logiclife
07-23 11:11 AM
I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
Would my transfer affect my 485 processing. If yes, is there a solution?
GUYS: Do not advise if you dont know AC21 portability for sure.
To CanadianIndian:
No. Nothing will be impacted. You can move to a new location.
During the first 180 days:
You can move to any location or to a new employer. The only thing is that during first 180 days, your current GC sponsor employer can revoke your 140 and make your GC petition junk. However, since you are not doing it and only changing location you should be fine. You need to stick to the same job description.
After 180 days of filing:
You can move to any location or to a new employer. However after 180 days of 485 filing, you dont need your employer's co-operation because the employer cannot revoke your 140. Also, he cannot do anything about your pending greencard. You still do need to stay within the same job description at new location and new employer.
If you 485 is approved in less than 180 days:
This is very unlikely to happen to candidates from India and China. Mostly this happens to ROW applicants. However, if your 485 is approved in less than 180 days from filing, then you do not have the option of invoking your AC21 portability options. Therefore, you MUST go back to the location for which your GC was filed and work there atleast for 6-8 weeks. (The location mentioned in your labor cert.). In some cases, in consulting, the labor cert mentions a vague location such as "Unanticipated locations across US" -- in that case, you may not have to go back anywhere but please check with your lawyer if that is the case on your labor cert.
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sanatshah
10-25 06:09 PM
Mine 485 receipt no# also starting with SRC08008XXXXX and it's not showing online status.
hemya
08-21 09:15 AM
If you have the ead card, the file #/card# will tell you which center was your EAD fiiled. To get an approximate date using the online case status search for the file number in the approximate range as yours. For Eg. if you card # is EAC 07 043 52343 - then the center is Vermont, Filed in Fisical year 07 ( Oct -06 - Sep 07) 043 is the 43rd working day in FY07 and 52343 is the case number.
Hope this helps.
Thats what I did...but I did not put in the date of filing......My old EAD card had a LINxxxxx number
Hope this helps.
Thats what I did...but I did not put in the date of filing......My old EAD card had a LINxxxxx number
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ca_immigrant
04-15 08:20 PM
So I have sent them 2 applications
one for my daughter (add OCI to new passport) and one for my son (get new PIO)
All have same documents and so have sent proof of address for both the applications.
My son's got flagged for missing proof of address and so sent them the DL copy (mine, do not have wife's will try sending them the AP as you folks have mentioned, thanks !)
Intrestingly my daughter's got flagged for missing photo copies and have been charged $20 for 10 pages :mad: which by the way I am sure I had sent to them...
and now they are saying I have not sent the old passport that has the U visa.
Now this is a new requirement and was not there previously , before they were asking only for copy of old visa. I have a print out of the requirements from the day I filed.
Apparently, the indian consualte keeps chaing requirements every day is what I was told over the phone.
and reaching them seems to be a very painful wait :( 30 minutes to 1 hour at the least
So far I must say I am not impressed with thier service...but anyways why will they care
just venting out !!
one for my daughter (add OCI to new passport) and one for my son (get new PIO)
All have same documents and so have sent proof of address for both the applications.
My son's got flagged for missing proof of address and so sent them the DL copy (mine, do not have wife's will try sending them the AP as you folks have mentioned, thanks !)
Intrestingly my daughter's got flagged for missing photo copies and have been charged $20 for 10 pages :mad: which by the way I am sure I had sent to them...
and now they are saying I have not sent the old passport that has the U visa.
Now this is a new requirement and was not there previously , before they were asking only for copy of old visa. I have a print out of the requirements from the day I filed.
Apparently, the indian consualte keeps chaing requirements every day is what I was told over the phone.
and reaching them seems to be a very painful wait :( 30 minutes to 1 hour at the least
So far I must say I am not impressed with thier service...but anyways why will they care
just venting out !!
more...
Sheila Danzig
02-21 03:29 PM
With all due respect to the Murthy Chat, the CA has been to the appeals office where they have found it equivalent to a BA.
The following is from murthy.com site.
