kevinkris
03-05 02:20 PM
They will apply for H1 again in 2010, but good news is you will not be in 65k cap.
They can apply anytime and get a fresh H1.
That i what i think.
They can apply anytime and get a fresh H1.
That i what i think.
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chapper
07-23 06:59 PM
Others can correct me, if I'm interpreting it wrong. A try...
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.
It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
kanakabyraju
08-18 01:57 PM
Hi All,
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
RFE shall not stop you from doing the right thing and as long as you have all the necessary documents and employment. If I were you, I would not hesitate to update my address and pay rent for my old apartment.
Please let me know, based on your personal experience, Does Change of Address 'triggers' an RFE from USCIS????
I recently found a project (after many months) and am working for this new employer on EAD. However, I have not vacated my old apt....still paying rent and keeping it as my current one, and sharing accommodation with others in the new city where I am working....because of the only reason that I fear, which is an RFE.
Please let me know.
Thanks.
RFE shall not stop you from doing the right thing and as long as you have all the necessary documents and employment. If I were you, I would not hesitate to update my address and pay rent for my old apartment.
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KbK
07-20 04:38 PM
Hi eagerr2i,
Can you give some details about, how to get the certification. My wife is also doing her teaching credentials in the community college and we live in california.
Thanks buddy for your help.
Can you give some details about, how to get the certification. My wife is also doing her teaching credentials in the community college and we live in california.
Thanks buddy for your help.
more...
crystal
07-12 10:11 PM
EndlessWait I hope ur wait will end soonI can't sleep all night.. cmon atleast give us few options.
My take on the permanent solution:
1. Recapture lost visa numbers
2. Medical tests are going to be valid indefinitely
3. Ppl who've worked for X years automatically can apply for I-485
5. All can apply as per the old bulletin
6. ????
cmon guys help me with this.i'm running out of ideas..:D
My take on the permanent solution:
1. Recapture lost visa numbers
2. Medical tests are going to be valid indefinitely
3. Ppl who've worked for X years automatically can apply for I-485
5. All can apply as per the old bulletin
6. ????
cmon guys help me with this.i'm running out of ideas..:D
morchu
05-04 12:21 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Hi,
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Hi,
My company is closing some offices and wants us to work from home. I have a premanent position and I am working for this company since last 3 years.
My I140 is cleared and I am in process of extensing my H1B which expires in June 2009.
I want to know for how long, I can work from India on H1B being on US payroll? I am planning to maintain one address at location where my LCA is filed?
Will there be any issues, if I worl for say 4-5 months from India and come back? WIll this effect my status?
Any inputs will be extrremely welcomed.
more...
hmehta
06-20 05:20 PM
Hi Swati/Aradhana:
I just sent you an email, I live in the Los Angeles area.
I just sent you an email, I live in the Los Angeles area.
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immilaw
12-14 11:28 AM
Here is the satement of Senator Salzar on ICE Action and the Need for CIR
http://salazar.senate.gov/news/releases/061212immg.htm
http://salazar.senate.gov/news/releases/061212immg.htm
more...
msandhu
01-08 05:12 PM
I have traveled twice on same AP since in last 9 months. Once to canada and the other time to India. The immigration office does not look at anything other than your AP and passport. The most they will ask is what do u do and who applied for your green card.
You do not need to worry about anything and can travel freely.
Cheers
MSandhu
You do not need to worry about anything and can travel freely.
Cheers
MSandhu
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homers
04-09 08:49 AM
As long as your H1-B application is still being processed, you should be IN STATUS.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
more...
bkn96
11-25 04:53 PM
Hi kprgroup
I am in similar situation, I want to hear from you, I left my contact details at PM. Please contact..
I am in similar situation, I want to hear from you, I left my contact details at PM. Please contact..
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hypersphere
01-05 04:05 PM
I Agree there are some particularly bright ideas about fund raising but I dont think there is any significant variety in opinions regarding immigration floating around that we might miss. I would rather have people put their opinions into practise (by contributing) rather than simply share them.
more...
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PD_Dec2002
05-22 08:21 AM
Please correct me if I am wrong, but the Hammond Law Group (HLG) was hired by IV for its lobbying efforts, correct? What does HLG have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Would be interesting to get their point of view...
Thanks,
Jayant
Would be interesting to get their point of view...
Thanks,
Jayant
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gauravsh
05-04 02:17 PM
So basically you are cheating the system? correct me if i am wrong.
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?
more...
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Alabaman
04-07 06:52 PM
Whats your discipline and industry?
I am not sure I understand your point 1. "and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate".
Your point 3 too... "I kicked there butt after getting selected and telling them on why did I do that". What do you mean?
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
I am not sure I understand your point 1. "and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate".
Your point 3 too... "I kicked there butt after getting selected and telling them on why did I do that". What do you mean?
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
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permfiling
08-13 05:47 PM
permfiling,
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
A lot folks want to use AC21 but lawyers suggest not actually filing AC21.
So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?
I believe this is the tack Company B lawyer is suggesting.
Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.
Thanks,
I think you can give a shot as USCIS officer will be smart enough to deduce in the first place that the previous I-140 was not withdrawn
2. Title indicates same job
3. Since they have access to all the H1-b filings and PERM, Officer can easily look up your info,
I think you can go ahead and file the 485 but dont explicitly mention AC21.
I hope we all in the same boat should try out and see ..
more...
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HV000
11-11 01:50 PM
slightly offtopic:
Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
http://immigrationvoice.org/forum/showthread.php?t=14821
visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)
Very well said. Nancy Pelosi was very assiduous in bringing a resolution on Armenian Genocide that happenned over 100 years ago!! So, she may NOT have time to work on "Current" world matters!
My post is not intended to lighten the Armenian Genocide event.
Its funny that you linked to Murthy's website for such news, as they are typically the slowest to pick up anything like this. Mathhew Oh is fast... and some IV member (or core itself) the fastest.
This was discussed on IV (& even a link to the exact letter posted) the very day it became public:
http://immigrationvoice.org/forum/showthread.php?t=14821
visit IV often to check for such updates, if something comes up we'll all need to mobilize quickly (phone/fax campaigns)
Very well said. Nancy Pelosi was very assiduous in bringing a resolution on Armenian Genocide that happenned over 100 years ago!! So, she may NOT have time to work on "Current" world matters!
My post is not intended to lighten the Armenian Genocide event.
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priderock
05-15 02:13 PM
Thank you, priderock!!!
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
But you need a valid visa stamp to re-enter.
1) What is the validity of your current visa stamp ?
2) When you applied for visa extension , what is going to be the validity of that visa ?
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gc28262
09-24 10:51 AM
FB part of this bill is what makes many democrats to support this bill.
Anti-immigrants will oppose any kind of immigration ( EB as well as FB)
Anti-immigrants will oppose any kind of immigration ( EB as well as FB)
abhijitp
11-21 02:26 PM
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
Sorry to hear this! Hopefully he will have no problems given the job market conditions (and the EAD, of course)!
Sorry to hear this! Hopefully he will have no problems given the job market conditions (and the EAD, of course)!
prem_goel
08-15 09:36 AM
would appreciate if any of you experts can share some intelligent thoughts on it...
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