moonrah
07-22 11:46 PM
Hi,
I am in unique situation and need help in decision making. I am on H1B and my labor is pending. My sixth year on H1B will start in three to four months. I do have couple of months of vacation that I can recover in six year of H1B.
My project ends in six months then I have been told that I have to leave the company and when I leave I will get good amount of money from my employer.
I might have other offer from some small (<100 employees) consulting company. My current employer is a giant (> 50,00) company.
I have two options:
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
My dilemma is:
With option 1, I might not have enough time at the end of my project to find new employer and file new PERM. Even if I find new employer, I might not have enough time on my H1B to extend it beyond six year. In, this case I will end up going back to my home country.
With option 2, my new PERM might be filed but I don�t know how reliable the company is as it is a body shopper and boast of no problem with the company. I also don�t know if I do H1B transfer will I get any kind of RFE? Will my PERM process face any issues? Will I get any stamping problems? How long my employment will last? And if I change to this employer, I will lose that good chunk of money.
Gurus, please help and advice with your experience. If anybody has experience transferring H1B from big company to a small company please share. Please share your recent experience with small consulting firm either ways.
I am in unique situation and need help in decision making. I am on H1B and my labor is pending. My sixth year on H1B will start in three to four months. I do have couple of months of vacation that I can recover in six year of H1B.
My project ends in six months then I have been told that I have to leave the company and when I leave I will get good amount of money from my employer.
I might have other offer from some small (<100 employees) consulting company. My current employer is a giant (> 50,00) company.
I have two options:
1. Stick with my current company and take the money.
2. Switch to new employer right away and file new PERM.
My dilemma is:
With option 1, I might not have enough time at the end of my project to find new employer and file new PERM. Even if I find new employer, I might not have enough time on my H1B to extend it beyond six year. In, this case I will end up going back to my home country.
With option 2, my new PERM might be filed but I don�t know how reliable the company is as it is a body shopper and boast of no problem with the company. I also don�t know if I do H1B transfer will I get any kind of RFE? Will my PERM process face any issues? Will I get any stamping problems? How long my employment will last? And if I change to this employer, I will lose that good chunk of money.
Gurus, please help and advice with your experience. If anybody has experience transferring H1B from big company to a small company please share. Please share your recent experience with small consulting firm either ways.
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darshan1226
02-13 01:43 PM
Please keep your sarcastic remarks to yourself, you're not helping. It is appreciated when someone share some USEFUL information.
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immi_enthu
10-01 04:58 PM
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
Going by the fact about what happened to the labor certification cases filed before April 2005 (They were sent to BECs and most of them were stuck there till December 2007). But the labor certifications by the new PERM system where approved within weeks. I am afraid same would happen if the new point system comes into place while the old GCs will be stuck until several years.
Ofcourse most of them will apply again through the new system if this happens. In a way forced to apply again in the new system.
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texanguy
10-02 09:30 AM
Sorry I didnt see the thread. Still dont actually. Where is it? Thanks.
http://immigrationvoice.org/forum/showthread.php?t=21782
http://immigrationvoice.org/forum/showthread.php?t=21782
more...
desi3933
07-06 12:24 PM
As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
From legal point of view - there is no unused visa numbers. USCIS can issue not more than 140k GCs. Since it is "not more than", there is no unused visa numbers.
As per law, it is not permitted to carry over remaining visa numbers either.
Only a new bill can "claim" visa numbers this way.
__________________
Not a legal advice.
I believe this is the provision we should fight for instead of CIRcus.
What are your thoughts?
Thanks
Sree
From legal point of view - there is no unused visa numbers. USCIS can issue not more than 140k GCs. Since it is "not more than", there is no unused visa numbers.
As per law, it is not permitted to carry over remaining visa numbers either.
Only a new bill can "claim" visa numbers this way.
__________________
Not a legal advice.
humdesi
12-21 08:30 PM
If you were born in India, EB-2 or EB-3 doesn't matter.
Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.
Good luck!
Absent any legislation, it is estimated both will take anywhere between 20 to 40 years to get to current date.
