franklin
04-15 09:19 PM
Just to be clear - where were you born? India or Britain? You can be a British citizen, but if you were not born there, you are counted under the chargeable area of India, not ROW.
There really is no "priveledge" that you will recieve, if you were born in the UK. As Roseball mentions, if you are ROW and can file EB2, your dates would be current when it comes time to apply for I145. If you file EB3, you'll be (currently) stuck in Retrogression at I145 stage.
FWIW - you need to maintain status in the US to retain your greencard.
There really is no "priveledge" that you will recieve, if you were born in the UK. As Roseball mentions, if you are ROW and can file EB2, your dates would be current when it comes time to apply for I145. If you file EB3, you'll be (currently) stuck in Retrogression at I145 stage.
FWIW - you need to maintain status in the US to retain your greencard.
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gc_chahiye
10-17 12:13 AM
I am in a confused situation, any thoughts / guidelines are greatly appreciated..
The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?
The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.
Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?
Thanks in advance
yes you can take up employment with C. If you get an RFE at any point within the next 180 days make sure B can give you an employment offer letter. post 180 days you can invoke AC-21 if you want and use C as your GC-Sponsoring employer.
The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?
The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.
Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?
Thanks in advance
yes you can take up employment with C. If you get an RFE at any point within the next 180 days make sure B can give you an employment offer letter. post 180 days you can invoke AC-21 if you want and use C as your GC-Sponsoring employer.
waitin_toolong
09-17 06:38 PM
2...... Or Not At All
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rhegde
09-09 09:28 PM
Hi,
I'm on L1B and wife on L2B with EAD and currently working. Both are expiring on Dec 30,2010. I got my H1 with COS, which is effective from Oct 01,2010 for 1 year and my wife got H4, effective from same time. My wife's company is filing for H1 for her and has already applied for LCA. After the LCA, they are not sure whether to apply for COS from L2 to H1 before Oct 1st or if they want to wait till Oct 1st and then file for new H1 with COS from H4 to H1. In the second case, she will not be able to work till she gets her H1.
Also if they file for H1 before Oct 1st with L2 to H1 COS, and if she gets RFE, then not sure whether the whole application is invalid as my wife's status would have changed from L2 to H4 during the course.
Please advice my options. Is it OK if her company file for new H1 with COS from L2 to H1 as soon as her LCA get approved with premium processing? Is it going to be a problem if she gets RFE?
Or is it adviseable to continue to be on L1/L2 till she gets H1? If yes, how can I change my status back to L1 before Oct 1st 2010? Can my company do it me? How long the process will take? I also heard that if I go abroad and come back, I will continue to be on L1. In that case should my wife acccompany me? Do I have to go out and re enter before Oct 1st?
If I change my status back to L1, what will happen to my H1? Will it still be valid? If I'm planning to change to a different company, can it be just transferred to that company and I can work there?
Please help.
Thanks
I'm on L1B and wife on L2B with EAD and currently working. Both are expiring on Dec 30,2010. I got my H1 with COS, which is effective from Oct 01,2010 for 1 year and my wife got H4, effective from same time. My wife's company is filing for H1 for her and has already applied for LCA. After the LCA, they are not sure whether to apply for COS from L2 to H1 before Oct 1st or if they want to wait till Oct 1st and then file for new H1 with COS from H4 to H1. In the second case, she will not be able to work till she gets her H1.
Also if they file for H1 before Oct 1st with L2 to H1 COS, and if she gets RFE, then not sure whether the whole application is invalid as my wife's status would have changed from L2 to H4 during the course.
Please advice my options. Is it OK if her company file for new H1 with COS from L2 to H1 as soon as her LCA get approved with premium processing? Is it going to be a problem if she gets RFE?
Or is it adviseable to continue to be on L1/L2 till she gets H1? If yes, how can I change my status back to L1 before Oct 1st 2010? Can my company do it me? How long the process will take? I also heard that if I go abroad and come back, I will continue to be on L1. In that case should my wife acccompany me? Do I have to go out and re enter before Oct 1st?
If I change my status back to L1, what will happen to my H1? Will it still be valid? If I'm planning to change to a different company, can it be just transferred to that company and I can work there?
Please help.
Thanks
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ilikekilo
07-19 05:49 PM
i cant speak for IV Core but ithink there is only so much IV can fight for...so I believe its a no....i can be wrong...however good luck my freind
JunRN
10-05 04:54 AM
YES! EAD is your license to work for any company, even for those not sponsoring you. It doesn't matter if your i140 is approved or not, you can work with EAD and that is legal.
more...
gawadejyoti
05-29 01:16 PM
L 1 expitration is 29 september 2009
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ss12345
05-06 01:45 PM
Thanks for doing this service which helps many ppl's lives.
