bobzibub
10-04 03:27 PM
you can also change employers immediately. Your spouse is the primary applicant, and hte 180 day AC21 rule applies to her. You can:
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
- use EAD whenever you want
- change jobs whenever you want
- change job profile however you want.
she:
- can use EAD whenever she wants
- change jobs after 180 days
- change onto a job in the same or similar profile.
Now if the secondary applicant also has a 140/485 application filed this means that he or she should wait for six months also.. I have an EAD (as of yesterday) from my wife's application. Mine is just the 485 -- no EADs/APs etc. If I contract on the side with my EAD (invalidating my H1b) does my employer find out? Am I obligated to tell?
Cheers,
-b
wallpaper Map us with this link 410 E.
vikramy
12-22 01:20 PM
I did same 4 years ago. You can travel while your H1B transfer is pending.
1. Can I visit india while my tranfer is pending...???
Yes you can.
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa
1. Can I visit india while my tranfer is pending...???
Yes you can.
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa
mdy_tvr
09-26 05:05 PM
Yes. UR Lawyer is correct. U have to just pay one single fee for 485 filing and u can file yearly extensions for EAD and AP Free till ur 485 is approved.
Thanks.. I appreciate it
Thanks.. I appreciate it
2011 Michigan State University
rvr_jcop
02-18 10:29 PM
hi,
i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).
questions:
1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?
Please let me know as my travel plans are dependent on this.
thanks and appreciate your prompt response
thank you.
I would go with 3. Wait here until AP approved and then leave the country. I didnt hear good experiences with mailing AP out of country.
i have a question whether to use EAD or H1B? Initiallly i re-entered into usa after finishing my first 6yr term of H1B in June 05 on H1b. Later changed employer. New employer filed my GC using existing labor (EB3) in 2006 and also filed for i-140 & i-485 in oct 2007. so the transferred h1b is expiring on 06/2009. my ead expired in Oct 2008. I am thinking of renewing EAD than H1b which i am planning to file in this month (Feb, 2009).
questions:
1. If i go back to India in Mar 09 - Can I come back using EAD (Once its approved and someone sends my EAD & AP to India) as i haven't used EAD?
2. my transfered H1b is expiring on Jun 09 and i don't want to go to Madras to stamp the transfered company's visa on my passport as i doubt to get it - the Consulate might ask me so many questions when its expiring in june why you want to go to usa for 3 or 4 months.
3. The best bet - do i need to wait for my renewal of EAD & AP and then leave?
Please let me know as my travel plans are dependent on this.
thanks and appreciate your prompt response
thank you.
I would go with 3. Wait here until AP approved and then leave the country. I didnt hear good experiences with mailing AP out of country.
more...
eb3_nepa
03-06 02:52 PM
FINALLY someone who understands EXACTLY what the problem is :)
zico123
05-16 08:59 PM
It's about time the govt decided to question H1B visa hogging companies.
more...
apriti
10-04 12:25 PM
I cannot renew my h1 as my 7 yrs are over i have to go back to my country for one yr before i can reenter the US
2010 Michigan State University
natrajs
09-01 06:05 PM
AR -11 Helps and your attorney also will also get copy
Don't worry
Don't worry
more...
pappu
03-10 04:33 PM
Thanks. Any ideas how we can make the WIKI popular. We should make this a useful resource for everyone.
hair Michigan State University
ImmigrationAnswerMan
06-29 10:04 PM
Tharu:
You can reply to the RFE exactly as you stated. That your wife and child are abroad and will be applying for visas at the U.S. post to accompany you, therefore they do not have A numbers or receipt numbers.
You must file I-824s for them if you have not already done so.
You can reply to the RFE exactly as you stated. That your wife and child are abroad and will be applying for visas at the U.S. post to accompany you, therefore they do not have A numbers or receipt numbers.
