H1.
An attorney may answer now and correct me if I am wrong.
more...
WaitingYaar
06-14 11:59 AM
There are lot of discussions about this issue, and there seem to be mixed opinions so far. it may not be a bad idea to check with your lawyer, and post your findings to the group. AFAIK, it is possible to file multiple I-485 but interim benefits should be tied to only one.
vicks_don
05-19 03:12 PM
You should just provide a valid reason for your case for the senator to help. All senators have direct lines to immigration offices. They can expedite your case and the results are astonishing.
My cousin left to india for an emergency and his AP was pending. Contacted senator and got it approved immediately in a day.
I also heard that one person got his 140 approved in a week. Not sure what reason he provided.
But senators are certainly helpful unlike Indian politicians.
My cousin left to india for an emergency and his AP was pending. Contacted senator and got it approved immediately in a day.
I also heard that one person got his 140 approved in a week. Not sure what reason he provided.
But senators are certainly helpful unlike Indian politicians.
more...
gsc999
04-09 03:08 PM
In the last few days there is little news/action about STRIVE act. When this act was proposed all of us got excited and promised to each other to do everything to make it a success. Some of us did make phone calls to lawmakers (as per IV directions) but after that everything seems cooled down. Why are we losing our focus now?
Yes the new Senate bill S.1035 (tightening H1B program) might have put some doubts in our minds; but can we continue our efforts on STRIVE and deal with S.1035 thru amendments when it comes to discussion. Discussion about S.1035 on our forum is fine and in fact we might have to do that to figure out how bad/good it is our specific issues. But in the meantime we have to continue our efforts on STRIVE act too.
---
nk:
Call your lawmaker drive ended on 6th April. Today is 9th April.
The next step was to schedule a meeting with our lawmakers. Many people are doing that. Did you try doing that?
In addition, today President Bush renewed call for immigration reform. Things will happen before the Summer break.
Yes the new Senate bill S.1035 (tightening H1B program) might have put some doubts in our minds; but can we continue our efforts on STRIVE and deal with S.1035 thru amendments when it comes to discussion. Discussion about S.1035 on our forum is fine and in fact we might have to do that to figure out how bad/good it is our specific issues. But in the meantime we have to continue our efforts on STRIVE act too.
---
nk:
Call your lawmaker drive ended on 6th April. Today is 9th April.
The next step was to schedule a meeting with our lawmakers. Many people are doing that. Did you try doing that?
In addition, today President Bush renewed call for immigration reform. Things will happen before the Summer break.
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logiclife
07-03 06:52 PM
You will get a 3 year H1 with new company if you have an approved labor and approved I 140 with any company. Any company really means any company. If you have worked or not, have an H1 or not, etc. etc - nothing matters.
To get a 3 year H1, you need an approved labor and 140 from SOME employer, whether its your past employer, your current employer or a future employer.
To get a 3 year H1, you need an approved labor and 140 from SOME employer, whether its your past employer, your current employer or a future employer.
more...
zram1977
09-25 01:07 PM
Can an AILA member post contents of this doc.
# 9/24/2009 DOS Provides Background on Visa Allocation Process
As all employment-based visas have been allocated for FY2009, Charles Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provides an explanation on how the Department of State allocates visas through its Immigrant Visa Allocation Management System (IVAMS). AILA Doc. No. 09240920.
AILA - Restricted Access Page (http://www.aila.org/content/default.aspx?docid=30136)
Something related to IVAMS
http://www.state.gov/documents/organization/109134.pdf
# 9/24/2009 DOS Provides Background on Visa Allocation Process
As all employment-based visas have been allocated for FY2009, Charles Oppenheim, Chief, Immigrant Control and Reporting Division Visa Services Office, provides an explanation on how the Department of State allocates visas through its Immigrant Visa Allocation Management System (IVAMS). AILA Doc. No. 09240920.
AILA - Restricted Access Page (http://www.aila.org/content/default.aspx?docid=30136)
Something related to IVAMS
http://www.state.gov/documents/organization/109134.pdf
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upuaut8
04-20 07:26 PM
you can download a full version of swift 3d v2.0 at
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so theres no need to purchase
(If you attempt to post this link again on this board, your ezboard account will be submitted to management for cancelation. You are in violation of your signed contract with ezboard for attempting to post this information. Please reread the rules of conduct for ezboard usage. You will not be warned again.)
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so theres no need to purchase
(If you attempt to post this link again on this board, your ezboard account will be submitted to management for cancelation. You are in violation of your signed contract with ezboard for attempting to post this information. Please reread the rules of conduct for ezboard usage. You will not be warned again.)
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fromnaija
09-30 07:29 PM
Is there any form we have to submit, just write a letter with explination.
