skay
03-11 01:48 PM
Hi,
I am in an awkward position and any help will be greatly appreciated. Here is the run down:
- I am currently on an H1B that is scheduled to expire on May 15th, 2007 as per the stamp on my passport.
- I have accepted employment with another organization based on my EAD (485+140).
- The catch is that I plan to re-enter the US on April 21st, 2007(Saturday) but technically my employment will cease with the employer who filed my H1B on April 20th (Friday).
- I have applied for my travel document (I131-based on 485) but it will probably not arrive before I leave the country.
Questions:
- Can I re-enter on my H1B, although technically my employment ceased a day earlier?
- When do H1B�s technically expire after termination of employment?
I am in an awkward position and any help will be greatly appreciated. Here is the run down:
- I am currently on an H1B that is scheduled to expire on May 15th, 2007 as per the stamp on my passport.
- I have accepted employment with another organization based on my EAD (485+140).
- The catch is that I plan to re-enter the US on April 21st, 2007(Saturday) but technically my employment will cease with the employer who filed my H1B on April 20th (Friday).
- I have applied for my travel document (I131-based on 485) but it will probably not arrive before I leave the country.
Questions:
- Can I re-enter on my H1B, although technically my employment ceased a day earlier?
- When do H1B�s technically expire after termination of employment?
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RamaRay
12-28 03:45 PM
Hi , My wife is on h4 visa and I want to file H1B for her and she has It experience of 3 years .Please guide whats the procedure .
gk_2000
05-01 02:46 AM
Thank you supes.. may Batman, Spiderman, lizardman, ordinary man, every man follow your suit and keep immigration in front page :-)
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ruby
10-13 06:43 PM
My RIR labor was filed and have a PD of Nov 2004. It was stuck in BEC and my company decided to file my PERM in 2006. Now my I-140 based on PERM application was just filed, when my RIR based labor was approved. My 6 yrs of H1 exp Feb next year. I can't file my RIR based I-140 as my PERM based I-140 is already filed. So I'm planning to premium process my perm based I-140. Also my comany will file I-140 based on my RIR application for better PD . My questions are:
1) If I get 3 year extension based on PERM based I-140, will there be some problem in future if I change my company and try to use my RIR based PD (after I140 approval)
2) or should I premium process my RIR bases I-140 also (after getting my current PERM I140 approved), so that I can file my H ext based on RIR applications to avoid any problems in future for PD retension
1) If I get 3 year extension based on PERM based I-140, will there be some problem in future if I change my company and try to use my RIR based PD (after I140 approval)
2) or should I premium process my RIR bases I-140 also (after getting my current PERM I140 approved), so that I can file my H ext based on RIR applications to avoid any problems in future for PD retension
more...
rvr_jcop
02-25 05:39 PM
Hi,
I had visited US for 6months in 2005 on H1B visa and currently my H1B is expired( Expired in Jun 2007). Now, I am in US on H4 visa. Can anyone please let me know is it possible to renew expired H1B now? If so, what is the procedure for the same?
Your help in this regard is highly appreciated.
Thanks,
Nagaveni
That would have to be in the form of COS., and I think that counts towards the cap, am not 100% though.
I had visited US for 6months in 2005 on H1B visa and currently my H1B is expired( Expired in Jun 2007). Now, I am in US on H4 visa. Can anyone please let me know is it possible to renew expired H1B now? If so, what is the procedure for the same?
Your help in this regard is highly appreciated.
Thanks,
Nagaveni
That would have to be in the form of COS., and I think that counts towards the cap, am not 100% though.
sanam9696
06-14 08:03 PM
My I140 (Bachelor degree, EB3, PD: Nov'04) was approved last month from my previous employer.
I completed my MBA in Jun'06 and joined another company; my job description has changed totally and I can't use previously approved labor for my new job. My new employer will initiate the process of labor, next week.
I checked with my previous employer and he informed me that he is ready to give me a support letter, if I want to go ahead and file I485 based on EB3 I140.
Questions:
Is it possible to file I485, even if we are not working with the employer?
Once I have filed I485 based on my EB3 I140, and if the application remains pending for next 6 months, is it still possible to port the PD (Nov'04) to the new EB2 based petition?
I completed my MBA in Jun'06 and joined another company; my job description has changed totally and I can't use previously approved labor for my new job. My new employer will initiate the process of labor, next week.
I checked with my previous employer and he informed me that he is ready to give me a support letter, if I want to go ahead and file I485 based on EB3 I140.
Questions:
Is it possible to file I485, even if we are not working with the employer?
Once I have filed I485 based on my EB3 I140, and if the application remains pending for next 6 months, is it still possible to port the PD (Nov'04) to the new EB2 based petition?
more...
Blog Feeds
05-27 12:40 PM
Keep an eye on the military appropriations bill Congress is working on for a potential immigration piece. The AP reports that Republicans want some serious money and personnel commitments for the southern border. And my own sources are telling me that some Democrats are looking at trying to get the DREAM Act in that same piece of legislation. Remember, DREAM allows for some who join the military to pursue permanent residency so it would be a germane part of the bill. A down payment on comprehensive immigration reform? Or the end of that effort and the return to piecemeal legislating?...
