paulinasmith
08-05 12:49 PM
Hi
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
Well you can join the new employer and they can apply for H1B Transfer. After April 2011 you can get extension or even F1 visa is useful for 1 year. After 1 year u can again come back to H1B status.
I completed my 6th year H1B in April 2010 and am currently on a 7th year extension based on a pending PERM application with my current employer.
I am currently considering taking an offer from a new employer who is willing to process my H1b transfer and my question is:
1) Is it possible to transfer a 7th year extension to a new employer given that PERM will still be pending?
2) If yes, will I need to give them any evidence regarding the pending PERM as I don't have any document on it except the receipt number from DOL.
3) My current H1b expiration date is in April 2011. If the new employer files for an H1b transfer in July 2010, will I get the same H1b expiration date or a new one (i.e. July 2011)?
This is important in my case because my wife who is currently a LPR will be eligible to become a US Citizen in June 2011 and I will likely not need to go through the PERM process.
Any advice on the above will help a lot.
Thank you!!!!!
Well you can join the new employer and they can apply for H1B Transfer. After April 2011 you can get extension or even F1 visa is useful for 1 year. After 1 year u can again come back to H1B status.
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05-10 07:51 AM
He gets kicked out of the country.
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05-07 09:10 AM
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NH123
01-13 12:49 PM
EMC Corporation
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ChainReaction
02-19 10:17 AM
Hi,
I just saw on DOL website that my PBEC labor has been approved, on the other hand my old i-140 is stuck in NSC filed Sept 9th, 2006 EB3.
My question is how can i port my old PD? Should i wait for the old i-140 to be approved and then file for the new one or is there a way i can use the old i-140 later on during the 485 filing time to port the PD?
Any suggestion will be appreciated.
Is there anyone in this situation please help:)
I just saw on DOL website that my PBEC labor has been approved, on the other hand my old i-140 is stuck in NSC filed Sept 9th, 2006 EB3.
My question is how can i port my old PD? Should i wait for the old i-140 to be approved and then file for the new one or is there a way i can use the old i-140 later on during the 485 filing time to port the PD?
Any suggestion will be appreciated.
Is there anyone in this situation please help:)
simple1
09-17 01:25 PM
The following attracted me.
- only toefl required. no gre/gmat required.
- low fees (with sponsored tuition option)
- detc accretion (legal, not a diploma mill)
- no residency required.
Other than that it is not a famous university. I believe it is not in any ranking what so ever.
more details.
http://www.aju.edu/Admissions/catalog.pdf
They offer specialization on sales, strategy, finance, hr, health services and marketing.
I am just thinking about applying. Not decided yet.
This is interesting. Do you know more about the program ?
The website has very little info. They want $75 fee to get started.
Is there info on who offers the degree, how many courses need to be taken, how long does it take etc ?
- only toefl required. no gre/gmat required.
- low fees (with sponsored tuition option)
- detc accretion (legal, not a diploma mill)
- no residency required.
Other than that it is not a famous university. I believe it is not in any ranking what so ever.
more details.
http://www.aju.edu/Admissions/catalog.pdf
They offer specialization on sales, strategy, finance, hr, health services and marketing.
I am just thinking about applying. Not decided yet.
This is interesting. Do you know more about the program ?
The website has very little info. They want $75 fee to get started.
Is there info on who offers the degree, how many courses need to be taken, how long does it take etc ?
more...
Dakshini R. Sen
06-23 11:18 PM
Hello All,
Need you guys expert advise on a problem that I have just found.
I was on L1 since 2007 and in 2008 got my H1B visa done. Since I was in the US during september and october 2008, I changed my company who held my H1B as of 1st October,2008. I dont have an H1B stamp on my passport as I have not been out of the US.
It was only yesterday that I realised I had a I-797B approval notice, which from what I read yesterday, means that I have a petition approved but without I-94.
Now my L1 I-94 on my passport is valid till November 2010.
Need your help to understand if I have an issue here for the fact that I have worked with my employer who holds my H1B for the past 9 months.
If so what are the challenges that I have and the solutions for them.
Also has anyone been in the same situation.
Would greatly appretiate your help in this.
It is necessary to get more information from you in order to give you a specific answer. If possible please call me or e-mail me in detail with exact dates.
Need you guys expert advise on a problem that I have just found.
I was on L1 since 2007 and in 2008 got my H1B visa done. Since I was in the US during september and october 2008, I changed my company who held my H1B as of 1st October,2008. I dont have an H1B stamp on my passport as I have not been out of the US.
It was only yesterday that I realised I had a I-797B approval notice, which from what I read yesterday, means that I have a petition approved but without I-94.
Now my L1 I-94 on my passport is valid till November 2010.
Need your help to understand if I have an issue here for the fact that I have worked with my employer who holds my H1B for the past 9 months.
If so what are the challenges that I have and the solutions for them.
Also has anyone been in the same situation.
Would greatly appretiate your help in this.
It is necessary to get more information from you in order to give you a specific answer. If possible please call me or e-mail me in detail with exact dates.
2010 Victoria Beckham Spring 2010
reddy_h
08-18 10:08 PM
Hi All,
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
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hibworker
02-04 04:50 PM
You can use existing visa + new approval notice. Make sure that on arrival the I-94 is stamped until expiration on new approval notice and not the visa expiration date.
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whitecollarslave
09-22 10:45 AM
I will be going to a USCIS roundtable on customer service on Sept 23.
I am being told that this roundtable is with other USCIS customers facilitated by USCIS staff. From what I know, the focus will be on customer service.
Did anybody else sign up for this?
If you have any comment/feedback/experience related to customer service that you want to share, please contact me.
I am being told that this roundtable is with other USCIS customers facilitated by USCIS staff. From what I know, the focus will be on customer service.
Did anybody else sign up for this?
If you have any comment/feedback/experience related to customer service that you want to share, please contact me.
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03-01 10:28 PM
Thanks rajesh_kamisetty for your prompt reply. It helps.
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theOne
09-22 12:12 AM
I recently got my gc. Is there anything I need to do to initiate my Citizenship process ?
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ras
06-30 06:28 PM
Here is a memo from one of the law firms, I found on the net.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.
more...
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GCDream
07-08 08:20 AM
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
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vikasgarg24
07-12 10:09 AM
I think this become a problem for USCIS. might be they have some political pressure "not to allot Visa" and I dont think they will reversed. That I say American dadagiri. Rules for others only not for them
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Munna Bhai
04-18 11:21 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
45 day rule is not implemented yet.
gccube
06-15 03:55 PM
It was applied in April at TSC and it was a substitution case.
txh1b
08-14 11:46 AM
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