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skosaraj

04-25 02:53 PM

I have a few questions regarding my H1B and I-140 since I am planning to change my employer.

1) If I change my employer, can my old employer retain my I-140? If he retains my I-140 and in case if the GC dates become current can I switch back to my old employer along with H1 and get my GC through old employer? Will this situation involves complications?

2) After my H1B transfer is approved with new company, when can I go for H1b stamping? Can I go immediately or wait for 1 month or so, in order to run 2 pay checks with the new company?

3) I had my initial H1B visa stamped from Bahamas. Can I still go to US neighboring countries to get my H1B visa stamped since mine is H1B transfer/extension and not change of status or do I have to go to India?

4) If I have my H1B stamped with old employer, and later transfer my H1b, Will I be able to travel to India with H1B stamping from old employer or Do I need to again have my H1B stamped?

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dilusa1

07-18 09:00 AM

My attorney submitted at NSC I-485 , EAD , and Travel docs on 03 July, INS received it on 05 July, No news yet of receipt..

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anilsal

01-20 08:53 PM

At this time, try the best you can.

Only when you get an RFE, do you have to provide employment verification letters etc.

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kalyan

07-12 08:32 AM

Talk to an attorney he should be able to kiss your employer's ass with lot of things.

If your employer is paying more than what is mentioned in H1B, then you cannot do anything.

If you are working on % basis, then forget about 14k if till you work for him, prorate of H1B pay is paid.

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thomachan72

03-09 11:00 AM

No change in this one.:D:D

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myimmiv

12-17 02:10 PM

My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.

My question is that is 2 months of AP validity / cushion enough or safe to enter the US.

Will she get a 1 year I-94 validity from the date of entry or only until her AP expires?

This question has also been posted in the member forum and I have posted it here to get advice from the eminent lawyers from a legal standpoint.

Thanks in advance for all your time.

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coronapup

07-27 07:01 PM

I140 is pending, Filed EB2 485 on Jul2nd, no receipt yet, and we don't know when it will come.

My wife's F1 is going to expire on Aug28. I was planning to file COS to H4 for her now. However, today I heard that filing AOS and COS at the same time will be a conflict and one case might get denied.

Should I still go ahead and file her COS now or wait some more time till we get the 485 receipt? The concern I have is that AOS is not a safe status since 140 is still pending now. However we don't want to mess up 485 just because of the COS application.

Can anyone give me some suggestion on this situation? Hope this is the right place to post the question.

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augustus

09-12 09:08 AM

http://www.mercurynews.com/valley/ci_6866158

Are mexicans referring it to our rally as theirs???? Please someone clarify

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chanduv23

09-14 04:58 PM

Believe in yourself that you can make up your mind

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waitin_toolong

10-26 12:50 PM

you do not have to apply for COS, if she wants she can get h4 stamped when she travels, but is moot anyways as she plans to use EAD anyways nullyfying her H4.

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kumar1

10-29 01:45 PM

Racist Lou Dobbs should get a free copy of it. We should all get together sometime and burn copies of his book Exporting America.

can somebody please post this on the forum. thanks

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Blog Feeds

08-20 02:40 PM

Immigration Lawyers Blog Has Just Posted the Following:
On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which requires the submission of an additional $2000 for certain H-1B petitions and $2250 for certain L-1 petitions. Those who are subject to the additional fees include petitioners who employ 50 or more U.S. employees and more than 50 percent of its U.S. employees are in H-1B or L status (including L-1A, L-1B and L-2). For example, ABC company has 60 employees and has 35 employees in H-1B and L-1 status. ABC Company would be required to pay the additional fee for all new H-1B and L-1 petition filings. Extension of status petitions are not subject to the additional fee. The new fees are effective immediately, applying to all petitions submitted on or after Aug. 14, 2010 through Sept. 20, 2014.


http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/kZxG3wPVULo



More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/kZxG3wPVULo/additional_fee_for_h1b_and_l1.html)

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singhv_1980

01-18 04:04 PM

Hi Guys-

I am on H1B, working in US. I got my status changed from F1 to H1B last yr and never got it stamped ever since. I am going to get married next month in India and would require a visa stamp on my passport. I believe it is a straight forward process but would appreciate your experiences and suggestions for this.

1. I am planning to take visa appointments both for myself and my future wife togther at the Delhi consulate (ofcourse by paying separate fee). Can I do that here in US for both of us?

2. Once I get an appointment, we both should appear togther for the interview (for my H1B and her H4) . Right?

3. The forms 156 and 157 are required to be filled during the interview but not while taking appointments. Is it right?

3. I will take all my docs. along with our marriage certificate, and pictures from wedding. Do I need something extra to that?

Please suggest me any other important thing which I should be aware of in this process.

Thanks much!:)

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mbe

01-06 11:43 PM

Hi,

My husband is on H1-B, and it expires on Feb 4th 2007. We plan to go to India, leaving the U.S. on Feb 11th 2007. His current I-94 expires on Feb 4th 2007.

