mysticblue
08-17 02:49 AM
You can start working for Employer C as and when you have the receipt notice for C's transfer. Just make sure, you file for transfer before termination. You have all the documents that is required for H1 transfer, dont worry about it.
Thank you so much. Your advice is highly appreciated.
Thank you so much. Your advice is highly appreciated.
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dreamworld
09-12 03:46 PM
Any advise about Unpaid vacation period in usa for h1b's and staying in usa.
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
nixstor
07-18 10:35 AM
Can someone who might have some information help me and Rajeev by answering Rajee's question..thanks.
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
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wandmaker
08-17 12:39 AM
I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.
Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?
4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?
5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?
Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.
I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -
Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.
Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?
4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?
5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?
Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.
I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -
Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.
more...
Nov2004
08-24 06:18 PM
can you please let us know some details. I am in the same situation.
Nov2004, EB3, I140 approved and I485 applied.
1. what happens to the present ead, after filing the new I140.
2.After I140 do we have to apply for new I485?
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
Nov2004, EB3, I140 approved and I485 applied.
1. what happens to the present ead, after filing the new I140.
2.After I140 do we have to apply for new I485?
It took almost 3 months to get the approval. Key points:
1. USCIS does not accept I-140 PP as the original Labor approval is not included.
2. I am not sure if USCIS requests a duplicate copy of labor from DOL or they locate the orginal labor in the old file.
3. Make sure you ask your employer to download the labor approval from DOL website and complete it (employer's signature and your signature) and send it along with the I-140 application.
Hope it helps....Good luck
gceb3holder
02-27 06:52 AM
I have received my GC on January 28th. My company filled the following with USCIS:
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008
Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....
So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.
I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.
Please advice.
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EB-VoiceImmigration
09-07 03:17 PM
How about even a much better solution, learn your country's national language......:)
My Initial reaction to this post and others(including the one who said he is from AP .. but I believe in reality he is not..) who think every one in india should learn hindi.
--> FCUK U. Who the hell are you to say this ?
Now.. lets dicuss...
It is not even a requirement in India to learn hindi. Why in the world it is required to access a forum based on US EB immigration?
Dont get zealous of raise of south in IT and lets not make a debate on what people are doing in our part of the world. It will never end.
My Initial reaction to this post and others(including the one who said he is from AP .. but I believe in reality he is not..) who think every one in india should learn hindi.
--> FCUK U. Who the hell are you to say this ?
Now.. lets dicuss...
It is not even a requirement in India to learn hindi. Why in the world it is required to access a forum based on US EB immigration?
Dont get zealous of raise of south in IT and lets not make a debate on what people are doing in our part of the world. It will never end.
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michael_trs
05-13 11:56 AM
I have my company�s lawyer that I have to use but he is not experienced with this. My company wouldn�t be happy if I suggest switching to another lawyer so I need to control this myself.
Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.
Actually what I realized out of my experience with GC processing � it�s better to be involved into this process as much as possible.
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lostinbeta
10-03 01:45 PM
mwwwwwahahahahahhahahhahhhaaaaa :evil:
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Ψ
06-06 12:16 PM
well i didnt see that ........my bad..........stupid me.........:jail:
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langagadu
03-29 03:53 PM
nope
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krishmunn
09-30 11:58 AM
Unfortunately NO. you cannot declare anything while leaving India.
Not correct. You can declare your stuff , including Jewellery, right after immigration check at customs counter when leaving India. I did it once for my laptop long back.
Also, carry your Indian receipts.
Not correct. You can declare your stuff , including Jewellery, right after immigration check at customs counter when leaving India. I did it once for my laptop long back.
Also, carry your Indian receipts.
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wrldnw4me
05-26 11:32 AM
Thanks for the great work by the IV Core Team, QGA and all Senators and their staff.
Thanks once again
Thanks once again
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gcisadawg
04-07 06:52 PM
Folks,
Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!
Regards,
gcisadawg
Thanks for taking time to answer my question. Seems the risk is greater than the reward. We would just ask her to travel on her original scheduled date!
Regards,
gcisadawg
more...
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kondur_007
03-29 09:12 PM
Thanks you very much for the reply.I appreciate.
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).
So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),
Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).
So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),
Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)
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srkamath
07-16 05:31 PM
Interesting. My Labor says
14) Education BS,
Years of experience 3
15) Other Special Requirements "MS + 1year" OR "BS + 3 years".
I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?
It depends on the Minimum Requirement, in your case it seems like it was BS+3, which is less than MS or BS+5 , therefore it will be EB3.
If the job description says, min education is Bachelor's, but Master's is preferred, it is still EB3.
If i recall correctly, the "skilled worker" category is EB3, you can check this on the USCIS website under the Laws & Regulations link.
14) Education BS,
Years of experience 3
15) Other Special Requirements "MS + 1year" OR "BS + 3 years".
I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?
It depends on the Minimum Requirement, in your case it seems like it was BS+3, which is less than MS or BS+5 , therefore it will be EB3.
If the job description says, min education is Bachelor's, but Master's is preferred, it is still EB3.
If i recall correctly, the "skilled worker" category is EB3, you can check this on the USCIS website under the Laws & Regulations link.
more...
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asanghi
01-24 11:43 AM
I just can't believe how many times this topic has come up, and yet keeps coming up.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
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ar7165
07-20 01:29 PM
My gc is in process, both I-140 and I-485 is approved over 180 days back. I have a valid EAD. Recently I lost my job (laid off). Can I apply for unemployment benefit?
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AB1275
12-12 11:29 AM
My PERM was applied in Nov 2007 and 140 in early- mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.
My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.
Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?
I'm confused and scared at the same time. Not sure what to do..
please suggest me all the options available to me.
Thanks!
HumJumboHathuJumbo
01-02 03:51 PM
presuming 3500 visas for EB3 from india per year, given about 350,000 were filed recently and presuming about half of that were EB3 india, that means 175,000 are in front of you from India on EB3. so my pd of jan 2006 would become current in about 48 years and yours in about 50. now, others may speculate and extrapolate and say that it's likely to be within a decade based on past experience - i.e RoW not using up its quota and hence spilling over to India, but India EB2 itself is backed up pretty badly & it gets a first shot at it so after these geniuses go green, we get to use that. But again, thats just speculation - so nothing is certain except that it wont be no longer than 50 years based on current law, that too presuming the current law stays as is. lets hope iv succeeds in the backlog efforts in which case the wait would probably be around 3/4 years.
You seem to be knowledgeable. can you tell anything about EB3 October, 2003 Priority Date?. when will people with that PD be able to file I-485(someone i know missed this year). thanks
You seem to be knowledgeable. can you tell anything about EB3 October, 2003 Priority Date?. when will people with that PD be able to file I-485(someone i know missed this year). thanks
gjoe
11-09 07:07 PM
Lawyers are suckers. There are like leeches ( always there are exceptions though)
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