irrational
10-09 03:13 PM
The whole problem is where should I send my AP application to ?? :confused:
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hebbar77
09-16 12:25 PM
I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
I heard it is 6 months from many sources(no-attorney ). The rule is you should have had genuine intention of working for sponsoring employer after GC. Eg , if you switch in a week after GC, it is obvious you did not have such intention....
6 months is long enough for me if I were to switch. But of course you need to have something better than current thing to switch!!
Also have a genuine unforseen reason due to which you need to leave your sponsoring GC employer.
Note : I am not a attorney...
However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....
I heard it is 6 months from many sources(no-attorney ). The rule is you should have had genuine intention of working for sponsoring employer after GC. Eg , if you switch in a week after GC, it is obvious you did not have such intention....
6 months is long enough for me if I were to switch. But of course you need to have something better than current thing to switch!!
Also have a genuine unforseen reason due to which you need to leave your sponsoring GC employer.
Note : I am not a attorney...
Ann Ruben
01-26 10:05 PM
The officer who interviewed you was absolutely incorrect. If you have maintained valid H-1B status you are NOT required to obtain an Advance Parole in order to travel without abandoning your AOS application.The following text from the USCIS Adjudicator's Field Manual makes this clear:
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
__________________________________________________ ______________
USCIS Adjudicator’s Field Manual, Chapter 23.2
…….(2) Exceptions to the General Rule .
Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:
(A) H and L Nonimmigrants with “Dual Intent.”
Under 8 CFR 214.2(h)(16)(i) and 8 CFR 214.2(l)(16) , H-1B, H-1C, L-1A, and L-1B nonimmigrants, and their dependent family members in H-4 or L-2 nonimmigrant classification, may be eligible to maintain and extend their nonimmigrant status while their applications for permanent residence under section 245 of the Act remain pending. The approval of a labor certification or preference visa petition or the filing of an adjustment of status application may not be the basis for a denial of an application for extension of stay by an H-1B, H-1C, or L-1 nonimmigrant or an application for change of status within the H-1B, H-1C, or L-1 classifications.
As long as an H-1B, H-1C, and L-1 nonimmigrant remains compliant with his or her nonimmigrant classification, including restrictions on periods of stay, changes in employers, and conditions of employment, the mere fact that he or she has filed an application for adjustment of status does not render him or her ineligible for an extension of nonimmigrant status. Similarly, the mere fact than an alien has filed an application for adjustment of status does not make him or her ineligible for nonimmigrant classification as an H-1B, H-1C, or L-1.
Under 8 CFR 245.2a(4)(ii)(C) , H-1/H-4 or L-1/L-2 nonimmigrant adjustment of status applicants who are not in exclusion, deportation, or removal proceedings are not required to seek advance parole to travel abroad. They may be readmitted to the United States in the same status they maintained at the time of their departure, provided that they are able to demonstrate to the immigration officer at a port of entry that they:
• remain eligible for H-1/H-4 or L-1/L-2 classification,
• are in possession of a valid H-1/H-4 or L-1/L-2 nonimmigrant visa (if a visa is required), and
• are coming to resume employment with the same employer for whom they had been authorized to work as an H-1 or L-1 nonimmigrant (or, in the case of dependents, the spouse or parent through whom they received their H-4 or L-2 status is maintaining his or her H-1 or L-1 status).
If there has been a recent change of employer or extension of stay, the applicant, in order to comply with the third requirement noted above, must have evidence of an approved I-129 petition in the form of a notation on the nonimmigrant visa indicating the petition number and the employer’s name, or a notice of action, Form I-797, indicating approval.
__________________________________________________ _______________________________________________As you can see, there is no requirement that the AOS application be employment based. The regulation, 8 CFR 245.2a(4)(ii)(C) clearly applies to all H-1/H-4 and L-1/L-2 nonimmigrants, and not just those adjusting status based on employment.
Ann
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acecupid
08-27 10:15 AM
Definitely possible. I know collegues in my company who have done that.
more...
pom
04-28 05:34 PM
All right, I've changed it once more, but maybe you should remove those moutain pics because it takes forever to load as it is :)
Very nice work though.
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Bolt
04-08 10:55 PM
Hi Anand /Snathan,
Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....
Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....
more...
Anil_s
07-02 06:48 AM
Hi Ari,
Thank you for the information.
How Will it affect my H1-B process
Anil
Thank you for the information.
How Will it affect my H1-B process
Anil
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smartboy75
07-17 07:13 PM
Just a thought..if your lawyer has all the papers...he should also have your Medical examination report.....If you decide to file on your own where are you going to get the medical examination enveloe from ??? Hope u have thought about it
more...
adi787
08-30 09:18 PM
hey guys..
I heard uscis is introducing new procedure for LC. any one knows any details.
I heard uscis is introducing new procedure for LC. any one knows any details.
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uma001
10-16 12:50 PM
Do everything in premium..It is a matter of extra $1000 for each stage (H1 or I140)
more...
northstar1
07-26 11:36 AM
Thanks Ashkam. So does that mean it's not really subject to the I-140 processing backlog..any idea?
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cmphr
05-20 06:20 PM
Missed due to delay in Atlanta PERM processing center.
PD: June 2007
I-140 - Approved (Aug '08)
I-485 - Waiting...
PD: June 2007
I-140 - Approved (Aug '08)
I-485 - Waiting...
more...
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jsb
09-03 10:26 AM
Hi guys,
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
No receipts yet. Filing delivery details, and I-140 approval/LUD same as yours with EB2 India.
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
No receipts yet. Filing delivery details, and I-140 approval/LUD same as yours with EB2 India.
