WaitingUnlimited
08-25 02:50 AM
Hi,
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
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Becks
02-23 09:24 PM
Here are the answers.
Hi Everyone
I am filling out my i-485 and I had a couple of questions.
A) What is the Expires On field in Part 1 referring to (right under the I-94#)?
Is it the actual expiry of my Visa (as printed on the Visa) or the date written on my I-94?
It should be the expity date on I94 form. If the current I94 form is expired / your visa(like H) is renewed you should get I94 attached with it with expiry date.
B) In part 3 it asks which consulate the Visa was issued. I got it at the American embassy in Oslo. I assume this is what they want to know. Could anyone reassure me?
Yes, it is the consulate where you got the visa stamp with which you entered USA.
C) In part 3b I list my wife who is an American. I assume that I should leave her A# blank. Is this correct? I also kinda think I read somewhere that even though it says middle initial (also in 3b) you should actually list the entire middle name? Is there any truth to this?
I think you can leave A# blank for your wife (but plz check with your lawer / others). Also I think you should write your name same as in your passport/other docs.
Thanks a lot. Hope someone can help me.
Hi Everyone
I am filling out my i-485 and I had a couple of questions.
A) What is the Expires On field in Part 1 referring to (right under the I-94#)?
Is it the actual expiry of my Visa (as printed on the Visa) or the date written on my I-94?
It should be the expity date on I94 form. If the current I94 form is expired / your visa(like H) is renewed you should get I94 attached with it with expiry date.
B) In part 3 it asks which consulate the Visa was issued. I got it at the American embassy in Oslo. I assume this is what they want to know. Could anyone reassure me?
Yes, it is the consulate where you got the visa stamp with which you entered USA.
C) In part 3b I list my wife who is an American. I assume that I should leave her A# blank. Is this correct? I also kinda think I read somewhere that even though it says middle initial (also in 3b) you should actually list the entire middle name? Is there any truth to this?
I think you can leave A# blank for your wife (but plz check with your lawer / others). Also I think you should write your name same as in your passport/other docs.
Thanks a lot. Hope someone can help me.
sam2006
09-21 03:03 PM
Guys
i got a LUD on 140( 9/21) after 2 weeks of 485/EAD/AP RN ..
all the RN from SRC...
any one on the same boat
i got a LUD on 140( 9/21) after 2 weeks of 485/EAD/AP RN ..
all the RN from SRC...
any one on the same boat
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rameshvaid
05-25 10:20 PM
Folks from Ohio,
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
Solon, Ohio a suburb of Cleveland and would like to join state chapter. Pls. let me if I need to do something to become a part of State Chapter.
RV
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
Solon, Ohio a suburb of Cleveland and would like to join state chapter. Pls. let me if I need to do something to become a part of State Chapter.
RV
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lazycis
10-19 01:22 PM
I have a similar timeline - applied for LC in February 2002, got approval in December 2003, filed I-140 in February 2004, I-485 in March 2004. Currently filing for my fifth EAD! The USCIS not only tortures the whole family (it's a common practice that name check is pending only for primary applicant) but makes us to pay for the wait! My son was born around the time we filed for adjustment of status, he will go to school soon but we are still not sure whether we will be allowed to stay. We cannot plan ahead and open education funds for our children. My wife cannot go to college, as she is not eligible for in-state tuition discount. Needless to say, I am forced to sacrifice my career as the whole thing is dragging for 5+ years and I have to work at the same position to keep GC process alive. I've got MCSD certificate and outgrew my position long ago. I cannot quit my job and found a new business.
The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.
The USCIS explains the delay by national security interests, but the national security requires the very opposite - speedy processing of the background checks.
ps57002
09-16 11:19 AM
This plea is for people who are still undecided about the rally and have lot of friends in the same situation. If there is a group of friends in the same situation it only takes one brave soul to make a decision and every one will jump in. We all seen this in trivial matters like going for vacation, movies etc..
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
Very true...be the brave one, be the wise one, be the one to think of your future...be the one to take that step and be an example. Others will follow.
