loku
10-02 12:57 AM
I been working on H1-B for sometime. My project ended 3 months ago and I had been unpaid since then. My H1-B expired on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. Cmpany replied to the RFE. The status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and the transfer application got approved with starting date of September 24. I haven't got my new approved I-797 yet.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
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gcnirvana
03-01 10:06 PM
You don't have to worry about it, if you e-file. When you e-file, the version of the forms that gets filled out by USCIS is way old. I am sure its a bug but I guess USCIS will accept it because it was e-filed.
I agree with you. The current form expired on 2/28 so they might post a new form tomorrow
I agree with you. The current form expired on 2/28 so they might post a new form tomorrow
thomachan72
07-14 02:02 PM
Hi Guys,
A quick one. I have a HIb visa which is expiring on 9th of next month . I have never worked for that employer as things did'nt work out. I am currently in Australia and want to work as a contractor in US. I have already figured out who is going to transfer/sponsor my new H1.
I am pretty sure that my employer would have cancelled my h1 which was allotted to me in 2007 quota.
I have a tourist visa as well and i intend to goto US on that Visa and work out on the transfer of my H1 once i land there.
Can i really do the above or am i getting too optimistic.
Please reply soon as i have to make some really quick decisions.
Regards
N
your old H1 would not be of any use/issue for you. Apply for a new one with the new employer and it would be an easy process. Transfering basically means applying for a new one. The employer has to go through all the processes (advert, recruitment, LC etc). I have no idea about converting from B1 to H1.
A quick one. I have a HIb visa which is expiring on 9th of next month . I have never worked for that employer as things did'nt work out. I am currently in Australia and want to work as a contractor in US. I have already figured out who is going to transfer/sponsor my new H1.
I am pretty sure that my employer would have cancelled my h1 which was allotted to me in 2007 quota.
I have a tourist visa as well and i intend to goto US on that Visa and work out on the transfer of my H1 once i land there.
Can i really do the above or am i getting too optimistic.
Please reply soon as i have to make some really quick decisions.
Regards
N
your old H1 would not be of any use/issue for you. Apply for a new one with the new employer and it would be an easy process. Transfering basically means applying for a new one. The employer has to go through all the processes (advert, recruitment, LC etc). I have no idea about converting from B1 to H1.
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casinoroyale
08-19 09:57 PM
Usually change-of-status applications are considered abaondoned if one leaves the country but not extension-of-status. I do not see any problems with their travel here. Gurus?
more...
ganguteli
02-11 03:47 PM
US Congress has time for all this
http://www.rediff.com/news/2009/feb/12us-house-passes-resolution-on-mahatma.htm
I see nothing wrong in it. It is an honor for India that our Mahatma Gandhi is remembered and associated with the biggest movement in USA. Gandhi did not get a Nobel prize but people who got nobel peace prize at that time are forgotten and he is not. There are bigger issues than talking about greencards in congress.
Do you want Congress to only talk about EB 3 India retrogression and discuss March Visa bulletin? :D:D
http://www.rediff.com/news/2009/feb/12us-house-passes-resolution-on-mahatma.htm
I see nothing wrong in it. It is an honor for India that our Mahatma Gandhi is remembered and associated with the biggest movement in USA. Gandhi did not get a Nobel prize but people who got nobel peace prize at that time are forgotten and he is not. There are bigger issues than talking about greencards in congress.
Do you want Congress to only talk about EB 3 India retrogression and discuss March Visa bulletin? :D:D
cowboyqb
05-06 08:52 PM
You are talking about new 140....my question is for 140 transfers.
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dilbert_cal
07-08 03:59 PM
Sorry - I hadnt seen the other threads that you have already started.
Can you please in future just open one thread or even better use an existing thread.
Can you please in future just open one thread or even better use an existing thread.
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loudobbs
08-06 04:36 PM
thanks for the info. I called the PP toll free number and was told that they will not do PP since I did not attach the original Lobor certificate with it. So I think I can expect my approval in a couple of weeks.
Thanks! Hopefully ;)
Hi,
In my case i filed for I-140 and had a notice to deny bacause they put the worng name on the application....:eek:
we then refiled a second i-140, but processing was stopped on that because they needed the original labor cert. from my first i-140.
i filed on 19th May, and finally got approved on 27th July, although i did file PP.
So i would say a couple of months is about right for the labor cert. to be transferred from one case to another.
Thanks! Hopefully ;)
Hi,
In my case i filed for I-140 and had a notice to deny bacause they put the worng name on the application....:eek:
we then refiled a second i-140, but processing was stopped on that because they needed the original labor cert. from my first i-140.
i filed on 19th May, and finally got approved on 27th July, although i did file PP.
So i would say a couple of months is about right for the labor cert. to be transferred from one case to another.
more...
nhfirefighter13
June 26th, 2004, 07:10 AM
Welcome to the site!
Nice shot. I like it.
Your english is fine, btw. :)
Nice shot. I like it.
