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reddymjm
09-16 06:55 AM
The H1B is counted against the cap only once in 6 years. As you already had a H1 any one can file for your H1B NOW.
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sathishav
03-06 06:26 PM
Yes, as long is there is a 140 or 485 pending some where some place or a Labor pending for more than a year, you are eligible for h1 extension beyond 6 years.

My first 2 extensions after 6 years were based on a labor from previous company.
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chanduv23
11-14 07:52 PM
^^^^^^^^^
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nk2006
12-11 03:31 PM
4) Once you get 3 year H1B extension i.e. after Jan08, there are legal ways to tranfer H1B to a new company for the remaining duration but this MUST be discussed throughly with an imigration lawyer as it can be risky and very case dependent.

Remember an employer might try to revoke the I140 in an effort to regain the underlying LC for some other employee, although a retro'ed EB3 might not be too juicy a carot for anyone nowadays.

This may not be that difficult as you sounded. My understanding (ofcourse I am not a lawyer got to this conclusion based on my reading various posts and lawyer responses to my own and other queries) is that once you get three year extension based on approved I140, you are good to transfer. What happens if the previous employer withdraws your approved I140 - thats a grey area but most people suggest that it does not affect "H1B" status; it might affect I485 (if its applied with I140 concurrently). To be in safe side after moving to the new company immediately apply PERM/I-140.

Also I think you can do the transfer before getting the extension, basically if you get an offer from a new employer you can apply for transfer+extension at the same time if you time it right.

Let me know if my understanding is not right above.
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snathan
08-10 10:25 PM
Hello

Thanks for looking at this question:

Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.

Questions:
Now I am searching for a job, I am getting job offers.

1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?

2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.

3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.

Please throw some light on the best option I have.

Thanks!

You started you GC as future employement with company A. You never joined them and want to use AC-21 which will raise red flag. So you need to need to very careful.
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rtroy
10-09 04:49 PM
Hello,

In case if your attorney send you a copy I-485 application, you should have
your I-140 approval or receipt number with your I-485 application copy.

Thx
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Blog Feeds
06-24 09:20 AM
For many naturalized citizens, service in the United States military was the key to earning that citizenship. In fact, approximately 1,000 foreigners have earned their United States citizenship through military service since the Department of Defense initiated the Military Accessions Vital to National Interest (MAVNI) program after the 9/11 attacks.

The MAVNI pilot program expands upon a current Defense Department program that provides citizenship opportunities to those serving in the military who also hold green cards. In contrast, MAVNI provides a fast-tracked path to citizenship to those serving in the military who have been in the United States legally for two years or more, possess language or medical skills that are in high demand, but do not hold green cards.

Similar programs were initiated during World War II and the Korean War. These programs were crucial in fast-tracking immigrants toward citizenship following their service in the military.

For more information on the Department of Defense, please visit www.dod.gov (http://www.dod.gov).



More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/XPNt7ZtGQfo/)
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pointlesswait
01-06 10:23 AM
just ask your attorney ..if its possible to move from EB to FB category.. you should get ur answer..
better to go get a paid consultaion with murthy..or someone else..
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lkapildev
04-15 03:06 PM
LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.

I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.

Best of luck you all.

Had 1 Soft LUD on Jan 31 on 485 application.

USCIS is doing a great job thank to IV to make these possible.
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gk_2000
05-23 03:27 PM
Just more blah, blah, blah.. BTW who is Doraikumar? Is he from IV? He has been quoted here..
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jonty_11
04-11 03:03 PM
USCIS is the US Govt..You do not tell Uncle SAm how to do their job....!!
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chapsi29
07-31 04:50 PM
Hello all,

I am currently on H1B visa working for an IT company. I have got an admit for this Fall to do my MS and I was planning to study using my EAD. Now there seems to be some risk in using my EAD and so I want to apply for F1. I have applied for I-485 (Adjustment of status) along with my husband's green card application.

My question is:

1: Is it a problem to apply for F1 if my I-485 is pending approval ? The reason I ask is, F1 is a Non Immigrant visa and I-485 is for a green card (which is Immigrant visa).

2: Would my F1 application cause my 485 to be denied or vice versa ?

Thanks in advance
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Ann Ruben
06-30 07:00 PM
Because you have already been counted in the H-1 quota for FY 2008, you should be able to file for a change of status to H-1 without again being subject to the quota and should not have to wait.
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rsdang
08-22 11:46 AM
Sorry not the answer you are looking for but I remember them scanning the bar code and A# was on screen - cant remember it it was manually entered or popped up due to bar code scan...
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txh1b
02-26 11:04 PM
1. Will not work as you are already out of status due to the denial
2. If the I-94 is valid till 11/9/2009 - Nov 9, 2009, If this I-94 is from the previous employer that already has revoked the H1b, it literally does not have any meaning as you are not maintaining your H1b with that employer or working for them.
3. Not even a possibility as H1b portability requires that you are currently in status.
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itsmesabby
10-14 09:58 AM
Can you please share which counslate did you go for your first H1-B stamping ? & what questions were asked.

I would really appreciate it.

Thanks
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madhuri_sri
10-03 12:34 PM
Hello All,

I have applied for my 485 in July 2007 and I have received receipt notice for 485 application as well. I also got the appointmnet for FP. I moved to a new location and address has chaged now. If I update my address in USCIS, What are the consequences?

I still have access to the mail in my old address as my friend lives there.

Please suggest.

Thanks!!
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sands_14
06-12 11:53 AM
I dont think you have to send any supporting docs.Do you?
I didnt.Let me know please as i filed a week back;they didnt ask for any docs.
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onemorecame
06-28 12:28 PM
Thanks for all the info and i have alreadu sent this question to my attorney and didnot hear anything so far.
--sri

Sri,
Please let us know what yo got from your attorney i am also in same situation
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a_yaja
11-21 02:10 PM
Hello, I have a question I hope someone is able to answer :)

Suppose my priority dates gets current for a certain month and therefore I apply for adjustment of status (I-485) and a EAD card for my wife (I-765). If the next visa bulletin retrogresses my priority date and it is no longer current, does that also freeze the I-765 processing, or would my wife get the EAD even if my priority date is no longer current?

Thanks.

If you do not file for EAD along with the I-485 application, you can apply for EAD at any time after filing the I-485. I filed my I-485 during the July 2007 rush but did not file for EAD at that time as my H1 was valid till June 2008. I applied for my EAD only in March 2008 - when my dates were not current - and I got my EAD after 50 days.
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smuggymba
12-09 06:25 PM
LOL.

Forget about Indian or Bangladeshi - what is your real citizenship?

Are you indian just born in Bangladesh or a Bangladeshi who was enjoying indian citizenship until you realized it's a retrogressed country.
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