ssashraf
04-25 02:57 PM
I am planning to change jobs within the next 30 days and my I-140 is currently in process (filed October 2010). I have applied for I-140 premium processing last week and expect to have a response from USCIS by May 6 2011. My new employer is not sure that they can transfer the H1B since I have an I-140 in process with my current employer. The H1B with current employer expires on July 30 2011.
Question:
- Can I transfer H1B to new employer while I-140 is in process with current employer? Can the new employer file for H1B extension after transfer while current employers I-140 is in process? Current employer has confirmed that they do not withdraw the I-140 while it is in process or after it is approved even if employee leaves the job.
- Is it better to transfer H1B after the I-140 has been approved and once transfer is done, file for H1B extension right away? Can the new employer use the old employers I-140 to get a 3 year extension?
Guidance will be greatly appreciated.
Thanks!
Question:
- Can I transfer H1B to new employer while I-140 is in process with current employer? Can the new employer file for H1B extension after transfer while current employers I-140 is in process? Current employer has confirmed that they do not withdraw the I-140 while it is in process or after it is approved even if employee leaves the job.
- Is it better to transfer H1B after the I-140 has been approved and once transfer is done, file for H1B extension right away? Can the new employer use the old employers I-140 to get a 3 year extension?
Guidance will be greatly appreciated.
Thanks!
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file485
04-29 09:20 PM
did u file the i539 along with your i129 application..?
gimme Green!!
07-06 02:56 PM
Admin - please close / delete this thread.
There is another one on the same topic.
There is another one on the same topic.
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loti_GC
12-02 10:58 PM
I also had the LUD on my Oct. 2004 H1b case. Seems like they were doing something with 2004 h1b cases.
more...
Blog Feeds
05-05 06:50 AM
The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
radhay
08-12 01:54 PM
clif, I wouldn't worry too much regarding the interview. Just take the latest paystubs, Employment letter from your new employer and all the evidence that you have to prove that you have been legally maintaining status in the country. Since you have already submitted medical exam results you don't need to take them with you.
They usually just send a standard letter without checking any items in the list.
They usually just send a standard letter without checking any items in the list.
more...
alucard666
08-11 04:29 PM
Hi All,
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
A few questions for those who have experience with registering a sole prop. in the US.
My wife is on an H4 visa and has registered a sole prop. earlier this year. Since she is not eligible to work, she has hired a U.S. citizen as a contractor to run the company.
Does owning a company in the US have any impact on our green card application?
Can she draw profits from the company at the end of the year as a return on the investment she made to start the company?
Is she considered a "U.S. person" ( seen in multiple tax forms )?
Is it safe for her to fill out a W-9 form with the FEIN that the company was registered with?
Thanks for the quick response.
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chirag1211
09-24 03:41 PM
Hi,
I am as well on the same boat. My H1 is getting expired on Sep 2010. My Company is ready to file a GC. But can't convince them to file in EB2 category. Also looking at the backlogs don't know if its the good time to start the GC process.
Can anyone put some light to this sitaution.
Thanks,
Chirag
I am as well on the same boat. My H1 is getting expired on Sep 2010. My Company is ready to file a GC. But can't convince them to file in EB2 category. Also looking at the backlogs don't know if its the good time to start the GC process.
Can anyone put some light to this sitaution.
Thanks,
Chirag
more...
jimithing
02-19 05:02 PM
Hi folks. My wife is petitioning for my green card and we are kind of stuck on a few questions. Hope someone can help us with some or all of these queries we have.
I-130
1. Part C q#10 - I arrived in the US in 2004 on an F1 visa. Now, I'm on H1B status. I don't believe I have ever been given an alien registration number. Am I wrong?
2. Part C q#14 - Do I say I arrived as a student even though I am currently on H1-B? If so, I don't have that I-94 anymore. It was taken by the airline when I left to get my H1-B stamped. Also, I have travelled extensively for work ever since I started my job. Consequently, I have two I94's. This is because I recently renewed my passport and when I went to Canada for business, upon returning they gave me a new I-94 (the previous I-94 is still in my old passport). So, what do i say i arrived as? And which I-94 number should I provide? Also, the format of the I-94 number on the top of the card seems to be different from that on the application ie. xxx-xxxxxxxx???
