Nitu Singh
06-12 07:31 PM
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
1) Can I change the employer after I get my 3 year extension on H1 ?
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
I really appreciate your valuable inputs and help me out.
Thanks a lot!
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nixstor
07-17 10:45 AM
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Threads: 5,709, Posts: 114,871, Members: 20,081, Active Members: 13,220
From immigration.com
Most users ever online was 2,117, 16th September 2005 at 02:58 PM.
Threads: 239,836, Posts: 1,626,529, Members: 162,149
Most users ever online is increasing every day and IV is becoming a better source of information. Its just unfortunate that people fail to recognize the importance of contributions for this effort.
ca_immigrant
05-14 11:40 AM
So, this so called nice card...how does it come?
I know its by USPS , but do they need you to sign or something... ?when you get the cover or package, ...or will it be sitting in the mail box one fine day sometime after ones case is approved ?
I might be out of the country perhaps when the card comes, (if I am lucky and my case is attended to by the authorities in July) .... (I will come back on AP)
Intially I was thinking of putting a hold on my mail in the post office...but my lawyer said that USPS sometimes returns mails from USCIS (which could be H1, EAD, AP, GCs, etc...)
So now am thinking I will request my neighbour to hold my mail for me....but am wondering if a signature is needed if the card comes during my absense....
Thanks for your replies Folks !!
I know its by USPS , but do they need you to sign or something... ?when you get the cover or package, ...or will it be sitting in the mail box one fine day sometime after ones case is approved ?
I might be out of the country perhaps when the card comes, (if I am lucky and my case is attended to by the authorities in July) .... (I will come back on AP)
Intially I was thinking of putting a hold on my mail in the post office...but my lawyer said that USPS sometimes returns mails from USCIS (which could be H1, EAD, AP, GCs, etc...)
So now am thinking I will request my neighbour to hold my mail for me....but am wondering if a signature is needed if the card comes during my absense....
Thanks for your replies Folks !!
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tampacoolie
07-21 09:00 PM
I did a very similar thing.
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
My H1 expires 08/30/07 and I will be applying I 485 this month end. I already upgraded to PP for my 1-140 got an RFE for A2P. I will be submitting supporting docs for RFE also before this month end. I assume that PD will be unavailable for Sep, and I will be applying for my H1 extension in August in regular processing. Will I get 3 year or 1 year ?
My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.
Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).
I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.
My H1 expires 08/30/07 and I will be applying I 485 this month end. I already upgraded to PP for my 1-140 got an RFE for A2P. I will be submitting supporting docs for RFE also before this month end. I assume that PD will be unavailable for Sep, and I will be applying for my H1 extension in August in regular processing. Will I get 3 year or 1 year ?
more...
digital2k
08-03 06:31 PM
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ghost
07-19 08:48 AM
Yes, I checked and we are approved all the way.Just waiting for the consular processing date to get our Green Card.
So can my wife quit her job? I dont understand why she couldnt if our case is already approved...
If you are approved all the way then did you receive an EAD card?
So can my wife quit her job? I dont understand why she couldnt if our case is already approved...
If you are approved all the way then did you receive an EAD card?
more...
senthil1
06-30 10:46 AM
Why do you want labor substituion at this time when they are discontinuing for fraud? Are you working same company or joining the company for just labor substitution?
If you are waiting for long time for Gc then you can take risk. But if you are in US just for 1 or 2 years you have lot of time to get GC. If you are getting the labor in same company you are working now probably ok. But if you have too many uncertanities then it is better not to use it.
Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?
If you are waiting for long time for Gc then you can take risk. But if you are in US just for 1 or 2 years you have lot of time to get GC. If you are getting the labor in same company you are working now probably ok. But if you have too many uncertanities then it is better not to use it.
Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?
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needlotsofluck
07-26 09:52 PM
Please see the update in Oh law's site
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
more...
bongopondit
08-11 10:13 PM
Guys,
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
Congrats !! Do post your experiences. Mine is next week at Mumbai - but still waiting for a PCC from the RPO !!
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
Congrats !! Do post your experiences. Mine is next week at Mumbai - but still waiting for a PCC from the RPO !!
