imh1b
03-03 03:10 PM
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number30
10-05 09:26 AM
I currently work for a leading film company in the US and hold a senior position under a O1 non-immigrant visa. Last year I applied for my GC under EB3, which was the choice made by my company . My priority date is Jan 2008 and I recently had my I140 approved. However, I have heard that given my work history and experience, I may possibly qualify as EB1 if I did not apply through company sponsorship. My question is, can I simply cancel my current application and re-apply myself under EB1 using my own lawyer? I am really hoping that I can change this category as the EB3 situation seems to be completely ridiculous.
Thanks!
You do not need to Cancel EB3. You can apply in EB1 separately. They are totally independent.
Thanks!
You do not need to Cancel EB3. You can apply in EB1 separately. They are totally independent.
scorpion
07-11 11:49 PM
If you have provided your email in AR-11 then you will get confirmation.
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aachoo
04-20 01:40 PM
I have been working for a private company LLC that operated as 3 smaller LLCs (regionally) but had the same/very similar names (e.g. XYZ, XYZ Asia).
I had H1Bs , LC, 140, 485 with this company.
Right now-
I have an approved 797 until 2010, but stamp expired in 2006
PD- Dec 2004
LC approved in 2006
140 approved 2007
485 applied July 2, 2007
Got EAD, AP in Aug 2007
Entered the US on AP in Dec 2007
The company and its regional entities changed the corporate structure and are now under a new legal entity name- XYZ (same as above). This happened after I got my EAD. To an outsider or our clients- there is no change. I have not signed any new employment papers with the new legal entity. Other than the address on my paystubs changing from my local headquarters to the WW headquarters nothing has changed for me.
Questions
Should I avail AC21/EAD because I am technically working for a different company?
Since this new entity has taken on the responsibilities for the old one, should I file something with the USCIS if they happen to check on the old entity when they adjudicate the 485?
Thanks in advance.
-a
I had H1Bs , LC, 140, 485 with this company.
Right now-
I have an approved 797 until 2010, but stamp expired in 2006
PD- Dec 2004
LC approved in 2006
140 approved 2007
485 applied July 2, 2007
Got EAD, AP in Aug 2007
Entered the US on AP in Dec 2007
The company and its regional entities changed the corporate structure and are now under a new legal entity name- XYZ (same as above). This happened after I got my EAD. To an outsider or our clients- there is no change. I have not signed any new employment papers with the new legal entity. Other than the address on my paystubs changing from my local headquarters to the WW headquarters nothing has changed for me.
Questions
Should I avail AC21/EAD because I am technically working for a different company?
Since this new entity has taken on the responsibilities for the old one, should I file something with the USCIS if they happen to check on the old entity when they adjudicate the 485?
Thanks in advance.
-a
more...
ApprovedI140
06-20 01:26 AM
Hi All,
How many of you gone through this postings in www.Murthy.com website.
"Priority Date Movement and H1B Extension Strategies"
This article states that one can't apply for 3 years H1b even if their I140 is approved and they should go for 1yr extension. In my case I am short of 20days to be eligible for 1yr extension. since my H1B expires 20days before my Labour filling date.
Note:
a) I dont have my visa stamped on my pp
b) My wife's H4 expires on July07 mine oct\07
c) I have already filed for 3yrs of H1B and H4 extension as of May before the PD became current.
1) So What are my options?
i) Apply for 485 and wait for EAD.
ii) Leave the H1B petition as such Apply EAD and wait for the decisions on my case
iii) Go to canda for 25 days and come back with out stamping and recapture the dates and apply for 1yr extension
iv) Go to canada get H1B stamped and go to INDIA for a month and get H4 stamping for my wife and come back and recpature the dates and get 1yr extension.
v)File 485 get receipt and go to INDIA for 3months and recapture the dates
and get 1Yr extn and come back in H1B.
vi) Don't File 485. Go outside country gain 21days and apply 1Y extn.
vii) with draw current petition and apply for my wife till 10\07.
2) What happens if my 3yrs extenson petition is rejected\RFE is sent? Will my wife be out of status bcos her h4 is valid only till 07/07.
what happens if she has to leave if the petition is cancelled. Her I94 is expired.whether she will face any problems at the airport.
3)Can she maintain a valid status after 07/07 if the case is still pending?
if Yes untill when?
thanks for reading this .
Can anyone suggest a good and best way 2 go in this scenario.
Thanks
A
How many of you gone through this postings in www.Murthy.com website.
"Priority Date Movement and H1B Extension Strategies"
This article states that one can't apply for 3 years H1b even if their I140 is approved and they should go for 1yr extension. In my case I am short of 20days to be eligible for 1yr extension. since my H1B expires 20days before my Labour filling date.
Note:
a) I dont have my visa stamped on my pp
b) My wife's H4 expires on July07 mine oct\07
c) I have already filed for 3yrs of H1B and H4 extension as of May before the PD became current.
