bitu72
10-03 12:36 PM
would like to know can you transfer H1 based on a copy of H1 and no pay stubs... later on sending a letter from DOL saying they did not give pay stubs timely...
finimits
05-02 11:38 AM
Hello Everyone!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
bkn96
12-02 09:01 PM
very encouraging news.. hope USCIS learned leasson..
centaur
02-23 09:42 AM
There are 2 types of J-1. One is for researchers with no clinical training (practice of medicine), this does not require 2 yrs HRR. The other J-1 is for training in clinical medicien and requires HRR.
Paskal,
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.
A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).
Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?
By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine
I will really appreciate your thoughts.
Thanks.
Paskal,
You mentioned that if one has a J1, the 2 Yr. HRR applies. I am not sure if it is true for all "categories" of J1 visas.
A friend of mine has come on a J1 visa for six months (research scholar), and on her DS2019, the visa officer has noted that the 2Yr. HRR is not applicable. Also, her visa does not say that she is subject to INA 212(e).
Could you please throw some light on the following:
- Inspite of the visa officer's determination, is she still "a marked man"?
- If you are subject to the 2 Yr. HRR, is mentioned on your visa?
By the way, her research:
- Is not funded by any govt. agency
- Has nothing to do with medicine
I will really appreciate your thoughts.
Thanks.
more...
xgoogle
06-25 10:52 AM
Thanks so much for clearing our doubts.
trump_gc
07-06 08:19 AM
I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?
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karun99
07-24 11:03 PM
I am also on the same boat. Can anyone please post the links to get all application forms for filing I485/EAD/AP . Thanks in advance.
Karun
Contributed $100
Karun
Contributed $100
samcam
05-19 11:32 AM
Welcome to our newest guest alex_dong.. 3872 members and counting!!
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sunty
08-27 02:55 PM
2 year EAD here as well..I-140 has been pending for more than a year now..
roseball
07-18 03:21 AM
Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....
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jsb
09-13 12:57 PM
No news yet. No checks cashed. I'm getting really worried now. Anyone else with similar delivery info please post any updates on the status of your application here.
Thanx!
Yes, delivery at 10:25 and received by J BARRET at NSC. I-140 at TSC, so I assume case was transferred to TSC. Nothing heard yet. Called yesterday, was told to wait for another 30 days.
EB2-India
PD May 2004
I-140 June 2006 at TSC
Canadian Citizen for 25 years
Thanx!
Yes, delivery at 10:25 and received by J BARRET at NSC. I-140 at TSC, so I assume case was transferred to TSC. Nothing heard yet. Called yesterday, was told to wait for another 30 days.
EB2-India
PD May 2004
I-140 June 2006 at TSC
Canadian Citizen for 25 years
SAPGURU
01-04 08:43 AM
Dear friends,
I need a urgent advice from you. I have two labor certificate one is EB3 with priority date April 04 and other is EB2 with priority date April 06.My employer has already filed my I140 using eb3 labor, and since my EB2 labor got approved after 9 months my employer is asking me to make a choice .Either EB2 or EB3 . They are saying they can not file two I140 . In order to file new I140 with EB2 labor they need to revoke the EB3 140 . I don't know what choice to make and seek your valuable advice. Please help me as i have only 10 days to make a decision.
I need a urgent advice from you. I have two labor certificate one is EB3 with priority date April 04 and other is EB2 with priority date April 06.My employer has already filed my I140 using eb3 labor, and since my EB2 labor got approved after 9 months my employer is asking me to make a choice .Either EB2 or EB3 . They are saying they can not file two I140 . In order to file new I140 with EB2 labor they need to revoke the EB3 140 . I don't know what choice to make and seek your valuable advice. Please help me as i have only 10 days to make a decision.
more...
leo2606
08-12 09:25 PM
Last week lot of people got LUD as 08/05/2007 and no one got any receipts or checks cashed.
I don't think it means anything at this point.
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
I don't think it means anything at this point.
My case EB3 PD Jan 2004
I40 approved TSC July 2007
485 filed at NSC July 2nd
LUD is 8/12/2007
Does this mean anything ?
reddy_h
03-17 02:11 PM
Hi, continuing the same line of discussion, I have a slightly different question. Assuming the insurance company does not reimburse us for 485 medical exams, then can we atleast seek tax rebate on this expenditure? In other words, are the medical expenses incurred for 485 filing deductible at the time of tax filing?
Only if your total medical expenses for the year cross certain limits. These limits depend on your AGI. Please check IRS.gov website for latest updates.
Only if your total medical expenses for the year cross certain limits. These limits depend on your AGI. Please check IRS.gov website for latest updates.
