engineer
01-20 02:49 PM
My understanding is that by using AC21 portability (when I140 is approved and i485 is pending for > 180 days),
one can work for current or any employer provided that new job is 'similar' (per DOL definition) to job listed in labor certification. In this case even if employer revokes 140 petition, 485 petition remains valid
and
One can used AC21 and continue to work for new employer on H1b (even if it is in 7th year extension stage) and doesn't have to use EAD,
Is my understanding correct? if yes,
1. Does one need to notify USCIS/ DOL after invoking AC21 ?
2. If one leaves current company due to better job, life changing event or layoffs what does companies doe generally? Do they revoke 140 petition?
What are other pros and cons of using AC21 ?
one can work for current or any employer provided that new job is 'similar' (per DOL definition) to job listed in labor certification. In this case even if employer revokes 140 petition, 485 petition remains valid
and
One can used AC21 and continue to work for new employer on H1b (even if it is in 7th year extension stage) and doesn't have to use EAD,
Is my understanding correct? if yes,
1. Does one need to notify USCIS/ DOL after invoking AC21 ?
2. If one leaves current company due to better job, life changing event or layoffs what does companies doe generally? Do they revoke 140 petition?
What are other pros and cons of using AC21 ?
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Blog Feeds
09-12 09:40 AM
There has been an interesting alliance of antis in both the health care and immigration arenas to scare people in to believing that illegally present immigrants will be eligible for subsidies to secure health insurance under the health care reform proposal being pushed by President Obama. That claim is patently false. But that did not stop one extremist in the Congress, Representative Joe Wilson (R-SC) from screaming "You lie!" when President Obama addressed that myth. This appalling lack of respect has already led the GOP to go in to damage control mode and Wilson issued an apology within minutes of...
More... (http://blogs.ilw.com/gregsiskind/2009/09/president-heckled-by-gop-congressman-over-bogus-claim-that-illegally-present-immigrants-will-be-cove.html)
More... (http://blogs.ilw.com/gregsiskind/2009/09/president-heckled-by-gop-congressman-over-bogus-claim-that-illegally-present-immigrants-will-be-cove.html)
visli_com
03-12 05:27 PM
Hi Guys
My I-140 cleared on last month, also I applied for 3 year's visa extension, got receipt. Now I want to change company, I got a got offer from a big company. My question is
1. If I'll apply H1-b from new company , how many years visa I'll get(With current I-140)?
2. Is it possible to keep PD of my current GC (Aug'03)? even in case of my current company revoke/use my GC?
Thanks.
My I-140 cleared on last month, also I applied for 3 year's visa extension, got receipt. Now I want to change company, I got a got offer from a big company. My question is
1. If I'll apply H1-b from new company , how many years visa I'll get(With current I-140)?
2. Is it possible to keep PD of my current GC (Aug'03)? even in case of my current company revoke/use my GC?
Thanks.
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ab3
04-14 01:52 PM
I have a question about filling out this section: PART 4, Processing Information. I am the employer and applying for a current H-1B holder (currently with another company) to transfer to my company AND extend his stay. He is currently here in the US.
Some people tell me I don't have to fill this section in, however the instructions say "if beneficiary...is outside the usa OR a requested extension of stay...cannot be granted, state US consulate or inspection facility you want notified".
What address should I put/consulate should I use (H-1B holder is from India).
Questions: 1) do i have to fill in all 1.a,b, c, and d?
2) does it matter if i check off consulate, pre-flight inspection, or port of entry?
3) if beneficiary doesn't have a fixed address in India anymore can I leave it blank?
Thank you for any help.
Some people tell me I don't have to fill this section in, however the instructions say "if beneficiary...is outside the usa OR a requested extension of stay...cannot be granted, state US consulate or inspection facility you want notified".
What address should I put/consulate should I use (H-1B holder is from India).
Questions: 1) do i have to fill in all 1.a,b, c, and d?
2) does it matter if i check off consulate, pre-flight inspection, or port of entry?
3) if beneficiary doesn't have a fixed address in India anymore can I leave it blank?