We have our I-140 and 485 filed in parallel. He has received his EAD and Advanced Parole.

His lawyer wants to apply for H1-B but not use premium processing, as he can re-enter the U.S. using Advanced Parole.

Now, our concerns are these:

1. If he leaves the U.S. AFTER the expiration of his current I-94 WITHOUT having a new I-797, can it look as if he overstayed?

2. If he re-enters the U.S. using the Advanced Parole, will that change his status so that he is now considered to be on immigrant(EAD) rather than non-immigrant (H1-B) status?

Basically, we want to insist on premium processing and go for the H1-B visa stamp while in India to be sure that he does not go out of status.

Any advice on this?

Thanks :)

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prajwal123

05-27 04:09 PM

Can I work with different employer without my sponsor company knowing about it? I have a EAD and I can change jobs(180 days is over). Now planning to start a company/to work on W2 with new company. I want to use the medical benefits from sponsor company(withought quitting the job).
currently I am on Bench. so parent company not paying anything. I appreciate your responses.
Please let me know any good immigration lawyer in Newjersey (princeton) area.

Thanks

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n.sravan

10-02 12:23 PM

Hi,
Am on H4 and applied for H1B in May 2006. Because of emergency, we need to travel out of US; got the approval on Sept 7th and returned to US on Sept 10th. I lost hopes of Change of Status petition approval(as one of my friend's COS petetion is rejected eventhough she didnot leave US during H1 process), but surprisingly when I received my papers today, it is approved with old I-94 number. Thank God.
Now, Can I go ahead and apply for SSN. Can they ask me to go for stamping as the I-94 on the approval notice is different from the current I-94 in the passport?
Thnx.

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axaa

08-25 12:50 PM

Hi there,
I work for one of big 4 consulting companies. Home office based NJ and live in NJ as well. Travel to Client A mon - thurs.

I rolled off from the project at client A and will be starting at client B.
Both Client A & B are in the same city in MA.

1. Will a LCA update be required even if you new client is in the same city/ state ?

2. How long does it take these days to update the LCA ?

3. Like H1 transfer can you start working at the new client on the USCIS receipt # ?

Thank you.
axaa

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Milind123

09-11 09:55 PM

I repeat COME TO DC AND GET YOUR GC.
Yes people, only three little steps ... DC EC FC and finally GC.

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ndbhatt

07-22 05:31 PM

Hi,

I am in weird situation. I left my previous employer because they didn't file for my concurrent filing during July '07 madrush.

They applied for my I-140 on 26th Sept 2007 thinking that I may change my mind and stay with them.

It seems that they didn't revoke my I-140. Since, yesterday, I got email notification from CRIS about I-140 approval.

Now a question for Gurus:

I am not sure but my previous employer may revoke it anytime. Based on the email notification and the online approval snapshot, can I port my priority date to my current application, with new employer, even if previous employer revoked my approved I-140 ?

Personally, I was happy with my previous employer except for the concurrent filing that they didn't apply. Now, I am in dilemma. should I should rejoin my previous employer or not?

Thanks,
Nik

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Macaca

11-28 07:49 AM

As Lott Leaves the Senate, Compromise Appears to Be a Lost Art (http://www.washingtonpost.com/wp-dyn/content/article/2007/11/27/AR2007112702358.html) By Jonathan Weisman | Washington Post, November 28, 2007; A04

In January, as a dormant Senate chamber entered its fourth hour of inaction and a major ethics bill lay tangled in knots, Minority Whip Trent Lott (R-Miss.) took to the Senate floor with a plaintive plea.

"Here we are, the sun has set on Thursday. It is a quarter to 6. The sun officially went down at 5:13. We are like bats," the veteran lawmaker lamented to a near-empty chamber. "Hello, it is a quarter to 6. . . . I have called everybody involved. I have been to offices. I have been stirring around, scurrying around. Is there an agenda here?"

The next 10 months appear to have given him the answer. A major overhaul of the nation's immigration laws went down in flames. Just two of a dozen annual spending bills passed Congress, and one of those was vetoed. Repeated efforts to force a course change in Iraq ended in recrimination and stalemate. Senate Majority Leader Harry M. Reid (D-Nev.) filed 56 motions to break off filibusters to try to complete legislation, a total that is nearing the record of 61 such "cloture motions" in a two-year Congress.

And on Monday, Lott, one of the Senate's consummate dealmakers, called it quits.

"Is he the most frustrated he's ever been? Probably not," said David Hoppe, Lott's longtime chief of staff, now with the lobbying firm Quinn, Gillespie & Associates. "But frustration is cumulative."