My employer applied for H1 extn last year (sept'08) and after my project ended in Nov'08, I left to home country in Dec'08 (I-94 expired)and I recently came back on H4. I heardfrom my employer that I got an RFE asking client letter and due date was May 4th. He did not respond since I didn't have project. Now I am in the process of project confirmation, and I have to be on H1 to start working again,
1) Do I have to apply for new H1 (non-cap) or just apply for H4 to H1 COS or both? if 'both' then can I apply both in one package under PP? Can I start working on receiving receipt number?
2) Can I apply H1 with the same employer, will there be a problem since he did not respond to RFE before? or can I apply for H1 transfer to a different employer using the previous H1 receipt number(is the receipt number still valid) or apply for new non-cap H1?
My employer applied for H1 extn last year (sept'08) and after my project ended in Nov'08, I left to home country in Dec'08 (I-94 expired)and I recently came back on H4. I heardfrom my employer that I got an RFE asking client letter and due date was May 4th. He did not respond since I didn't have project. Now I am in the process of project confirmation, and I have to be on H1 to start working again,
1) Do I have to apply for new H1 (non-cap) or just apply for H4 to H1 COS or both? if 'both' then can I apply both in one package under PP? Can I start working on receiving receipt number?
2) Can I apply H1 with the same employer, will there be a problem since he did not respond to RFE before? or can I apply for H1 transfer to a different employer using the previous H1 receipt number(is the receipt number still valid) or apply for new non-cap H1?
more...
H1B-GC
09-21 05:26 PM
I want to keep this thread on top for a while to see how many People with priority date between Jan'05 and March 28th '05(Filed under RIR/NON-RIR) applied again in PERM. The reason is lot of Friends i know applied their labor again in PERM since the Old Labors filed under RIR were sent to BEC Center's in Phily and Dallas for 'cold storage' and forgot to port the dates after the old labor approval since the time regained was not big enough.
This gives us an fairly good idea to see how quickly the dates would move from Jan' 22nd '05 as many fear there might a huge figure here who applied between December '04 and March 28th '05 under the old process and before PERM kicked in .
Please do not forget to mention if you have ported the dates from your old labor.
Please contribute to this thread!!
This gives us an fairly good idea to see how quickly the dates would move from Jan' 22nd '05 as many fear there might a huge figure here who applied between December '04 and March 28th '05 under the old process and before PERM kicked in .
Please do not forget to mention if you have ported the dates from your old labor.
Please contribute to this thread!!
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jkamel5
06-06 10:48 PM
Thank you very much for these helpful inf
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msyedy
04-06 09:26 AM
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Using the following Google Customized search Engine
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ranand00
02-09 07:03 AM
Thanks for the reply
I thought cap to non-cap transfer could be done anytime
again if someone has similar experience or an attorney please reply
thanks
I thought cap to non-cap transfer could be done anytime
again if someone has similar experience or an attorney please reply
thanks
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ragz4u
04-26 11:59 AM
http://www.whitehouse.gov/news/releases/2006/04/20060425-8.html
THE PRESIDENT: I want to thank the members of the United States Senate for joining on a very important discussion, and the discussion was how to get a comprehensive immigration bill out of the United States Senate.
I will report to the American people that there is a common desire to have a bill that enforces the border, a bill that has interior enforcement -- in other words, a bill that will hold people to account for hiring somebody who is here illegally -- but a bill that also recognizes we must have a temporary worker program, a bill that does not grant automatic amnesty to people, but a bill that says, somebody who is working here on a legal basis has the right to get in line to become a citizen.
http://www.whitehouse.gov/news/releases/2006/04/images/20060425-8_d-0218-250h.jpg (http://www.whitehouse.gov/news/releases/2006/04/images/20060425-8_d-0218-515h.html) I thank the members, both Republicans and Democrats, for taking on this really hard, hard assignment. It's important that we reform a system that is not working. It's important that we uphold the values of the United States of America. It's important that we treat people with dignity.
And I strongly believe that we have a chance to get an immigration bill that is comprehensive in nature to my desk before the end of this year.
And again, I want to thank both the Republicans and Democrats for the spirit of hard work. I particularly want to thank Senator Kennedy and Senator McCain for taking the lead on this important bill on the floor of the United States Senate. And I assured the members that I look forward to working with them as they try to get a bill out of the Senate by Memorial Day and into conference.
Thank you all.
THE PRESIDENT: I want to thank the members of the United States Senate for joining on a very important discussion, and the discussion was how to get a comprehensive immigration bill out of the United States Senate.
I will report to the American people that there is a common desire to have a bill that enforces the border, a bill that has interior enforcement -- in other words, a bill that will hold people to account for hiring somebody who is here illegally -- but a bill that also recognizes we must have a temporary worker program, a bill that does not grant automatic amnesty to people, but a bill that says, somebody who is working here on a legal basis has the right to get in line to become a citizen.
http://www.whitehouse.gov/news/releases/2006/04/images/20060425-8_d-0218-250h.jpg (http://www.whitehouse.gov/news/releases/2006/04/images/20060425-8_d-0218-515h.html) I thank the members, both Republicans and Democrats, for taking on this really hard, hard assignment. It's important that we reform a system that is not working. It's important that we uphold the values of the United States of America. It's important that we treat people with dignity.
