meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
wallpaper availability of Office 365
i4u
04-23 03:30 PM
You will need:
Form 134 affidavit of support (no notorization required)
employment letter
pay stubs
letter from the bank regarding present balance and avg balance in previous years
bank statements for the past six months
income tax documents
invitation letter - why they are coming here
identifications - relationships (your original birth certificate); photocopy of your passport and your legal status proof
Form 134 affidavit of support (no notorization required)
employment letter
pay stubs
letter from the bank regarding present balance and avg balance in previous years
bank statements for the past six months
income tax documents
invitation letter - why they are coming here
identifications - relationships (your original birth certificate); photocopy of your passport and your legal status proof
pa_arora
09-05 01:30 PM
Thankyou guys, appreciate your answers and help.
2011 Office 365 integration.
MTsoul
04-22 06:59 PM
That looks great! It looks like spongebob..
more...
determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
missourian
06-25 05:18 PM
Please see other thread on similar topic...please do not start new threads without researching exisitng threads...moderators please lock this thread or merge with the existing thread.
IMHO the other thread talks about travelling if you have a valid H1B, this thread talks about going to a us consulate to get H1B stamped during your 485 pending
Am I correct?
IMHO the other thread talks about travelling if you have a valid H1B, this thread talks about going to a us consulate to get H1B stamped during your 485 pending
Am I correct?
more...
AabTuAgaGC
01-25 03:33 PM
Do you need a valid H-1B status if your H-1B stamp has expired. I don't have any H-1B stamp on my passport and my H-1B status (I-797) will expire on February 14th, 2008. I will then switch to EAD. I am traveling on Feb 23rds, 2008 (Chicago->JFK->Dubai-Pakistan).
So, do i still need a valid H-1B status even though, i will be traveling back on AP?
So, do i still need a valid H-1B status even though, i will be traveling back on AP?
2010 house wallpaper Office 365
revnet
October 24th, 2004, 01:34 PM
Thanks Rune, that helps a lot. I am still wanting to know if anybody else uses this camera in the studio. Maybe this thread could evolve into something that others can post what they use. Just a thought. So far it looks like a lot of Canon users. Which is cool... ;) Thanks again. I'll check those links out.
By the way, this is a great community. I have learned alot browsing the threads. Thanks to all that have contributed.:cool:
By the way, this is a great community. I have learned alot browsing the threads. Thanks to all that have contributed.:cool:
more...
Sakthisagar
12-01 12:52 PM
This is Indian Citizen marrying another Indian Citizen, Green card holder does not have a seperate citizenship! Srinivas having said that. Best way is get her an H1B visa. otherwise whe have to wait long years. but If you are a US citizen then things can change. You can get her in US in K Category Visa and file an I-130
But seek your attonrney's advise always.
Congrats to You and Would be!
May GOD Bless.
But seek your attonrney's advise always.
Congrats to You and Would be!
May GOD Bless.
hair and Office 365 will be
uma001
05-28 04:09 PM
Hello,
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
It is really tough to get extension for an IT position. consult a lawyer
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
It is really tough to get extension for an IT position. consult a lawyer
more...
rajeshalex
12-13 09:44 AM
seems to be a good idea
hot wallpaper 试用Office 365
kirupa
04-22 04:35 PM
Sorry for the delay in keeping this up-to-date :) I'll have yours added up shortly!
more...
house wallpaper Office 365 microsoft
la6470
08-30 02:40 PM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
tattoo Office 365 support is
theshiningsun
06-17 10:10 PM
thx for ur inputs newbie2020. yes, i know that it is a conditional GC to start with.
my concern was - as far as i know, i cannot work actively for my own business on H-1B. hence i wanted to know if i could continue working on H-1B, apply for GC under EB-5 and then start the business after getting it.
attorneys, do u hv anything to add to what newbie2020 has said?
thx,
my concern was - as far as i know, i cannot work actively for my own business on H-1B. hence i wanted to know if i could continue working on H-1B, apply for GC under EB-5 and then start the business after getting it.
attorneys, do u hv anything to add to what newbie2020 has said?
thx,
more...
pictures the office - 365 Beautiful
GCNirvana007
08-19 06:02 AM
Those who can afford to go to an USCIS office, if you have proper evidence, they issue AP and give it to you right there.
dresses office 365 download.
GCisLottery
06-19 01:53 PM
Warning: Personal opinion.
Comprehensive Immigration Reform Bill passed by senate(S.2611) may not see the light this year - an election year.
The House of Representatives is controlled by the Republican party. It is their utmost priority to keep it that way after November elections.
Immigration is a hot issue. Having seen how nasty television commercials for candidates can turn into in hotly contested places, the war may be won or lost on immigration issue.
The President does not enjoy popularity to influence people to vote for a Republican candiate. No matter how many PR stunts he may do, it's going to have little effect, if any.
Comprehensive Immigration Reform Bill passed by senate(S.2611) may not see the light this year - an election year.
The House of Representatives is controlled by the Republican party. It is their utmost priority to keep it that way after November elections.
Immigration is a hot issue. Having seen how nasty television commercials for candidates can turn into in hotly contested places, the war may be won or lost on immigration issue.
The President does not enjoy popularity to influence people to vote for a Republican candiate. No matter how many PR stunts he may do, it's going to have little effect, if any.
more...
makeup wallpaper Office 365 brings
Nikith77
12-11 01:24 PM
Hi Gurus
Do we get FP again for second EAD :confused:
Thanks in advance.
Do we get FP again for second EAD :confused:
Thanks in advance.
girlfriend wallpaper Office 365 will be
mzafar125
11-12 11:56 AM
bump
hairstyles wallpaper from the Office 365
sledge_hammer
07-01 09:10 AM
Hello all,
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ ______ _______________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
__________________________________________________ _______________
Thanks in advance!
I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?
__________________________________________________ _______________
2. I am __ years of age and have resided in the United States since (date) ______
Do I enter the date I first landed in the US, or the most recent landing?
__________________________________________________ _______________
3. Name of spouse and children accompanying or following to join person:
I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
__________________________________________________ _______________
7. I am employed as or engaged in the business of _______ with _______
Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ ______ _______________
8. The following persons are dependent on me for support:
My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
__________________________________________________ _______________
9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.
I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
__________________________________________________ _______________
10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?
I had of course sponsored my wife's H4. For date submitted, what date should I use?
__________________________________________________ _______________
11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3
What should I enter here?
__________________________________________________ _______________
Thanks in advance!
gclabor07
08-26 10:42 AM
Thank you both for the information. I'll recapture my 3 months spent in India as well. Hopefully, that gives me time to get I-140 processed. I'm keeping my fingers crossed about I-140 Premium Processing.
new_horizon
04-06 04:11 PM
Normally at the POE they scan the visa page to get the info. I think just the page being damp wouldn't affect the machine reading. But if you are so concerned you can call the nearest consulate in your home country, and inquire about it.
No comments:
Post a Comment