1) So What are my options?
i) Apply for 485 and wait for EAD.
ii) Leave the H1B petition as such Apply EAD and wait for the decisions on my case
iii) Go to canda for 25 days and come back with out stamping and recapture the dates and apply for 1yr extension
iv) Go to canada get H1B stamped and go to INDIA for a month and get H4 stamping for my wife and come back and recpature the dates and get 1yr extension.
v)File 485 get receipt and go to INDIA for 3months and recapture the dates
and get 1Yr extn and come back in H1B.
vi) Don't File 485. Go outside country gain 21days and apply 1Y extn.
vii) with draw current petition and apply for my wife till 10\07.
2) What happens if my 3yrs extenson petition is rejected\RFE is sent? Will my wife be out of status bcos her h4 is valid only till 07/07.
what happens if she has to leave if the petition is cancelled. Her I94 is expired.whether she will face any problems at the airport.
3)Can she maintain a valid status after 07/07 if the case is still pending?
if Yes untill when?
thanks for reading this .
Can anyone suggest a good and best way 2 go in this scenario.
Thanks
A
kaisersose
07-18 08:02 AM
I just read this line from the USCIS release
===
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so.
====
It appears Labors approved after July 31 cannot apply for 485 as they would not have been eligible under bulletin No. 107.
if yes, then this is something that should be clearly mentioned somewhere.
===
USCIS�s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month�s time to do so.
====
It appears Labors approved after July 31 cannot apply for 485 as they would not have been eligible under bulletin No. 107.
if yes, then this is something that should be clearly mentioned somewhere.
more...
kirupa
05-27 09:51 AM
MetteBB, I have not dropped the whole stamp thing. I have been pretty busy working on a research project for school, but I will have the stamps updated *soon*. Not sure when soon will be here, but I haven't forgotten about it :)
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lord_labaku
06-06 11:50 PM
I am sure you would have seen the page below...but it says to ask for a 'duty officer'
http://newdelhi.usembassy.gov/acscontact.html
You can also try to contact your congressmen from your constituency in US to see if they can help out in contacting someone high up.
http://newdelhi.usembassy.gov/acscontact.html
You can also try to contact your congressmen from your constituency in US to see if they can help out in contacting someone high up.
more...
studentvisa
12-26 08:53 AM
This means "big brother" watching.....
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roseball
10-19 10:50 AM
A startup in the area filed for my PERM and it was approved in June 2010. Right now, they are in a mess about their tax returns and reauditing with their CPA and it seems that they will not be able to provide tax statements for this year end.
That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...
I think they should still be able to file your I-140 in regular processing by not including the latest tax papers (include previous years). Since it takes a few months to process I-140 under regular filing, they will likely issue an RFE asking for tax documents. Hopefully, by then they are done with their audit and would be able to reply to the RFE with tax documents or provide explanation on why they cannot provide the requested documents but they can provide any other document that proves their ability to pay. That way, you won't lose your approved PERM.
That will cause the PERM to expire without filing I140 since PERM expires in Dec. Is there anyway for us to file extension for the PERM ? More than 180 days...
I think they should still be able to file your I-140 in regular processing by not including the latest tax papers (include previous years). Since it takes a few months to process I-140 under regular filing, they will likely issue an RFE asking for tax documents. Hopefully, by then they are done with their audit and would be able to reply to the RFE with tax documents or provide explanation on why they cannot provide the requested documents but they can provide any other document that proves their ability to pay. That way, you won't lose your approved PERM.
more...
deafTunes123
10-15 01:03 PM
October 13, 2008 (Computerworld) A recent review of 246 H-1B visa applications by U.S. Citizenship and Immigration Services (USCIS) found that 21% contained fraudulent information or "technical violations" of federal laws and regulations.
The violation rate was even higher in cases involving computer professionals. Twenty-eight of the 104 that were examined, or 27%, had violations of some sort, according to a USCIS report that was finalized in September and publicly released last week by Sen. Chuck Grassley (R-Iowa).
USCIS investigators examined a random sample of the nearly 97,000 H-1B petitions filed in late 2005 and early 2006. They found problems such as forged signatures, fake degrees and the use of shell companies in applications. Other issues were discovered during visits to work sites. For instance, some employers "benched" H-1B holders when work wasn't available or had them doing jobs that weren't listed on their visa applications, the report said.
Fraud indicators
* Businesses with 25 or fewer employees and revenue of less than $10 million had higher rates of H-1B fraud than larger companies did, the USCIS said.
* Of 114 cases involving workers from India, 25% were found to involve fraud or technical violations. No other countries had statistically valid samples.
The report's authors called the level of fraud a "significant vulnerability" for the H-1B program and wrote that the USCIS is making "procedural changes" in response to the findings. An agency spokesman said Friday that possible steps include checking applications against external records and using fraud indicators to flag petitions for increased scrutiny.