Good luck!
more...
gc_dreamer_485
10-05 07:13 AM
I did call them several times in an attempt to talk to different individuals, but all them have said try contacting the area post office. I don't think area post office will be able to give any other information.
Are you considering to re-file the case. Or would u be waiting to get the packet back?
Are you considering to re-file the case. Or would u be waiting to get the packet back?
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Pagal
11-21 04:42 AM
Hello,
If you want to go through the process for UK visa, then it is much better to get the 10 year multi entry visa ... it costs you bit more, but then you don't have to worry about transit visa anymore (esp when BA, Virgin, Jet and Kingfisher offer good deals)...
The 10 yr visa takes 2 weeks flat...
If you want to go through the process for UK visa, then it is much better to get the 10 year multi entry visa ... it costs you bit more, but then you don't have to worry about transit visa anymore (esp when BA, Virgin, Jet and Kingfisher offer good deals)...
The 10 yr visa takes 2 weeks flat...
more...
moonrah
07-23 11:32 AM
Yes that is correct.
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geevikram
05-19 02:59 PM
I missed the bus and would love to get my hands on EAD!!!
more...
eb3retro
04-09 01:01 PM
Yes I have been in US since 1991. Here is my story.
1991 1996 - Did Bachelors in US.
1996 -1998 - Masters
1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.
Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.
I wont really believe till I have card in my hand. Difficult to trust USCIS.
congrats dude. ur pd should be 1991 instead of 2001. You really deserve it. have fun.
1991 1996 - Did Bachelors in US.
1996 -1998 - Masters
1999 - 2009 - On H1. Have been with same firm for over 10 yrs though I have had several promotions. Always kept H1 though spouse started working on EAD in Jan 2009.
Its been some wait. There have been time I felt so frustrated with this process I literally cried or felt like punching someone.
I wont really believe till I have card in my hand. Difficult to trust USCIS.
congrats dude. ur pd should be 1991 instead of 2001. You really deserve it. have fun.
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waitin_toolong
11-19 09:36 AM
as long as the I-797 is current the expired stamp does not matter but do send a copy of it.
You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.
But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.
As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.
For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.
You dont have to renew EAD if she is not working and save $340. Her next EAD (whenever she applies) will be a new Application.
But do remember it always takes time to obtain an EAD so if she needs it any time in future she will have to wait so be very sure about not working. EAD is not a proof of legal status only an authorization toi work so you dont need it if you dont plan to work.
As for AP, unless you dont plan to travel even for emergency reasons of have valid H1 stamped or can get it stamped you dont need it.
For wife make sure her travel is not in between applications. She should travel with an approved AP and apply for renewal and wait for it to be approved before she departs the country.
more...
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akred
01-01 06:40 PM
The premise is that a recession will lower demand for worldwide numbers which will then flow to retrogressed categories due to the AC21 rule.
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rockstart
07-14 08:02 AM
First of all its a law so you need to do it. Secondly its not very difficult a very small form on USCIS website to fill and add your pending cases to it. Will not take more than 5 minutes so just do it. There is nothing to lose by filling it.
Hi Everyone,
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
Hi Everyone,
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
more...
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shana04
01-21 09:29 AM
But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?l
Nothing
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21
But, once you get your GC you need to join employer A
Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)
Good luck
Nothing
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21
But, once you get your GC you need to join employer A
Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)
Good luck
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Gotens
09-02 04:49 PM
hello :D
the best way to handle archives done in photoshop is PNG, in the window of your library you can modify the file as you like
for vectors use illustrator, in flash you can open the archives directly (importing like .ai or .eps)... if you use corel draw, exists and exporter to SWF you can find it in the site of corel
the best way to handle archives done in photoshop is PNG, in the window of your library you can modify the file as you like
for vectors use illustrator, in flash you can open the archives directly (importing like .ai or .eps)... if you use corel draw, exists and exporter to SWF you can find it in the site of corel
more...
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ashwaghoshk
08-18 01:40 PM
@ Meet
You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.
Hope that helps.
