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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ssksubash
02-16 06:19 PM
HI,
I am in my 7th yr extension of H1B, last time I got the stamping in Ottawa in 2005. I cam e into US on F1 and never got H1B stamping in India. Am I eligible for H1B stamping in Canada for my 8th year or should I go to India to get the stamping done.
Any information is greatly appreciated.
Thanks,
I am in my 7th yr extension of H1B, last time I got the stamping in Ottawa in 2005. I cam e into US on F1 and never got H1B stamping in India. Am I eligible for H1B stamping in Canada for my 8th year or should I go to India to get the stamping done.
Any information is greatly appreciated.
Thanks,
chirukatti
05-02 06:12 PM
I hear that any transfer of a visa to a different one, in your case from L1 to H1 need to go back to your home country for stamping. Please consult an immigration laywer for more details.
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buddyinsd
10-26 02:18 AM
Funny answer to a funny question ha ha :D
I hope you know how to search for info in Google. Just search it and do your basic research and then you can come back and ask question.
Then the answers here would make a lot more sense.
I hope you know how to search for info in Google. Just search it and do your basic research and then you can come back and ask question.
Then the answers here would make a lot more sense.
more...
jimytomy
07-18 10:57 PM
Hello Friends,
I think many Indians might have faced this issue.We can spell same Indian name in several ways in English.
I have one friend who is ready to file I -485.
He found following issues with Birth certificate. Does USCIS rejects or REF I-485 for following reason ?
1) His mother�s name spelled differently in his Birth Certificate. (One letter is missing)
2) His wife's Birth Affidavit has different spelling for Father�s name. (One letter is different)
3) Is first name enought in Birth Certificate or it needs full name ?
Keep on good work of helping each other.
jimytomy
I think many Indians might have faced this issue.We can spell same Indian name in several ways in English.
I have one friend who is ready to file I -485.
He found following issues with Birth certificate. Does USCIS rejects or REF I-485 for following reason ?
1) His mother�s name spelled differently in his Birth Certificate. (One letter is missing)
2) His wife's Birth Affidavit has different spelling for Father�s name. (One letter is different)
3) Is first name enought in Birth Certificate or it needs full name ?
Keep on good work of helping each other.
jimytomy
anjans
07-09 02:44 PM
Of course you can start PERM in your 6th year. Make sure you do it soon and file for I-140 promptly so that once that is approved you can get 3 yr H1 approval
more...
puddonhead
06-15 05:16 PM
First, your friends father needs to find an employer who is willing to sponsor him for H1B and later for GC. Usually, all legitimate employers will have a host of immigration lawyers and counselors who will take care of things from that time onwards.
That said - now may not be the best time to try and find a job in US. Finding a H1B job (i.e. one that cant be filled locally) - is even more of a challange. I wish him best of luck.
If the person has relatives in US (is your "friend" a US citizen?) - then he may be able to "quickly" (1/2 years for immidiate relative, much more for others) immigrate using the family based immigration.
That said - now may not be the best time to try and find a job in US. Finding a H1B job (i.e. one that cant be filled locally) - is even more of a challange. I wish him best of luck.
If the person has relatives in US (is your "friend" a US citizen?) - then he may be able to "quickly" (1/2 years for immidiate relative, much more for others) immigrate using the family based immigration.
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abhicyber
12-12 08:51 PM
As per my lawyer (one of the best) returning based on AP does not invalidates your H1B status. Your wife can get H4 stamping based on your current H1B approval, although some consulate might create issue as you don’t have stamping in your passport (this is rare case). Again all this coming from best lawyer not me.
Once she has H4 she can enter on H4 and you can enter on AP.
HTH
-AB
Once she has H4 she can enter on H4 and you can enter on AP.
HTH
-AB
more...
Pagal
05-28 07:49 AM
Hello,
Not that I know ... the worst case scenario is that your green cards are physically mailed to you and then they are returned 'cause nobody was at the home (though normally, it should just sit with your other mail).
When you reenter US, stand in the regular visitor line.... if your card is issued, the IO will know and stamp your passport w temporary green card and allow you in the US.
Not that I know ... the worst case scenario is that your green cards are physically mailed to you and then they are returned 'cause nobody was at the home (though normally, it should just sit with your other mail).
When you reenter US, stand in the regular visitor line.... if your card is issued, the IO will know and stamp your passport w temporary green card and allow you in the US.
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InTheMoment
08-04 09:28 PM
Please search the forum, this has been extensively discussed very recently.
more...
arrarrgee
07-18 09:18 AM
Can somebody file 140/485 if labor is approved today July 18th based on the new directive? How about future Labor approvals, say August 5th? Could somebody plz throw some light on this?
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hibworker
12-17 02:18 PM
You do not need new visas. At port of entry show the new approval notice to get I-94 for the duration of the new approval notice.
My husband is in H1B visa and he transfered his visa to another company. Got the I-797 approvals too. Along with that mine and my kids H4 also got approved.
Now I am urgently required to travel to India, and want to return from India without going for stamping. Here are other details.
