coolpal
04-02 12:23 PM
You can apply for H1 transfer now.. but you'll more than likely get a RFE for paystubs.. and if you can provide them (and depending on your job, client letter etc.,) you are good.
If you old company cancels your h1, you are still good if you applied for transfer before that...
The only risk might be that you might get approval without I-94 if your old I-94 expired already, which is not true in your case I assume..
Btw, this is a public forum, you can expect responses, but no one is paid or obliged to do so... so URGENT responses should not be expected here... for such cases, you better pay for a lawyer.
cheers.. and good luck.
pal :)
If you old company cancels your h1, you are still good if you applied for transfer before that...
The only risk might be that you might get approval without I-94 if your old I-94 expired already, which is not true in your case I assume..
Btw, this is a public forum, you can expect responses, but no one is paid or obliged to do so... so URGENT responses should not be expected here... for such cases, you better pay for a lawyer.
cheers.. and good luck.
pal :)
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anilsal
03-13 10:59 PM
that is available to applicants in research (such as doctoral students).
Murthy.com has information here:
MurthyDotCom : Employment-Based Immigration (http://murthy.com/eb1opr.html)
Additionally, you can always apply in EB1 Extraordinary Ability if you have outstanding qualifications (almost matching that of a Nobel Prize Winner or you are the top of your industry).
EB1-EA tips (http://bit.ly/dophyK) (<= Look here for tips)
Just a mere Doctoral degree does not get you qualified for EB1. You need the publications as well as recommendation letters from industry experts. :)
Murthy.com has information here:
MurthyDotCom : Employment-Based Immigration (http://murthy.com/eb1opr.html)
Additionally, you can always apply in EB1 Extraordinary Ability if you have outstanding qualifications (almost matching that of a Nobel Prize Winner or you are the top of your industry).
EB1-EA tips (http://bit.ly/dophyK) (<= Look here for tips)
Just a mere Doctoral degree does not get you qualified for EB1. You need the publications as well as recommendation letters from industry experts. :)
seekinggc
06-19 01:53 PM
Please reply.
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sauravpaira
02-27 12:21 AM
Hi,
I am (L1 B) in US since April 2008 with my wife (L2). Our I-94 and VISA expired on Oct 08. Before expiration my company applied for the extension of L1 (I-129). The status changed to "Request for RFE" on Feb 09. Got the RFE with 11 questions yesterday. The questions asked were more about my specialty, my company and the clients contract, other fellow aliens from my company working for the client's status and profiles. So now not sure what my company will do with the RFE.
My questions are -
1. If my company withdraws the L1 Extension petition, then how many more days I will be able to stay in US legally.
2. My wife is currently 22+ weeks pregnant, will US Govt consider anything for her medical situation?
3. Whats the possibility that VSC will accept the extension if we send the answers to the RFE?
4. If the petition is denied, then how many more days I will be able to stay legally?
I would appreciate if anybody can answer my questions.
Thanks in advance.
Saurav
I am (L1 B) in US since April 2008 with my wife (L2). Our I-94 and VISA expired on Oct 08. Before expiration my company applied for the extension of L1 (I-129). The status changed to "Request for RFE" on Feb 09. Got the RFE with 11 questions yesterday. The questions asked were more about my specialty, my company and the clients contract, other fellow aliens from my company working for the client's status and profiles. So now not sure what my company will do with the RFE.
My questions are -
1. If my company withdraws the L1 Extension petition, then how many more days I will be able to stay in US legally.
2. My wife is currently 22+ weeks pregnant, will US Govt consider anything for her medical situation?
3. Whats the possibility that VSC will accept the extension if we send the answers to the RFE?
4. If the petition is denied, then how many more days I will be able to stay legally?
I would appreciate if anybody can answer my questions.
Thanks in advance.
Saurav
more...
