immi_enthu
08-10 04:47 PM
Approval notice goes to Attorney a courtesy copy to Employer
Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:
Are you sure ? Did anyone receive a copy of approval notice at company recently ?:confused:
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newuser2011
05-16 04:15 PM
My PD is Jul 31, 2006 and I am going to add my wife to the application on June 1st. She is on H-4 right now.
How long does it take to get the AP and EAD? Can she leave the country without the AP.
How long does it take to get the AP and EAD? Can she leave the country without the AP.
raysaikat
02-16 09:32 AM
All
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
[QUOTE=sa.node;2357341]
I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
[QUOTE=sa.node;2357341]
I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
2011 which love is the honey.
h1techSlave
10-14 04:29 PM
This bill should be supported by all EB categories. 50,000 visas per year is significant.
more...
nath.exists
11-05 04:35 PM
Thanks a lot, you cleared all my doubts. Yes you are right i was confusing my case with the GC based on marriage.Thanks again.
go_getter007
10-19 06:57 PM
/\ Bump /\
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krishnam70
07-05 11:45 AM
Not a word said about this I485 fiasco on the two mostly watched networks (CNN, ABC). Why can't we try to get their attention in this matter. Please suggest ways of getting this published in the above networks.
I sent emails to CNN, ABC. NBC, FOX and know of atleast 2 more people who have done so. They are busy covering what Paris did in jail and why bush let libby out ..
I sent emails to CNN, ABC. NBC, FOX and know of atleast 2 more people who have done so. They are busy covering what Paris did in jail and why bush let libby out ..
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like_watching_paint_dry
09-07 12:56 AM
aiyo.. caal centers een india do butterr job of trraining weeth amreekan aaxent. that too een one month yonly at one tent the caast. they shud outsorce and use voip and doo enter-acteev training over yenternet. now heer is a phree busy-ness idea farr you. phorget new jerseey kaastly training.
more...
Mount Soche
12-07 09:03 AM
Yikes, I'm having a hard time believing your lawyer is a qualified immigration attorney...
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
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gparr
July 14th, 2006, 07:00 AM
I have reported the promotional post to Steve and I'm sure he'll remove it when he gets a chance.
Thanks Josh. I'd forgotten about this thread. It's about time for spider plants to bloom again. I'll have to find some and see if I can get some better images.
Gary
Thanks Josh. I'd forgotten about this thread. It's about time for spider plants to bloom again. I'll have to find some and see if I can get some better images.
Gary
more...
Oct007
12-13 09:57 AM
Jawbreaker,
Now we just wait and hope our names dont get stuck in the FBI namecheck and then hope that visa numbers will be available.
(there are a few threads for Namecheck)
If you are on H1B, keep renewing it
If you applied for EAD and plan on using it with another employer make sure your 140 is approved and you have waited for 6 months after the I485 Receipt date before moving to a similar job.
you might get a couple of LUD's on the 485 in the mean time. ( I got one as recent as last week - not sure what it means)
budget money for EAD and AP renewals. Damn those are expensive now with the increased rates
and If nothing happens in 15 months, get ready for one more FP appointment.
check IV and other forums and help others with questions.
Now we just wait and hope our names dont get stuck in the FBI namecheck and then hope that visa numbers will be available.
(there are a few threads for Namecheck)
If you are on H1B, keep renewing it
If you applied for EAD and plan on using it with another employer make sure your 140 is approved and you have waited for 6 months after the I485 Receipt date before moving to a similar job.
you might get a couple of LUD's on the 485 in the mean time. ( I got one as recent as last week - not sure what it means)
budget money for EAD and AP renewals. Damn those are expensive now with the increased rates
and If nothing happens in 15 months, get ready for one more FP appointment.
check IV and other forums and help others with questions.
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viper673
06-16 08:05 PM
The 180 days AC-21 rule only applies if your I-140 has been approved.
If you only have a receipt notice, then you don't have the option to invoke the AC-21.
Lay low...
If you only have a receipt notice, then you don't have the option to invoke the AC-21.
Lay low...
more...
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transpass
03-23 05:07 PM
Hello gurus,
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
As far as I know, the OPT A# is different from what you will get from filing 140. Once you receive 140 approval notice, it should have the A# which you can use on 485...If you don't have one or don't know, leave it blank...
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).
I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???
H1bdude1
As far as I know, the OPT A# is different from what you will get from filing 140. Once you receive 140 approval notice, it should have the A# which you can use on 485...If you don't have one or don't know, leave it blank...
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Dhundhun
06-05 09:09 PM
For H4:
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.
So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.
more...
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usr2004
01-25 02:31 PM
This is for FAFSA student aid application
I bought some UNITS from UNIT TRUST OF INDIA for my daughter when she was 1 year old back in India.
Do I need to report this as student asset? where does this asset fit in?
I am also facing all of the above issues for my daughter's college admission.
Thanks
I bought some UNITS from UNIT TRUST OF INDIA for my daughter when she was 1 year old back in India.
Do I need to report this as student asset? where does this asset fit in?
I am also facing all of the above issues for my daughter's college admission.
Thanks
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eastindia
12-21 10:33 AM
I am all up for it & won't mind doing it all...
Thank you.
What is the strategy and action items?
If you detail it out, more people can be interested. Do not ask us to send junk emails or sign some useless online petition though in your action item.
Thank you.
What is the strategy and action items?
If you detail it out, more people can be interested. Do not ask us to send junk emails or sign some useless online petition though in your action item.
more...
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saketkapur
01-05 04:58 PM
As per Ron Gotcher there might be bills that will be introduced comibined or separate by both Mccain and Lofregan as early as mid feb.....
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veni001
06-17 03:45 PM
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months and two to four months for USCIS to port.
Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.
Thanks...
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months and two to four months for USCIS to port.
Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.
Thanks...
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thomachan72
10-19 09:35 AM
Has anybody done that?
Questions;
1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
2) Has the new job title and responsibilities be very similar to the old one?
3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?
It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.
Questions;
1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
2) Has the new job title and responsibilities be very similar to the old one?
3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?
It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.
morchu
04-29 06:14 PM
I agree, that for most of the cases "approved" is a safer approach.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
jcrajput
10-16 11:41 AM
I am a July 2nd filer with PD of OCT 2006. I am planning to switch my employer using EAD. Should I notify USCIS with AC21? What is my best option? What is the risk?
I appriciate your help.
Thank you
I appriciate your help.
Thank you
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