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  • pt326bc
    10-02 03:54 PM
    r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
    thanks
    That's the fundamental idea behind the green card process; Green Card is for a "future job".
    There is no legal requirement that you have to be employed by a firm at the time the green card process is initiated (Labor Certification).
    There is also no legal requirement you even be in US (ever) before the process is initiated.
    The only legal requirement is that you work for the employer for some time (a few months is what the general consensus of lawyers seems to be) AFTER you receive your green card.
    Regards.




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  • miguy
    06-16 01:52 PM
    anyone?




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  • hpandey
    12-24 03:29 PM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks

    If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .

    If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .

    What you are suggesting is certainly possible but complicated.

    Easy way would be to go on AP and use your EAD and AC21 to move to another company .

    But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .




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  • eb3retro
    09-28 09:35 PM
    I will keep it with me until you come back and for sure will return it back to you..you are not believing me..come on???:D:D:D I promise...;););) I will return it safely..

    Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?

    If you have any experience doing this, please do share it here.

    Thank you.



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  • webm
    05-21 04:30 PM
    Hi,
    I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.


    USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.

    I have applied EAD/AP renewals last April 22nd and got the receipts in 2weeks and today got CRIS email "Card Production Ordered" from TSC..so may be in 30days it should be on hand...Our's also expires in August...

    It sounds like they are processing fast..dont panic keep hope!! Give it some time..

    ------------------------
    EAD/AP renewal--TSC




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  • purplehazea
    05-15 12:15 PM
    This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.



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  • mallu
    03-04 09:31 PM
    It's not like he suddenly realized something. The only reason they changed the policy is that they got sued. Period! :mad: They continue the sabotage with processing dates going backward (which is never supposed to happen!), etc, because they feel no threat to their well-being.

    Now USCIS has started finding other reasons , so that their processing times can become sane. "Additional Review" , "RFE for documents issued by INS 10 years ago" etc.

    And one example : http://boards.immigration.com/showpost.php?p=1871043&postcount=2902




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  • webm
    10-05 01:17 PM
    "7. Aytes said they are trying to set it up that next year the EAD and Advance Paroles will be issued for more than a one year expiration and that there may possibly be one document issued for both the EAD and APs. More on this will come by the end of the year"

    This news is interesting..looking forward to it....:)



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  • h1b_tristate
    07-28 08:35 PM
    Hi Everyone,

    Thanks for your replies. I called a couple of lawyer offices and this is the response i got.

    For the candidate to switch jobs here are the rules:

    1) The labour in the new company should be filed 365 days BEFORE the end of the second H1B.
    AND
    2) To keep getting 3 year extentions, your I-140 in the First company should be approved
    AND
    3) The First company should NOT revoke your existing Green Card application.




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  • pd_recapturing
    02-27 08:47 AM
    180 days are counted from RD of I-485 but its safer to count it from notice date to avoind any issues.



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  • gcloner
    03-28 02:39 PM
    until today my I485 was 60 days outside the processing times.
    Now it is not.
    I had previously inquired (service request) what's up, I was told by phone they cannot even process SR because they are more than 60 days behind published dates.

    Things that caused Nebraska to move back:

    Transfers from Texas Service Center
    180 day name check rule
    Some categories moving forward in VB, and they had not been doing pre-adjudication.
    They are trying to make processing dates reflect reality (and reduce service requests)

    The only logical thing was to move the processing date back, if only to reduce the service requests coming in.

    I don't know if they still have to process my SR, it was raised when 60 days behind, but now it is only about 34 days behind.

    This is some sign of some LIMITED attempt to process as FIFO for receipt date.

    hi there! but what if mine's rcpt date is july 21? the last processing time was July 30, 2007??? my friend who has a rcpt date of July 19 got her gc already. Do you think they already finished processing the cases from July 20-July 30?? cause its been a month and they should finish it before they moved back because it's just 10 freakin days! right? last january 2008 they processed from april 2007-June 19 (my friend had hers already).. im so upset




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  • Lisap
    08-03 12:30 PM
    Libra-

    I apologize for upsetting you- I am not a pro at this just joined yesterday- can you give me a break? Next time I will send you a note to see where you think I should post....



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  • anishNewbie
    09-10 02:54 PM
    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....




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  • brb2
    08-06 01:22 PM
    Honorable Senator Specter

    Did you know that during the immigration debates, the most shrill voices against �immigration reform� (legitimizing illegal immigrants) was by legal immigrants who are living here in the US, and waiting for green cards, while their spouses are not allowed to work (half a million at the most recent count). Others who were against the reforms were immigrants who came here legally after waiting years, and are now green card holders. Democrats and liberal Republican senators have shown no empathy for legal immigrants and US citizens in their zeal for legalizing illegal immigrants through "immigration reform". I was not surprised to see just a single statement in your article, at the far end (probably as an afterthought) about green cards for legal skilled immigrants. Over 350,000 legal immigrants (99%) of who have nothing to do with crime are stuck in FBI name checks, and are unable to naturalize. Another 500,000 highly skilled legal immigrants (Doctors, Engineers etc) most of whom studied in the US, are stuck in retrogression (from countries such as India, China, Philippines etc). These legal immigrants are not even on your radar, even as Senators such as yourself, Ms. Diane Feinstein and others loose no opportunity to try to provide amnesty for the 12 million people who crossed over the border with scant regard for US law. You want to reward these people ahead of any �reform� for legal skilled workers. So much for President Bush�s statement about �putting these undocumented workers at the back of the line�. I don't think the American citizens will ever buy this lopsided reform. Genuine Border control is being held up as bait, for legalizing 12 million people. Please attend to border control and solve legacy problems of legal skilled immigrants already in the US, before doing anything on legalizing �undocumented workers�. Why is this so hard for our honorable congressmen and women to understand?

    Lastly neither USCIS nor the FBI is able to timely service the legal immigrants already here, how do you propose to process the illegal immigrants without causing huge delays for those who played by the rules?



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  • joydiptac
    05-11 07:51 PM
    - What it means is different depending on who you say it to and also the context.
    In a meeting when you say that it means you either don't have a clue or you don't want to talk about it as it either is less important than what ever else you have to say or it will only prove how inefficient you are.

    However, when you say that to the Senate committee it means that you will have to get back with at least a 3-10 page report. It would have helped had Myorkas been more supportive upfront but what the heck... The Senators already know the answer anyway. They were just asking for support from Myorkas.
    FWIW




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  • gatsat
    10-08 03:23 PM
    No. Is there any way to get it delayed till my marriage ?



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  • snathan
    02-09 09:23 PM
    Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

    So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

    Celebrate the good news and donate here at


    http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000




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  • eilsoe
    10-03 12:43 PM
    did ya...?

    Hmm, must check it then....




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  • jonty_11
    04-29 03:21 PM
    From the title of the thread seems like u already got an RFE...please use good judgement in naming threads....




    saimrathi
    07-03 11:41 AM
    Dont tell me you never take vacation ;-) If that is true, I will hire you.

    Please hire me.. since you are all set yourself... Lets be practical.. I think contacting the media should be your top priority.. I have done it already, why dont u use your precious time there...




    bestia
    08-08 09:08 PM
    ...you can also consider getting married :) which will open up more options for you

    ... as well as closing down many other... ;)



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