Question: Good evening, Murthiji. Do you think professional degree holders, like Chartered Accountants / Company Secretaries, may be deemed as equivalent to master�s degree holders for green card purposes under EB2?
Answer: Generally, CAs are not considered to be master"s degree holders. In fact, many of them do not even equate to a bachelor"s degree since, in India, the bachelor"s is only a 3-year program instead of a 4-year program. Also, the CAs do not attend proper coursework like with degrees here, so it can be a problem if one has no other education besides the BA or BCom with the CA license. Sep-12-2005.
http://murthy.com/chatdb.asp?sFor=chartered+accountant&Category=All&B1=Search
The following is from murthy.com site.
Question: Good evening, Murthiji. Do you think professional degree holders, like Chartered Accountants / Company Secretaries, may be deemed as equivalent to master�s degree holders for green card purposes under EB2?
Answer: Generally, CAs are not considered to be master"s degree holders. In fact, many of them do not even equate to a bachelor"s degree since, in India, the bachelor"s is only a 3-year program instead of a 4-year program. Also, the CAs do not attend proper coursework like with degrees here, so it can be a problem if one has no other education besides the BA or BCom with the CA license. Sep-12-2005.
http://murthy.com/chatdb.asp?sFor=chartered+accountant&Category=All&B1=Search
harivenkat
05-06 09:33 PM
Senator Bob Menendez (New Jersey)'s no. is (202) 224-4744
I called him yesterday... his staff is very friendly they take your name and message and pass it on to him,,, today Senator Menendez has chided Obama
Immigration overhaul: Sen. Menendez chides Obama; Sen. Schumer appeals to Arizona governor - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-immigration-20100507,0,1561517.story)
Senator chides Obama as pressure rises on immigration
A Democratic leader says the president must treat the overhaul with more urgency. Schumer writes to the Arizona governor, hoping to delay a controversial state law.
By Peter Nicholas, Tribune Washington Bureau
A key Senate Democratic leader said President Obama must treat the immigration crisis with far more urgency, as pressure over the issue intensified across the country Thursday.
Sen. Robert Menendez of New Jersey, an Obama ally and one of a handful of Democratic senators shaping an immigration proposal presented last week, faulted the president for suggesting on Wednesday that an immigration bill won't be finished until 2011 at the earliest.
"Telling people we're not going to get a legislative solution this year, or to suggest maybe that it's not possible this year, is not in the best interests of the nation," Menendez said in an interview in the Capitol.
At the same time, legislators and activists took steps Thursday to head off policies that they contend unfairly target illegal immigrants. Sen. Charles E. Schumer (D-N.Y.) asked Arizona's governor in a letter to delay enactment of a tough new law that criminalizes the failure to carry immigration papers. Schumer also asked for a meeting with the governor, Republican Jan Brewer.
And one Latino advocacy group, unhappy with what it sees as Obama's aggressive deportation practices, said it would attempt to end-run the president. The group said it would send a Mother's Day letter to First Lady Michelle Obama, telling her that deporting people is destructive to families.
The developments reflected mounting frustration over the immigration question. Speaking at a Cinco de Mayo reception in the Rose Garden on Wednesday, Obama promised to "begin work" on an immigration bill this year, but set no deadline for completion.
His press secretary, Robert Gibbs, sounded a more pessimistic note at a briefing Thursday. Asked why the White House doesn't push ahead with an immigration bill as it has with other legislation that lacked a bipartisan consensus, Gibbs said: "Well, because there's not enough support to move forward."
Even if prospects for an immigration overhaul are dwindling, the White House shouldn't give up, proponents insisted. Menendez said he had asked the White House to host a major summit devoted to the issue, modeled after the healthcare summit in February. Invitations would go to House and Senate lawmakers from both parties, with a block of time set aside for hashing out differences.
A White House official who was asked about that idea Thursday said: "We are continuing to examine all of the options for moving forward with a bipartisan conversation."
Always a divisive issue, illegal immigration is generating renewed bitterness on the right and left of the political spectrum. Part of the upheaval springs from the Arizona law. But advocates for Latino interests are also resentful of the Obama administration's enforcement policies.