Thank you for any help.
more...
chanduv23
02-17 02:40 PM
Dear IV Members,
We intend to have the next conference call on Saturday, March 01, 2008 at 12 Noon Eastern.
Attorney Prashanti Reddy will be answering questions from IV members. We will be opening up a thread shortly for members to post their questions.
Prashanti wishes to focus on these topics
"Since this is the H-1b season, and the quota is opening up on April 1. I am sure a lot of people will have questions on F-1 or L-1 or H-4 to H-1 transfers or H-1b consular processing.
Also EB-2 India is unavailable, lot of people will have questions on what to do"
Apart from these, please feel free to post questions on other topics also, like usage of EAD, AC21 ......
We intend to have the next conference call on Saturday, March 01, 2008 at 12 Noon Eastern.
Attorney Prashanti Reddy will be answering questions from IV members. We will be opening up a thread shortly for members to post their questions.
Prashanti wishes to focus on these topics
"Since this is the H-1b season, and the quota is opening up on April 1. I am sure a lot of people will have questions on F-1 or L-1 or H-4 to H-1 transfers or H-1b consular processing.
Also EB-2 India is unavailable, lot of people will have questions on what to do"
Apart from these, please feel free to post questions on other topics also, like usage of EAD, AC21 ......
Macaca
11-09 04:54 PM
A Failure to Lead (http://www.opinionjournal.com/editorial/feature.html?id=110010843) The Democratic Congress is more interested in acting out than in taking positive action BY KARL ROVE | Wall Street Journal, November 9, 2007
Mr. Rove is a former adviser to President George W. Bush.
This week is the one-year anniversary of Democrats winning Congress. But House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid probably aren't in a celebrating mood. The goodwill they enjoyed after their victory is gone. Their bright campaign promises are unfulfilled. Democratic leadership is in disarray. And Congress's approval rating has fallen to its lowest point in history.
The problems the Democrats are now experiencing begin with the federal budget. Or rather, the lack of one. In 2006, Democrats criticized Congress for dragging its feet on the budget and pledged that they would do better. Instead, they did worse. The new fiscal year started Oct. 1--five weeks ago--but Democrats have yet to send the president a single annual appropriations bill. It's been at least 20 years since Congress has gone this late in passing any appropriation bills, an indication of the mess the Pelosi-Reid Congress is now in.
Even worse, the Democrats have made clear all their talk about "fiscal discipline" is just that--talk. They're proposing to spend $205 billion more than the president has proposed over the next five years. And the opening wedge of this binge is $22 billion more in spending proposed for the coming year. Only in Washington could someone in public life be so clueless to say, as Sen. Reid and Rep. Pelosi have, that $22 billion is a "relatively small" difference.
Let's also be clear about what it means to roll back the president's 2001 and 2003 tax cuts, as the Democrats want to do. Every income-tax payer will pay more as all tax rates rise. Families will pay $500 more per child as they lose the child tax credit. Taxes on small businesses would go up by an average of about $4,000. Retirees will pay higher taxes on investment retirement income. And now we have the $1 trillion tax increase proposed as "tax reform" by the Democrats' chief tax writer last month.
----------------------------------------------------------------------------------------------------------------------------------------------------
Failing to pass a budget, proposing a huge spike in federal spending and offering the biggest tax increase in history are not the only hallmarks of this Democratic Congress.
Beholden to MoveOn.org and other left-wing groups, Democratic leaders have ignored the progress made in Iraq by the surge, diminished the efforts of our military, and wasted precious time with failed attempts to force an immediate withdrawal from Iraq. They continue to try to implement this course, which would lead to chaos in the region, the creation of a possible terror state with the third largest oil reserves in the world, and a major propaganda victory for Osama bin Laden as well as for Iran, Hamas and Hezbollah.
After promising on the campaign trail to "support our troops," Democrats tried to cut off funding for our military while our soldiers and Marines are under fire from the enemy. For 19 Senate Democrats, this was simply a bridge too far, so they voted against their own leadership's proposal. Democrats also tried to stuff an emergency war-spending bill with billions of dollars of pork for individual members. Now the party's leaders are stalling an emergency supplemental bill with funding for body armor, bullets and mine-resistant vehicles.
