jsb
11-27 04:31 PM
Thank you wandmaker. This helps.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
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surabhi
06-18 10:01 AM
I asked the same question yesterday at POE Boston.
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
So when do you need to renew? Before June 17, 2009 ( your parole stamp validity) Or before the expiration of your original AP document?
Thanks a lot
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
So when do you need to renew? Before June 17, 2009 ( your parole stamp validity) Or before the expiration of your original AP document?
Thanks a lot
sreddy80
10-23 10:21 PM
newyorker123,
this I 140 is applied by old employer but did not share the receipt# and no 485 was applied that time. I want to port the PD from that I140 to the current I140/I485. For that purpose, I need the copy of old I140.
ssingh92,
I just applied the FOIA and just crossed my fingers. Lets see how it goes...
Thanks for all your radvise and support!
this I 140 is applied by old employer but did not share the receipt# and no 485 was applied that time. I want to port the PD from that I140 to the current I140/I485. For that purpose, I need the copy of old I140.
ssingh92,
I just applied the FOIA and just crossed my fingers. Lets see how it goes...
Thanks for all your radvise and support!
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belmontboy
05-06 07:37 PM
it was due to glitch.
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camphor
12-08 12:28 AM
Thanks guys for the response !
a_paradkar
08-05 12:43 PM
My lawyer sent my wife EAD renewal papers to VSC.
Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.
I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?
FedEx trackinh number says it was received at VSC on July 10.
Can anybody shed some light whats going to happen next ?????
Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.
I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?
FedEx trackinh number says it was received at VSC on July 10.
Can anybody shed some light whats going to happen next ?????
more...
martinvisalaw
11-05 08:17 PM
I moved to a new company and yet to receive my I-797 approved from INS. My old company visa is valid till May 2010. If they have not revoked it can i still travel out of country and come back?
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
You should not return showing just the old visa and approval notice for Company A. That would be misrepresenting to CBP that you were still working for Co. A. You need to show the receipt for Co. B's filing to show that you are working for them using portability (I assume you are)
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Pasquale
10-24 04:12 AM
What is your rate?
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apk_sdpd
01-21 07:46 PM
Hi,
My PERM got denied next day after filing 7th year H1B extension, Is my H1 will approve?
extension filied on Premium processing. what are the chance me to continue on H1 and green card process.
PERM filied: 12/10/2008
Audit: 12/19/2009
H1B ending: 02/19/2011
H1B filied for 7th year extn: 01/18/2011
PERM denied: 01/20/2011
Please let me know if know such issues...
Thanks
My PERM got denied next day after filing 7th year H1B extension, Is my H1 will approve?
extension filied on Premium processing. what are the chance me to continue on H1 and green card process.
PERM filied: 12/10/2008
Audit: 12/19/2009
H1B ending: 02/19/2011
H1B filied for 7th year extn: 01/18/2011
PERM denied: 01/20/2011
Please let me know if know such issues...
Thanks
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joydiptac
01-22 04:18 AM
The actual story:
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hemanth22
06-25 05:29 PM
yes, that is correct, i meant can i got for H-1 stamping while 485 is pending
and ead/ap is approved.
Again in case the H-1 stamping is denied for any reason , can i come back on AP
I am a little concerned of H1 stamping being a problem because my case is complicated ,for the years June 2005- June 2006 i dont have a H1 approval from USCIS for the 6th year, This was because the case was stuck in a security check .
We applied a case again in April 2006 , which was approved on August 2006 ( after the security check has been completed ).
Regards
and ead/ap is approved.
Again in case the H-1 stamping is denied for any reason , can i come back on AP
I am a little concerned of H1 stamping being a problem because my case is complicated ,for the years June 2005- June 2006 i dont have a H1 approval from USCIS for the 6th year, This was because the case was stuck in a security check .
We applied a case again in April 2006 , which was approved on August 2006 ( after the security check has been completed ).
Regards
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Kevin Sadler
June 6th, 2005, 05:34 AM
I put in my thumbs up for the 3d effect. Very cool. The first thought that comes to my mind is one of those lovey dovey greeting cards with the gold scripted lettering. This is definitely a candidate for that.
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susie
09-27 11:23 PM
Hi all,
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
In Adlac 2
It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien
If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.
How did you get on with the attorney?
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
In Adlac 2
It say if both the CSPA and Patriot apply then the better benefit should be accorded to the alien
If patriot act does apply add 45 days onto his birthday, but the visa number did not become concurrent till 62 days past birthday.
How did you get on with the attorney?
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krishnam70
05-04 06:39 PM
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
more...
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muralip
09-11 10:05 PM
Hi,
Many thanks for your response
Many thanks for your response
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desi3933
06-18 03:38 PM
Hi,
Suppose the 485 is filed for a position (salary 70K). When using AC21, does the salary in the new company matters? Suppose if its 110K?
Also, does the title matter? Do we need to get the exact job title in the new company?
It may be one the criteria to check if the new job is same or similar.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Suppose the 485 is filed for a position (salary 70K). When using AC21, does the salary in the new company matters? Suppose if its 110K?
Also, does the title matter? Do we need to get the exact job title in the new company?
It may be one the criteria to check if the new job is same or similar.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
more...
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npk1255
10-04 10:55 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
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bugsbunny
05-17 01:24 PM
Hi,
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
I will be done with my second master's this July 29. I have two months grace period to leave the country as I already used my OPT after my first master's. I have a job offer and they are willing to do my H1B which starts from October 2011. But my two months grace period will end this september 29. If my H1B is filed in September under Premium processing, will I be in status or out of status for those two days. Did any one face similar problem before. If so, can you please give me the solution?
Thanks,
KEDoubt
You can extend your F1 status under "cap-gap" relief
USCIS - Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations</br> Questions and Answers (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)
Here is an extract but please read the entire document carefully from the above link
Q4. How does a student covered under the cap-gap extension obtain proof of continuing status?
A4. The student should go to their Designated School Official (DSO) with evidence of a timely filed H-1B petition (indicating a request for change of status rather than for consular processing), such as a copy of the petition and a FedEx, UPS, or USPS Express/certified mail receipt. The student�s DSO will issue a preliminary cap-gap I-20 showing an extension until June 1.
If the H-1B petition is selected for adjudication, the student should return to his or her DSO with a copy of the petitioning employer�s Form I-797, Notice of Action, with a valid receipt number, indicating that the petition was filed and accepted. The student�s DSO will issue a new cap-gap I-20 indicating the continued extension of F-1 status.
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rvr_jcop
02-17 09:50 PM
I want to do H1 transfer . But I do not have pay stub of Jan and Feb 2009 . Right now I got a project which will be starting from March 1 to 31 March . But before that I want To Transfer my H1 . Doses H1 Transfer need recent Pay Stubs ?
Doesnt matter how many threads you create to ask the same question, but I am afraid the response you will get will ramain the same. "You do need pay stubs". Hope this helps.
Doesnt matter how many threads you create to ask the same question, but I am afraid the response you will get will ramain the same. "You do need pay stubs". Hope this helps.
ramus
05-14 08:30 AM
How much money would anybody able to spend for this kind of law-suit?
glus
03-27 07:47 AM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
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