A memo by the head of U.S. Immigration and Customs Enforcement showed that the agency wants to deport 400,000 people a year � more than double the number in 2005.
Menendez called on the president to order a less punitive approach. Deporting people when "counting is taking place" during the decennial census is "reason alone" for suspending the practice, he said.
In the hope that Michelle Obama might prove a softer touch, the National Alliance of Latin American and Caribbean Communities said it would send a letter to the first lady inviting her to intervene.
Michelle Obama has taken a largely apolitical posture since her husband became president. Choosing sides on such a fraught issue would be out of character, but the alliance is appealing to her "as a mother."
"Deportations have reached record levels under President Obama's administration. For each person deported, there are young children left behind who are denied the right to be cared for by their parents," the letter to Michelle Obama reads.
With Arizona's law scheduled to go into effect in July, Schumer hopes to derail it by convincing Brewer that a better solution is on the horizon.
He asked her to wait one year while Congress puts in place an immigration system that would provide tough border security, a foolproof identification system so that undocumented workers can't get jobs, and a path to legal status for the 11 million people living in the United States illegally.
Delaying the Arizona law would require state legislative action. Arizona officials did not respond to requests for comment.
Conceding that Republican support is lacking in the U.S. Senate, Schumer also asked Brewer to help round up GOP votes, including those of Arizona's two senators, John McCain and Jon Kyl. So far, no Republican lawmaker has agreed to support the effort.
Schumer wrote that a comprehensive immigration bill is the best remedy.
"I simply do not believe the remedy Arizona has enacted will succeed in resolving the problem it is designed to address," he wrote.
I called him yesterday... his staff is very friendly they take your name and message and pass it on to him,,, today Senator Menendez has chided Obama
Immigration overhaul: Sen. Menendez chides Obama; Sen. Schumer appeals to Arizona governor - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-immigration-20100507,0,1561517.story)
Senator chides Obama as pressure rises on immigration
A Democratic leader says the president must treat the overhaul with more urgency. Schumer writes to the Arizona governor, hoping to delay a controversial state law.
By Peter Nicholas, Tribune Washington Bureau
A key Senate Democratic leader said President Obama must treat the immigration crisis with far more urgency, as pressure over the issue intensified across the country Thursday.
Sen. Robert Menendez of New Jersey, an Obama ally and one of a handful of Democratic senators shaping an immigration proposal presented last week, faulted the president for suggesting on Wednesday that an immigration bill won't be finished until 2011 at the earliest.
"Telling people we're not going to get a legislative solution this year, or to suggest maybe that it's not possible this year, is not in the best interests of the nation," Menendez said in an interview in the Capitol.
At the same time, legislators and activists took steps Thursday to head off policies that they contend unfairly target illegal immigrants. Sen. Charles E. Schumer (D-N.Y.) asked Arizona's governor in a letter to delay enactment of a tough new law that criminalizes the failure to carry immigration papers. Schumer also asked for a meeting with the governor, Republican Jan Brewer.
And one Latino advocacy group, unhappy with what it sees as Obama's aggressive deportation practices, said it would attempt to end-run the president. The group said it would send a Mother's Day letter to First Lady Michelle Obama, telling her that deporting people is destructive to families.
The developments reflected mounting frustration over the immigration question. Speaking at a Cinco de Mayo reception in the Rose Garden on Wednesday, Obama promised to "begin work" on an immigration bill this year, but set no deadline for completion.
His press secretary, Robert Gibbs, sounded a more pessimistic note at a briefing Thursday. Asked why the White House doesn't push ahead with an immigration bill as it has with other legislation that lacked a bipartisan consensus, Gibbs said: "Well, because there's not enough support to move forward."
Even if prospects for an immigration overhaul are dwindling, the White House shouldn't give up, proponents insisted. Menendez said he had asked the White House to host a major summit devoted to the issue, modeled after the healthcare summit in February. Invitations would go to House and Senate lawmakers from both parties, with a block of time set aside for hashing out differences.
A White House official who was asked about that idea Thursday said: "We are continuing to examine all of the options for moving forward with a bipartisan conversation."