No, there is no form to fill out. Just write a letter with all the pertinent information (Alien #, etc) to identify your case. Include a copy of the approved I-140 with the letter.
No, there is no form to fill out. Just write a letter with all the pertinent information (Alien #, etc) to identify your case. Include a copy of the approved I-140 with the letter.
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aat0995
07-03 05:48 PM
I have it with WAC and then it got transferred to TSC. The actual message online doesn't even say that it is at TSC
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Blog Feeds
06-02 10:40 AM
VIA Department of State (http://www.state.gov/r/pa/prs/ps/2011/05/164025.htm)
Media NoteOffice of the Spokesman
Washington, DC
May 20, 2011
[Also available in Persian (http://iipdigital.usembassy.gov/st/persian/texttrans/2011/05/20110520163510x0.3954693.html)]
As of May 20, 2011, qualified Iranian applicants for visas in the F, J, and M categories for non-sensitive, non-technical fields of study and research and their dependents will be eligible to receive two-year, multiple-entry visas. This is an increase in the current visa validity of three months, single entry.
This change will allow Iranian students and exchange visitors to travel more easily, furthering our goal of promoting the free flow of information and ideas. This important decision is being taken as the global community witnesses the Iranian Government�s increasing censorship and isolation of its own people.
Iranians currently in the United States on a three-month, single-entry visa in one of these categories must reapply outside the United States at a consular post in order to obtain two-year, multiple-entry visas. Keep in mind that the validity of a visa refers to the time period the visa holder has to enter the U.S. It has no bearing on the length of stay permitted by U.S. Customs and Border Protection officials at the port of entry. Iranian students and exchange visitors in good standing in the United States do not need to apply for a new visa until after they depart the United States.
PRN: 2011/807
More... (http://ashwinsharma.com/2011/06/01/changes-to-visa-validity-for-iranian-student-applicants-in-f-j-and-m-visa-categories.aspx?ref=rss)
Media NoteOffice of the Spokesman
Washington, DC
May 20, 2011
[Also available in Persian (http://iipdigital.usembassy.gov/st/persian/texttrans/2011/05/20110520163510x0.3954693.html)]
As of May 20, 2011, qualified Iranian applicants for visas in the F, J, and M categories for non-sensitive, non-technical fields of study and research and their dependents will be eligible to receive two-year, multiple-entry visas. This is an increase in the current visa validity of three months, single entry.
This change will allow Iranian students and exchange visitors to travel more easily, furthering our goal of promoting the free flow of information and ideas. This important decision is being taken as the global community witnesses the Iranian Government�s increasing censorship and isolation of its own people.
Iranians currently in the United States on a three-month, single-entry visa in one of these categories must reapply outside the United States at a consular post in order to obtain two-year, multiple-entry visas. Keep in mind that the validity of a visa refers to the time period the visa holder has to enter the U.S. It has no bearing on the length of stay permitted by U.S. Customs and Border Protection officials at the port of entry. Iranian students and exchange visitors in good standing in the United States do not need to apply for a new visa until after they depart the United States.
PRN: 2011/807
More... (http://ashwinsharma.com/2011/06/01/changes-to-visa-validity-for-iranian-student-applicants-in-f-j-and-m-visa-categories.aspx?ref=rss)
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drirshad
09-12 06:30 PM
US Consulate in Belgrade posted dates for Oct 06
http://belgrade.usembassy.gov/consular/iv.html
This is specific to Belgrade, dunno about India/China
Says:
EB1/EB2: Current
EB3: 01MAY02
Edit/Delete Message
http://belgrade.usembassy.gov/consular/iv.html
This is specific to Belgrade, dunno about India/China
Says:
EB1/EB2: Current
EB3: 01MAY02
Edit/Delete Message
more...
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jest_1
03-07 08:29 AM
Amitga,
Iam in a similar situation as Ihitha. Iam planning to go to Chennai in June for stamping. Which answer do you think would be a convincing one for that question asked by the VO ?
Also after changing from L1 to H1, i had my H1 transferred between 3 companies (i changed jobs within a span of 1 month), and the current employer iam working for, iam working for about 1 year and 3 months. When i go for stamping, would they be asking for paystubs from those two companies, or does it matter only with the latest company iam working for ?
It wouldd be great if someone can help me with some suggestions.
Iam in a similar situation as Ihitha. Iam planning to go to Chennai in June for stamping. Which answer do you think would be a convincing one for that question asked by the VO ?
Also after changing from L1 to H1, i had my H1 transferred between 3 companies (i changed jobs within a span of 1 month), and the current employer iam working for, iam working for about 1 year and 3 months. When i go for stamping, would they be asking for paystubs from those two companies, or does it matter only with the latest company iam working for ?