After pledging a "Congress that strongly honors our responsibility to protect our people from terrorism," Democrats have refused to make permanent reforms of the Foreign Intelligence Surveillance Act that the Director of National Intelligence said were needed to close "critical gaps in our intelligence capability." Their presidential candidates fell all over each other in a recent debate to pledge an end to the Terrorist Surveillance Program. Then Senate Democratic leaders, thinking there was an opening for political advantage, slow-walked the confirmation of Judge Michael Mukasey to be the next attorney general. It's obvious that this is a man who knows the important role the Justice Department plays in the war on terror. Delaying his confirmation is only making it harder to prosecute the war.
Democrats promised "civility and bipartisanship." Instead, they stiff-armed their Republican colleagues, refused to include them in budget negotiations between the two houses, and have launched more than 400 investigations and made more than 675 requests for documents, interviews or testimony. They refused a bipartisan compromise on an expansion of the State Children's Health Insurance Program, instead wasting precious time sending the president a bill they knew he would veto. And they did this knowing that they wouldn't be able to override that veto. Why? Because their pollsters told them putting the children's health-care program at risk would score political points. Instead, it left them looking cynical.
---------------------------------------------------------------------------------------------------------------------------------------------------
The list of Congress's failures grows each month. No energy bill. No action on health care. No action on the mortgage crisis. No immigration reform. No progress on renewing No Child Left Behind. Precious little action on judges and not enough on reducing trade barriers. Congress has not done its work. And these failures will have consequences.
Democrats had a moment after the 2006 election, but now that moment has passed. They've squandered it. They have demonstrated both the inability and unwillingness to govern. Instead, after more than a decade in the congressional minority, they reflexively look for short-term partisan advantage and attempt to appease the party's most strident fringe. Now that Democrats have the reins of congressional power, their true colors are coming out and the public doesn't like what it sees.
The Democratic victory in 2006 was narrow. They won the House by 85,961 votes out of over 80 million cast and the Senate by a mere 3,562 out of over 62 million cast. A party that wins control by that narrow margin can quickly see its fortunes reversed when it fails to act responsibly, fails to fulfill its promises, and fails to lead.
Mr. Rove is a former adviser to President George W. Bush.
This week is the one-year anniversary of Democrats winning Congress. But House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid probably aren't in a celebrating mood. The goodwill they enjoyed after their victory is gone. Their bright campaign promises are unfulfilled. Democratic leadership is in disarray. And Congress's approval rating has fallen to its lowest point in history.
The problems the Democrats are now experiencing begin with the federal budget. Or rather, the lack of one. In 2006, Democrats criticized Congress for dragging its feet on the budget and pledged that they would do better. Instead, they did worse. The new fiscal year started Oct. 1--five weeks ago--but Democrats have yet to send the president a single annual appropriations bill. It's been at least 20 years since Congress has gone this late in passing any appropriation bills, an indication of the mess the Pelosi-Reid Congress is now in.
Even worse, the Democrats have made clear all their talk about "fiscal discipline" is just that--talk. They're proposing to spend $205 billion more than the president has proposed over the next five years. And the opening wedge of this binge is $22 billion more in spending proposed for the coming year. Only in Washington could someone in public life be so clueless to say, as Sen. Reid and Rep. Pelosi have, that $22 billion is a "relatively small" difference.
Let's also be clear about what it means to roll back the president's 2001 and 2003 tax cuts, as the Democrats want to do. Every income-tax payer will pay more as all tax rates rise. Families will pay $500 more per child as they lose the child tax credit. Taxes on small businesses would go up by an average of about $4,000. Retirees will pay higher taxes on investment retirement income. And now we have the $1 trillion tax increase proposed as "tax reform" by the Democrats' chief tax writer last month.
