GCSOON-Ihope
11-04 05:32 PM
Guys,
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Of ourse you can always find a new employer!
However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
In your situation, just file a new H1 with a new employer, that's it.
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Of ourse you can always find a new employer!
However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
In your situation, just file a new H1 with a new employer, that's it.
mhtanim
12-15 01:57 PM
With a bachelors degree and 10 years of experience (ignoring the CA Certification/License), I do not see why you would not qualify for EB2. To qualify for EB-2 it is not always a necessity to have a masters degree.
Generally, if you have a bachelor degree and at least 5 years of experience, and as long as your future job/position for what your Labor Certification will be filed requires either a Masters degree or a bachelor degree with 5 years of experience, will qualify you for EB2 category.
"Generally, a bachelor's degree plus five years experience with another employer could qualify for EB2, if described correctly under the current U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Labor (DOL) interpretations for the EB2 classification."
Source: http://www.murthy.com/lc_faq.html
Generally, if you have a bachelor degree and at least 5 years of experience, and as long as your future job/position for what your Labor Certification will be filed requires either a Masters degree or a bachelor degree with 5 years of experience, will qualify you for EB2 category.
"Generally, a bachelor's degree plus five years experience with another employer could qualify for EB2, if described correctly under the current U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of Labor (DOL) interpretations for the EB2 classification."
Source: http://www.murthy.com/lc_faq.html
ambals03
03-10 10:18 AM
America's Technology Leaders Assert Innovation Key to Nation's Recovery and Global Competitiveness -- WASHINGTON, March 9, 2011 /PRNewswire-USNewswire/ -- (http://www.prnewswire.com/news-releases/americas-technology-leaders-assert-innovation-key-to-nations-recovery-and-global-competitiveness-117647968.html)
broadcaster
11-08 03:42 PM
On July 27, I sent my I-485/I-765 to the TSC. Case was delivered on July 31. I have no receipts, my checks have not been cashed. I called NCS, they asked me to wait two more weeks.
more...
rb_248
10-26 12:39 PM
Able to read English or not should not constitute an offense. Not able to read a road sign and erring on that basis is an offense. All the regulatory and warning road signs have a symbol associated with the text (Octogon for stop 'U' for U-turn, curve ahead.....). Only the advisory signs (exit signs and street signs) have English names and no signs.
EndlessWait
08-01 12:39 PM
http://lofgren.house.gov/PRArticle.aspx?NewsID=1819
Good going.
Good going.
more...
fromnaija
02-12 10:51 AM
Hi,
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
This depends on the service center treating your case. Mine took less than three months at Texas Service Center.
I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?
Thanks
This depends on the service center treating your case. Mine took less than three months at Texas Service Center.
GreeNever
06-13 11:18 AM
Folks! MSNBC is organizing a gut check on the immigration issue (though this appears to be on issues related to illegal immigration). It's a message board inviting opinions on immigration with an expert panel set to reply to the meesages posted. Eventually, messages will be short-listed for publishing. We may be able to make an opportunity out of this.
Link: http://www.msnbc.msn.com/id/18826755/
Link: http://www.msnbc.msn.com/id/18826755/
more...
EB-VoiceImmigration
08-14 01:07 AM
can i apply one more I-140 , and what will be my case in this situation
If you tranfer ur H1 to new employer, i think u need to start green card process from the beginning. your old approved labor no longer valid and also u can not port ur PD.
If you I-140 approved (then I dont think u will do H1 transfer), still same process above but I think u can port your PD.
But like other members suggested, please consult attorney.
If you tranfer ur H1 to new employer, i think u need to start green card process from the beginning. your old approved labor no longer valid and also u can not port ur PD.
If you I-140 approved (then I dont think u will do H1 transfer), still same process above but I think u can port your PD.
But like other members suggested, please consult attorney.
deecha
07-16 03:07 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
more...
va_dude
05-07 12:52 PM
it doesn't boil down to who you trust more. Both opinions have its merits.
But you should base your decision on whether or not you have truly ported to a job with similar duties and if you have the paperwork to prove it. If you have all this, then evn if you do get RFE its not a bad thing, since you can prove that you did no wrong.
Just my 2 cents.
But you should base your decision on whether or not you have truly ported to a job with similar duties and if you have the paperwork to prove it. If you have all this, then evn if you do get RFE its not a bad thing, since you can prove that you did no wrong.