I see the problem is in taking the first step and others will jump right in immediately. So if your friends look up for you to make the decision, please be a leader and do it now. You will not only make a difference in their life and their life as well.
Can you take that elusive first step?????. People in and around DC area it's only a day trip. Atlanta/NC/SC folks, not too late. Please PM either me or ramus.
Very true...be the brave one, be the wise one, be the one to think of your future...be the one to take that step and be an example. Others will follow.
more...
485_spouse
06-07 10:22 AM
Hi All,
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
Yesterday we e-filed for my wife's 3rd EAD and 4th AP. This will be our first efile.
As we need to send supporting documents for both applications.
Should we send them in one package or two?
Printed address for both application is same!
Is it because I-131 is being considered as child request of I-765?
Thanks in advance.
485_spouse
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shreekhand
06-24 05:08 PM
It depends on which USCIS district you are applying from... but all in all these days between 3-6 months from applying to taking oath. Times for military personnel might vary.
Your country of birth/current citizenship has no bearing on times (unlike for Green Card)
Go here and check the service center closest for N-400 timelines: https://egov.uscis.gov/cris/processTimesDisplay.do;jsessionid=bac585
Note: These timelines do no include time for taking oath.
Hi folks
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
Your country of birth/current citizenship has no bearing on times (unlike for Green Card)
Go here and check the service center closest for N-400 timelines: https://egov.uscis.gov/cris/processTimesDisplay.do;jsessionid=bac585
Note: These timelines do no include time for taking oath.
Hi folks
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
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kondur_007
07-21 08:48 PM
I do not have personal experience with Fragomen; however I have heard that it is the large immigration law firm in the country.
The only problem (as far as I know) with them is that your PERM WILL be audited (according to DOL memo). This may lead to delays (and god only knows how long...)
Most people on this forum know this fact; I mentioned it as you appear to be the novice player...
Good Luck
The only problem (as far as I know) with them is that your PERM WILL be audited (according to DOL memo). This may lead to delays (and god only knows how long...)
Most people on this forum know this fact; I mentioned it as you appear to be the novice player...
Good Luck
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krishmunn
05-23 04:38 PM
He will be allowed since he is an American Citizen. No special requirement ... just carry his passport
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smartboy75
11-01 05:13 PM
Hey carbon
You have to understand one thing...your AP/EAD are tied to your I-485 application ..which in turn is tied to your H1....If you quit now, you will risk abandoning of your GC...which means you loose AP/EAD....
What I would do in your case is this....You said you filed on July 2..wait for 180 days....invoke AC21....tell your new employer that you want to spend 6 months in Inida...and the come back to US ....this way u don't loose your EAD/AP and also are able to stay in India....OFCOURSE all this is possible if your I-140 is approved....
Hope this helps....All the best
You have to understand one thing...your AP/EAD are tied to your I-485 application ..which in turn is tied to your H1....If you quit now, you will risk abandoning of your GC...which means you loose AP/EAD....
What I would do in your case is this....You said you filed on July 2..wait for 180 days....invoke AC21....tell your new employer that you want to spend 6 months in Inida...and the come back to US ....this way u don't loose your EAD/AP and also are able to stay in India....OFCOURSE all this is possible if your I-140 is approved....
Hope this helps....All the best
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IN2US
02-23 01:03 PM
I'm a july filer and planning on using AC21 to change employers,in this process I'm transfering H1-B,My passport will expire in a month however my
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
I-94 is valid till 2010. My question is do I need to have a new passport in hand before I transfer my H1??
PS: I've already applied for my new passport and expecting it any time.
Thanks in advance
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solaris27
08-03 04:20 PM
its not required , you can update and keep it with you .
provide if they ask any document only.
provide if they ask any document only.
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deba
08-22 12:09 PM
No new PIO card is required unless 15 yrs is up. Get it endorsed with the new passport # on your PIO card from the embassy/consulate.