----------------------------------------------------------------------------------------------------------------------------------------------------
Failing to pass a budget, proposing a huge spike in federal spending and offering the biggest tax increase in history are not the only hallmarks of this Democratic Congress.
Beholden to MoveOn.org and other left-wing groups, Democratic leaders have ignored the progress made in Iraq by the surge, diminished the efforts of our military, and wasted precious time with failed attempts to force an immediate withdrawal from Iraq. They continue to try to implement this course, which would lead to chaos in the region, the creation of a possible terror state with the third largest oil reserves in the world, and a major propaganda victory for Osama bin Laden as well as for Iran, Hamas and Hezbollah.
After promising on the campaign trail to "support our troops," Democrats tried to cut off funding for our military while our soldiers and Marines are under fire from the enemy. For 19 Senate Democrats, this was simply a bridge too far, so they voted against their own leadership's proposal. Democrats also tried to stuff an emergency war-spending bill with billions of dollars of pork for individual members. Now the party's leaders are stalling an emergency supplemental bill with funding for body armor, bullets and mine-resistant vehicles.
After pledging a "Congress that strongly honors our responsibility to protect our people from terrorism," Democrats have refused to make permanent reforms of the Foreign Intelligence Surveillance Act that the Director of National Intelligence said were needed to close "critical gaps in our intelligence capability." Their presidential candidates fell all over each other in a recent debate to pledge an end to the Terrorist Surveillance Program. Then Senate Democratic leaders, thinking there was an opening for political advantage, slow-walked the confirmation of Judge Michael Mukasey to be the next attorney general. It's obvious that this is a man who knows the important role the Justice Department plays in the war on terror. Delaying his confirmation is only making it harder to prosecute the war.
Democrats promised "civility and bipartisanship." Instead, they stiff-armed their Republican colleagues, refused to include them in budget negotiations between the two houses, and have launched more than 400 investigations and made more than 675 requests for documents, interviews or testimony. They refused a bipartisan compromise on an expansion of the State Children's Health Insurance Program, instead wasting precious time sending the president a bill they knew he would veto. And they did this knowing that they wouldn't be able to override that veto. Why? Because their pollsters told them putting the children's health-care program at risk would score political points. Instead, it left them looking cynical.
---------------------------------------------------------------------------------------------------------------------------------------------------
The list of Congress's failures grows each month. No energy bill. No action on health care. No action on the mortgage crisis. No immigration reform. No progress on renewing No Child Left Behind. Precious little action on judges and not enough on reducing trade barriers. Congress has not done its work. And these failures will have consequences.
Democrats had a moment after the 2006 election, but now that moment has passed. They've squandered it. They have demonstrated both the inability and unwillingness to govern. Instead, after more than a decade in the congressional minority, they reflexively look for short-term partisan advantage and attempt to appease the party's most strident fringe. Now that Democrats have the reins of congressional power, their true colors are coming out and the public doesn't like what it sees.
The Democratic victory in 2006 was narrow. They won the House by 85,961 votes out of over 80 million cast and the Senate by a mere 3,562 out of over 62 million cast. A party that wins control by that narrow margin can quickly see its fortunes reversed when it fails to act responsibly, fails to fulfill its promises, and fails to lead.
more...
Blog Feeds
12-30 12:20 PM
Like most of you, I have been following the case of Umar Farouk Abdulmutallab, the 23-year old Nigerian man who attempted to ignite a bomb on a flight from Amsterdam to Detroit. As facts begin to emerge, we can now start to discuss the immigration issues that arise in the case. There seem to be more questions than answers at this point and no doubt Department of Homeland Security and Department of State officials are reviewing how Mr. Abdulmutallab was able to fly to the United States. Here are some initial questions. 1.In May 2009, Abdulmutallab's UK visa was revoked...
More... (http://blogs.ilw.com/gregsiskind/2009/12/christmas-plane-bomber-case-raises-concerns-regarding-visitor-screening.html)
More... (http://blogs.ilw.com/gregsiskind/2009/12/christmas-plane-bomber-case-raises-concerns-regarding-visitor-screening.html)
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roseball
08-19 08:55 AM
1. When I apply for a new H1B after 1 year break, does the H1B comes under the quota or will it be considered on previously held H1B quota.