Always a divisive issue, illegal immigration is generating renewed bitterness on the right and left of the political spectrum. Part of the upheaval springs from the Arizona law. But advocates for Latino interests are also resentful of the Obama administration's enforcement policies.
A memo by the head of U.S. Immigration and Customs Enforcement showed that the agency wants to deport 400,000 people a year � more than double the number in 2005.
Menendez called on the president to order a less punitive approach. Deporting people when "counting is taking place" during the decennial census is "reason alone" for suspending the practice, he said.
In the hope that Michelle Obama might prove a softer touch, the National Alliance of Latin American and Caribbean Communities said it would send a letter to the first lady inviting her to intervene.
Michelle Obama has taken a largely apolitical posture since her husband became president. Choosing sides on such a fraught issue would be out of character, but the alliance is appealing to her "as a mother."
"Deportations have reached record levels under President Obama's administration. For each person deported, there are young children left behind who are denied the right to be cared for by their parents," the letter to Michelle Obama reads.
With Arizona's law scheduled to go into effect in July, Schumer hopes to derail it by convincing Brewer that a better solution is on the horizon.
He asked her to wait one year while Congress puts in place an immigration system that would provide tough border security, a foolproof identification system so that undocumented workers can't get jobs, and a path to legal status for the 11 million people living in the United States illegally.
Delaying the Arizona law would require state legislative action. Arizona officials did not respond to requests for comment.
Conceding that Republican support is lacking in the U.S. Senate, Schumer also asked Brewer to help round up GOP votes, including those of Arizona's two senators, John McCain and Jon Kyl. So far, no Republican lawmaker has agreed to support the effort.
Schumer wrote that a comprehensive immigration bill is the best remedy.
"I simply do not believe the remedy Arizona has enacted will succeed in resolving the problem it is designed to address," he wrote.
more...
paskal
08-23 03:41 PM
Sat 25th
IAM Independence day picnic
fun food etc and great opportunity to spread the word
Como Park East Pavillion from Noon
Sun 26th
Telegu Society annual meet
Contact libra (can pm) for details
Need volunteers to attend, we shoulbe be going in strength!
the road to your GC
goes through DC!
join us on the journey...
IAM Independence day picnic
fun food etc and great opportunity to spread the word
Como Park East Pavillion from Noon
Sun 26th
Telegu Society annual meet
Contact libra (can pm) for details
Need volunteers to attend, we shoulbe be going in strength!
the road to your GC
goes through DC!
join us on the journey...
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gcdreamer05
08-27 01:58 PM
As mentioned in your other post. This should have no bearing on your status.
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
more...
puddonhead
07-24 04:44 PM
Hey, what is the cash back rate? 1%, 2%? Is there any limit?
Platinum amex, for first 2 years of membership, gives me 3 thankyou points per $ spent (5 for bonus categories of gas, supermarket and drugstore). Premierpass I think is 1 and 3 (not sure).
I think there is an annual limit per year - never needed to worry about it.
You should be able to find the details at citibank.com.
I personally use Platinum amex as my primary card and premierpass elite as the secondary for places where American Express is not accepted. I've already got > $1400 in GCs and other stuff from thankyou network between myself and my wife. This $1400 includes the $500 from airline bonus points for my india trip.
Platinum amex, for first 2 years of membership, gives me 3 thankyou points per $ spent (5 for bonus categories of gas, supermarket and drugstore). Premierpass I think is 1 and 3 (not sure).
I think there is an annual limit per year - never needed to worry about it.
You should be able to find the details at citibank.com.
I personally use Platinum amex as my primary card and premierpass elite as the secondary for places where American Express is not accepted. I've already got > $1400 in GCs and other stuff from thankyou network between myself and my wife. This $1400 includes the $500 from airline bonus points for my india trip.