And I strongly believe that we have a chance to get an immigration bill that is comprehensive in nature to my desk before the end of this year.
And again, I want to thank both the Republicans and Democrats for the spirit of hard work. I particularly want to thank Senator Kennedy and Senator McCain for taking the lead on this important bill on the floor of the United States Senate. And I assured the members that I look forward to working with them as they try to get a bill out of the Senate by Memorial Day and into conference.
Thank you all.
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DareYouFireMe
02-11 12:14 PM
Assuming his I-140 gets rejected, is it going to impact his current EB3 process ? Remember, he is going to be on board with the new company only after I-140 process. By the way, new Labor will take atleast 5-6 months. Advertising, etc
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krishnam70
07-11 11:02 PM
If you have a job, getting a work permit will take only 4 hrs inside the consulate. No line. Give the passport and come back within 4 hrs to collect it.
No labor certification for computer(s/w for sure, dunno about h/w side for sure) professionals or petition. Need to show offer letter from the company and letter from company to the consulate.
1. Post on canadian job sites with local canadian address
2. get an interview call, canadian employers do not do interviews over phone like in the US. They ask for personal appearances.
3. If you land the job get an offer letter
4. Take the offer letter to the CCanadian embassy and get a work visa.
5. Once you enter Canada apply for Permanent residency.
cheers
No labor certification for computer(s/w for sure, dunno about h/w side for sure) professionals or petition. Need to show offer letter from the company and letter from company to the consulate.
1. Post on canadian job sites with local canadian address
2. get an interview call, canadian employers do not do interviews over phone like in the US. They ask for personal appearances.
3. If you land the job get an offer letter
4. Take the offer letter to the CCanadian embassy and get a work visa.
5. Once you enter Canada apply for Permanent residency.
cheers
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wizard
10-04 12:47 PM
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radhay
09-16 02:42 PM
Looks like 245(i) cases can be filed in any employment category. Most cases were filed in EB3 and very few in EB2. This is because EB3 category accommodates people with no education and with minimal experience via (i) (ii) and (iii) categories with in EB3.
It seems logical that EB3 was near current until 2005 as all the 245(i) cases were rotting in BEC centers. As BECs started clearing them EB3 got hit. Unfortunately none of us predicted this. There is no efficient way to separate them at 485 stage as they fall under various categories.
It seems logical that EB3 was near current until 2005 as all the 245(i) cases were rotting in BEC centers. As BECs started clearing them EB3 got hit. Unfortunately none of us predicted this. There is no efficient way to separate them at 485 stage as they fall under various categories.
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yabadaba
10-26 09:51 AM
She could join from the day when the papers for transfer was mailed, this is as per AC21 law. She does not need to wait to receive the receipt from USCIS.
yea its not a premium processing case. we r just trying to play it safe by waiting for the receipt. the new employer is not giving her grief or anything about joining quickly. the paralegal said that they are experiencing delays at uscis. i guess this whole bi-specialization thing is gona end up being another orginizational fiasco.
yea its not a premium processing case. we r just trying to play it safe by waiting for the receipt. the new employer is not giving her grief or anything about joining quickly. the paralegal said that they are experiencing delays at uscis. i guess this whole bi-specialization thing is gona end up being another orginizational fiasco.
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DDD
08-17 12:39 PM
enough talking.....Voets get back to work......lol.
greenhorn
06-10 04:08 PM
Folks,
Forgive me if this sounds rudimentary. It's only recently that i've become aware of the nuances of the whole GC process along with the mind-boggling delays.
Here are my qstns:
Is it ok to have 2 concurrent LCs filed from different employers only one of whom i am employed with, (the idea is that the first one that get's approved will be used for the 140 and/or 485 and the other withdrawn)?
Does it constitute a conflict of interest?
Or is the conflict only in the I-485 stage?
Does it cause any complications with LC or I-140?
Have any of you had to do this?
Thanks
Forgive me if this sounds rudimentary. It's only recently that i've become aware of the nuances of the whole GC process along with the mind-boggling delays.
Here are my qstns:
Is it ok to have 2 concurrent LCs filed from different employers only one of whom i am employed with, (the idea is that the first one that get's approved will be used for the 140 and/or 485 and the other withdrawn)?
Does it constitute a conflict of interest?
Or is the conflict only in the I-485 stage?
Does it cause any complications with LC or I-140?
Have any of you had to do this?
Thanks
rockstart
04-07 09:19 AM
With the new 180 days rule for NC I guess we should not be worrying too much about it.
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