More... (http://blogs.ilw.com/gregsiskind/2010/05/cirlite-deal-in-the-works.html)
More... (http://blogs.ilw.com/gregsiskind/2010/05/cirlite-deal-in-the-works.html)
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Blog Feeds
03-12 08:40 PM
As spring approaches, Washington DC's Kabuki Theatre plans a new production. A mash-up of Kafka and Beckett, "Waiting for Barack" will begin with a casting call on March 21 as thousands of would-be thespians, consisting mainly of immigration reform activists, are expected to descend on Capitol Hill, harboring dreams of a lead role in what they hope will be an epic immigration performance. Not since 1986 have the wonkish theatregoers of Washington been so excited. Then, "IRCA's Morning in America" was the talk of the town and the nation. The new show's producers, three well-known impressarios (optimistic, Chuck Schumer, fretful...
More... (http://blogs.ilw.com/angelopaparelli/2010/03/my-entry.html)
More... (http://blogs.ilw.com/angelopaparelli/2010/03/my-entry.html)
more...
coolmanasip
07-19 01:54 PM
Guys,
I submitted 485 application for me (primary) and my wife (secondary); now she is changing her job before we can get the receipt for 485 filing....she is on h1B....the new employer will file her H1B transfer..........does anyone see any issue with this????
I think its fine as her H1 status is independent of we filing 485....any thoughts?
I submitted 485 application for me (primary) and my wife (secondary); now she is changing her job before we can get the receipt for 485 filing....she is on h1B....the new employer will file her H1B transfer..........does anyone see any issue with this????
I think its fine as her H1 status is independent of we filing 485....any thoughts?
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Blog Feeds
03-05 06:20 PM
Immigration Lawyers Blog Has Just Posted the Following:
50 new individuals become naturalized U.S. citizens March 1, 2010 in a special ceremony at the Robert F. Kennedy Department of Justice's Great Hall. In light of this special ceremony, the U.S. Citizenship & Immigration Services (USCIS) has published the following citizenship statistics:
1907: 7,941 individuals naturalized
1908: 25,975 individuals naturalized
1971-1980: 1.5 million individuals naturalized (main areas were Europe, Philippines, Cuba and China)
1981-1990: 2.3 million individuals naturalized (main areas were Asia, Canada and Mexico)
1991-2000: 5.6 million individuals naturalized (main areas were Philippines, Vietnam and Mexico)
2001-2010: Over 5.6 million individuals naturalized (main areas are Philippines, Vietnam and Mexico)
http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/_QKlU7h7aYA
More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/_QKlU7h7aYA/us_citizenship_statistics.html)
50 new individuals become naturalized U.S. citizens March 1, 2010 in a special ceremony at the Robert F. Kennedy Department of Justice's Great Hall. In light of this special ceremony, the U.S. Citizenship & Immigration Services (USCIS) has published the following citizenship statistics:
1907: 7,941 individuals naturalized
1908: 25,975 individuals naturalized
1971-1980: 1.5 million individuals naturalized (main areas were Europe, Philippines, Cuba and China)
1981-1990: 2.3 million individuals naturalized (main areas were Asia, Canada and Mexico)
1991-2000: 5.6 million individuals naturalized (main areas were Philippines, Vietnam and Mexico)
2001-2010: Over 5.6 million individuals naturalized (main areas are Philippines, Vietnam and Mexico)
http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/_QKlU7h7aYA
More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/_QKlU7h7aYA/us_citizenship_statistics.html)
more...
Greatdesi
10-05 08:30 PM
I am working with a big company (company A) as a full time employee. My GC was filed under EB3. Priority Date is June 2004. Through another consulting company(company B), we started another GC process under EB2. Its priority date is March 2005. Based on what I read on various forums, it is possible to do interfiling from EB3 to EB2 and port priority date from EB3 to EB2. Is it true? We did not recapture the priority date when 140 for EB2 was filed. 140 for EB2 was approved under March 2005 priority date. I have EAD from employer A. Can I join employer B using that EAD and interfile from EB3 to EB2? Or is H1 transfer a safer option?
Appreciate your suggestions and thoughts on this.
Appreciate your suggestions and thoughts on this.
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SGP
04-02 05:37 AM
$$$$$$$$$$$$$$$GOOD MORNING GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.
As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.
Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative
As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.
The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
-------------------------------------------------------------------------------------------------
What can you do to participate?
1) Vote on the poll/survey created by Pappu.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated
2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.
I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)
3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.
Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.
Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)
Immigration Wiki -
I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)
------------------------------------------------------------------------------------------------
PM these members for additional info:
nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
------------------------------------------------------------------------------------------------
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.
As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.
Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative
As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.
The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
-------------------------------------------------------------------------------------------------
What can you do to participate?
1) Vote on the poll/survey created by Pappu.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated
2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.
I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)
3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.
Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.
Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)
Immigration Wiki -
I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)
------------------------------------------------------------------------------------------------
PM these members for additional info:
nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
------------------------------------------------------------------------------------------------
more...
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i4u
09-08 09:06 AM
True, the EB based categories are the ones mentioned whenever the benefits of having immigration is discussed, but when it comes to actions, we are the last category to get solutions :eek:
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nmedhora
04-10 12:48 PM
I left the U.S on October 30 2009. My L.C. [Perm] had been filed on July 30 2009 and was recently approved.
My 6 year H1B expired on Feb 2 2010, with approximately 160 days available for recapture.
My company needs me to return to the US urgently and is wanting me to apply for a Business Visa.
Subsequently when I am in the U.S, they intend to file for I140 and then 7th year H1B extension plus recapture
time based on pending I140
Is this feasible? -- What impact would it have on my green card application process?
My 6 year H1B expired on Feb 2 2010, with approximately 160 days available for recapture.
My company needs me to return to the US urgently and is wanting me to apply for a Business Visa.
Subsequently when I am in the U.S, they intend to file for I140 and then 7th year H1B extension plus recapture
time based on pending I140
Is this feasible? -- What impact would it have on my green card application process?
more...
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Jerrome
03-17 04:39 PM
I don't know about pre-2003 and 2004 for INDIA, but
2005 - 9000 (Total EB2 & EB3)
2006 - 15008 (Total EB2 & EB3)
2007 - 24573 (Total EB2 & EB3)
2005 - 9000 (Total EB2 & EB3)
2006 - 15008 (Total EB2 & EB3)
2007 - 24573 (Total EB2 & EB3)
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Blog Feeds
06-26 09:40 AM
Sounding good: THE WHITE HOUSE Office of the Press Secretary __________________________________________________ __________________________________________________ ______________________ For Immediate Release June 25, 2009 REMARKS BY THE PRESIDENT AFTER MEETING WITH MEMBERS OF CONGRESS TO DISCUSS IMMIGRATION State Dining Room 3:17 P.M. EDT THE PRESIDENT: Hello, everybody. We have just finished what I consider to be a very productive meeting on one of the most critical issues that I think this nation faces, and that is an immigration system that is broken and needs fixing. We have members of Congress from both chambers, from parties, who have participated in the meeting and shared a range of ideas....
More... (http://blogs.ilw.com/gregsiskind/2009/06/obamas-statement-on-immigration-summit.html)
More... (http://blogs.ilw.com/gregsiskind/2009/06/obamas-statement-on-immigration-summit.html)
more...
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Blog Feeds
02-23 12:40 PM
My law school roommate and long time friend Henry Olsen is the vice president of the conservative think tank the American Enterprise Institute. He's written an essay for the National Review entitled "The Way of the Whigs" and it talks about the danger the GOP faces in terms of long term survival. This might seem strange given the recent polling problems the Democrats have experienced, but Henry writes that there are long term forces at work that Republicans need to heed. One is the growing Hispanic electorate which has shifted decidedly toward the Democrats over the last two election cycles....
More... (http://blogs.ilw.com/gregsiskind/2010/02/the-way-of-the-whigs.html)
More... (http://blogs.ilw.com/gregsiskind/2010/02/the-way-of-the-whigs.html)
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gc_wannabe
06-16 11:02 PM
Hi- When I started off with the green card process, I had not idea about what most of the things meant. I joined a very reputable Fortune 500 company in 2006 (the same year I came to the US on a H1B), and started my GC process in 2007. The company offered me an pre-approved labor with a 2006 PD, which had a matching requirement w.r.t job description and salary.
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Thanks.
During July 2007, i filed for my I-140 and I-485. Subsequently, my I-140 got approved without any issues. Now, given that my priority date is close to being current (2/14/2006), I'm afraid if using a pre-approved labor will have any role to play with my I-485 approval.
And no, I'm not working for a consultant. And I have been with the same employer since 2006.
Thanks.
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x1050us
06-15 08:53 PM
My spouse is out of country and she cannot comeback immediately since we are waiting for my H1 extension approval. Taking visa appointment days and airline availability in to consideration, she may not be able to make it back before end of july. I heard you can always add spouse later while 485 is still in progress. What are the implications if I go this path ?
Bogdan
07-03 07:06 PM
Hi,
Based on what I know, the medical exam has to be less than 1 year old on the date of I-485 application submission. However, I have seen different opinions on this forum. Some state that the exam date cannot be more than 30 days before I-485 submission, because the HIV test and syphyllis test (sorry if not typed correctly) are valid for 30 days only. Could anyone clarify this, please?
Thanks in advance.
Bogdan
Based on what I know, the medical exam has to be less than 1 year old on the date of I-485 application submission. However, I have seen different opinions on this forum. Some state that the exam date cannot be more than 30 days before I-485 submission, because the HIV test and syphyllis test (sorry if not typed correctly) are valid for 30 days only. Could anyone clarify this, please?
Thanks in advance.
Bogdan
smaram1
08-15 11:55 AM
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
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