You will not get new H1. Your remaining time on H1 will be extended once you decide to do COS from H4 to H1. If you were out of country for one full year ony then you will get NEW H1 and then the new fee hike applies to you.
But if you were not out of country for one year then you will get the same H1 extended for the remainder period (6 years minus what ever you have used so far). The new fee hike applies to new H1 applications only.
Hope that helps.
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gcseeker2002
04-28 05:50 PM
Below is my understanding as I searched for answer sometime back.
yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.
If anyone thinks othewise, letme know.
There is a major thread in this forum about changing jobs after 140 and keeping old PD if we file new labor and 140 with new employer. Many people even confirmed this with their lawyers, now why is the issue of Ac21 not invokable coming up?? If you have approved 140 go ahead, get your 3 yr extension of h1b and transfer it to some other employer, only problem, you have to restart the process but will get old PD after labor.
yes, you can change employer. You have to get into similar job. The only problem is your H1 extension. For that, the old employer should not revoke the I 140. You old labor should be valid until you finish the GC process.
If anyone thinks othewise, letme know.
There is a major thread in this forum about changing jobs after 140 and keeping old PD if we file new labor and 140 with new employer. Many people even confirmed this with their lawyers, now why is the issue of Ac21 not invokable coming up?? If you have approved 140 go ahead, get your 3 yr extension of h1b and transfer it to some other employer, only problem, you have to restart the process but will get old PD after labor.
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485Mbe4001
03-20 02:56 PM
instructions from Oh's site
03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire
AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
Those Who Are Subject to the New Law:
Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.
Those Who Are Not Subject to the New Law:
H-1B petition to extend the H-1B status (EOS) of a current employee with
the same employer (TARP funded).
H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.
03/20/2009: USCIS to Release Answers to Scope of TARP-Funded Employer Restrictions to H-1B New Hire
AILA has reported the USCIS update on this issue dated 03/20/2009. According to this USCIS release which may be released on its website soon, the people will be either subject to the new law or not subject to the new law:
Those Who Are Subject to the New Law:
Any LCA or petition filed on or after 02/17/2009 by such employer for hire as a new employee regardless of whether he/she is already in H-1B status and regardless of concurrent new employment by such a new employer.
New employment based on a petition approved before Feb. 17, 2009 but the H-1B employee had not actually commenced employment before that date.
Those Who Are Not Subject to the New Law:
H-1B petition to extend the H-1B status (EOS) of a current employee with
the same employer (TARP funded).
H-1B petition seeking to change the status (COS) of a current U.S. work authorized employee to H-1B status with the same employer (TARP funded).
It is a huge relief for those nonimmigrants who are currently working with the TARP employers who need extension of their current H-1B status or change of their nonimmigrant status from other nonimmigrant classification to H-1B, particulay in the FY 2010 H-1B cap filing on or after April 1, 2009. We salute the USCIS leaders for such lenient and liberal interpretation of the new law. For details, people are advised to wait until it is published in the agency's website.
abhay
01-20 09:16 AM
Thanks Ann for responding.
RFE was for I-485, Priority date is Aug 2006. I-140 is approved.
RFE was asking to show that I was in valid visa status between 1997 and 2000, but surprisingly, I came to US only in 2000 that too on 2 business VISAs so I never worked in US until 2001. My Lawyer sent an affdavit stating that I was not in US between 1997 and 2000 and I was on business VISA on two occasions in 2000, also letter said that if they wanted we could send them the copies of stampings on the passport.
Thanks again.
RFE was for I-485, Priority date is Aug 2006. I-140 is approved.
RFE was asking to show that I was in valid visa status between 1997 and 2000, but surprisingly, I came to US only in 2000 that too on 2 business VISAs so I never worked in US until 2001. My Lawyer sent an affdavit stating that I was not in US between 1997 and 2000 and I was on business VISA on two occasions in 2000, also letter said that if they wanted we could send them the copies of stampings on the passport.
Thanks again.
Armand
August 14th, 2006, 07:45 PM
Why not try the Nikon D80 just released for purchase sometime in Sept 2006 at $999. Better than D70 probably more like trhe D200 and not as complicated it would appear.:)
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