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  • kondur_007
    09-17 09:38 PM
    I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.

    I am not a lawyer; but this is what I believe to the best of my knowledge:

    1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.

    2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)

    There is really no law that specifies the duration.

    All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."

    Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.

    Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).

    If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...

    Again, there is no clear law on this...

    followup post:

    I think there is a mix up here between two things:

    180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

    If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

    You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

    One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

    One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

    This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

    This is from my discussion in following thread:

    http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
    http://immigrationvoice.org/forum/sh...ad.php?t=20403

    Hope this helps.

    Good Luck.





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  • FredG
    August 27th, 2004, 08:57 AM
    I'm with Don.. although I have a camera in phone, it's got less resolution that a hungover coke bottle dipped in vaseline jelly peering through the polar ice cap after a three night binge on beer, whisky and crack. ...
    resolution lower than a cockroaches left testicle and more shakey than a sneezing 99 year old geriatric having a seisure.....Rob, What have you been eating? :D





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  • roseball
    02-20 04:14 PM
    Thanks for the replies, I appreciate the time.
    When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.

    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.

    Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.





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  • rockets12345
    10-30 12:36 AM
    Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.

    Thanks



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  • acecupid
    07-16 06:24 PM
    They have been talking about this lawsuit for a long time now. I wonder when they will actually file it. Though they claim that they will file it this week, I would trust them only when they actually do file the lawsuit.:D





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  • dealsnet
    06-14 03:53 PM
    Living in outside India, we need to learn much caution.
    This is a true incident happened in NY.
    A boy from south India came to NY by family immigration sponsored by his uncle. He came after his 10th grade exam. Living in uncle's house. After few days in US, he played ball with some kids in the street. Ball strayed into somebody's garden. He went to pick the ball, and then he thought about taking permission from the house owner. He didn't ring the bell, just went inside the house, where he find a girl sitting in a sofa. She is a teenager alone in her home at that time. As soon as she saw this dark colored boy, she screamed and ran outside the house. He saw she is screaming, he also ran outside. All these sound make the neighbors attention and some one call 911 and police arrested this boy for attempted rape. He served 6 months in prison. Rape charge is rejected with a plea bargain for trespassing, all because he is minor 15 years old.

    So need to change the behavior with socializing in this country.


    Well just to get away a bit from the complications of immigration!

    Either the victim (who lost jwelery) has some animosity to you/family/your sister or your sister by her actions has given him/her reason to suspect her for the lost jwelery. Maybe your sister might have been a frequent visitor to that house? Or the jwelery was lost immediately after your sisters visit? First identify what prompted this accusation and then tackle it. Ofcourse consult a good attorney.
    Even if the person acuses your sister, she is inocent until proven guilty and unless there is sufficient evidence there is no way your sister will be convicted by any judge/jury.

    Lesson to learn; Don't get tooooooooo close to anybody. Helping is good but even with your relatives you have keep a certain distance and respect their privacy and territory. Indians tend to overlook this and often asume that they can enter into other people's lives, think for them and act for them. Its ok in India but once you are here things change quite a bit.......:o:o



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  • mita
    12-05 11:59 AM
    Kumar,
    How do you distinguish between junk and not junk? It is holiday season and some families and students travel to India during this time. Some might get time to browse the net and some might not. If someone visits this forum they will be well informed about travel conditions back home and this was my only intention but I think you have an agenda here. If you like it read it or else just ignore rather than classifying or giving names. This is not a personal chat room or e-mail so don't show your anger here, just send them a PM, my 2 cents. Have a good weekend.
    Mita, I am asking you not to paste junk URLs over here!
    You can spend your time on TOI...no issues.

    I was waiting for someone to spit venom at timesofindia but did not happen till today.
    By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.





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  • kminkeller
    03-09 03:54 PM
    Thanks Radhagd:

    Is it necessary to do consular processing. PD for EB2 for my country is current. Also, can we premium process my LABOR and I140 now a days?

    Thanks.



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  • mrajatish
    08-15 09:30 AM
    The answer to your question: It depends on your situation.

    If you like your job, and willing to wait another 1-2 years (I gather you are from rest of the world), just stick it out, get your GC and leave. It is not always easy to get EB2 140 approval, especially now.

    If it was a difference of 3-4 years, it is worth taking the risk, but for a difference of a year, do you want to go through the trouble?





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  • amsgc
    04-02 08:27 PM
    Hi Bhayzone,

    Allow me to help you a bit here...

    First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:

    1) The new application should not be counted against the yearly H-1B cap.
    2) Your current H-1B status be "extended" in the US
    3) Your wife's H4 status be "extended" in the US

    Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)

    I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.

    All this is doable because you can:
    1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
    2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.

    Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!

    Good luck!

    Ams

    Hi,

    My wife is on an H4 and we're planning to change her status to F1.
    Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
    I will very soon be transferring my H1 to a new company.