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NikNikon
June 25th, 2006, 08:48 PM
As I'm reading about Fred streaking for some photographs I suddenly remember the title of this thread, "black spot on images" and I think to myself if there's black spots showing up on some images it would need to be these "Fred pics". Nothing personal Fred but I don't swing that way. ;)
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paulkurni
06-17 04:24 PM
I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
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chanduv23
09-09 10:35 AM
I agree that TANA & ATA are big organizations. But their focus is entertainment. And I heard that there is a lot of corruption. There are some allegations that people spend lot of money to become the president(or some other highest post). Who ever is competing for the highest post, they spend lot of money towards new membership program. they register all new members and ask them to vote for them. This happens just before the elections for the post. I do not think, people spend hundreds of thousands of dollars for new member registration with out expecting some thing back. Probably, there may be lot of corruption involved. I do not think, it is good idea of joining such kind of organizations. More over, there may be more organizations for each indian language in USA. Are we going to attach with all of them?
This is my opinion. If you do not like, you can remove it.
I agree. All these organizations are like that. A good example on how fraudulent trustees iof temples might be check this http://in.rediff.com/us/2001/aug/04us2.htm - this is about tax fraud at Flushing Ganesh temple
This is my opinion. If you do not like, you can remove it.
I agree. All these organizations are like that. A good example on how fraudulent trustees iof temples might be check this http://in.rediff.com/us/2001/aug/04us2.htm - this is about tax fraud at Flushing Ganesh temple
more...
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EndlessWait
06-19 04:51 PM
transfer ur H1 and H4..that's it... AC21 does not mean u can't use ur H1..u still can..but she can't work remember that..
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chanduv23
09-24 04:06 PM
Jaime U Rock Dude
Please Point Mme To A Pic Of Urs From The Rally, I Am Curious To Know Who This Great Person Is :)
Please Point Mme To A Pic Of Urs From The Rally, I Am Curious To Know Who This Great Person Is :)
more...
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parablergh
08-27 02:55 PM
- just a note - I would also strongly recommend filing your spouse's AOS as soon as possible (once current). Please note that this should be done prior to receiving approval for your Adjustment.
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maniac
08-07 03:08 PM
Make sure you take landing papers to US embassy with you to prove that you entered Canada legally. There should not be any problems.
more...
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asdfgh
02-27 08:32 AM
Currently in wetsern europe and going tomorrow to pick up my passport....am getting 2 stamps...1 for current extension that ends end of next month and then a second one for the new extension valid until '10....had to pay twice the fees since its 2 stamps.
They discussed the issue at the consulate and decided that the best way to proceed was with 2 stamps to avoid any issues at port of entry.
Reason - The stamp needs to match the dates on 797...so either get 2 stamps or get 1 stamp for the latest extension which will only be effective for travel beginning 10 days prior to date on 797.
Guess based on a previous post it varies from consulate to consulate.
Whatever you get, doesnt matter, as long as you get it and it allows you to come back when you want to.
They discussed the issue at the consulate and decided that the best way to proceed was with 2 stamps to avoid any issues at port of entry.
Reason - The stamp needs to match the dates on 797...so either get 2 stamps or get 1 stamp for the latest extension which will only be effective for travel beginning 10 days prior to date on 797.
Guess based on a previous post it varies from consulate to consulate.
Whatever you get, doesnt matter, as long as you get it and it allows you to come back when you want to.
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chanduv23
10-09 08:15 AM
Come on folks - all the way to Riverhead we have tonnes of people living in these areas affected by Retrogression.
EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.
How can you expect govt to fix your problem if you lack motivation?
Lets start mobilizing the chapter
Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.
We need a very strong resprsentation from everyone in the community.
Ignoring our requests only puts all of us in a tougher situation
EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.
How can you expect govt to fix your problem if you lack motivation?
Lets start mobilizing the chapter
Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.
We need a very strong resprsentation from everyone in the community.
Ignoring our requests only puts all of us in a tougher situation
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FinalGC
03-30 10:44 AM
Yes, their AOS is applied......
justAnotherFile
07-17 01:12 AM
great news.
new important points:
1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "
2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"
Just hoping that by some miracle tomorrows news is even better than expected.
BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"
new important points:
1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "
2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"
Just hoping that by some miracle tomorrows news is even better than expected.
BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"
nk2006
05-02 12:03 PM
a. If I move now, can I take my 3 yr extension filed by company A with me or
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.
b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.
As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).
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