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canleo98
01-11 02:29 PM
As per my understanding, extension will be given if and only if :
Either Labor is pending for more than 365 days or Labor and I-140 is approved.
If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
Am I right in interpreting the rule correctly?
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
Either Labor is pending for more than 365 days or Labor and I-140 is approved.
If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
Am I right in interpreting the rule correctly?
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
more...
ksrk
03-04 04:37 PM
Topics at this forum range from H1B to visitor visa to citizenship to EB-based GC and sometimes even family-based GC sponsorship.
Agreed that quite a bit of discussion happens on issues related to EB. When you spend over half your waking hours at work, and EB-based immigration affects not just your status in this country, but your job, your finances, and pretty much your entire life, it is not surprising that so many posts relate to EB-based immigration.
And I haven't even mentioned the zillion forms and stages of EB-based immigration compared to others...
At the end of the day, you are welcome to post a thread on any issue you care about (relating to immigration) and like previous replies suggest, the mission of the organization is quite clear.
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
Agreed that quite a bit of discussion happens on issues related to EB. When you spend over half your waking hours at work, and EB-based immigration affects not just your status in this country, but your job, your finances, and pretty much your entire life, it is not surprising that so many posts relate to EB-based immigration.
And I haven't even mentioned the zillion forms and stages of EB-based immigration compared to others...
At the end of the day, you are welcome to post a thread on any issue you care about (relating to immigration) and like previous replies suggest, the mission of the organization is quite clear.
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
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paskal
11-28 02:00 PM
all members also need to provide contact info
no annomymous members!
we will be providing an update soon to trusted chapter members
no annomymous members!
we will be providing an update soon to trusted chapter members
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inspectorfox
09-16 12:49 AM
I agree that the DC rally is a critical event but I think I am loosing interest in this online forum. I guess the forum moderators may be busy with organizing the DC event. It's time for a clean up act. I am urging members to stop posting so many unnecessary and irrelevant threads. We all understand the importance of this rally. Peace!
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ImmiLosers
12-23 06:14 PM
Hi,
Can I apply for AC 21 and H1B Transfer (to the new employer) together so that I can maintain my H1 status plus EAD/AP?
Can I apply for AC 21 and H1B Transfer (to the new employer) together so that I can maintain my H1 status plus EAD/AP?
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nixstor
04-18 12:32 PM
<Snip from his speech>
�When I mention this to people, they sometimes go hysterical,� Becker told a packed house during the inaugural Becker Brown Bag Series lunch discussion hosted by The Becker Center on Chicago Price Theory at Hyde Park Center on March 1 and sponsored by Vishal Verma.
</snip>
With all due respect, applying a bit of economics to politics/immigration might work out but folks in politics are not gonna let any one wipe away immigration/politics with economics.
�When I mention this to people, they sometimes go hysterical,� Becker told a packed house during the inaugural Becker Brown Bag Series lunch discussion hosted by The Becker Center on Chicago Price Theory at Hyde Park Center on March 1 and sponsored by Vishal Verma.
</snip>
With all due respect, applying a bit of economics to politics/immigration might work out but folks in politics are not gonna let any one wipe away immigration/politics with economics.
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kprgroup
12-06 12:24 PM
My wife traveled with AP & expired visa thru Frankfurt(Lufthansa) on 29th Nov '10. No transit visa asked
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sparuthi
08-10 04:34 PM
PD March 2006
RD July 26. 2007
ND August 27. 2007
RD July 26. 2007
ND August 27. 2007
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vinki
10-27 12:54 PM
Hi !
I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:
Thank you in advance....
Vinki.
I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:
Thank you in advance....
Vinki.
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Cranberry160
12-02 12:20 PM
Miamikk,
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
jsb
05-17 11:14 AM
thanks for the response. But is it normal, anyone else in similar situation?
Yes, I know a couple of people who got GC and but their spouses are still waiting after more than a year. It could be due to lack of information they check from various agencies, such as home address (particulary if spouse is not working)
Yes, I know a couple of people who got GC and but their spouses are still waiting after more than a year. It could be due to lack of information they check from various agencies, such as home address (particulary if spouse is not working)
eb3_nepa
07-18 10:28 AM
^^