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eblues
09-05 06:06 PM
What is the reason your university cited for their position that you might be violating J status?
It is not the official position of my university. It is the opinion of the lady at the international office I spoke to, and actually all she did was warn me that flight training is kind of a delicate issue here in the US (and I can honestly see why) and that I should look into the matter carefully before proceeding.
Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status.
You're right, flight schools run all sorts of courses and from my research I know that they can issue the documentation required for M-1 visa (it used to be J-1s as well but that stopped in June 2009, if I remember correctly). I am just interested in sport flight training, which means that (even) if I get a flight license I won't be able to fly for compensation of any sort and I won't be able to perform any sort of aerial work. My flight experience could be regarded as professional training just like driving a car can be regarded useful for learning to drive a truck, though. In my opinion it is a bit far-fetched to affirm that this makes it 'professional training', otherwise most forms of training (even playing baseball with friends on Sunday afternoons) would count as professional. I hope this point makes sense :-)
On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.
Becoming an instructor, flying cargo and passengers for compensation all require more advanced licenses that all come with their courses and additional requirements (the "importance" sequence is -- more or less -- sport pilot -> private pilot -> commercial pilot -> airline transportation pilot). AFAIK flight hours logged as a sports pilot (not during training) can be made to count towards fulfilling the requirements for becoming a private pilot (and he cannot use his license to work as well, btw) but I'm not even trying to do that (and I can show it: if I wanted I'd have required a different kind of TSA clearance and medical certificate, I believe).
In any case thank you very, very much for your opinion. It's quite probably the first substantiated one I get for my case. This forum and its users rock.
Pierluigi
It is not the official position of my university. It is the opinion of the lady at the international office I spoke to, and actually all she did was warn me that flight training is kind of a delicate issue here in the US (and I can honestly see why) and that I should look into the matter carefully before proceeding.
Can the training you are seeking be construed as a professional training (even if you may choose to use it as a hobby)? I sort of recall that flight instruction schools could issue I-20, which would imply that those courses are considered professional courses. If that is the case, then you might indeed be violating your J status.
You're right, flight schools run all sorts of courses and from my research I know that they can issue the documentation required for M-1 visa (it used to be J-1s as well but that stopped in June 2009, if I remember correctly). I am just interested in sport flight training, which means that (even) if I get a flight license I won't be able to fly for compensation of any sort and I won't be able to perform any sort of aerial work. My flight experience could be regarded as professional training just like driving a car can be regarded useful for learning to drive a truck, though. In my opinion it is a bit far-fetched to affirm that this makes it 'professional training', otherwise most forms of training (even playing baseball with friends on Sunday afternoons) would count as professional. I hope this point makes sense :-)
On the other hand, if you can show that the course you will that cannot be used as a professional course, e.g., that course cannot fulfill credit requirements towards becoming an instructor, or a pilot who can fly cargo and/or passengers, then you should be alright.
Becoming an instructor, flying cargo and passengers for compensation all require more advanced licenses that all come with their courses and additional requirements (the "importance" sequence is -- more or less -- sport pilot -> private pilot -> commercial pilot -> airline transportation pilot). AFAIK flight hours logged as a sports pilot (not during training) can be made to count towards fulfilling the requirements for becoming a private pilot (and he cannot use his license to work as well, btw) but I'm not even trying to do that (and I can show it: if I wanted I'd have required a different kind of TSA clearance and medical certificate, I believe).
In any case thank you very, very much for your opinion. It's quite probably the first substantiated one I get for my case. This forum and its users rock.
Pierluigi
GCBy3000
07-17 03:35 PM
Congratulations. You are very very lucky looking at the big UUUUUUUU for EB2 from next month.
more...
setpit_gc
08-13 01:58 PM
My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
It seems like USCIS automatically ported the PD.
My EB3 PD is April 2003 and working for the sponsored company.
I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
As a matter of fact, I completely forgot about this EB2 140 and this company.
All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.
I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.
Please advice.
Berkeleybee
03-22 04:36 PM
We have prepared a new document for public release analyzing this problem.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
You can find it here (http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=70&Itemid=36) and at least for now directly on our home page.
It appears that the community of affected parties does not realize this yet -- please circulate this memo widely -- send it to your own lawyer too.
eb3_nepa
08-02 11:54 AM
I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
Yeah so far only TWO notices though. I am seriously beginning to wonder if filers between July 2 - July 17 are actually going to be penalized coz NOTHING in USCIS is ever "FIFO".
deafTunes123
04-15 10:39 AM
Man....9 loong years....thats too long in this era for one employer. Congratulations on your GC Approval. I can clearly see the relief.
I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).
I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).
nifedge
04-23 05:52 PM
I hope I were close to the border too :)
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