    I am worried about the implications this might have on the H4 to F1 transfer.

    1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.

    2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).

    3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.

    All advice/suggestion would be really appreciated.



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  • ibbu_arif
    11-17 01:12 PM
    All,

    Any help in answering my queries is appreciated.

    Thanks





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  • hopelessGC
    04-21 01:45 PM
    Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
    H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.

    Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.



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  • theOne
    09-09 03:13 PM
    What is the difference between 1099 and W2 ?

    Thanks,
    theOne





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  • h1bemployee
    02-26 10:43 AM
    When was your H1-B amendment denied?
    What is your current LCA salary vs. original LCA Salary?

    Original LCA salary is like 58k and current one is 40k



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  • hpandey
    02-26 03:24 PM
    Hello,
    I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.

    That's strange that you got your EAD and AP but did not get the I-485 receipt. I think its time for you to call the USCIS helpdesk and if that doesn't prove helpful then take an infopass appointment to find out what's going on .





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  • jediknight
    09-17 01:28 AM
    Thanks to everyone who signed the petition.

    I believe in freedom of speech but Dobbs is using the CNN platform to spew hate. A legitimate debate is fine but hate speech is not ok.

    I used to believe that ignore him was the best way to deal with him but after seeing some of the so called Tax parties, I am starting to think that ignoring him does not work.

    Please also post this to other web forums, facebook, twitter and send emails to your friends and colleagues asking them to sign the petition.

    - JK



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  • Redeye
    12-12 05:05 PM
    I have EB3 PD of 2004 and it will take a while to get GC for sure. I am in a situation where I do not want to go for stamping and want to use AP in Feb 2008. If I do use AP will it invalidate my H1 with the same employer. My H1 6th year ends in 2010. If I get married in India at a later date will it be an issue to bring my spouse on H4 since I am a parolee?

    Is there a way around this with a H1 extention at a later date and stamping at a later date?

    Thanks





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  • sunny1000
    06-11 05:39 PM
    Sunny1000,

    Please be careful before replying. If you do not know, don't answer.

    I have seen numerous posts that say, you can get a 3 yrs H-1 based on your previous company's I-140. (of course, it should not have been revoked). This is based on peoples experience. So don't confuse other people if you are not sure.

    Don't tell me what I need to do. This is not a "lawyers only" forum where I have to give the legally correct answer. Based on what he described, I gave the best answer I could think of, that too after nobody answered and he bumped it up.

    Re-read my post. As I said, it was my view and of course, there are better answers than mine (desi3933 for instance). If you don't like my answer, ignore and move on.





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    - 10/06/2008http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/)I-94 and I-94W (http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/)
    - 06/15/2009http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gif-I-192, Application for Advance Permission to Enter as Nonimmigrant (http://www.cbp.gov/xp/cgov/offsiteRedirectPg.xml?title=I-192%2C+Application+for+Advance+Permission+to+Enter +as+Nonimmigrant&url=http%3A%2F%2Fwww.uscis.gov%2Ffiles%2Fform%2Fi-192.pdf&referrer=/xp/cgov/travel/id_visa/)http://206.241.31.141/ImageCache/cgov/templates/images/featured_5fseealso_2ejpg/v2/image_2ddata/1/featured_5fseealso.jpg
    04/08/2008http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/lpr/)Lawful Permanent Residents (LPR) (http://www.cbp.gov/xp/cgov/travel/id_visa/lpr/)http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/nseers/)NSEERS (http://www.cbp.gov/xp/cgov/travel/id_visa/nseers/)http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/study_exchange/)Temporary Residents for Work or Study (http://www.cbp.gov/xp/cgov/travel/id_visa/study_exchange/)http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gif-Transiting the U.S. (http://www.cbp.gov/xp/cgov/travel/id_visa/iti_transit.xml)- TWOV and ITI Programs
    - 10/02/2007http://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/)Visa Waiver Program (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/)http://206.241.31.141/ImageCache/cgov/templates/images/featured_5fseealso_2ejpg/v2/image_2ddata/1/featured_5fseealso.jpghttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/spacerclear_2egif/v1/image_2ddata/1/spacerclear.gifhttp://206.241.31.141/ImageCache/cgov/templates/images/nav_5ficons/folder_5farrow_2egif/v1/image_2ddata/1/folder_5farrow.gif (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/)Visiting for Business or Pleasure (http://www.cbp.gov/xp/cgov/travel/id_visa/business_pleasure/)


    More... (http://ashwinsharma.com/2009/12/21/us-customs-and-border-protection--travel-information-for-international-visitors.aspx?ref=rss)





    va_dude
    03-09 03:01 PM
    kminkeller....

    I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.

    Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.

    Thanks.





    glen
    04-09 04:42 PM
    Approved I-140 is good enough for applying for three year extension. I don't think there is any rule to wait for 365 days after I-140. I guess the 365 day rule is for pending labour.


    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri



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