zeus2000
04-07 02:18 AM
Hi, I have a few questions about H-1B and switching to B1/2 status. I was recently laid off, and have an effective termination date of Apr 27. My firm also told me that they typically notify USCIS of this on May 15th. I am currently looking for a new job, but want to also plan in case I don't find one. Thanks in advance for taking the time to read these questions and help me out with them.
1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?
3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?
7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
9. Did I forget anything? :confused:
Thanks so much again. I look forward to your helpful replies.
1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?
3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?
7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
9. Did I forget anything? :confused:
Thanks so much again. I look forward to your helpful replies.
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senthil1
05-04 09:51 PM
Minimum 60 days after President signs. It could be more than 60 days mostly specified in bill
what date is it likely to take effect (become a law)?
what date is it likely to take effect (become a law)?
sushilup
07-18 11:01 AM
Thank you for your response.
I will appreciate if you could answer these 2 questions.
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
I will appreciate if you could answer these 2 questions.
1- If 485 get denied, can I go to company-A and start working on approved H1B
2- Also, can I use approved 140 at company A (even 485 denied, since not working at A) to extend H1B for 3 years
You can use the approved I-140 from company A to get a 3 year H-1 for company B assuming your priority date is not current. However, because you have not been working for company A, you are technically not in valid non-immigrant H status and though Company B's H-1 petition should be approved for three years, the extension may not be granted. This means that at some point you would have to leave, get a new H visa and then return.
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whattodo21
04-29 11:44 AM
You can apply for an MTR, and if it is approved, you are safe. If not, you will be out of status from the day your petition was denied.
You can apply for H1 with another employer and have it premium processed.
Share your rfe with us, to know more of the reason...
You can apply for H1 with another employer and have it premium processed.
Share your rfe with us, to know more of the reason...
more...
Mahatma
10-22 08:18 AM
Moon mission is quite a technological jump! As per APJ, it all starts from looking into the sky and dreams....imagination, creativity.....
American dream is also lots of ups and downs....
Indians in IT and NASA are products of those dreams....
Nuclear cooperation between India and the US would change energy, infrastructure and development equations fundamentally...
All of the above impact us fundamentally as well.
Why STOP this thread as long as the context is technology, our future and life in 21st century?
American dream is also lots of ups and downs....
Indians in IT and NASA are products of those dreams....
Nuclear cooperation between India and the US would change energy, infrastructure and development equations fundamentally...
All of the above impact us fundamentally as well.
Why STOP this thread as long as the context is technology, our future and life in 21st century?
permfiling
08-14 12:07 PM
I have my old employer visa and I-94 valid till mid next year. My new employer had filed a H1 extension with CSC which was denied but I got a H1 approval notice without I-94 stub. I was told by my attorney to go to canada and get a new I-94 card as I have a visa stamped which expires july of 2011. Being in west coast, I was planning to go to vancouver. Any one been through this, please post your experiences.
Thanks
Thanks
more...
whitecollarslave
09-22 10:45 AM
I will be going to a USCIS roundtable on customer service on Sept 23.
I am being told that this roundtable is with other USCIS customers facilitated by USCIS staff. From what I know, the focus will be on customer service.
Did anybody else sign up for this?
If you have any comment/feedback/experience related to customer service that you want to share, please contact me.
I am being told that this roundtable is with other USCIS customers facilitated by USCIS staff. From what I know, the focus will be on customer service.
Did anybody else sign up for this?
If you have any comment/feedback/experience related to customer service that you want to share, please contact me.
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eb3retro
06-18 09:42 PM
Almost a good percentage of IV members are ready to file their I-140/I-485. I was one of the fortunate ones who will be able to file I485, due to the date moving from 2001 to 2003 last month for Eb3. The moment I got this happy news that I can file I-485, I celebrated by contributing $20 to IV. And my request to all of you who are in good spirits as of today due to the dates being current for I140/485, please do the same. This will help IV to continue fighting for the removal of retrogression to the best extent. I am sure all of us agree with me, that there is a long way to go in the journey of this GC. So, please contribute.
So many views at this thread, but no response..hmmmm...
So many views at this thread, but no response..hmmmm...
more...
skbPad
10-16 04:08 PM
Hi Guys,
On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven�t done any mistake.
In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don�t know how long it will take now to get her receipts and how long she can stay.
I have tried calling USCIS � Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.
Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?
Thanks
skb
On July 2nd I have applied for my wife (EAD, AP, I485) and have waited for 3 months (October 1st) to hear that USCIS has rejected her application due to wrong fees (But we have sent them the correct fees)
My Lawyer immediately sent back the application to USCIS saying that the Check we have sent is correct and it is before increasing the fees and we haven�t done any mistake.
In the meantime on July 16th I got my 485 approved and got my GC. So now we were worried as my wife is already out of status and don�t know how long it will take now to get her receipts and how long she can stay.
I have tried calling USCIS � Every time same answer -- you have to wait, you have to wait No records in the Database. Yesterday when I called, a Lady answered the phone and she said we need to wait 90 more days again as it is like a new Submission and it was a shock for me after hearing that.
Can any body suggest me what to do in this kind of situation? Is there any body in the same situation?
Thanks
skb
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amitk81
07-14 06:47 PM
This morning I received a phone call from NAVRS (appointment system) about my H1B appointment.
The phone call was to give me a heads up that my visa might require an additional 2 weeks processing time (has any one received similar calls)?