Just my 2 cents.
radosav
04-19 04:40 PM
happy to see so many folks can finally apply for I-485 and many stuck in retro can finally get GC.
my PD is nov 2005 so I guess we will be waiting to apply for I-485 for a while (perhaps, 3-4yrs) :cool:
or not!:p
my PD is nov 2005 so I guess we will be waiting to apply for I-485 for a while (perhaps, 3-4yrs) :cool:
or not!:p
more...
skd
10-02 02:38 PM
nothing will change.
chanduv23
09-14 03:37 PM
Follow Your Heart
Lets Go To Dc
Everyone To Dc
Lets Go To Dc
Everyone To Dc
more...
LC2002
04-14 11:09 AM
Congratulations!
Thanks
Thanks
sent4dc
08-25 08:36 PM
Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?
more...
minimalist
08-10 11:40 AM
Is it the employer's responsibility to consider in which Green Card Category the employee will fall in future before puts ad.?
Bachelor degree would be enough to do the job if EB3 has a PD around 2005/2006/Current.
Just because the PD is before 2005, doesn't mean the job needs masters degree. The job responsibilities will remain the same. The person doing the job would have acquired the necessary experience to carry out a job that falls in EB2.
Also, not everybody qualified for EB2 may be able to find a job that is in EB2. That's a different story .
----
EB3I - May 2006
Contributed 100$
Bachelor degree would be enough to do the job if EB3 has a PD around 2005/2006/Current.
Just because the PD is before 2005, doesn't mean the job needs masters degree. The job responsibilities will remain the same. The person doing the job would have acquired the necessary experience to carry out a job that falls in EB2.
Also, not everybody qualified for EB2 may be able to find a job that is in EB2. That's a different story .
----
EB3I - May 2006
Contributed 100$
vali
11-15 11:01 AM
Vali:
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
thank you very much, I understand now exactly what that means.
thank you all for your time and patience.
Good luck to all of you,
Vali.
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
thank you very much, I understand now exactly what that means.
thank you all for your time and patience.
Good luck to all of you,
Vali.
vparam
10-29 12:18 PM
You should be able to re-submit with and approapirte letter from your attonrey
it is not rejected just sent back to correctthe erroe :-)
it is not rejected just sent back to correctthe erroe :-)
suavesandeep
01-08 02:30 PM
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
Having a green card would be your best option. By even asking this has an option, it looks like getting one would be a piece of cake for you.If thats the case good for you :) Many of us here have waited/waiting for 8+ years to get one.
If getting Green card immediately is not an option I would recommend extending your L1/L2. because on basis of your L2 visa you should be able to get/extend your EAD and be eligible to continue to work here.
As others said on H4 visa you cannot or are not supposed to work.
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
Having a green card would be your best option. By even asking this has an option, it looks like getting one would be a piece of cake for you.If thats the case good for you :) Many of us here have waited/waiting for 8+ years to get one.
If getting Green card immediately is not an option I would recommend extending your L1/L2. because on basis of your L2 visa you should be able to get/extend your EAD and be eligible to continue to work here.
As others said on H4 visa you cannot or are not supposed to work.
jugunu64
01-12 04:02 PM
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Please find attached herewith a memo from USCIS that answers your question. Not sure if the attachment upload worked but here is the link just in case...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Since you are already on your eight yr H1 extn obviously you Labor certification is more than one year old (based on which you received your 7th yr extn).
When does your current I-129 expire? The reason I ask is that if you have some time you can convert your pending I-140 to premium processing and get it turned around in 15 days (provided there is no problem with your company financial statement ). Once you have an approved I-140 you can then request 3 year H1 extn.
As your case stands right now (approved labor & pending I-140) my read is that you are eligible for 1 year extn. The $1000 spent on I-140 premium processing with definitely pay dividends with a 3 Year H1 extn.
Hope I answered your question....
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Please find attached herewith a memo from USCIS that answers your question. Not sure if the attachment upload worked but here is the link just in case...
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Since you are already on your eight yr H1 extn obviously you Labor certification is more than one year old (based on which you received your 7th yr extn).
When does your current I-129 expire? The reason I ask is that if you have some time you can convert your pending I-140 to premium processing and get it turned around in 15 days (provided there is no problem with your company financial statement ). Once you have an approved I-140 you can then request 3 year H1 extn.
As your case stands right now (approved labor & pending I-140) my read is that you are eligible for 1 year extn. The $1000 spent on I-140 premium processing with definitely pay dividends with a 3 Year H1 extn.
Hope I answered your question....
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