gcpool
04-18 06:49 PM
http://www.myvisajobs.com/
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wandmaker
11-03 02:36 PM
Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
gcgonewild
02-13 05:38 PM
My colleague's spouse was detained and questioned for 2 hours at EWR.
If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.
This is getting way too far..
If they have a beef with H1s, they should take it with H1s.
If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.
This is getting way too far..
If they have a beef with H1s, they should take it with H1s.
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tnite
01-03 10:31 AM
I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?
Thanks
Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.
But if you use your EAD it doesnt matter. You dont have to worry about the 3months.
Thanks
Since you're on H1 that might be a problem as your W2 will reflect the lwage info . You can either take a leave of absence for a month or 2 (not more than that) If there's a query during H1 extension , you can let them know that you had taken a leave. Draft a leave letter and mail it to the employer so that he has it in records.
But if you use your EAD it doesnt matter. You dont have to worry about the 3months.
more...
msadiqali
01-09 02:56 PM
Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.
thx
thx
sprash
06-03 02:57 PM
I agree Sailesh. However it would be interesting to know if anyone has got multiple EVLs or other RFEs. I am also wondering if once you reply to an RFE, do they pre-adjudicate the application.
more...
apahilaj
06-18 11:53 AM
Wondering if we need to Pay $80 towards Biometric Fee when Renewing I-131? paid the Biometric Fee last year when Applied for the First Time.
I did not pay any biometric fee for my AP renewal. My application is pending with TSC since May 30th.
I did not pay any biometric fee for my AP renewal. My application is pending with TSC since May 30th.
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Tommy_S
04-15 11:38 AM
Is this an engine? Couldn't understand, at first. The font is way too simple for the stamp. :hat:
more...
doomdoom
08-24 10:30 PM
thanks for your quick reply.
What about using AP for status check? Will they accept that?
What about using AP for status check? Will they accept that?
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beautifulMind
11-20 12:56 PM
But I work in the same company and same dept..isn't AC21 only used if you quit GC sponsoring company
more...
desi3933
04-02 08:44 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
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pramodirt
12-06 12:01 PM
Thanks patchsk for giving me some hope.
more...
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srh1
08-18 01:04 PM
I filed H1 in April 2007 for my brother who is in India but no news from immigration whether it was approved or denied. As all of you know this year they did a lottery system when i ask my lawyer he says we just have to wait. Its been 5 months now no news. Can somebody suggest me what to do. Is there any website which tells us the status or any number to call.
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willIWill
12-10 03:33 PM
EB
ROW CHINA INDIA MEXICO PHILIP-PINES
1st C C C C C
2nd C 01MAY05 22JAN05 C C
3rd 01AUG02 01AUG02 22JUN01 01JUL02 01AUG02
Other Workers 01JUN01 01JUN01 01JUN01 01JUN01 01JUN01
ROW CHINA INDIA MEXICO PHILIP-PINES
1st C C C C C
2nd C 01MAY05 22JAN05 C C
3rd 01AUG02 01AUG02 22JUN01 01JUL02 01AUG02
Other Workers 01JUN01 01JUN01 01JUN01 01JUN01 01JUN01
more...
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willgetgc2005
04-28 11:37 AM
Hi,
Any experience with this law group for EB based GC ? Please do post. Thank You !
Any experience with this law group for EB based GC ? Please do post. Thank You !
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131313
November 16th, 2004, 09:23 PM
I gotta see this place. ...very inviting photographs.
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pappu
04-06 09:53 PM
Did anyone send her an email yet. Please do if you have not. We need more media visibility for our issues.
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neeidd
11-12 04:39 PM
Where do I look for that in my profile?
Thanks
Pappu,
Could you please tell me what I am supposed to do ?
Thanks,
Thanks
Pappu,
Could you please tell me what I am supposed to do ?
Thanks,
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Blog Feeds
11-08 03:30 PM
Delaware Immigration Lawyer Blog Has Just Posted the Following:
The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available.
For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment for at least 10 U.S. workers.
A business can be used for employment-creation classification by more than one investor, provide that each investor has invested the required amount and the creation of 10 full-time jobs may be attributable to each investor.
The investor is required to enter the U.S. to engage in a new commercial enterprise, i.e., the investor must maintain more than a purely passive role in the new enterprise, and he or she must either be involved in the day-to-day managerial control of the commercial enterprise or manage it through policy formulation.
USCIS does not require retention of employees until a reasonalbe time after conditional visa is issued. Normally, a comprehensive business plan supporting the need for 10 employees within the next two years is acceptable.
The procedure to apply begins with submitting initial evidence with an I-526 petition. If the I-526 petition is approved, the investor becomes a conditional resident for two years. After the two years, the investor has to file an I-829 to remove the condition. It must be accompanied by evidence that the individual has invested or was in the process of investing the required captial, and the investment has created 10 full-time jobs.https://blogger.googleusercontent.com/tracker/1142140030762969806-6519671685318254492?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/eb-5-immigrant-investors.html)
The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available.
For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment for at least 10 U.S. workers.
A business can be used for employment-creation classification by more than one investor, provide that each investor has invested the required amount and the creation of 10 full-time jobs may be attributable to each investor.
The investor is required to enter the U.S. to engage in a new commercial enterprise, i.e., the investor must maintain more than a purely passive role in the new enterprise, and he or she must either be involved in the day-to-day managerial control of the commercial enterprise or manage it through policy formulation.
USCIS does not require retention of employees until a reasonalbe time after conditional visa is issued. Normally, a comprehensive business plan supporting the need for 10 employees within the next two years is acceptable.
The procedure to apply begins with submitting initial evidence with an I-526 petition. If the I-526 petition is approved, the investor becomes a conditional resident for two years. After the two years, the investor has to file an I-829 to remove the condition. It must be accompanied by evidence that the individual has invested or was in the process of investing the required captial, and the investment has created 10 full-time jobs.https://blogger.googleusercontent.com/tracker/1142140030762969806-6519671685318254492?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/eb-5-immigrant-investors.html)
nousername
07-10 03:07 PM
Please update your profile..
Here are the answers:
1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.
NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
Here are the answers:
1. No, you can not change the profile and should look for something which is similar to what was stated on your I-140.
2. You can switch to a new job provided your I-485 is pending for more then 180 days, which seems to be the case and the new job is similar to what is on I-140.
NOTE: NO, you can not switch from IT to finance. I mean you can but if you receive any RFE then you will have a big issue.
I am currently working as a Functional Solution Architect in an IT firm.
Current Status: H1B (6th year)
GC status as follows:
Priority Date: April 2007
EAD received: October 2007
I-140 is approved.
Under the AC21 portability I believe I can change my employer without affecting my GC process. However I want to change my field of work from IT to Finance. My question is:
1. Is that permissible and can I use my EAD to work for a new employer in a different field.
2. If the above is not permissible and If I change my job in the same field, can my previous employer cancel my GC process, even though my I-140 is approved. If they can, how can I mitigate that possibility.
Thanks in advance for your response.
gk_2000
01-27 04:07 PM
Immigration & Winning the Future | The White House (http://www.whitehouse.gov/blog/2011/01/27/immigration-winning-future)
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
Possibly FB's <<vomit>>?
I quote:
"We have also improved our legal immigration system by reducing backlogs of immigration applications and devoting critical funding to promote innovative citizenship preparation and integration programs in communities throughout the country."
Any idea what they are talking about in terms of backlog reduction?
Possibly FB's <<vomit>>?
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