Your english is fine, btw. :)
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nsn1234
07-27 12:11 AM
Hi,
my original labor got approved with a PD in July 2007 with Company A who is my current employer. I also applied for a seperate 140 based on a pre-approved labor in July 2007 with Company B and the PD for that labor is in 2005.
i was told that i can apply for 140/485 with my original labor and once the 140 for the pre-approved labor is approved, i can request for replacing the 140 with the other one with an earlier PD.
could any one repalce the 140 like this? if yes, how long it took for the process. does both 140 needs to be approved to do the interfiling?
what details we need for the 140 that we want to use. just the filing date, A# & approval date or the original or copy of the approval notice.
if Company B or its attoreny is not willing to provide the 140 details or approval notice, is there any way to get those details from INS.
i dont have any details with me except that i know that they applied for 140.
my original labor got approved with a PD in July 2007 with Company A who is my current employer. I also applied for a seperate 140 based on a pre-approved labor in July 2007 with Company B and the PD for that labor is in 2005.
i was told that i can apply for 140/485 with my original labor and once the 140 for the pre-approved labor is approved, i can request for replacing the 140 with the other one with an earlier PD.
could any one repalce the 140 like this? if yes, how long it took for the process. does both 140 needs to be approved to do the interfiling?
what details we need for the 140 that we want to use. just the filing date, A# & approval date or the original or copy of the approval notice.
if Company B or its attoreny is not willing to provide the 140 details or approval notice, is there any way to get those details from INS.
i dont have any details with me except that i know that they applied for 140.
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love police
08-25 09:21 AM
Im from Australia - Victoria - Melbourne
interesting. :)
interesting. :)
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pokiri
07-08 10:51 PM
Hi,
My wife got her H1B in Oct 2008. But could not work until date.
We want to get her H1B transferred back to H4. There are NO pay stubs for her.
I am on H1B with job. And I have my pay stubs.
Will there be any problem in her H1B to H4 transfer without her pay stubs ?
Thank you.
My wife got her H1B in Oct 2008. But could not work until date.
We want to get her H1B transferred back to H4. There are NO pay stubs for her.
I am on H1B with job. And I have my pay stubs.
Will there be any problem in her H1B to H4 transfer without her pay stubs ?
Thank you.
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SlowRoasted
06-05 04:26 PM
kinda odd looking, i dont think im feeling this one.
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Dhundhun
04-24 02:54 PM
I got one more LUD for I-485
ie., I got One on Mar 18th and the othe LUD on Mar 25. What dows this mean.
Can somebody clarify...
It seems that whenever they open file a LUD is generated, e.g.
..FP done
..FP Oked
..I sent docs for e-filed EAD, when they received they put a LUD
Soft LUD is happening amounts to some activity happening with file/case.
ie., I got One on Mar 18th and the othe LUD on Mar 25. What dows this mean.
Can somebody clarify...
It seems that whenever they open file a LUD is generated, e.g.
..FP done
..FP Oked
..I sent docs for e-filed EAD, when they received they put a LUD
Soft LUD is happening amounts to some activity happening with file/case.
more...
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milind70
06-14 11:23 AM
Hi Gurus,
I am in a interesting situation. I have an approved EB2 I-140 but I recently applied for EB1-140 and I-485 concurrently and they are pending. Given that all PDs are now current, is it possible to convert my I-485 to the approved EB2 I-140. This will remove the uncertainty around approval of EB1 I-140. Any advice/experience is appreciated.
You can apply of AOS i.e I 485 only for one application . Since you already have applied for AOS on EB1 I highly doubt u can apply for AOS for EB2. Talk to your lawyer and find out
I am in a interesting situation. I have an approved EB2 I-140 but I recently applied for EB1-140 and I-485 concurrently and they are pending. Given that all PDs are now current, is it possible to convert my I-485 to the approved EB2 I-140. This will remove the uncertainty around approval of EB1 I-140. Any advice/experience is appreciated.
You can apply of AOS i.e I 485 only for one application . Since you already have applied for AOS on EB1 I highly doubt u can apply for AOS for EB2. Talk to your lawyer and find out
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good idea
04-04 11:23 PM
IF labor approves, do labor dept informs employer only or they also inform candidate?
is it up to employer only to inform the candidate?
thanks.
is it up to employer only to inform the candidate?
thanks.
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redford
12-03 10:38 AM
???
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pushpakladdha
07-31 02:05 PM
Hi,
I think you will have to put whatever is ther on passport. I had the entry as nassau,Bahamas. I put in nassau bahamas.
I think you will have to put whatever is ther on passport. I had the entry as nassau,Bahamas. I put in nassau bahamas.
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punjabi
05-12 03:23 PM
It is always recommended to renew both EAD and AP together, though you can chose to renew only AP.
My guess is that 120 day rule applies to EAD only, and not AP.
You can renew EAD after it has expired, but again it is recommended to at least send in the application BEFORE the expiry date.
Good luck.
I am having my EAD and AP and I am not using my EAD.
EAD expires Sept 08
AP expires Oct 08
My question is
Can I renew AP only ?
If, I do not renew EAD will it be a problem in the future ?
Can I renew it after EAD has expired ?
Also, If I am renewing AP only, when does the 120 days rule come into picture.
Is it with the AP date or EAD date.
Your input will be appreciated.
My guess is that 120 day rule applies to EAD only, and not AP.
You can renew EAD after it has expired, but again it is recommended to at least send in the application BEFORE the expiry date.
Good luck.
I am having my EAD and AP and I am not using my EAD.
EAD expires Sept 08
AP expires Oct 08
My question is
Can I renew AP only ?
If, I do not renew EAD will it be a problem in the future ?
Can I renew it after EAD has expired ?
Also, If I am renewing AP only, when does the 120 days rule come into picture.
Is it with the AP date or EAD date.
Your input will be appreciated.
terpcurt
January 11th, 2004, 09:06 AM
That is truly a lot of snapping....