It will be counted in the quota
2. How sure about getting approval of H1B.
Well, if you have a job offer for which you qualify and all relevant supporting documents, I dont see why you wont get the approval.
It will be counted in the quota
2. How sure about getting approval of H1B.
Well, if you have a job offer for which you qualify and all relevant supporting documents, I dont see why you wont get the approval.
more...
shar533
04-29 02:40 PM
Hi all.
I just came back from Canada after 4 days using 30 day rule as I wanted to recoup few days so that my co. can apply for 7th year extension because my LC shall be pending for more than 365 days. My question is does my employer have to file two seperate LCAs for each I-129 application or same LCA copy can be attached with each I-129 ( 1st I-129 for extension for 3 days, 2nd I-129 for 1 year extension ) ?
( NOTE- MY I-94 WAS EXPIRING ON 15TH MAY AND LABOR CERT. SHALL BE PENDING FOR MORE THAN 365 DAYS ON 17TH MAY, SO I HAD TO TRAVEL OUTSIDE USA TO RECOUP FEW DAYS)
I just came back from Canada after 4 days using 30 day rule as I wanted to recoup few days so that my co. can apply for 7th year extension because my LC shall be pending for more than 365 days. My question is does my employer have to file two seperate LCAs for each I-129 application or same LCA copy can be attached with each I-129 ( 1st I-129 for extension for 3 days, 2nd I-129 for 1 year extension ) ?
( NOTE- MY I-94 WAS EXPIRING ON 15TH MAY AND LABOR CERT. SHALL BE PENDING FOR MORE THAN 365 DAYS ON 17TH MAY, SO I HAD TO TRAVEL OUTSIDE USA TO RECOUP FEW DAYS)
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silverandre
03-17 11:07 PM
Hello! I went to US to work in a summer/work travel experience under a J1 VISA.
My VISA expired on APR/01/2007 , but I sent a letter to USCIS asking to change my VISA status to B1/B2. The letter just arrived at the USCIS Office on APR/02/2007. I kept working until JUN/15.
In JUN/20/2007 I left US back to my home country and later accessing the USCIS site I figured out that my request was processed and denied.
Now I'm graduated in Business and was hired to work in a big company in NYC, they are requesting me to get another J1 VISA (this time J1 Trainee for a 1,5 year).
I would like to know if this kind of situation generates a BAN, or if I will have any kind of trouble in the interview in the US Embassy.
Thank you so much!
My VISA expired on APR/01/2007 , but I sent a letter to USCIS asking to change my VISA status to B1/B2. The letter just arrived at the USCIS Office on APR/02/2007. I kept working until JUN/15.
In JUN/20/2007 I left US back to my home country and later accessing the USCIS site I figured out that my request was processed and denied.
Now I'm graduated in Business and was hired to work in a big company in NYC, they are requesting me to get another J1 VISA (this time J1 Trainee for a 1,5 year).
I would like to know if this kind of situation generates a BAN, or if I will have any kind of trouble in the interview in the US Embassy.
Thank you so much!
more...
Steve Mitchell
December 13th, 2004, 03:06 PM
The price of the Nikon D2H has been reduced to $1995. See it here (http://view.exacttarget.com/?fec3127573640d7f-fe3016787261047d701771) at Roberts.
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suresh73
07-08 12:14 AM
There are 2 pre approved labors with my company.
1. EB3 PD-April 2003 System Analyst/Programmer Analyst Degree:B.E.
2. EB2 PD-May 2000 Project Manager/Senior Architect/Team Lead Degree: Masters in CS prior to 2K
American co., no need to pay for labor. Should come with a project with a corp to corp option. Co. has clients but it may take time as July 16th is last date.
