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.
hebbar77
05-15 06:27 PM
This gentleman is Feb 06 and is worried about his wife's GC not being approved, while folks and a lot of 'Janta' like us have PD's before his, and are still waiting............makes me more and more dukheeeee.........
Lets admit it now... we are all selfish and so is he... am I wrong?
Lets admit it now... we are all selfish and so is he... am I wrong?
dallasdude
05-08 02:20 PM
It's well worth the risk now that EB2 is back to 2000. But talk to your attorney and see what he thinks is best for you and your family. I would go ahead and file for EB1 if I were you.
gaz
07-23 02:26 PM
try talking to Alanita Travels
ALANITA TRAVEL - FLY WITH US TO INDIA (http://www.alanitatravel.com/)
PS - I am not affiliated in any way with them - other than having used their services in the past.
In my experience, going to the airlines respective websites get you a similar deal. Try
Emirates
Lufthansa
singapore
malaysian
British
American
delta
continental
jet
etc...
ALANITA TRAVEL - FLY WITH US TO INDIA (http://www.alanitatravel.com/)
PS - I am not affiliated in any way with them - other than having used their services in the past.
In my experience, going to the airlines respective websites get you a similar deal. Try
Emirates
Lufthansa
singapore
malaysian
British
American
delta
continental
jet
etc...
more...
frostrated
09-05 06:11 AM
I have an approved EB3 140 (PD Aug 2004) and have filed my 485 using it with Employer A.
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
With Employer B, I have an approved EB2 140, but the priority date is in 2007.
What is the process of porting the EB3 date to the EB2 140 and to change the 485 to the EB2 queue? Do I need to refile the 485 application?
honge_kamyaab
02-01 12:54 PM
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
more...
arnet
09-08 01:37 PM
well spoken....thanks to Shilpa and for IV/IARC. she highlighted all the problems/solutions even abt SKIL bill. well done.......
maine_gc
09-20 04:11 PM
I checked the processing times of TSC and i did not see the times for I140. TSC no longer processing 140 applications?
more...
desi3933
08-18 09:12 AM
Gurus,
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".
The reason specified in the letters:
- Section 203(b)(2)(A)
- 8 C.F.R 204.5(l)(3)(ii)(C)
........
Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."
The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.
I have written many times on this issue, please refer to my old posts for more details.
______________
Not a legal advice.
guy03062
07-17 12:42 AM
kudos to ImmigrationVoice's core team and its members, especially flower campaign and San Jose rally. Apart from Congresswoman Lofgren, IV is the one who really added immense pressure on Govt by their root level activites.
more...
mdmd10
08-29 08:37 AM
yes...good idea! If those ignorant buffoons from NumbersUSA can spread false propaganda...why not spread the light.
The truth will set everyone free.
The truth will set everyone free.
manand24
07-27 02:55 PM
Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
Gurus, any body know how USCIS will process 485 applications?
If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.
Gurus, any body know how USCIS will process 485 applications?
If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.
more...
alien2006
11-17 11:52 AM
I had a similar problem when I applied for my OPT, not once but twice. The one year EAD had a wrong date, the issue date and expiry date was the same. The second time, they didn't give me the correct start date, so I sent it again. No filing fees since it was their mistake.
You souldn't have anything to worry about.
You souldn't have anything to worry about.
clockwork
07-18 05:41 PM
just emailed... it should have 4 pdf files.
Done buddy. Please look at my previous post. Thanks for sharing info. :)
Done buddy. Please look at my previous post. Thanks for sharing info. :)
more...
mdross2
11-16 01:19 PM
Hi All
I have a query, Maybe some of the experts here can help me out.
1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
3. In 2006 I switched to company C. (I have the original for I-797A)
All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.
Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)
Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?
Thanks.
I have a query, Maybe some of the experts here can help me out.
1. I came to the US in 2003 on a L-1 via company A.(I have the original petition)
2. I switched to H-1 via company B in 2005 .(I have the copy of I-797A)
3. In 2006 I switched to company C. (I have the original for I-797A)
All this while I was here(U.S) only . I am going for a vacation (much needed :-) to India next month. I need to get a VISA stamped to come back.
Question 1. - The I-94 I have stapled in my passport is when I entered US. There have been 2 I-94's after that (from I-797A from company B and company C) ... Which one of those I need to submit when I go to India ? If its from A,B and C ...Does it have to be from the original since I don't have the original I-797A from company B ?)
Question 2. - As far as docs required for VISA stamping interview are concerned I have read various websites and posts and most of them say that I need the original I-797A only for the current (company C) H-1 petition.The copies of I-797A from the old employers will suffice too. Is that correct ?
Thanks.
gmail
12-21 12:31 PM
Hi,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
In another thread, IV is proposing only pushing filing 485 before priority date. I try to understand what the benefits are by filing it. For one thing, you can switch jobs after 6 months? How about setting up your own consulting company?
Regards,
more...
Michael chertoff
08-07 04:03 PM
so far two..
black_logs
11-07 03:50 PM
Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
Folks,
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
Folks,
I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.
My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.
Labor approved
Applying for I-140
Priorty date 10/2002
ROW
Thanks again
seahawks
04-28 11:15 AM
oops, I read your post again, you said non premium processing, sorry, I dont have that information. I filed mine through premium processing since I waited 4 years just for my labor.
SertTurk
07-19 01:59 PM
Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form when the bulletin is showing April2002. He says we are not eligible for that...And then he said "if the date was current, you would be in Turkey for consular processing and will not need file"
quizzer
07-05 09:52 PM
Anything is possible with USCIS!!!
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