You must file I-824s for them if you have not already done so.
more...
bigboy007
11-01 11:46 AM
bump ... any ideas please
hot This is a map of the world,
Blog Feeds
07-16 04:50 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
more...
house kansa of traverse maps state
rayoflight
05-09 09:28 PM
Thanks all for attending the meetup. It is very important to keep the chapter active.
Minutes of the Meeting:
nixtor updated the chapter on:
(1) State Department's Forecast on the Visa Bulletin for the remainder of the year
(2) Immigration legislation progress on the hill & WH so far
(3) Miken Institute Global conference on Housing and Immigration.
The DC/MD/VA chapter decided to meet every month and one of the agenda is to have more members participate voluntarily and contribute which is very vital for our efforts.
Thanks,
Rayoflight
Minutes of the Meeting:
nixtor updated the chapter on:
(1) State Department's Forecast on the Visa Bulletin for the remainder of the year
(2) Immigration legislation progress on the hill & WH so far
(3) Miken Institute Global conference on Housing and Immigration.
The DC/MD/VA chapter decided to meet every month and one of the agenda is to have more members participate voluntarily and contribute which is very vital for our efforts.
Thanks,
Rayoflight
tattoo Michigan State University
crsna
07-18 09:13 AM
Are you saying client company will not pay for the expenses or it will not sponsor H1 visa? If the Client Company does not sponsor H1 visa, i do not think you an sponsor yourself.You can pay for your expenses if client company sponsors H1 visa.
more...
pictures Michigan State University Map Pictures
speddi
07-13 01:09 PM
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
dresses Map to Conrad Hall
newbie2020
04-29 03:48 PM
I came across this one very interesting read on how the Visa cutoff dates are established...
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
more...
makeup Sea Grant/Michigan State
abcka111
05-14 01:35 AM
Any help from an attorney would be appreciated
girlfriend Michigan State University
maximus777
12-22 06:52 PM
Not a big deal in my opinion - the visa system needed a rehaul in any case. Cant undertsand how a tourist visa can double up as a business one.
hairstyles Michigan State University
aries
08-28 01:28 PM
Hello Friends,
My wife is on F1, doing her masters and is done with her course work, just left with one project (2 credits). Her college has the option of getting CPT (curriculum practical training) signed till the time her masters is not complete and then she is allowed to work off campus for 40 hours (full time).
I have also filled for my 485 application, so I was wondering what is her status now after filling for 485 . Also is it fine if she gets her CPT signed now after filing I485. I just want to be sure that getting her CPT signed has no negative impact on our I 485.
Any suggestions or anyone in similar situation
Thanks!
My wife is on F1, doing her masters and is done with her course work, just left with one project (2 credits). Her college has the option of getting CPT (curriculum practical training) signed till the time her masters is not complete and then she is allowed to work off campus for 40 hours (full time).
I have also filled for my 485 application, so I was wondering what is her status now after filling for 485 . Also is it fine if she gets her CPT signed now after filing I485. I just want to be sure that getting her CPT signed has no negative impact on our I 485.
Any suggestions or anyone in similar situation
Thanks!
neeidd
11-10 04:03 PM
Could you check and see if your subscription has expired.
Where do I look for that in my profile?
Thanks
Where do I look for that in my profile?
Thanks
surya.kant
06-19 01:42 PM
My Client due to some reasons unable to offer fulltime position . But they are extending my project bt 2- 2 months . Now they extended till Aug 2009 . My visa is expiring in sep 2009 .
Should I ask my employer to file extention Now ? or should I file in August ?
If there is a chance that client will offer fulltime job in next 2 months, consider waiting till aug for h1 extesnion, otherwise file for extension now. CIS may need end client letter for H1 extension.
Surya
Should I ask my employer to file extention Now ? or should I file in August ?
If there is a chance that client will offer fulltime job in next 2 months, consider waiting till aug for h1 extesnion, otherwise file for extension now. CIS may need end client letter for H1 extension.
Surya
No comments:
Post a Comment