keyboard2pc
06-12 12:54 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!!!!!
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!!!!!
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Navkcl
06-22 11:49 AM
Thanks for the advise ...
thankgod
05-13 09:40 AM
I have ben working with employer A on an H1B ( even labor and I-140 approved, PD-April2009) and planning to apply for H1 transfer now through employer B.
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
You can continue your work with Employer A. Just ignore about B.
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
You can continue your work with Employer A. Just ignore about B.
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singhsa3
08-08 01:03 PM
What good is the processing if it does not result in Green Card Production..
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
How do you know that NSC is not processing the post April 2004 EB-2 cases? any source like infopass or calling the customer service?
more...
sanju
09-05 01:25 PM
I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
ashutosa
07-31 11:59 PM
Dear Madam,
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
My wife is also in the same situation, I am not sure if you have found the response from anyone, but i would really appreciate if you can share your findings about the same question..
Regards,
-AShu
more...
optimist578
10-17 07:37 AM
I am in the same situation as thesaintmav. My priority date is Mar 03.
I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.
Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.
I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.
Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.
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IV2007
04-02 12:53 PM
Can we have multiple jobs while on EAD ? say I ditch my H1 & convert to EAD.
Then can I have mulitple jobs, say I start a company, or work for others as well ?
Then can I have mulitple jobs, say I start a company, or work for others as well ?
more...
satishku_2000
05-16 10:38 PM
We can all hope for the best, Is this an attempt by some vested interests to kill the H1b altogether and kick out all H1bs slowly?
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Kodi
05-28 11:55 AM
I have the same question. What is the process of renewing once its already expired? Should a new application be submit? Can we do it on our own without going through a lawyer?
Thank you
Thank you
more...
reddy77
12-16 05:40 PM
Hello Immi Gurus,
My wife's Advance Parole is approved and we moved to the new address on the same day they mailed the document, I have updated the Address with USCIS online after couple of days. Its been 10 days and I still didn't get Advance Parole to my old Address, been checking with the present owners about the mail. They have removed our name from the slip which is inside the mail box. I am not sure whether post office returned it or still didn't get the document.
Please advice whats the next step, Should I wait for couple of more days and then call the USCIS? In case, if the document is returned to USCIS, how difficult is to get the document again to the new Address, we are planning to go to India soon.
I would really appciate if someone could update me on this. Thanks so much ....
My wife's Advance Parole is approved and we moved to the new address on the same day they mailed the document, I have updated the Address with USCIS online after couple of days. Its been 10 days and I still didn't get Advance Parole to my old Address, been checking with the present owners about the mail. They have removed our name from the slip which is inside the mail box. I am not sure whether post office returned it or still didn't get the document.
Please advice whats the next step, Should I wait for couple of more days and then call the USCIS? In case, if the document is returned to USCIS, how difficult is to get the document again to the new Address, we are planning to go to India soon.
I would really appciate if someone could update me on this. Thanks so much ....
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jonty_11
06-15 01:17 PM
This from Immigration-law.com
06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing
The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.
06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing
The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.
more...
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wandmaker
08-26 08:29 AM
Hi,
I have a situation and will appreciate thoughts on that. I was working in a company on H1B and my company got closed and Moved back to India after 2-3 months.
Now I found a new employer who has a project for me but want me to join in 1-2 weeks. SO I was wondering what options do I have?
Is it possible to apply for B1 for some time and come and simultaneously apply for H1 Transfer.
Please let me know. Your help is appreciated.
Thanks
Maya
B1/B2 is not intended for work (or to even to seek work) - The best way is to apply for H1 in premium, get it stamped and go back. If everything goes smooth, total turnaround time would be 4 weeks tops.
I have a situation and will appreciate thoughts on that. I was working in a company on H1B and my company got closed and Moved back to India after 2-3 months.
Now I found a new employer who has a project for me but want me to join in 1-2 weeks. SO I was wondering what options do I have?
Is it possible to apply for B1 for some time and come and simultaneously apply for H1 Transfer.
Please let me know. Your help is appreciated.
Thanks
Maya
B1/B2 is not intended for work (or to even to seek work) - The best way is to apply for H1 in premium, get it stamped and go back. If everything goes smooth, total turnaround time would be 4 weeks tops.
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yogi13
06-28 10:32 AM
Sorry but I posted there also. But no one responded to that.... so posted as new thread.
Thank you
Thank you
more...
