martinvisalaw
09-10 12:52 PM
The withdrawal of the H-1B is not really what decides whether you are out of status. Presumably the former employer withdrew because you no longer work there. In that case, you have been out of status since you came off payroll.
However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.
You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.
However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.
You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.
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gcadream
05-02 03:45 PM
Hi,
I have an H1 extn filed in Sep 2010 and got approved till 2013. This extn was filed from SC and the LCA also has work address pointing to SC address.
For the new project I now moved to FL and I want to go to india and get the visa stamping done on my approved H1. I just came to know from my layer that I have an OLD LCA and in order to get the new LCA I need to apply for fresh H1 application ?
If I travel to india for visa stamping with old LCA I can be put on hold.
Please let me know if filling for new H1 is the only option left for me. I had my air tkts already booked for a family of 4 for this month end.
Waiting to hear back on this ASAP please !!!
I have an H1 extn filed in Sep 2010 and got approved till 2013. This extn was filed from SC and the LCA also has work address pointing to SC address.
For the new project I now moved to FL and I want to go to india and get the visa stamping done on my approved H1. I just came to know from my layer that I have an OLD LCA and in order to get the new LCA I need to apply for fresh H1 application ?
If I travel to india for visa stamping with old LCA I can be put on hold.
Please let me know if filling for new H1 is the only option left for me. I had my air tkts already booked for a family of 4 for this month end.
Waiting to hear back on this ASAP please !!!
Blog Feeds
11-08 03:30 PM
Delaware Immigration Lawyer Blog Has Just Posted the Following:
The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available.
For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment for at least 10 U.S. workers.
A business can be used for employment-creation classification by more than one investor, provide that each investor has invested the required amount and the creation of 10 full-time jobs may be attributable to each investor.
The investor is required to enter the U.S. to engage in a new commercial enterprise, i.e., the investor must maintain more than a purely passive role in the new enterprise, and he or she must either be involved in the day-to-day managerial control of the commercial enterprise or manage it through policy formulation.
USCIS does not require retention of employees until a reasonalbe time after conditional visa is issued. Normally, a comprehensive business plan supporting the need for 10 employees within the next two years is acceptable.
The procedure to apply begins with submitting initial evidence with an I-526 petition. If the I-526 petition is approved, the investor becomes a conditional resident for two years. After the two years, the investor has to file an I-829 to remove the condition. It must be accompanied by evidence that the individual has invested or was in the process of investing the required captial, and the investment has created 10 full-time jobs.https://blogger.googleusercontent.com/tracker/1142140030762969806-6519671685318254492?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/eb-5-immigrant-investors.html)
The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available.
For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment for at least 10 U.S. workers.
A business can be used for employment-creation classification by more than one investor, provide that each investor has invested the required amount and the creation of 10 full-time jobs may be attributable to each investor.
The investor is required to enter the U.S. to engage in a new commercial enterprise, i.e., the investor must maintain more than a purely passive role in the new enterprise, and he or she must either be involved in the day-to-day managerial control of the commercial enterprise or manage it through policy formulation.
USCIS does not require retention of employees until a reasonalbe time after conditional visa is issued. Normally, a comprehensive business plan supporting the need for 10 employees within the next two years is acceptable.
The procedure to apply begins with submitting initial evidence with an I-526 petition. If the I-526 petition is approved, the investor becomes a conditional resident for two years. After the two years, the investor has to file an I-829 to remove the condition. It must be accompanied by evidence that the individual has invested or was in the process of investing the required captial, and the investment has created 10 full-time jobs.https://blogger.googleusercontent.com/tracker/1142140030762969806-6519671685318254492?l=deimmigration.blogspot.com
More... (http://deimmigration.blogspot.com/2009/11/eb-5-immigrant-investors.html)
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prem_goel
07-26 12:56 PM
I just e-filed my EAD application. Unfortunately, right after I made the payment thorugh Credit Card and it generated the PDF receipt, I noticed that my country of Citizenship/Nationality is entered as USA, instead of INDIA. Everything else on the form is correct.
Can anyone advise how to correct this error? I haven't send any supporting documentation. Should I just highlight this in my cover letter when I send the supporting documentation? Or call up USCIS Customer Service and they can correct that maybe?
Please advise guys,
Thanks
Can anyone advise how to correct this error? I haven't send any supporting documentation. Should I just highlight this in my cover letter when I send the supporting documentation? Or call up USCIS Customer Service and they can correct that maybe?
Please advise guys,
Thanks
more...
July2007
01-21 04:41 PM
AC 21 allows a job change after 180 days pending of I-485. Will that allow a job change for a similar job position that is employed by a US company but work internationally (i.e. not working in the US)?
Thanks!
Thanks!
gcpain
06-25 11:09 AM
I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?
2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )
3. Will I485 as future employment has any problems?
4. Can I use AC21 after 180 days on my I485 future employment application?
5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.
