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
jasmin45
08-08 04:27 PM
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.
You are correct! Question is not about 180 days limit.. it was about paystubs and job itself. If there is no paystub for extended period, its more than "in status" issue. From employer perspective, Its a voilation, not paying a sponsored Ailen. From employee perspective, this may generate hickups when IO ask to produce proof of salary and taxes during adjudication of 485 if total pay does not add up to statutory minimum for H1B.
Pagal
05-29 01:05 PM
Hello,
Good points, but all are already on IV agenda in one form or another... please visit the IV agenda thread to read what all IV is doing...
Good points, but all are already on IV agenda in one form or another... please visit the IV agenda thread to read what all IV is doing...
wandmaker
12-07 11:19 PM
I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
(1) You can renew your EAD while you are outside the country (2) you should come back before your AP expires or get back with the valid visa (3) if you e-file your EAD you will get a finger printing notice, you will have to goto ASC to give your picture. Paperfiling does not trigger EAD unless your FP expires, which is usally 15 months from your last FP.
Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!
(1) You can renew your EAD while you are outside the country (2) you should come back before your AP expires or get back with the valid visa (3) if you e-file your EAD you will get a finger printing notice, you will have to goto ASC to give your picture. Paperfiling does not trigger EAD unless your FP expires, which is usally 15 months from your last FP.
more...
GCBy3000
04-17 10:39 AM
yes, GC is for future job. But if you are working with the employer while the GC in process, it is hard to substantiate that you are doing similar job in Team lead and in Manager position. There are job codes http://online.onetcenter.org/. These are the guidelines followed by USCIS. Any employer will not allow this to happen as an audit will cause this employer to be on blacklist with USCIS.
You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).
You can take any job and role until you adjucate 485. Once your adjucate the 485, you have to come back to the role defined in your LPR and stay there for a while. There is not strict guildeline for the timeframe on how long you have to do the current role once your have your GC. My company attorney recommends 6months to a year. After this, you are safe. Nothing will be a problem if you do not follow these guidelines until you go for naturalization(citizenship).
jr8rdt
01-06 06:55 PM
I am interested with this topic as well. can somebody confirm that once we use AP to travel we can still work on H1 and don't have to invoke EAD?
more...
Mayday
04-03 07:21 PM
You may be rejected to re-enter, as well as you may have your green card application declined based on this unlawful presence.
You should leave the USA on or before the date on your I-94 or have I-94 extended. Actually your employer must have done that.
Border patrol officer was at mistake to stamp that date on I-94 in the first place, but you should be aware of this and notify your employer so they could take action. Actually, I believe, you could get a new I-94 right away.
You need another lawyer on this issue if you are really concerned about filing green card application in the future. 3 years bar may not be that bad actually to make your green card happen sooner.
I would look into a possibility of complaint about border patrol officer improper posting however I am not sure if it may help.
You should leave the USA on or before the date on your I-94 or have I-94 extended. Actually your employer must have done that.
Border patrol officer was at mistake to stamp that date on I-94 in the first place, but you should be aware of this and notify your employer so they could take action. Actually, I believe, you could get a new I-94 right away.
You need another lawyer on this issue if you are really concerned about filing green card application in the future. 3 years bar may not be that bad actually to make your green card happen sooner.
I would look into a possibility of complaint about border patrol officer improper posting however I am not sure if it may help.
xu1
07-28 05:44 AM
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
Murthy's most recent newsletter (available on their homepage) mentioned how I140 premium processing would enable one in your situation to extend their h1b beyond six years.
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
Murthy's most recent newsletter (available on their homepage) mentioned how I140 premium processing would enable one in your situation to extend their h1b beyond six years.
more...
RandyK
01-03 04:12 PM
I am waiting to sign up for the monthly.
I don't think it is a good idea to restrict members by the amount they contribute. As we already know we only have around 200 members that actually contribute financially out of the 7K membership.
We are a grassroots organization we need all the foot solders we can get (remember how effective it was in December, when we mobilized together). Restricting users would turn members away and when we loose them, we loose them for good. There will not be any references from those who leave.
Remember Howard Dean's fund raising campaign mostly they collected $10 and $20 not just big amounts for his presidential campaign. We must take what we can and encourage members to participate. When members see what we do they will volunteer.
A first time visitor to our website is not going to trust us to give money with out knowing what we are all about. When we restrict them they will never know what we are doing.