1) Even my previous H4 visa is not expired while I return from India.
2) I have the new H4 approval notices and copy of husbands new H1s I797 with me.
Will it be an issue if I reenter without stamping. Our plan is to go for Visa stamping to any nearby consulate in US border after I come back. Please advise.
My husband is in H1B visa and he transfered his visa to another company. Got the I-797 approvals too. Along with that mine and my kids H4 also got approved.
Now I am urgently required to travel to India, and want to return from India without going for stamping. Here are other details.
1) Even my previous H4 visa is not expired while I return from India.
2) I have the new H4 approval notices and copy of husbands new H1s I797 with me.
Will it be an issue if I reenter without stamping. Our plan is to go for Visa stamping to any nearby consulate in US border after I come back. Please advise.
more...
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sForever
09-22 04:21 PM
One simple question to which I get different answers from different attorneys. I currently have US MS + 5 years of experience & working as Project Manager.. When I filed for EB-3 (in 2008) I had MS + 2.5 years of Experience and the role was Software Engineer
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
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lazycis
11-30 10:11 AM
Mail it in, if it's rejected you do not lose anything. According to the law (8 USC 1255) the USCIS should accept it.
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sounakc
05-31 06:32 AM
please help
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manojs1234
08-11 09:35 PM
Hello,
I am going to Chennai for my visa stamping and the consulate website says that I need to present the " complete I-129 petition submitted by your prospective employer including the Labor Condition Application " during the interview. Can any one tell me if the photocopy of those documents will do or do I really need to carry the originals (which I don't have)?
Thanks
Manoj
I am going to Chennai for my visa stamping and the consulate website says that I need to present the " complete I-129 petition submitted by your prospective employer including the Labor Condition Application " during the interview. Can any one tell me if the photocopy of those documents will do or do I really need to carry the originals (which I don't have)?
Thanks
Manoj
more...
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chinna888
10-30 12:24 PM
Same thing happen in our case, transfers TSC to local office(FL) for speed processing then after 16 months we got interviews letter from local office to attend the interview.
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Prashanthi
08-13 12:47 PM
All,
My 4 years and 2 months on H1B will finish in this November and we are in the process of applying for an extension. I have my 140 approved and waiting for my priority date to become current.
Can I apply for 3 years extension based on my 140 approval? or do I have to apply for 2 yrs extension to finish my 6 yrs first and then eligible to apply for 3 more years (if my priority date is still not current by then?). My HR is under the second impression (2 yrs and then 3 yrs).
Also, please can you specify the USCIS rule under which it is applicable?
Thanks,
M.
You can apply directly for a 3 year extension based on your I-140 approval.
My 4 years and 2 months on H1B will finish in this November and we are in the process of applying for an extension. I have my 140 approved and waiting for my priority date to become current.
Can I apply for 3 years extension based on my 140 approval? or do I have to apply for 2 yrs extension to finish my 6 yrs first and then eligible to apply for 3 more years (if my priority date is still not current by then?). My HR is under the second impression (2 yrs and then 3 yrs).
Also, please can you specify the USCIS rule under which it is applicable?
Thanks,
M.
You can apply directly for a 3 year extension based on your I-140 approval.
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denver
07-25 11:42 AM
Friend of mine, asked me the below question, any one can Help?
I got my H1-B visa stamped in the month of Feb 2007 from US consulate in chennai. I have not yet travelled on that visa, so I am wondering whether the same visa is still valid, as someone told me that if you don't travel on a visa for 6 months after stamping, it gets expired.
TIA,
I got my H1-B visa stamped in the month of Feb 2007 from US consulate in chennai. I have not yet travelled on that visa, so I am wondering whether the same visa is still valid, as someone told me that if you don't travel on a visa for 6 months after stamping, it gets expired.
TIA,
hydubadi
04-30 03:56 PM
Hello Gurus,
My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.
I filed my I 485 in June 2007 and got EAD and AP
1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.
And what is 'H1 pending for 240 days rule'.
Your answer is very much appriciated.
Hydubadi.:confused:
My 6 years H1B visa term is expiring on Apr 30th 2008. My company filed 3 years of extension on approved I140 basis, which is still pending as of Apr 30th 2008. And my I 94 is dated till Apr 30th 2008.
I filed my I 485 in June 2007 and got EAD and AP
1) What will be my status after Apr 30 2008. Will I still be on H1 status, if not what will be my status.
And what is 'H1 pending for 240 days rule'.
Your answer is very much appriciated.
Hydubadi.:confused:
kanshul
05-19 07:54 AM
I am in the same situation.. send docs to Dallas lockbox.
Applied for EAD renewal and documents reached on May7th.. checks not cased yet. I think the whole lockbox is creating the delays but one they get to your application it is relatively quick.
Do let me know when your checks are cased.
Applied for EAD renewal and documents reached on May7th.. checks not cased yet. I think the whole lockbox is creating the delays but one they get to your application it is relatively quick.
Do let me know when your checks are cased.
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