vin13
01-15 06:34 PM
Once you switch jobs using AC 21, you are no longer on H1-B (even though you still have H1-b date that has not expired).
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
Your next H1-B will be considered a new H1-B and not a transfer.
You will be able to use remaining H1-B time. There is no difference whether the employer revokes or not revoke your H1 as you are no longer on H1-B.
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solaris27
08-15 08:58 AM
Q. How soon can I leave my petitioning employer once I get my green card approval?
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary
But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.
There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.
FREQUENTLY ASKED QUESTIONS
----------------------------------------------
Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
This is the whole scenario, now considering it, Am I still at risk?
A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.
Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

mmaxima
08-21 04:24 PM
From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.
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IneedAllGreen
11-30 06:38 PM
Glad to know that your appeal process got approval for I-140 petition. I am desperate to get my I-140 petition approved from USCIS. Please give me some detail of your case and when did you filed Notice of appeal and when did you received your response for appeal?
Thanks
Did you try to appeal the denial ??
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
Thanks
Did you try to appeal the denial ??
Mine was denied for the same reasons (denied no rfe) and my lawyer appealed and it worked and I-140 approved.
Try to see if you can appeal. If I am not wrong you can appeal within 30 days of denial.
more...
crystal
04-11 02:56 PM
When I look at any member public profile , I dont see Labor prority date and Category (Eb2/eb3). This is I guess because Labor priority date and category fields are not in addition information part of the profile. We need to move those fields into additional information part .
needhelp!
05-15 06:22 PM
co-sponsor = confirmed support, so thats what we want.
more...

Ryall
09-04 01:08 PM
its almost like smuging, or smearing a pixel value.
Peace
Peace
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mchundi
07-27 08:41 PM
Hi everyone,
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
If ur current employer did not apply for a labor, it doesnot matter anyway, as u r in the same position.
Ur friend is right. However if ur I-140 is also approved, u will continue to get H1-B extensions beyond 6 years.
--MC
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
If ur current employer did not apply for a labor, it doesnot matter anyway, as u r in the same position.
Ur friend is right. However if ur I-140 is also approved, u will continue to get H1-B extensions beyond 6 years.
--MC
more...

golucki
07-27 10:24 AM
Nice Idea. Works Great!
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Circus123
01-09 02:50 PM
Extrapolating the Einstein equation E =mc2 I get the following results :
EB3 June 01
EB2 Dec 2000
EB3 June 01
EB2 Dec 2000
more...
nkavjs
10-18 10:38 PM
July 2nd Filer.
RD : Oct 2
Receipts mailed : Oct 8
EAD cards : Oct 1oth issued.. recd. Oct 18th
FP pending
AP pending
RD : Oct 2
Receipts mailed : Oct 8
EAD cards : Oct 1oth issued.. recd. Oct 18th
FP pending
AP pending
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crystal
10-18 10:56 AM
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
C. Personal Check in Mail:
You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.
Immigration Voice
PO Box 114
Dayton, NJ - 08810
C. Personal Check in Mail:
You can send us a physical check. Most banks now provide a feature called BillPay by which you can send a check to anyone directly from your Bank's website free of cost. If you would like confirmation that your check has been received, please write your email id in the memo section of the check. Make the checks payable to Immigration Voice and send it to the following address.
Immigration Voice
PO Box 114
Dayton, NJ - 08810
more...
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aadimanav
09-05 09:17 PM
I personally love and am proficient in Hindi but I don't think we should make this site look like a Desi forum. Even if your post about India, a lot south/east indian people don't speak/understand hindi.
Ok. I wrote the translation too. Please be happy now. :)
Ok. I wrote the translation too. Please be happy now. :)
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qualified_trash
11-14 08:01 PM
My RIR is rejected. My LC is still pending.
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
as it is clear from this post of yours, and reading your first post again, your LC conversion from regular LC to a RIR LC was rejected. does not mean your LC has been rejected and it definitely means that you do retain your PD.
while it is certainly painful for you, it definitely is not as bad as our reaction to your first post made it out to be...... so hang in there!!
My lawyer says it is moved to TR queue
If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain
as it is clear from this post of yours, and reading your first post again, your LC conversion from regular LC to a RIR LC was rejected. does not mean your LC has been rejected and it definitely means that you do retain your PD.
while it is certainly painful for you, it definitely is not as bad as our reaction to your first post made it out to be...... so hang in there!!
more...
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lacrossegc
07-30 03:44 PM
Dude ,
to clarify: my question was after you submit all the forms 1485, EAD, AP et all.... when does USCIS send out FP notices .... given the huge volume even receipts will take longer
Within 4-10 days, after the USCIS sent the FP notice. :mad:
to clarify: my question was after you submit all the forms 1485, EAD, AP et all.... when does USCIS send out FP notices .... given the huge volume even receipts will take longer
Within 4-10 days, after the USCIS sent the FP notice. :mad:
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sheela
08-15 05:51 PM
Couldn't resist opening a new thread and sharing this with fellow IVians.
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
Congratulation,
You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
Congratulation,
You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this
more...
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REEF�
06-11 03:52 PM
And everyone has a side with some boobies!
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Dhundhun
08-29 03:44 PM
...they want to distribute them judiciously.
USCIS ... judiciously???
LOL
USCIS ... judiciously???
LOL
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Berkeleybee
03-01 01:22 PM
All you have to do is scroll down the home page.
Let me know if you still have difficulties.
Let me know if you still have difficulties.
ramaonline
03-18 02:33 AM
You can take an infopass appt at the local office and speak to an immigration officer. I know of a similar case where the USCIS officer said that the derivative 485 application is no longer valid after divorce, and the derivative application will be denied. He sent some email to the service center asking them to deny the derivative 485. The primary 485 was still approved - I don't know what happened to the spouse's application.
In any case as long as you are the primary applicant, and spouse is a derivative applicant- your 485 application will not be affected.
In any case as long as you are the primary applicant, and spouse is a derivative applicant- your 485 application will not be affected.
monikainusa
03-22 09:46 AM
Sorry for any confusion. Here are the details :
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
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