I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.
more...
excogitator
04-13 06:31 AM
Congratulations Everyone!!! :)
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watzgc
11-05 10:36 PM
thanks wand maker...
more...
ravageguy1
05-13 07:47 PM
Hi ,
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
I am in strange situation. I am in 7th year of H1B and I have applied for H1B extension which was expiring on April 4th through my company on Feb 14th through normal processing. I have the LIN number from receipt notice. I was never able to check the status online as the LIN number was not found and when attorney called USCIS regarding this on March 23rd, We were told that the information will be updated to see the status online. Our attorney did not follow up with USCIS since then. Our attorney followed up again just today and found that an RFE was sent on March 25th which was never received by attorney. Currently we do not know what exactly is requested in the RFE or dead line for the response. RFE was requested again today from USCIS and was told that will be received in around 30 days. Do you think new dead line will be given for the RFE as the initial deadline might have passed for the initial RFE. I am not sure what to do at this point if I am in status or not. Please provide your advise as to what I should be doing? Appreciate your advises.
Thanks for your help.
Raj
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willgetgc2005
04-28 02:51 PM
Bumping up.....
more...
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.
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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s_r_e_e
08-25 10:43 AM
had same issue when i applied, last july. Attorney said H4 receipt missing shouldnt be a problem.
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RadioactveChimp
04-08 02:12 AM
hey thanks....especially from the "pixel-guru" himself ;)
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watzgc
11-15 04:48 PM
Hi , I just came to know that my son's application was returned due to wrong fee and seems my lawyer resent with correct fee on Oct-19-2007. will USCIS accept the application?. I'm still waiting for the receipt # for my son.
my spouse and me got the RN, FP and EAD approved.
anybody has same probllem ?.
thanks a lot.
my spouse and me got the RN, FP and EAD approved.
anybody has same probllem ?.
thanks a lot.
more...
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unseenguy
06-22 07:30 PM
USCIS kept on updating the total number of cases received for H-1B for FY 2009-10. However, the recent USCIS H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) cap count indicates decline in number of cases than what had been previously reported. The updated count reports the receipt of 44,400 ‘Regular’ cap cases, by June 12, 2009 which is lesser than the prior count of 47,700, given as of May 22, 2009. There is no explanation too from USCIS for this decline in trend. Thus, this reduced number may reflect either withdrawals by employers, denials by the USCIS, duplicate filings, or an error in the prior cap counts.
As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)
USCIS financial loss:
cap : 65000 (minus chile, singapore 6800) = 58200
cap count : 47,700 (max) , 44,400 (min)
H1B filing fees: 2320 USD per application
shortfall : 24,360,000 (min) , 32,016,000 (max)
Assuming 15% premium processing 1000*1000 = 1,000,000
Total shortfall for new applications : 25 million USD. (min)
Also since I have 2 year EAD now, I may not renew my H1 this november. I am sure, L1, H1 extensions etc are having similar revenue impact.
As of this writing, both the Advanced Degree and Regular caps remain open. We will continue to provide updated H-1B cap count information.
More... (http://www.visalawyerblog.com/2009/06/h1b_cap_falloff_in_total_count.html)
USCIS financial loss:
cap : 65000 (minus chile, singapore 6800) = 58200
cap count : 47,700 (max) , 44,400 (min)
H1B filing fees: 2320 USD per application
shortfall : 24,360,000 (min) , 32,016,000 (max)
Assuming 15% premium processing 1000*1000 = 1,000,000
Total shortfall for new applications : 25 million USD. (min)
Also since I have 2 year EAD now, I may not renew my H1 this november. I am sure, L1, H1 extensions etc are having similar revenue impact.
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chanduv23
11-14 10:19 AM
Your 485 has to be reapplied and priority dates come into picture. You can change jobs but have to use H1b based on approved 140. You have to start the GC process all over again but you can retain the priority date because your 140 is already approved.
Talk to a lawyer - to get a better understanding
Talk to a lawyer - to get a better understanding
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B+ve
04-10 12:12 PM
Gurus, any thoughts or suggestions please...
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Green.Tech
03-20 02:54 PM
my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks
If our answers were helpful, can you please update your profile.
If our answers were helpful, can you please update your profile.
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GC_LOOKIN
12-10 10:03 PM
Hello Gurus,
I have filed my I485 on July2nd 2007 at NSC , my priority date is June2004 EB3 category.I recently saw 3 LUD's within 1 week timeframe. Is this a good thing or bad thing?? did this happen to anyone?
Appreciate your response.
I have filed my I485 on July2nd 2007 at NSC , my priority date is June2004 EB3 category.I recently saw 3 LUD's within 1 week timeframe. Is this a good thing or bad thing?? did this happen to anyone?
Appreciate your response.
Madan Ahluwalia
02-23 02:20 PM
There is no special provisions for people living in Haiti to get a visa to come here sooner. You will need to file the regular route. What is your immigration status? You can sponsor your mother only if you are US citizen.
skd
08-21 07:46 PM
??
From USCIS Case Status Website
From USCIS Case Status Website
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