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  • mailtobalu
    07-28 03:36 PM
    Hi,

    I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.

    Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.

    If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?

    Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?





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  • BharatPremi
    05-11 09:04 PM
    Gurus,

    In response to the documents I sent to USCIS for RFE I received following update on USCIS web site. Does this mean anything? Particularly what should I derive for Blue colored text?

    Thanks.

    Receipt Number: LINXXXXXXXXXX

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Response to request for evidence received, and case processing has resumed.

    On May 7, 2009, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    You can choose to receive automatic case status updates, which will be sent via email. Please click here to create an account online





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  • jonty_11
    06-15 01:17 PM
    This from Immigration-law.com

    06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing

    The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
    In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.





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  • sbmallik
    05-25 05:22 PM
    If your MIL is not in the US, you cannot technically extend the visa.



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  • probe
    09-04 02:25 PM
    Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine.
    A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.





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  • gc_maine2
    03-27 03:21 PM
    :D:D:D::D LOL

    On serious note, its really long wait.


    Your individual capacity to stand against frustration, worry and adaptability to strange and sudden events and conditions.:)



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  • meridiani.planum
    07-07 11:43 PM
    I'm from Bangldesh
    EB3

    My PD is may 2006

    I already received my EAD, AP

    even last month the Mar 2006 was current. Any chance that my I485 will be approved in short time. My H1b is also expiring on October 2008. Should i renew it or just wait for my I485 approval....

    Please advice me gurus....

    renew it. However there is no need to file H1 renewal right now, you can wait and file it even a few days before its expiry, and continue working while the renewal is pending. So plan on renewing, but dont file till Sept 2008 in case you get an approval before that.





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  • Waitingnvain
    10-23 05:15 PM
    Hi Folks:

    Is there a time limit for one to travel on Advance Parole. I was told that if a person travels abroad and intends to enter using AP, the maximum time allowed is 6 weeks, is this true?

    Thanks



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  • AllIzzWell
    03-08 11:19 AM
    Gurus,

    I will be travelling to India and the airlines is AirIndia via Frankfurt. FYI, my US visa expired in 2007 have valid I797 (until Oct 1st, 2010). Do i need to obtain a visa to travel via franfurt. AirIndia flight stops for couple of hours in Frankfurt to re-fuel.

    Also as you can see my I797 is valid for six more months (company will apply for renewal) but will it be safe to visit India and get stamped for Six months valid document (I797).

    My wife is on H4, is only she travels will it be ok from visa stamping standpoint. If there is risk, i will not travel but she has to due to family emergency.

    Any input/advise is appreciated.

    Thanks





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  • gcformewhen
    09-10 05:02 PM
    Hi,

    I got laidoff recently. My company is going to withdraw H1b. I have my 140 approved from same company and my 485 pending. I have EAD and never used and working on H1B for the same company. I was working for the same company which processed my H1B.

    If H1B is withdrawn is there going to be any effect on my 485? like any possibility of RFE on 485 for EVL? My employer said they will not withdraw or revoke 140.

    How long will it take to withdraw H1B?

    your inputs are much appreciated.

    Thanks



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  • immi2006
    01-05 10:02 AM
    Folks,

    Without much emphasis - will this not add weight atleast to show what the Tech companies have the power ? The founders are immigrants

    Link # 0
    http://nl.newsbank.com/nl-search/we/Archives?p_action=doc&p_docid=11678789AF708BE8&p_docnum=2
    San Jose Mercury News (CA) January 4, 2007 Section: Front

    VALLEY'S NEW LEADERS COMING FROM OVERSEAS
    STUDY SHOWS IMMIGRANTS HELP CREATE MORE THAN HALF OF AREA'S START-UPS - JOHN BOUDREAU, Mercury News

    Sudhakar Muddu left everything familiar in his homeland of India in 1990 to attend Yale University on a post-graduate scholarship. He later worked for IBM and Silicon Graphics.


    Link # 1

    http://cbs5.com/topstories/local_story_004195228.html
    California Can Thank Google For Budget Windfall
    (AP) SACRAMENTO Someday, this era may simply be known as The Google Years.
    California, whose budget revenue slides up and down like a yo-yo with changes in capital gains and stock options, is once again counting on outsized income tax filings from a handful of tech executives to help balance its budget. For this wave, California can largely thank Google Inc.
    After cashing in more than 9 million shares valued at $3.7 billion last year, 16 Google insiders will owe the Golden State as much as $380 million in taxes -- enough to cover the salaries of more than 3,000 state workers. - And countless other employees in Silicon Valley,





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  • Blog Feeds
    04-26 11:30 AM
    For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-FBsuit_25met.ART.Central.Edition1.4c77c2c.html) article reporting this decision:

    U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.

    The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.

    Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.

    "The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."

    But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.

    About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.

    In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.

    That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.



    More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/tzioDil0POU/)



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  • aarzoo
    01-14 12:52 PM
    There have been cases reported in past on this forum where the PERM approval was lost in mail.

    You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).

    Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.

    Are you porting to EB2?





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  • baburob2
    04-29 01:05 PM
    Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
    Some of the factors to consider before refiling:
    1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
    2)Alien requiring a seventh-year extension:
    It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
    3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
    If the above economic factors seem to cause any issues dont refile.

    This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.



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  • like_watching_paint_dry
    01-20 09:37 AM
    If you're a lot of people and one fine Saturday eve, you get calls from more than one of 'm to go out than the hotter one is what's called a "pririty date".:D

    Sorry. Couldn't help.

    And since the immigration system here has got its act upside-down, the older the date is, the hotter it gets.. :D





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  • chandra140
    07-25 07:34 AM
    I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.

    Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.

    My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
    Do i have any problems at port of entry to us ?.

    Or do i need to go for H1B stamping for Company B.

    please tell me what are my options.any help is greatly appreciated.



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  • mallikonnet
    07-07 09:22 PM
    My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.


    yes you can extend h1b with out any problems





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  • WhatWentWrong
    05-14 05:23 PM
    Hello,

    Here's my situation:
    H1b: 7th Year (valid through Nov 2009)
    Labor: Approved
    140: Approved
    Category: EB2
    Priority Date: Aug 2007
    485/EAD: cannot file due to retrogression

    I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
    1. Can I change my employer?
    2. Can I retain my Priority date?
    3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?

    Please help.

    Thank you.





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  • venky08
    06-13 11:00 PM
    As usual to complicate decision making.... :mad:

    Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.

    I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!

    Should I just stick on to my current job and ride it out for 6 months to get EAD?

    When does one get EAD 3 months after filing 485 or after 6?
    Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?


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    tabletpc
    03-30 11:21 AM
    I need to take an apppointment for myself and my wife in May. Unfortunatly few days back I found a mistake in my wife's password and it will take 21 days to get it corrected. I doubt if she can get the passport on time to schedule an appointment for May 2nd week. However I am sure to get wife's new passport by May 2nd week. So I was thinking of taking an appointment using her old PP number and editing the info later.

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