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Saralayar
09-24 12:45 PM
After 09/18 I got NUD almost everyday until today
Now NUD = No Updates to Date ..... :o
Good One.. :D
Now NUD = No Updates to Date ..... :o
Good One.. :D
more...
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piyu7444
04-07 07:22 PM
To be very clear what I�m saying below is what I heard from a friend. I do not have a first hand knowledge
My friend�s neighbor works full time for BOfA and went visiting to India in March and went to the Consulate in Hyd for stamping, his stamping was rejected with a reason that his H1 was sponsored by a TARP funded company. Now if this is true this could just be becasue at that point USCIS had not come out with its TARP guidelines and the situation now may be different. My friend knows this because the victim here called him to take care of his belongings in the APT etc..
Now I also work for a TARP bank full time and get to hear this from other colleges. Again I want to reiterate, I do not have first hand info. This was told to me by a friend whose neighbor now is supposedly stuck in India for a min of 6 months
If this guy in question was working for BOFA before this TARP CRAP was introduced the embassy can not deny him h1b stamp as he would have an approved petition and any petition approved before TARP CRAP law came into its existence can not be denied on the basis of TARP CRAP law.
I really doubt that his h1b was denied due to TARP.
My friend�s neighbor works full time for BOfA and went visiting to India in March and went to the Consulate in Hyd for stamping, his stamping was rejected with a reason that his H1 was sponsored by a TARP funded company. Now if this is true this could just be becasue at that point USCIS had not come out with its TARP guidelines and the situation now may be different. My friend knows this because the victim here called him to take care of his belongings in the APT etc..
Now I also work for a TARP bank full time and get to hear this from other colleges. Again I want to reiterate, I do not have first hand info. This was told to me by a friend whose neighbor now is supposedly stuck in India for a min of 6 months
If this guy in question was working for BOFA before this TARP CRAP was introduced the embassy can not deny him h1b stamp as he would have an approved petition and any petition approved before TARP CRAP law came into its existence can not be denied on the basis of TARP CRAP law.
I really doubt that his h1b was denied due to TARP.
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willgetgc2005
04-24 11:47 PM
dilbert_cal / others,
I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?
Thanks
_________________________________________________
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?
Thanks
_________________________________________________
If your previous company has closed down, there isnt any way you can port the PD.
PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.
Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.
more...
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wandmaker
10-26 11:00 AM
Withdrawal of H1 does not create any issues. Since she is on H1 Since Oct 1, 2007 - make sure you have a pay stub for her for this period.
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?
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sertasheep
03-26 11:54 AM
I agree with the others. We can institute a small membership fee which interested users will be willing to pay on a monthly basis.
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tp976
08-19 10:06 PM
dont worry about FP. i applied for my wife and me. she got a FP , i never got one. but both of us got our approvals
sk.aggarwal
05-01 12:26 PM
It all depends on how short you are..Following are options
1. Housing loan from India: Secured loan but very high interest rate, not very difficult to get
2. Personal loan from India: Unsecured loan with very high rate. Not very sure abt this.
3. Personal loan from US: rate between 8-12%. Max amount is around 20K USD
4. Home equity line of credit: If you own a home and have equity. You should be a loan against it at very reasonable rate. and I think, it has some tax benefits also ..
5. Loan against your 401K: you can get 50% of your 401K at around 5-6%. But you will have repay if you leave your employer.
1. Housing loan from India: Secured loan but very high interest rate, not very difficult to get
2. Personal loan from India: Unsecured loan with very high rate. Not very sure abt this.
3. Personal loan from US: rate between 8-12%. Max amount is around 20K USD
4. Home equity line of credit: If you own a home and have equity. You should be a loan against it at very reasonable rate. and I think, it has some tax benefits also ..
5. Loan against your 401K: you can get 50% of your 401K at around 5-6%. But you will have repay if you leave your employer.
arnet
09-20 03:49 PM
for link:
create your application and fill DS-156/157 etc and you should see the appt calendar page. on rightside of this page, it usually shows link for emergency appt. but they change the vfs site often. send email to vfs, check contact us page and they will help you out to find this link.
for appt:
you can try checking everyday VFS site, some people cancel their appt before 10 or 15 days and you can get it but for chennai it is little difficult because people book it immediately. try vfs-monitor.com, which alerts through email or sound when your dates are available but i think you need to pay for this.
but there are dates available in delhi/kolkatta and other consulates, you can consider flying a day before and get it done. flight fares from chennai to delhi/mumbai/kolkata are cheaper costs you 5000 rupees per person for roundtrip (which is $100 per person), hotels are cheaper, check makemytrip.com or rediff for flight/hotel fares.
Disclaimer: I'm not an immigration attroney, please check with one for your situation as laws/procedures are changing often.
create your application and fill DS-156/157 etc and you should see the appt calendar page. on rightside of this page, it usually shows link for emergency appt. but they change the vfs site often. send email to vfs, check contact us page and they will help you out to find this link.
for appt:
you can try checking everyday VFS site, some people cancel their appt before 10 or 15 days and you can get it but for chennai it is little difficult because people book it immediately. try vfs-monitor.com, which alerts through email or sound when your dates are available but i think you need to pay for this.
but there are dates available in delhi/kolkatta and other consulates, you can consider flying a day before and get it done. flight fares from chennai to delhi/mumbai/kolkata are cheaper costs you 5000 rupees per person for roundtrip (which is $100 per person), hotels are cheaper, check makemytrip.com or rediff for flight/hotel fares.
Disclaimer: I'm not an immigration attroney, please check with one for your situation as laws/procedures are changing often.