Lott's departure from Capitol Hill in the coming weeks after 34 years in Congress -- 16 in the House, 18 in the Senate -- is further evidence that bonhomie and cross-party negotiating are losing their currency, even in the backslapping Senate. With the Senate populated by a record number of former House members, the rules of the Old Boys' Club are giving way to the partisan trench warfare and party-line votes that prevail in the House. States once represented by common-ground dealmakers, including John Breaux (D-La.), David L. Boren (D-Okla.), James M. Jeffords (I-Vt.) and Ernest F. Hollings (D-S.C.), are now electing ideological stalwarts, such as David Vitter (R-La.), Tom Coburn (R-Okla.), Bernard Sanders (I-Vt.) and Jim DeMint (R-S.C.).

"The Senate is predicated on the ability of people being able to work together," said former senator Don Nickles (R-Okla.), who was majority whip for much of Lott's years as majority leader. "I'm not throwing rocks at anybody, but there's just been a lot less of that."

Former majority leader Thomas A. Daschle (D-S.D.) agreed: "Senator Lott's resignation means the loss of one of the few Republicans in leadership who often excelled in finding compromise and common ground."

Lott has never been a policy moderate, inclined to reach agreement with Democrats on ideological grounds. But he has almost always been a pragmatist, relishing the art of the deal. Just last month, as he labored to crack a wall of Democratic opposition to the confirmation of U.S. Appeals Judge Leslie H. Southwick, Lott wondered aloud to an aide why he was working so hard for a man he did not really know and for someone who was much more closely allied with Mississippi's other Republican senator, Thad Cochran.

"I said to him, 'You know, it's not that you like Southwick. You just like the process. You want the deal,' and he just smiled," recalled the Lott aide, who spoke on the condition of anonymity because he was divulging private deliberations. "It was a game. It was, 'Let me figure out how to get this done.' "

Such dealmakers still wander the Senate's halls: Edward M. Kennedy (D-Mass.), Dianne Feinstein (D-Calif.) and Orrin G. Hatch (R-Utah.). And others could arise as a generation schooled in pragmatism -- such as John W. Warner (R-Va.) and Pete V. Domenici (R-N.M.) -- heads for the exits next year.

"Just because an individual leaves doesn't mean you're not going to find new centers to structure work in the United States Senate," said Eric Ueland, chief of staff to former majority leader (R-Tenn.). Lott would "be the first to say that no individual is indispensable."

But with the Senate almost dysfunctional, those new power centers are difficult to find.

"The Senate is still a great deliberative body," Nickles said. "But it's a little less congenial and a little too partisan."

Lott made a career out of the art of the deal. In the summer of 1996, after then-Sen. Robert J. Dole resigned to pursue the White House full time, Lott took the reins of a Senate that had ground to a halt as Democrats moved to thwart GOP accomplishments ahead of the presidential election. Lott implored his colleagues to act.

In short order, Congress approved a major overhaul of the nation's welfare laws, cleared a bevy of other bills and cut a deal with the Clinton White House on annual spending bills. After the election, Hoppe recalled, Clinton called Lott to joke that had he not gotten the Senate back on track, the Democrats might well have recaptured a chamber of Congress.

The next year, White House Chief of Staff Erskine B. Bowles and Treasury Secretary Robert E. Rubin -- both wealthy Wall Street financiers -- sat huddled in Lott's office, as Lott and House Speaker Newt Gingrich (R-Ga.) tried to cut a final deal on a balanced budget agreement that included a cut to the capital gains tax rate.

"There they were, two Democrats who had been very successful in business, squaring off with two Republicans who didn't have two nickels to rub together," Hoppe recalled.

They struck a deal: Cut the capital gains rate and create a major federal program to offer health insurance to children of the working poor.

After the 2000 election, which left the Senate deadlocked at 50 seats apiece, Lott again struck a deal that angered many in his party. Although Republicans technically had control of the Senate with the vote of newly elected Vice President Cheney, Lott and Daschle agreed to evenly divide the committees. Moreover, they agreed, if one party won a majority midstream, either through a party switch, a resignation or a death, the other party would agree to relinquish control without a fight.

Lott reasoned that the deadlocked Senate could waste the first months of George W. Bush's fledgling presidency in a process fight, or he could relent early and get to work.

But such deals are getting harder to come by.

On June 7, as Lott absorbed increasingly virulent attacks from conservatives for his support of a bipartisan immigration overhaul, he took to the Senate floor for another appeal.

"This is the time where we are going to see whether we are a Senate anymore," he intoned. "Are we men or mice? Are we going to slither away from this issue and hope for some epiphany to happen? No. Let's legislate. Let's vote."

Three weeks later, the immigration bill fell to a Republican filibuster, and Congress slithered away from the issue.

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jungalee43

06-17 09:41 AM

There is an excellent article in Wall Street Journal by a former Reagan staffer discussing what would Pres. Reagan do today on immigration. For most of the Republicans Pres. Reagan is a hero, an icon. But are they really following Reaganism? Please read this article. I am not sure whether it is OK to copy paste the article. You may need to log in to WSJ.

Peter Robinson: Immigration: What Would Reagan Do? - WSJ.com (http://online.wsj.com/article/SB10001424052748703561604575282431263367708.html)

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