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Raven Symone. SAN JOAQUIN.




ameryki
03-23 08:48 PM
Hi,

I have a pretty simple question.

A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.

Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.

Please advise,
Thanks,
Vlad


If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
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ctu
03-29 07:21 PM
i have my stubs till feb 09
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vselvam
05-17 03:43 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?

History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.

I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.

I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B

Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?

In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.

Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.

Do I require to start again my GC process? Or Can I continue with the same existing filed application?

I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?

Any advice is appreciated.

Thanks
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dealsnet
05-11 03:29 PM
If your company not informed USCIS and you are again working with the same company means you are not out of status, consider 1 month as unpaid vacation. No need to stamp your visa, if you have time in I-94. If you want to go to home country, better go after having atleast 3 /6 months of continuous pay stubs with you

Hi

I have an urgent query. Please help.

I was laid off from my company AA during last week of March-2010. I have not yet singed the lay off letter. And I was rehired by the same AA company on second week of May. I have valid I 94 for next 2 years. But my visa got expired. I was out of payroll for a month. I dont have last 2 payslips.

I have joined the new client through the AA company few days before. My AA compay is asking me to go my Home country and get my Visa stamped and come back. Is there a way that I can continue the employment here without travalling to my Home country at this point ? Are any other better solutions / ways.

Immediate response highly appreciated.

thanks
kadar
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pappu
08-09 07:53 AM
Please find below my case details:

i.Started on L1A in Dec 2001

ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.

iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).

With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
would it work as long as the Labour is filed before Oct 2007.

Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.

Any thoughts? Appreciate your comments.

Thanks very much in advance.
you have enough time to get started with your labor. earlier the better. have your company start your labor in a couple of months so that do dont have to worry about all the nitty gritties of recapture of time. yes one can recapture the time with a petition. less legal work is less money paid and less headache in my opinion.
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insbaby
08-25 11:09 AM
H4 is completely depends on your H1, does not matter if it is an extension or new. If you have good to take it with other documents, if not, I don't think thats a problem. As long as you have all your H1 documents ready, she will get it.
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rb_248
01-31 08:28 PM
don't waste your time predicting.
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payur
04-07 11:51 AM
CIR talks are going on CSPAN.
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joolie1
02-08 09:38 AM
so my Perm Res Card = a Green Card?
What a relief!
(Can you tell I am wading through the murky immigration waters without a lawyer at the helm?)
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Munna Bhai
01-30 12:18 PM
If I have an approved labor and switch attorneys, is it mandatory for current attorney to hand over the approved labor and all relevant documents to the new attorney or can he choose NOT to give it ?

Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .

Thanks.

You need your employer's approval, without them you cannot change the attorney. If employer's says yes, then you can switch attorney.
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go_guy123
03-24 02:40 PM
Can anybody help me out with regards to what documents need to be sent to the canadian embassy in newyork for a TRV (visitiors visa)?

Any one with any insight on how long does it take to get it back?

70 US$ for single entry
135 for multiple entry.

Request letter (i asked for visitor visa to meet friend)
Filled in form.
Employment letter from employer (I didnt send. they called and asked me to fax that)

Postage paid envelope for them to mail the passport back to you.
Proof of funds (bank statement copy) for the stay.

Its there in web page.
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immi2006
12-25 02:43 AM
Microsoft OS does not take greater than 2036 for some reason. I am not sure if folks use common sense, it is better for u to follow up to get it corrected, if they used common sense, you will wait AEO or something like next generation dinosaurus age for a GC :-) may be u have a futuristic PD :p

I just noticed that the I-140 my lawyer submitted 3 months ago to Nebraska has a typo in my DOB (21/07/2978 instead of 21/07/1978). Yes its a thousand years out! A copy of my latest I-94 and visa both showing my correct DOB were also submitted with the I-140.

Do any of you guys think I'll have the I-140 rejected, recieve an RFE, or will the Nebraska officer just use common sense and amend it himself? What do you reccomend I do if anything?
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waitin_toolong
02-08 12:46 PM
H4 time has been decoupled from H1 time but L1 time still counts against you so it will be 72 months -40 months
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cagedcactus
06-26 06:46 AM
I am sure the idea is nice, but have you seen the immigration support polls among American citizens?
with struggling economy and jobs, less and less Americans are supporting any kind of immigration. Legal, or Illegal, they dont care. No one, I mean no one will support us in a way that can be heard by media and the people in high seats. This is our battle and we must fight it alone. Others will help only if we show green, or some kind of benefit of their own.
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pbojja
03-13 07:33 PM
Hi All,

I would like my parents and my younger brother who is in his engineering college 2 nd yr to visit me on visitor visa. My father is a government emoployee with more than a yr job left, my mother has retired last yr and my brother has still 2yrs left for his engineering.

1. Do you think they should raise any objection for my brother getting a tourist visa ?

2. Should my brother's case affect my parent's case as well? I think given my father is a govt employee in India, that should work in his favor? Any thoughts.

Thanks in advance,

Get Visa for your brother is a dream . Your parents should get with out any issues . I would suggest dont even try foryour brother as this will be enetered in passport and can cause issues in future
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roseball
03-31 11:11 PM
Hi please can anyone kindly help? My husband would like to transfer to another company, but his current company is paying him lower than the prevailing wage. They said that the base salary plus overtime were meeting the prevailing wage requirement, but according to DOL regulations, the prevailing wage shouldn't include overtime pay. If the H-1B transfer petition is filed by the new company and we submit the current pay stubs which show a lower pay, will that be a problem? What are the possible solutions without making the current company pay more to make up the #s (they are not willing to do so)? Just don't want to get into trouble and get investigation involved.
We're so worried. Thank you so much in advance! Any suggestions/information would be helpful!

I don't think the beneficiary will be punished for employer not being able to pay the prevailing wage. Your H1 COE should go through fine even though current pay stubs show lower salary. Key for getting COE approved is to be employed and maintain legal status. Ex-employer could face some issues in future with H1 extensions/new applications.
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morchu
04-30 01:05 AM
You always send 485/140 to the address shown in the form instructions.
Your 485/140 maybe processed by Nebraska/Texas Service centers.
Please do some reading in USCIS.gov
If i'm from Michigan, which processing center is handling my application for Green Card. Nebraska??????????????
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Mirage_GC
06-23 05:18 PM
I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.

But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.

Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:

1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.

Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.

I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.

I trust this information will be perused and I will be available to given additional input.

Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.

I am articulating this for the benefit of one and many.
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Canadian_Dream
07-25 02:12 AM
http://www.murthy.com/nflash/nf_051607.html

The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.

Applied I-140 and I-485 in EB3 this month. New employer might agree to apply in EB2 category. Assuming I have to pay all costs for EB2 PERM processing, what's the average cost in Manhattan area?
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us_employee
08-24 02:36 PM
Dear Attorney,

Is there any minimum length of time to be on H4 before applying to H1.

Thanks
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arunmohan
02-13 12:40 AM
Guys,

we are going to do another brainstorming session on the country quota issue this sunday 02/15/2009.
Please PM me to get Conference Call details.

Thanks

Please join the conference call.

Date: 02/15/2009
Time:8:00 PM(EST)

Please PM me or mirage for details.
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