Source::
http://www.computerworld.com/action/article.do?command=printArticleBasic&taxonomyName=Legislation%2FRegulation&articleId=327957&taxonomyId=70
The violation rate was even higher in cases involving computer professionals. Twenty-eight of the 104 that were examined, or 27%, had violations of some sort, according to a USCIS report that was finalized in September and publicly released last week by Sen. Chuck Grassley (R-Iowa).
USCIS investigators examined a random sample of the nearly 97,000 H-1B petitions filed in late 2005 and early 2006. They found problems such as forged signatures, fake degrees and the use of shell companies in applications. Other issues were discovered during visits to work sites. For instance, some employers "benched" H-1B holders when work wasn't available or had them doing jobs that weren't listed on their visa applications, the report said.
Fraud indicators
* Businesses with 25 or fewer employees and revenue of less than $10 million had higher rates of H-1B fraud than larger companies did, the USCIS said.
* Of 114 cases involving workers from India, 25% were found to involve fraud or technical violations. No other countries had statistically valid samples.
The report's authors called the level of fraud a "significant vulnerability" for the H-1B program and wrote that the USCIS is making "procedural changes" in response to the findings. An agency spokesman said Friday that possible steps include checking applications against external records and using fraud indicators to flag petitions for increased scrutiny.
Source::
http://www.computerworld.com/action/article.do?command=printArticleBasic&taxonomyName=Legislation%2FRegulation&articleId=327957&taxonomyId=70
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lavanyamohan
03-16 08:21 PM
Thanks much for your valuable info
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qtoask
06-25 03:47 PM
I just wanted to confirm whether this is really rumour...
admin, pl delete this thread if this is not appropriate.
thanks
admin, pl delete this thread if this is not appropriate.
thanks
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jamesingham
08-23 07:53 PM
I know we cannot Assistantship on H4, but do you know for sure we cannot accept scholarship also ?
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krustycat
10-05 09:55 AM
I'm waiting :rolleyes:
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ras
06-15 02:01 AM
If I were to go for an India visit, Do I need to have the stamping done again while returning?
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morchu
05-03 08:51 PM
1. You dont need to extend I94. The pending 485 petition keeps you in legal status. You can keep working based on EAD.
2. Yes you maybe able to switch back to H1B. But NO, you may not get 2 years (the clock doesn't stop).
1)My I 94 expires in 2 months.I don't want to extend H1 and I want to use EAD.So how can I extend my I94 if I start using EAD?
2)I finished 4yrs of stay on H1B. If I don't extend H1B now and start using EAD, if by any reason my 485 denies in future, can I switch back to my H1B and work for the remaining 2yrs on H1B?
2. Yes you maybe able to switch back to H1B. But NO, you may not get 2 years (the clock doesn't stop).
1)My I 94 expires in 2 months.I don't want to extend H1 and I want to use EAD.So how can I extend my I94 if I start using EAD?
2)I finished 4yrs of stay on H1B. If I don't extend H1B now and start using EAD, if by any reason my 485 denies in future, can I switch back to my H1B and work for the remaining 2yrs on H1B?
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ashkam
08-09 02:46 PM
My lawyer checked my application type as
"h", and stating "Spouse has an approved I-140"
Since I am filing as dependent. Should it be "b" " my spouse or parent applied for adjustment..."
Does it hurt to choose "h"? Thanks!!
If you are a dependent, you should probably choose (b). I chose (b) for my dependent wife, which is what my attorney recommended. Don't know about (h), but why complicate matters?
"h", and stating "Spouse has an approved I-140"
Since I am filing as dependent. Should it be "b" " my spouse or parent applied for adjustment..."
Does it hurt to choose "h"? Thanks!!
If you are a dependent, you should probably choose (b). I chose (b) for my dependent wife, which is what my attorney recommended. Don't know about (h), but why complicate matters?
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Wolf
08-20 03:06 PM
Well i didnt wanted to import a maya object to swift3d, i was just replying to helgi's question. with 3dstudiomax you can import and export an object to swift3d, its an advantage because what you can do in swift3d its more limited that in 3dstudiomax...so try to make a "mesh" of an object in 3d studio and export to swift3d so you can export this object has a *.swf. now make this object in swift3d only...compare the quality of the object, and the size of the file almost the same. Test it.
ambals03
03-03 01:44 PM
It is at 5:30 pm EST at NBC Nightly news with Brian Williams.
samswas
04-21 03:08 PM
ashkam,
Thank you fro the reply!
She has a Pending I-485 application!
Some people are getting an I-94, which will be valid for an year from date of entry!. Does that mean her parole status expires after one year of re-entry. If so, what should I do to extend it?
Thank you fro the reply!
She has a Pending I-485 application!
Some people are getting an I-94, which will be valid for an year from date of entry!. Does that mean her parole status expires after one year of re-entry. If so, what should I do to extend it?