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eb3India
06-22 10:35 AM
Congradulations again to all those IV memeber who are getting Green card approvals and goodluck to all those members who are able to file their I485 and get EAD, just to be out of H1B /H4 clutches and one more step closer to green card
As current drastic visa movment proved the fact that for IV members main issue is not current law but itz implimentation. a change in law will certainly help, but thatz not our big problem
I would like to discuss your IV future agend with current situation, Please post your opinion how you think IV should procede based on current situations.
I belive IV should now concentrate more on making sure current law is implimented in a more effeciant way, make sure USCIS does not waste any visa numbers, we need to push for speeding citizenship processes and makeup for loss time during retrogression
IV should stop chasing CIR which has nothing for us and itz very controversial
IV is for legals and we should concentrate only on whatz good for us
I really appreciate core members opinion
by the way I got my approval for my I485
As current drastic visa movment proved the fact that for IV members main issue is not current law but itz implimentation. a change in law will certainly help, but thatz not our big problem
I would like to discuss your IV future agend with current situation, Please post your opinion how you think IV should procede based on current situations.
I belive IV should now concentrate more on making sure current law is implimented in a more effeciant way, make sure USCIS does not waste any visa numbers, we need to push for speeding citizenship processes and makeup for loss time during retrogression
IV should stop chasing CIR which has nothing for us and itz very controversial
IV is for legals and we should concentrate only on whatz good for us
I really appreciate core members opinion
by the way I got my approval for my I485
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logiclife
06-22 12:18 PM
Did anyone (or spouse) applied for Social Security No. who were using ITIN before, for tax purposes. I have applied for 485 and EAD and plan to apply for my wife's Social Security once I get the EAD. Are there any tax filing implications? How to switch to this new number and still be able to e-file next year (assuming I get EAD this year)?
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
You are worrying about something too early.
Anyways, next year, you need to write your wife's SSN instead of ITIN in the field on 1040 form where it says "SSN". Usually, in absence of SSN we mention ITIN. but after you get SSN, use SSN.
As far as tax implications, there wont be any tax implication if she gets SSN but does not work. If she does not work then it doesnt really matter whether she has SSN or ITIN, you will be able to file as "Married filing jointly" status (where the tax is the least).
If she does work, you will still be able to file as "Married filing jointly" status but ofcourse, her income would be taxable and you will have to include her income from her W2s also.
Anyways, you have a lot to worry about things before April 2008.
more...
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NolaIndian32
02-14 01:03 PM
Hi Louisiana,
How do we go about setting up a State Chapter? Are there just the three of us from LA? I am in NOLA (d'uh, my alias is a dead giveaway).
What's the next step?
How do we go about setting up a State Chapter? Are there just the three of us from LA? I am in NOLA (d'uh, my alias is a dead giveaway).
What's the next step?
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go_guy123
04-20 11:06 PM
RIP: Paying final tribute to John McCain's deceased integrity (http://azstarnet.com/news/opinion/article_68f0d9ac-647b-51be-b53a-a847beffe0d2.html)
We are gathered here today to pay our final respects to John McCain's integrity.
It died recently - turned a triple somersault, stiffened like an exclamation point, fell to the floor with its tongue hanging out - when the senator told Newsweek magazine, "I never considered myself a maverick."
Statesman to politician!!!!!
As a politician he is focussed on getting re-elected and he is moving in the direction of
political wind. The atmosphere against immigration in US has turned toxic in recent years, exactly the very reason why democratic party is not keen on CIR.
We are gathered here today to pay our final respects to John McCain's integrity.
It died recently - turned a triple somersault, stiffened like an exclamation point, fell to the floor with its tongue hanging out - when the senator told Newsweek magazine, "I never considered myself a maverick."
Statesman to politician!!!!!
As a politician he is focussed on getting re-elected and he is moving in the direction of
political wind. The atmosphere against immigration in US has turned toxic in recent years, exactly the very reason why democratic party is not keen on CIR.
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m0r1arty
10-24 10:30 AM
Since there is a few of us up for it, lets try to make it happen. How shall we upload / moderate and so forth.
Swish-db have a pretty good system for integrating Swish / flash and PHP, could bung it on the back end of there.
We could put it here if you've got the resources Kirupa.
LETS GET IT ON!!!
(best try to make something now I s'ppose :x )
-m0r
Swish-db have a pretty good system for integrating Swish / flash and PHP, could bung it on the back end of there.
We could put it here if you've got the resources Kirupa.
LETS GET IT ON!!!
(best try to make something now I s'ppose :x )
-m0r
rajmehrotra
10-19 09:46 AM
one will get GC awarded if he crosses border illegally and becomes a victim.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
This is insane.
http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa
Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?
The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.
Steve Mitchell
February 11th, 2006, 08:12 AM
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