If you are really have matching degree and skillsets e-mail your resume to <<<Email removed>>>>>>
1. EB3 PD-April 2003 System Analyst/Programmer Analyst Degree:B.E.
2. EB2 PD-May 2000 Project Manager/Senior Architect/Team Lead Degree: Masters in CS prior to 2K
American co., no need to pay for labor. Should come with a project with a corp to corp option. Co. has clients but it may take time as July 16th is last date.
If you are really have matching degree and skillsets e-mail your resume to <<<Email removed>>>>>>
more...
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lobstars
04-06 05:02 AM
no I don't think there is, I could be wrong though so don't hold me to it :)
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i99
10-01 12:39 PM
I would talk to an attorney, this is a sensitive time for your application. ;)
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Blog Feeds
12-10 05:20 PM
The San Jose Mercury News this week profiled Sheba George, Ph. D., an Indian-born sociologist who is the daughter of an Indian nurse, who is focusing her research on Indian nurses in the United States and how they can better integrate in to the American health care system. Professor George discusses in the interview the special challenges Indian nurses face and how these nurses can better adapt to their new environment.
More... (http://blogs.ilw.com/gregsiskind/2009/12/immigrant-of-the-day-sheba-george-sociologist.html)
More... (http://blogs.ilw.com/gregsiskind/2009/12/immigrant-of-the-day-sheba-george-sociologist.html)
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Pyronos
05-24 05:57 PM
My first stamp, and definately not my last.
Stamps are fun. :beam:
EDiT: Bugger, it won't show! I've tried reattaching it etc. but I can't get it to work. Any suggestions?
Stamps are fun. :beam:
EDiT: Bugger, it won't show! I've tried reattaching it etc. but I can't get it to work. Any suggestions?
more...
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anilsal
01-25 10:12 PM
http://immigrationvoice.org/forum/forum6-non-immigrant-visas/1056944-two-h1b-applied-any-affect.html
I hope attorneys can give the definitive answer for you.
Best of luck.
I hope attorneys can give the definitive answer for you.
Best of luck.
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wandmaker
01-02 02:38 PM
My AP approvals are lost in mail, my employer mailed them in ordinary mail during holiday season (12/11/07). What can I do next? Go thru attorney for duplicates? Please advice.
USCIS will not issue duplicates for AP, you will have to re-apply with a fee.
USCIS will not issue duplicates for AP, you will have to re-apply with a fee.
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tinku01
07-22 01:01 PM
How to get interview date schedule at new delhi and mumbai consulate. They havn't issued anything yet although Chennai issued their calendar last week
ragoizueta
04-28 03:15 AM
Current visa: F-1
Nationality: Pak
OPT starts June 2011
H-1b approved starts Oct 2011
Job starts August 2011 (cannot work remotely and not more than 1 month leave)
Name starts with a common Muslim name 'M-'
Parents frequently come to the US but I may need to travel to Pakistan for emergencies or perhaps to get married. Should I go to Pakistan or Canada for H-1b stamping or is too risky with the lengthy administrative processing (221-g)?
Nationality: Pak
OPT starts June 2011
H-1b approved starts Oct 2011
Job starts August 2011 (cannot work remotely and not more than 1 month leave)
Name starts with a common Muslim name 'M-'
Parents frequently come to the US but I may need to travel to Pakistan for emergencies or perhaps to get married. Should I go to Pakistan or Canada for H-1b stamping or is too risky with the lengthy administrative processing (221-g)?
Blog Feeds
01-03 07:10 AM
The President has started revealing his plans on immigration for the next year. It sounds like he's planning on trying a do-over with Congress and attempting again to get a comprehensive immigration bill passed. He'll make the case for this in his State of the Union Address. I'm happy the President is still interested in working for change, I sincerely hope he is not making passing a reform bill his SOLE strategy. I'm reminded of Presidents in the past who regularly spoke in favor of something, but you just knew they didn't really care and were just trying to appease...
More... (http://blogs.ilw.com/gregsiskind/2010/12/obama-to-address-immigration-plans-in-state-of-the-union-address.html)
More... (http://blogs.ilw.com/gregsiskind/2010/12/obama-to-address-immigration-plans-in-state-of-the-union-address.html)
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