bigboy007
04-07 12:17 AM
There is tons of info on IV's Forums itself. But I think here are key things you might think about :
Same / similar Job desc and Title. Most companies would do some thing like change duties to fit your needs i would make sure of this to be on safe side and also base NOC code as in GC labor. Min things to be considered to be safe. Check with your attorney we all post only what we might see which might not be 100% certain always ...
I had AOS though company A and holding my H1 which is expire in July 2010.
I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.
I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.
JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.
Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.
Same / similar Job desc and Title. Most companies would do some thing like change duties to fit your needs i would make sure of this to be on safe side and also base NOC code as in GC labor. Min things to be considered to be safe. Check with your attorney we all post only what we might see which might not be 100% certain always ...
I had AOS though company A and holding my H1 which is expire in July 2010.
I was interviewed by financial client B for contract to hire postion. I already joining them on 31st March as consultant and at after 2 months end need to convert in fulltime. This job attracts me because of never thinked pay scale and benifits in my life. Company B has record that no one leave them in last 9 years. Or never they lay off anyone.
I told client B that I can work on EAD but HR Manager wants me to transfer my H1 in company B.
JOB work is not same, My AOS based on server administartor and in financial client I am goign to do desktop management.
Is this something right approch to transfer h1b? Will company A can create any problem for my GC process? I already passed 180 days for pending AOS. Another thing is my wife has already used her EAD from h1 and working as fulltime. she is my derivative applicant.
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hibworker
12-15 02:48 PM
Request for Change of Status means that you are physically present in US and requesting a change in your immigration status, in your case from F1 to H1. However if you leave the country when COS is pending, your COS application is considered abandoned as it is assumed that you'll re-enter using the status that you desire.
Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).
Here are your options:
1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.
Hence your H1 is approved, COS to H1 is denied and you were properly admitted under F1 status on your return. You are legally maintaining F1 status until your OPT expires (+ any grace period mentioned in your I-20).
Here are your options:
1. Again apply for COS to H1 (not sure if this is possible, check with your lawyer)
2. Leave the country before F1 status expires and then re-enter on H1 visa. For getting H1 visa you don't necessarily have to go to home country, it is possible to get it done in Mexico/Canada.
apb
03-31 07:03 PM
I plan to use AC21 and apply G28. Any reasonable lawyer recommendation in and around bay area would be of immense help to me.
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
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howzatt
12-12 12:53 PM
It looks like we just missed a great opportunity to post a legal immigration question on change.gov. The goods news is that they will roll this out next week. So if you want to submit a question, be ready!...I will be sure to bump this thread..
Go here and type "legal immigration" in the search questions field.
http://change.gov/page/content/20081211_openforquestions
I saw a few questions already posted about legal immigration reform. We should all register and vote for these questions(whenever they roll this out again next week). It takes less than a minute to register. All they ask for is your name, zip code and email address.
Mods, Please discard this if this idea has already been put forward.
Go here and type "legal immigration" in the search questions field.
http://change.gov/page/content/20081211_openforquestions
I saw a few questions already posted about legal immigration reform. We should all register and vote for these questions(whenever they roll this out again next week). It takes less than a minute to register. All they ask for is your name, zip code and email address.
Mods, Please discard this if this idea has already been put forward.
more...
snedle
06-17 07:03 PM
Doc will give you Sealed & stamped envlope with copy for you. You need to take this envlope and give to your attorney, who will file your case along will your other forms
sattar419
08-05 11:18 AM
Hello all,
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
Person A.
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
Person A.
more...
Kapils573
12-12 08:13 AM
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amitjoey
07-24 03:29 PM
It is illegal to overstay on a visitors visa, for that matter it is illegal to stay on any expired visa.
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aug2007
05-23 08:45 PM
My wife was on H4. Her VISA and I94 are expired. I'm still on H1 (valid). Our 485 applications are pending. We have valid EAD cards but not using them. Can I apply for my wife's SSN using the EAD Card + I485 Receipt? Or does she need to have valid I-94 along with the EAD to apply for SSN? Does she need SSN to work on EAD?
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bfadlia
05-15 01:38 PM
I am looking for a cheap lawyer in Chicago area who will be willing to do basic paperwork for Canada immigration. Please suggest.
The process is so simple, instructions on the website are clear. There is no need for a lawyer. Most people I know did it themselves successfully. I did it on my own too and I'm about to land soon.
On second thought, you may hire me to help you :)
The process is so simple, instructions on the website are clear. There is no need for a lawyer. Most people I know did it themselves successfully. I did it on my own too and I'm about to land soon.
On second thought, you may hire me to help you :)
more...
Saralayar
07-26 01:57 PM
Takes some time for RFE to come to the lawyer around 2 weeks or so.RFE might be on photographs or colour visa copy so chill.