Ram_C
11-02 05:49 PM
Here's a sticky question - and appreciate "expert" advise on the matter:
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
Yes, you can work for any company, but with similar job description mentioned in your LC
2. What happens if I dont join Company B ever?
well this is a broad subject, I'll try to put it this way.
when you applied for AOS which I suppose is employment based, your intent is to work with the sponsoring employer on a "permanent position" (at least 6 months after the GC approval) and your sponsoring employers intent is to employee you on permanent position (again atleast 6 months after GC approval), so by never joining your sponsoring employer you are violating/contradicting the primary intent of Employment based AOS application which can lead to revoking of your GC in future or it might cause problems during your naturalization
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
Yes, you can work for any company, but with similar job description mentioned in your LC
2. What happens if I dont join Company B ever?
well this is a broad subject, I'll try to put it this way.
when you applied for AOS which I suppose is employment based, your intent is to work with the sponsoring employer on a "permanent position" (at least 6 months after the GC approval) and your sponsoring employers intent is to employee you on permanent position (again atleast 6 months after GC approval), so by never joining your sponsoring employer you are violating/contradicting the primary intent of Employment based AOS application which can lead to revoking of your GC in future or it might cause problems during your naturalization
paulinasmith
08-05 12:49 PM
Hi
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
Well you can join the new employer and they can apply for H1B Transfer. After April 2011 you can get extension or even F1 visa is useful for 1 year. After 1 year u can again come back to H1B status.
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
Well you can join the new employer and they can apply for H1B Transfer. After April 2011 you can get extension or even F1 visa is useful for 1 year. After 1 year u can again come back to H1B status.
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franklin
03-02 12:09 PM
looks like there at least 3 ;)
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cbpds
08-08 02:55 PM
My wife was applying for her H4, it was listed as Chennai although we had mentioned the state as Karnataka.......everything shd be fine
Thanks buddy! So I believe it's just the state of the consulate..right?
By the way was your case kind of same?
Thanks buddy! So I believe it's just the state of the consulate..right?
By the way was your case kind of same?
more...
martinvisalaw
06-18 01:05 PM
If the non-profit that she plans on working for is (a) affiliated with an institute of higher education; or (b) a research organization;
then she should not be subject to the cap. Otherwise, the non-profit probably is subject to the H-1B cap, so she couldn't start until October 1.
then she should not be subject to the cap. Otherwise, the non-profit probably is subject to the H-1B cap, so she couldn't start until October 1.
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baburob2
02-27 01:24 PM
i think even an economic analyst can predict the stock market patterns but wouldn't be able to answer your question :)
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NNReddy
07-05 12:38 AM
My mother-in-law is on a visitor visa. She is supposed to go to india in 10 days. But she had a medical emergency and had a surgery this week. She cannot travel to india right now, as she needs rest after surgery. Can we apply visitor visa extension on medical grounds or is it safe to apply for extension on tourism/visiting grounds, Please advise.
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username007
06-24 09:10 PM
Hello All,
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
more...
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freddyCR
January 31st, 2005, 02:43 PM
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sunnymit
02-22 11:05 AM
Ok. That makes sense. I will contact the HQ and try to find out the solution. Calling the local SS office doesn't help as the first thing their automated system asks for is SS# for you to move on!
more...
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sbmallik
06-12 03:57 PM
No, you are not. Please read this (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD) link - look out for the question: Are there any additional conditions of availability being placed on the Premium Processing Service at this time?
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same_old_guy
03-19 05:39 PM
If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
more...
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va_dude
10-05 05:49 PM
I agree with the other post.
You need to make a visit to the nearest uscis office tomorrow morning and give them the details and preferably get that second AP application withdrawn or cancelled or whatever.
Now did you receive just the approval notice for the first AP or did you actually get the AP document? Make sure you got the actual AP document (the one with the photo, etc.).
Good luck. I think you should be fine.
You need to make a visit to the nearest uscis office tomorrow morning and give them the details and preferably get that second AP application withdrawn or cancelled or whatever.
Now did you receive just the approval notice for the first AP or did you actually get the AP document? Make sure you got the actual AP document (the one with the photo, etc.).
Good luck. I think you should be fine.
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chsundar
04-04 07:02 PM
Thanks for suggestions, let me try and get back ...
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hebbar77
03-15 02:07 PM
my 485 was filed abt 1.5 years back. 140 has been approved for more than 8 months too.
So now if I want to change my job
Using EAD , I know that job duties have to be similar.
How about on H1b transfer? Does the job duties similar requirement hold good?
Also anyone changing job on H1b , if ex-employer withdraws I-140, what kind of RFE does it generate?
Thanks much!
So now if I want to change my job
Using EAD , I know that job duties have to be similar.
How about on H1b transfer? Does the job duties similar requirement hold good?
Also anyone changing job on H1b , if ex-employer withdraws I-140, what kind of RFE does it generate?
Thanks much!
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10-22 04:39 AM
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Er... Non UK people might not get that reference...
Er... Non UK people might not get that reference...
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