3. Part C q#19 and 20 - I don't really have any relatives in my home country anymore. Do I still have to give an address? Also, I can't write my name in my native language either. What do i do?
4. Part C q#22 - The instructions for I-485 say that if I am filing concurrently then I should mail everything to their lockbox address in Chicago. So, do I enter Chicago, IL here? or my current city, state of residence?
I-485
1. Part 3 - Non Immigrant visa number? I don't see this particular number anywhere on my H1-B visa. Can anyone help me locate this??
Thank you in advance for your help.
Regards
k.
I-130
1. Part C q#10 - I arrived in the US in 2004 on an F1 visa. Now, I'm on H1B status. I don't believe I have ever been given an alien registration number. Am I wrong?
2. Part C q#14 - Do I say I arrived as a student even though I am currently on H1-B? If so, I don't have that I-94 anymore. It was taken by the airline when I left to get my H1-B stamped. Also, I have travelled extensively for work ever since I started my job. Consequently, I have two I94's. This is because I recently renewed my passport and when I went to Canada for business, upon returning they gave me a new I-94 (the previous I-94 is still in my old passport). So, what do i say i arrived as? And which I-94 number should I provide? Also, the format of the I-94 number on the top of the card seems to be different from that on the application ie. xxx-xxxxxxxx???
3. Part C q#19 and 20 - I don't really have any relatives in my home country anymore. Do I still have to give an address? Also, I can't write my name in my native language either. What do i do?
4. Part C q#22 - The instructions for I-485 say that if I am filing concurrently then I should mail everything to their lockbox address in Chicago. So, do I enter Chicago, IL here? or my current city, state of residence?
I-485
1. Part 3 - Non Immigrant visa number? I don't see this particular number anywhere on my H1-B visa. Can anyone help me locate this??
Thank you in advance for your help.
Regards
k.
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shreekhand
02-19 06:58 PM
For that to happen a number first has to be generated! There is apparently a block (CIS-SSA name verification issue) that is preventing that from happening.
sunnymit,
I would suggest you call SSA HQ in Baltimore, MD and explain to them the situation and tell them that the SAVE system (that check your immigration status) is having possible issues with your case.
If that does not work, send a certified mail to the local office supervisor and SSA HQ.
got to the SSN office with ur receipt, tell them you are waiting for ...... long for the card. you need the number to give to the employer. most of the officers would look in the system and would give you the number.
sunnymit,
I would suggest you call SSA HQ in Baltimore, MD and explain to them the situation and tell them that the SAVE system (that check your immigration status) is having possible issues with your case.
If that does not work, send a certified mail to the local office supervisor and SSA HQ.
got to the SSN office with ur receipt, tell them you are waiting for ...... long for the card. you need the number to give to the employer. most of the officers would look in the system and would give you the number.
more...
frostrated
10-26 02:10 PM
All,
I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!
an EAD requires a sponsoring company. So, it is in your best interest to find an employer immediately and apply for AC21. If at the time of renewal they ask for employer documents, then your renewal will not be processed and your EAD/AP withdrawn.
I am currently unemployed and my spouse needs to travel to Mumbai urgently. Our AP is valid through November 30, 2009. Will there be any issues for my wife when she comes back - possibly because of my current status. Wife is employed (with a different company)& the EAD/AP was filed by my last employer. Responses will be appreciated. Thanks!
an EAD requires a sponsoring company. So, it is in your best interest to find an employer immediately and apply for AC21. If at the time of renewal they ask for employer documents, then your renewal will not be processed and your EAD/AP withdrawn.
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Anders �stberg
April 3rd, 2005, 01:39 PM
I like #2, nicer colors and looks more natural to me.
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Depends on what you want it too be, #2 is water to me, add more contrast to #1 and it's a nice metallic abstract.
more...
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desi3933
06-28 07:20 AM
I am on H1B visa. Can I trade in Forex using FOREX or any other online broker?
Yes, one can trade on H-1B status, but can not claim trader status for tax filing. For more details on trader status for tax filing, contact your CPA.