Why do you need color visa copy?. Is it mandetory for AP? News for me.:confused:
Why do you need color visa copy?. Is it mandetory for AP? News for me.:confused:
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willigetagc
08-27 12:08 AM
Hi All ,
I am currently on L1B visa valid till Mar 09.
I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).
Will my return on the old petition cancel my L1 renewal petetion ?
I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.
Any views would be greatly appreciated.
Thanks
Not advisable to apply for L1 extension now. You should do it after you are back from India. That is because, they will also extend your I-94 when you apply for extension (i.e the L1 extension approval notice will list your current I-94 number).
You would'nt want to end up in a state where you leave the country and return your current I-94 at the airport and CIS approves an extension on that I-94 (which you no longer have).
When you return, you will have a different I-94 that will be valid till Mar 09 and you have to file for extension again with that I-94. Alternately, you may go out of the country to get a new visa stamp before Mar 09 and re-enter with that visa stamp and get a new I-94...
convoluted, isnt it? Better to make that trip, come back, get a new I-94 and use that to extend your status.
I am currently on L1B visa valid till Mar 09.
I can apply for renewal for the same in Sep 09 and wanted to check if there would be any issues as if i travel to india and return on the old petition in oct-nov 08 (in case the renewal is still pending).
Will my return on the old petition cancel my L1 renewal petetion ?
I am trying to get the L1 renewed as soon as possible so that i can file for EAD renewal for my spouse.
Any views would be greatly appreciated.
Thanks
Not advisable to apply for L1 extension now. You should do it after you are back from India. That is because, they will also extend your I-94 when you apply for extension (i.e the L1 extension approval notice will list your current I-94 number).
You would'nt want to end up in a state where you leave the country and return your current I-94 at the airport and CIS approves an extension on that I-94 (which you no longer have).
When you return, you will have a different I-94 that will be valid till Mar 09 and you have to file for extension again with that I-94. Alternately, you may go out of the country to get a new visa stamp before Mar 09 and re-enter with that visa stamp and get a new I-94...
convoluted, isnt it? Better to make that trip, come back, get a new I-94 and use that to extend your status.
more...
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ronhira
01-05 03:46 PM
here is some information - the insurance one needs for software consulting/services its -
** general liability (also called GL)
** professional liability insurance (also called errors and ommission or E&O)
** workers compensation (asl the state government in each state and its goverened by the each state)
you could get free quotes from
Business Insurance, Small Business Insurance, Professional Liability Insurance, Business Liability Insurance, General Liability Insurance (http://www.techinsurance.com/)
professional liability insurance, errors and omissions insurance, business insurance (http://www.insurepro.net/)
or simply search for business insurance agents in u'r area & they can give you quotes......
** general liability (also called GL)
** professional liability insurance (also called errors and ommission or E&O)
** workers compensation (asl the state government in each state and its goverened by the each state)
you could get free quotes from
Business Insurance, Small Business Insurance, Professional Liability Insurance, Business Liability Insurance, General Liability Insurance (http://www.techinsurance.com/)
professional liability insurance, errors and omissions insurance, business insurance (http://www.insurepro.net/)
or simply search for business insurance agents in u'r area & they can give you quotes......
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gc_maine2
05-22 09:21 AM
Congratulations !!!.Enjoy your freedom...
i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
i thought i would share that my 140+485 which was concurrently filed on 2nd jul got approved today. seems like the ead renewal trigerred it as i see a LUD on that as well.
looks like 2003 pd are starting to get picked up at TSC.
how long does it take to get the actual card? i have to travel outside the country next month, what do i need to get back?
thanks.
more...
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ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
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krishnam70
08-14 04:55 PM
This seems to be an area where a qualified attorney might be able to give you more information on how to proceed. You may want to try other forums too to get some kind of advise.
good luck
good luck
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uma001
08-31 01:25 PM
My current reporting structure with my employer is:
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.
Client -> Prime Vendor -> Consultant X -> My employer
Another consultant is ready to transfer my visa and the reporting structure there is
Client -> Prime Vendor -> My employer
A prime vendor (not the same client) is also ready to transfer my visa
Client -> My employer
I am planning to transfer it to either (or both) of the above two companies. Will there be a problem in those two companies filing for a tranfer at (approx) the same time?
Is there a way I can ask an attorney directly (I am willing to pay for that service)
Why do you want to transfer to both companies same time? If so, how can you work for both companies same time.
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bayarea07
04-08 06:33 PM
Can we have more people jump in and add their 2 cents.
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gccube
06-15 03:55 PM
It was applied in April at TSC and it was a substitution case.
golgappa
08-19 01:13 PM
Hi Gurus,
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
phillyag
07-17 09:03 PM
????
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