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GCBALAK
08-10 10:48 AM
My husband is the primary and got his GC in July last year, under EB2. Upon suggestion, from my lawyer, I have made 1 info pass appointment (Oct 07) and raised 4 service tickets till now. All say they are processing.
My priority date is Aug 05. Now that the priority dates have moved. I have put one more service ticket but do not know what will happen. Upon again contacting my lawyer, suggested me to contact Congressman / Senator.
Anyone in the same pool ? Any suggestions ? I am in Pennsylvania state (Chester County).
Thanks.
My priority date is Aug 05. Now that the priority dates have moved. I have put one more service ticket but do not know what will happen. Upon again contacting my lawyer, suggested me to contact Congressman / Senator.
Anyone in the same pool ? Any suggestions ? I am in Pennsylvania state (Chester County).
Thanks.
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desi3933
07-13 07:43 AM
Would going to Canada and re-entering without going for visa stamping count as lawful entry??
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
Or one has to go and get the visa stamped to qualify as lawful entry??
Also when you go to Canada and come back Without VISA stamping, he gets the same I-94 or different I-94??
Thanks.
You can re-enter from Canada with same I-94 and status as long as trip < 30 days.
Yes, it resets out of status clock.
___________________________
Not a legal advice.
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illinois_alum
11-01 02:59 PM
Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
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h1bjava
03-13 05:11 PM
Thank you hpandey for the clarification. If I apply H1B extension in premium processing in apr itself, I will know soon if it will go through or not. My plan is to apply H1B transfer immediately to a new employer in case of H1B extension denial from the current employer, as I will still have valid H1B for few more months till Sep 09.
One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.
One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.
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meridiani.planum
04-07 12:16 PM
How long will it take to get a green card in this category with a PD in 2008?
Will it be better to find another Job and go EB2? My H1b started in Oct 2007.
If you qualify for EB2 then obviously go for EB2 (as its current). If you dont have a masters and have only say 2 years of experience, then instead of wasting 3 years waiting for EB2, start a GC in EB3. Once you get past I-140 the PD becomes yours. Now whenever you jump jobs and file GC again (in EB2 say) you will get the 2008 PD. So even if EB2 retrogresses in the future, you would have saved yourplace in ht equeue.
Will it be better to find another Job and go EB2? My H1b started in Oct 2007.
If you qualify for EB2 then obviously go for EB2 (as its current). If you dont have a masters and have only say 2 years of experience, then instead of wasting 3 years waiting for EB2, start a GC in EB3. Once you get past I-140 the PD becomes yours. Now whenever you jump jobs and file GC again (in EB2 say) you will get the 2008 PD. So even if EB2 retrogresses in the future, you would have saved yourplace in ht equeue.
ho_gaya_kaya_?
11-18 10:45 PM
Do you have the rejection letter along with the returned application or is that with the lawyer?
IMHO- it will better to resend the application that got rejected- rather than sending a fresh application
I was in a similar situation - when my wifes application was lost
my lawyer suggested- an i agreed- that we wait for her app to show up rather than reconstructing a new one
Also the rejection letter will have complete instructions on how to refile
if for some reason you are not getting cooperation from your lawyer- get a new lawyer- If I were you- I wouldn't try to re-file with a lawyer...
IMHO- it will better to resend the application that got rejected- rather than sending a fresh application
I was in a similar situation - when my wifes application was lost
my lawyer suggested- an i agreed- that we wait for her app to show up rather than reconstructing a new one
Also the rejection letter will have complete instructions on how to refile
if for some reason you are not getting cooperation from your lawyer- get a new lawyer- If I were you- I wouldn't try to re-file with a lawyer...
Bharat123
07-26 07:38 PM
My spouse was on H4 then got a job and changed to H1. Subsequently spouse lost her job and is now back on H4. I have been on H1 throughout and my six years of H1B visa expire in 2010. MY spouse I and want to get our H1 and H4 visa stamped in Mumbai consulate.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
Does any one think that the changeover from H4 to H1 and then again to H4 could be a reason to be concerned about for getting the visa stamped at the consulate?
Appreciate your valauable advice.
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