It wouldd be great if someone can help me with some suggestions.
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gcmaya
10-10 12:17 PM
NOT YET, but OCT bulletin is archived. so NOV may come out soon.
Does anyone know when is the November 2006 visa bulletin gonna be out?
Does anyone know when is the November 2006 visa bulletin gonna be out?
more...
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Blog Feeds
08-09 09:50 AM
The local San Diego USCIS office suggests that certain remedies may be available for military families facing the problem of ineligibility to adjust status because of unlawful entry by a family member seeking adjustment of status. Most often the situation occurs when a United States citizen service member�s spouse entered without inspection and thus cannot adjust status. Current way to fix the status is via Ciudad Juarez waiver process (I-601 waiver application (http://www.visalawyerblog.com/2008/07/san_diego_immigration_attorney_4.html)).
One potential remedy is �Parole in Place,� where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA � 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:
1. Form I-131 (but it does not need to be paid for when applying)
2. Evidence of impending deployment
3. Proof of relationship of alien to the United States citizen service member
4. Evidence of hardship to the service member and how the situation affects the service member�s �readiness� to perform his or her mission in defense of the United States.
USCIS also has a program where I-601's will be adjudicated at the United States Consulate in Ciudad Juarez at the time of an immigrant visa interview for the relatives of service members. Mr. Pierre also has the authority to grant Deferred Action. (Regarding issues of admission for adjustment of status purposes, read Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010).) (http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=gdjd&searchTerm=hZjH.ddSa.ZCaW.QabN&searchFlag=y&l1loc=FCLOW)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_attorney_29.html)
One potential remedy is �Parole in Place,� where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA � 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:
1. Form I-131 (but it does not need to be paid for when applying)
2. Evidence of impending deployment
3. Proof of relationship of alien to the United States citizen service member
4. Evidence of hardship to the service member and how the situation affects the service member�s �readiness� to perform his or her mission in defense of the United States.
USCIS also has a program where I-601's will be adjudicated at the United States Consulate in Ciudad Juarez at the time of an immigrant visa interview for the relatives of service members. Mr. Pierre also has the authority to grant Deferred Action. (Regarding issues of admission for adjustment of status purposes, read Sum v. Holder, 602 F.3d 1092 (9th Cir. 2010).) (http://www.lexisone.com/lx1/caselaw/freecaselaw?action=OCLGetCaseDetail&format=FULL&sourceID=gdjd&searchTerm=hZjH.ddSa.ZCaW.QabN&searchFlag=y&l1loc=FCLOW)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_attorney_29.html)
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needhelp!
01-14 12:45 PM
No you are not required to file a separate petition for your husband. When your sister files the I-130, she needs to put your husband's name on the same form.
When you file DS-230, Each family member that is eligible to travel to the United States with you under this visa classification is required to complete the DS-230 Part I. So separate DS-230 are required for you and your husband.
1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:
A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older;
D. Your married son or daughter of any age;
E. Your brother(s) or sister(s) (you must be age 21 or older);
F. Your mother or father (you must be age 21 or older).
If your relative qualifies under paragraph 1(C), 1(D), or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.
When you file DS-230, Each family member that is eligible to travel to the United States with you under this visa classification is required to complete the DS-230 Part I. So separate DS-230 are required for you and your husband.
1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:
A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older;
D. Your married son or daughter of any age;
E. Your brother(s) or sister(s) (you must be age 21 or older);
F. Your mother or father (you must be age 21 or older).
If your relative qualifies under paragraph 1(C), 1(D), or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.
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npk445
09-15 07:58 PM
i'm above 21yrs old and on f1 status ..my question is
My sister is citizen here and can file family based GC (to get it would take 10yrs miin)
1)for me to maintain legal status i have to move into h1 status later on..will the Family GC process affect in any way to get h1 later on?
2)Do i have a chance to file GC later on under EB2,or are 2 GC applications not accepted(just curious)
Please post your thoughts attorneys
Thanks!!
My sister is citizen here and can file family based GC (to get it would take 10yrs miin)
1)for me to maintain legal status i have to move into h1 status later on..will the Family GC process affect in any way to get h1 later on?
2)Do i have a chance to file GC later on under EB2,or are 2 GC applications not accepted(just curious)
Please post your thoughts attorneys
Thanks!!
Alfio
06-29 02:34 AM
Thank you , that is perfect!
EBX-Man
06-01 10:08 AM
When someone says it is ok, it sure is a relief but just for clarification, what is the asnwer to be given by someone is the same situation at the POE when asked whether he is working for the GC filing company or not
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