Just think about it. Would you do it?
I don't think it is a good idea to restrict members by the amount they contribute. As we already know we only have around 200 members that actually contribute financially out of the 7K membership.
We are a grassroots organization we need all the foot solders we can get (remember how effective it was in December, when we mobilized together). Restricting users would turn members away and when we loose them, we loose them for good. There will not be any references from those who leave.
Remember Howard Dean's fund raising campaign mostly they collected $10 and $20 not just big amounts for his presidential campaign. We must take what we can and encourage members to participate. When members see what we do they will volunteer.
A first time visitor to our website is not going to trust us to give money with out knowing what we are all about. When we restrict them they will never know what we are doing.
Just think about it. Would you do it?
Lydia
06-15 01:36 PM
can you guys suggest how to proceed with my cases... where i am totally screwed up.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
more...
gsrknth
07-23 01:42 PM
http://immigrationvoice.org/wiki/index.php/AP
You cannot renew AP while in India. The above link has good information.
You cannot renew AP while in India. The above link has good information.
devamanohar
08-15 05:00 AM
Is it necessary to file second time with I-140 reciept?
What is the fee?
Do you have new form I-485 and I-765 (EAD)?
What is the fee?
Do you have new form I-485 and I-765 (EAD)?
more...
msp1976
05-27 01:40 PM
Problem with the poll is that only people with not current PD come here, people with current PD do not come here any longer...
IVFOREVER
03-27 03:49 PM
I will also agree with you "To be positive". But being realistically positive is good and avoids disappointment at the end of the day.
:D:D:D
:D:D:D
more...
tulips
05-25 08:51 AM
Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?
pd_recapturing
06-20 05:51 PM
If my I 140 approval notice does not have A#, what does it mean? How come, lots of ppl have A# on the I140 approval notice but a few like me dont have? Any idea, what should I fill for A# in 485 forms?
more...
webm
05-21 05:33 PM
thank you for giving me confidence...did u do e-file?
It's a Paper filing..
It's a Paper filing..
meridiani.planum
04-07 01:05 AM
It is worse than that.. :)
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
that was amazing. Is the maker of that video an IV member?
Please watch the following youtube video to understand how USCIS works
http://www.youtube.com/watch?v=-30BZtpvaTY
that was amazing. Is the maker of that video an IV member?
rajarao
09-11 11:06 AM
The trend here clearly shows- how bad is this broken LEGAL immigration system. NSC send only receipts, TSC sends EADs but no receipts. People with 2005 prioritry date get their GCs (some reported EB-2 cases from India that got GC in July, because prioroty dates were current), but the next month goes back to unavailable and then to Apr 04 (Sept visa bulletin) and then may go back to stone ages (some predict 2003- for October bulletin).
Isn't this time for fixing the system- legally?.. IV is doing its best- kudos to IV and hope the eyes of US govt open up. It should not be hit or miss and your fate should not be decided by lottery- there is whole different category for that.
Isn't this time for fixing the system- legally?.. IV is doing its best- kudos to IV and hope the eyes of US govt open up. It should not be hit or miss and your fate should not be decided by lottery- there is whole different category for that.
pmamp
11-03 02:12 PM
I know approval for extension vastly depends on the justification or reason for extended stay. As said here... taking care of grand kids is not one of the favorable reason. That seem to tick IO off. So, just keep in mind this issue while you apply for her extension.
Berkeleybee
05-18 08:13 PM
Good job! However, like I and some other people on this forum have mentioned before, there is the need to de-emphasize our course as an Indian course. We know the majority of people in the GC process are of Indian or Chinese origin but we should recognize we need an all-inclusive approach to this struggle.
I clicked on the link and the headline read "Indian immigrants in US raise voices" While I understand that this might have come from the reporters who put togther the news, it is important that the members of IV at the forefront of this campaign and indeed all members on this forum, portray our course as as a high-skilled immigrant course and NOT an Indian or Chinese course.
Just something to think about!
Alabaman,
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
Franklin,
We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.
One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.
best,
Berkeleybee
I clicked on the link and the headline read "Indian immigrants in US raise voices" While I understand that this might have come from the reporters who put togther the news, it is important that the members of IV at the forefront of this campaign and indeed all members on this forum, portray our course as as a high-skilled immigrant course and NOT an Indian or Chinese course.
Just something to think about!
Alabaman,
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
Franklin,
We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.
One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.
best,
Berkeleybee
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