My I485 is currently pending with a priority date of Jan-2007 (EB2) and this is my 3-year extension, last extension was stamped at US consulate of Toronto (2nd extension).
Can anyone share his or her experience in a similar situation?
Thanks
Amit
The phone call was to give me a heads up that my visa might require an additional 2 weeks processing time (has any one received similar calls)?
My I485 is currently pending with a priority date of Jan-2007 (EB2) and this is my 3-year extension, last extension was stamped at US consulate of Toronto (2nd extension).
Can anyone share his or her experience in a similar situation?
Thanks
Amit
more...
ztopia
03-31 02:32 PM
123 & others,
If u guys transferred over ur H-1, did u wait until u got the actual USCIS receipt (for the H1 transfer) before u started working at the new company?
If u guys transferred over ur H-1, did u wait until u got the actual USCIS receipt (for the H1 transfer) before u started working at the new company?
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gcisadawg
06-26 01:16 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
more...
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sanan
08-02 01:42 PM
Sure can! See the tracker. There is at least one person who filed in Texas and has his/her EAD approval date before the Finger Printing date
I also had got my EAD way before my 1st FP - but that was in 2005
Did anyone get I485 based EAD before the first FP? Thank you!
I also had got my EAD way before my 1st FP - but that was in 2005
Did anyone get I485 based EAD before the first FP? Thank you!
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BharatPremi
03-27 03:17 PM
Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)
more...
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martinvisalaw
10-14 04:16 PM
I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.
If she needs the AP to return to the US, then she cannot leave until she has that AP in her hand. However, she may be able to return in H or L status IF she has been maintaining that status . If she is in a dependent status (H-4 or L-2), she can use that to return if you are maintaining the principal H-1B or L-1 status and if she has not worked.
If she needs the AP to return to the US, then she cannot leave until she has that AP in her hand. However, she may be able to return in H or L status IF she has been maintaining that status . If she is in a dependent status (H-4 or L-2), she can use that to return if you are maintaining the principal H-1B or L-1 status and if she has not worked.
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amengiv
01-14 10:16 AM
a2k2, Thanks a lot and best wishes!
more...
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amitjoey
01-04 11:21 AM
Dear Vatsa,
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
Absolutely right. Join the Add a member campaign. We already achieved a minor goal of becoming 8000 strong way before the goal-date of Jan15th. But we really need to be 10,000+ strong.
I'll tell you what it takes.
It takes strength, both in membership and money. And the former helps bring the latter.
Please help introduce a member to IV by Jan 15th. Help create our own voice (to break the annoying silence that you talk about).
Encourage others to participate in the Add ONE Member campaign started by IV.
Thank you.
Absolutely right. Join the Add a member campaign. We already achieved a minor goal of becoming 8000 strong way before the goal-date of Jan15th. But we really need to be 10,000+ strong.
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nixstor
03-31 08:37 PM
Hi Guys,
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Are you sure she is talking about EB immigration on Apr1st, the day when USCIS starts receiving H1B lotto applications? I will be surprised if networks are willing to talk NON H1B issues on APR 1st.
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Are you sure she is talking about EB immigration on Apr1st, the day when USCIS starts receiving H1B lotto applications? I will be surprised if networks are willing to talk NON H1B issues on APR 1st.
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pinganand
07-04 10:35 PM
Hi,
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.
thanks!
Anand
My spouse (Indian citizen) has received an RFE for her derivative I485 application.
Her birth certificate has a different first name than her passport. We had filed the birth certificate and an affidavit from her parents attesting to the change. But that doesn't seem to be sufficient.
The RFE states:
"Your birth certificate indicates that your first name is XXX and not YYY. Please explain and submit additional documentation in support of your claim".
...
"Copies of the personal pages in your passport OR affidavits are not sufficient to establish a legal name change. Court documents submitted as evidence of name change must have been registered with the proper civil authority".
We now plan to submit the following:
1. Court Affidavit filed by my spouse's father at that time of legal name change, at age 3. This affidavit was before a Sessions Judge in India. This was the legal process of changing her name at that time.
Will this be sufficient? We don't understand what it means for a court document to be registered with the proper civil authority. Can you please advice?
2. My spouse has a Certificate of Age, Domicile and Nationality issued by the State Goverment of Maharashtra that refers to the new first name and also refers to the birth certificate as well, as proof.
Will that count as sufficient "registration with civil authority"?
I would appreciate if someone who has go through this issue would comment on the proper ways of addressing this.
thanks!
Anand
tdasara
03-25 12:24 PM
While its true, a cousin of my mine applied when PD was not current and got her EAD while her husbands 485 was pending (still pending)
Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.
I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!
Now, its a different issue that she/he get RFE whenever they apply for EAD renewal and once had to do a MTR.
I can only guess that if the adjudicator checks the date of application before approving the 485, they might be in trouble!
scorpionk
05-17 08:24 AM
Your first part of the question, so if I find an employer in Canada, then can I work for that company in the US without loosing the PR dates ? Are there are any complications to this ?
What about the spouse and children, can they stay in the US too or do they have to stay in Canada ?
Is the PR years counted only for the principal applicant or for all applicants?
Any help would be appreciated.
Thanks
What about the spouse and children, can they stay in the US too or do they have to stay in Canada ?
Is the PR years counted only for the principal applicant or for all applicants?
Any help would be appreciated.
Thanks
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