Also, I need to trade in it multiple times on a single day. That's the nature of this business if you want to make money.
correction. I would say this -
That's the nature of this business if you want to make or lose money.
Good Luck.
Yes, one can trade on H-1B status, but can not claim trader status for tax filing. For more details on trader status for tax filing, contact your CPA.
Also, I need to trade in it multiple times on a single day. That's the nature of this business if you want to make money.
correction. I would say this -
That's the nature of this business if you want to make or lose money.
Good Luck.
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wandmaker
11-24 08:32 PM
copsmart: Take an infopass appointment and explain your situation to infopass officer, s/he will be able to guide you. I personally think, you will have to refile your EAD and AP with strong cover letter, and remember to write DO NOT OPEN IN MAIL ROOM. It might have been the reason, why your last refiling might have been returned by USCIS mail room contractors. Do an infopass appointment before you resend your file.
more...
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ssksubash
07-23 02:27 PM
Hi,
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
I recently traveled to Canada by land for 1 week . When I went to Canada the canadian authorities did not take my I 94. When I returned from canada, the US officials did not give me a new I 94, will this be a problem ?
Thank you for your time.
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04-09 06:30 PM
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http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/
http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/
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TexDBoy
09-11 10:30 PM
I think if the current H1B is expired, he has to apply transfer from India to a different company and go for VISA again ....
http://www.murthy.com/news/n_h1bcan.html
What Happens to my H1B if I am Abroad?
�MurthyDotCom
Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.
http://www.murthy.com/news/n_h1bcan.html
What Happens to my H1B if I am Abroad?
�MurthyDotCom
Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.
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perm2gc
11-30 10:09 PM
Hi,
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.
I am in a fixed situation and in big dilemma.
My H1 is expiring in 2007 June first week.
My current employer's (A) attorney is useless and I had to struggle for a year to get my labor filed.
Labor got approved recently and still struggling to file my I-140 in premium.
Meanwhile, I got an offer for permanent employment in a good organization (B).
I would like take that offer but issues that are bothering me are:
1. If I wait and finish my I-140 with current company (A), do I have to get 3 years H1 extension with Company (A) before transferring to company (B)?
2. Do company (B) have rights to extend my H1 visa for 3 years with I-140 approval from current company (A)?
3. Is it safe to switch companies immediately after I-140 approval? I thought 180 days time is preferred but I don�t have the luxury of waiting for 180 days.
Please help me with these questions.
Thanks!!!
Welcome to immigrationvoice.Please search the forum before posting a new thread..your type of scenario has been discussed and properly addressed by the members.Here is one such thread.
http://immigrationvoice.org/forum/showthread.php?t=2417.
If that didnot help you..i request to take some time to search the forum.
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ajay_hyd
05-01 08:04 AM
I talked to an attorney and they said its best to file for AC21. i want to file it but am not sure if i should take attorneys help (and pay them) in filing this or just work with the new employer to do it.
what happens if we don;t file and they later change rules around this, we never know.
Thanks.
what happens if we don;t file and they later change rules around this, we never know.
Thanks.
sanju_dba
11-10 03:10 PM
waiting for some IVan with tareek clip
it was about remembering just my Birthday date... now..
PD Date
VB Date
EAD expiry date
H1B expiry date ( ETA9035E date,reciept date,approval date )
if you have vacation , then POE date .
I94 date,
... any thing else to add ?
it was about remembering just my Birthday date... now..
PD Date
VB Date
EAD expiry date
H1B expiry date ( ETA9035E date,reciept date,approval date )
if you have vacation , then POE date .
I94 date,
... any thing else to add ?
h1b_slave
09-17 11:04 AM
Hi!
I was wondering what are the benefits of EAD to primary(H1B) applicant before 180 days, i understand that AC21 & it's benefits can be invoked after 180 days from receipt date.
But is there any benefit of having EAD if 180 days from 485 receipt date are not over ?
I was wondering what are the benefits of EAD to primary(H1B) applicant before 180 days, i understand that AC21 & it's benefits can be invoked after 180 days from receipt date.
But is there any benefit of having EAD if 180 days from 485 receipt date are not over ?
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