Recording for this Conference Call is now available for download here - http://www.immigration.com/improving_immigration/conference_calls.html
Thanks
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Recording Now Available for Feb 21 Call
- Thread starter Rajiv S. Khanna
- Start date
- Status
gc_bulgaria
Registered Users (C)
AC21 Application
Hello Rajiv,
Thank you again for providing this wonderful service to the community.
I have three questions:
1. Can a 20 hr. PhD research job with EAD in the same field with similar description be argued as an AC21 case? The salary is obviously less. What this means is that can I just work on my PhD full time and not work for the company at all while finishing the doctorate? I don't want to let go of a wonderful research opportunity since the GC time frame is so uncertain. Also, my company supports my decision to either go part time with them and work on PhD or just focus on PhD and complete it before coming back.
2. To open service request, how to convince the IO to use RD and not the ND (if I am not mistaken, they are supposed to take the reciept date into consideration)? They tell you that ND is what they have in their system but I have the RD on my receipt notice from them.
3. With the recent opening of name check backlog, do you think processing dates and EB2 ROW will get retrogressed?
Thanks,
gc_bulgaria
EB2 ROW (CC)
RD 26th July, 2007
ND 17th September, 2007
GC ????
Hello Rajiv,
Thank you again for providing this wonderful service to the community.
I have three questions:
1. Can a 20 hr. PhD research job with EAD in the same field with similar description be argued as an AC21 case? The salary is obviously less. What this means is that can I just work on my PhD full time and not work for the company at all while finishing the doctorate? I don't want to let go of a wonderful research opportunity since the GC time frame is so uncertain. Also, my company supports my decision to either go part time with them and work on PhD or just focus on PhD and complete it before coming back.
2. To open service request, how to convince the IO to use RD and not the ND (if I am not mistaken, they are supposed to take the reciept date into consideration)? They tell you that ND is what they have in their system but I have the RD on my receipt notice from them.
3. With the recent opening of name check backlog, do you think processing dates and EB2 ROW will get retrogressed?
Thanks,
gc_bulgaria
EB2 ROW (CC)
RD 26th July, 2007
ND 17th September, 2007
GC ????
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Me and my wifes's H1 related queries
Dear Rajiv,
I have a few queries regarding mine and my wife's H1B. I would really appreciate replies to my queries as early as possible. Thanks in advance for your service to the community!
Please find our situation and queries below:
I got H1B petition (*without* change of status) in October 2007.
So I remained on the status I was (which is L1B) and continued working for my L1 petitioner (I was in US on L1B since March'2005 for the same L1 petitioner ). My H1 petitioner applied for a change of status to H1 which
got approved on January 14'2008 and I have started working for
the H1 petitioner as of Januray'2008. Similarly my wife also got H1 (*with* change of status) as of October 1'2007 with the same H1 petitioner as mines.
My queries are:
1.
As I mentioned above my H1 (Change of Status) got approved on
January 14'2008 but I had already started working for my H1 petitioner
as of January 1'2008 (meaning I was on their payrolls as of January 1).
So will I be considered out of status from January 1 to January 14 (I still
had a valid I-94 from my L1B) ? If yes, what are the implications and if I can do anything about this now?
2.
I did not work for my L1 or H1 petitioner for the month of December'2007 as I had already given my notice to my L1 petitioner for leaving at the end of November in anticipation of getting a project by December 1'2007. However I had to wait a month of December'2007 before I got a project. In case you wonder why I decided to give notice even though I did not have a change of status it is because my H1 petitioner mentioned to me that USCIS had made
a mistake in not giving me change of status as of October 1'2007 as the
orginial application in April 2007 was filed requesting a COS along
with the petition. Hence as per my H1 petitioner my new change of status would be approved backdated from October 1'2007 and hence as per my employer it was okay for me to join them starting December '2007. So that is why I resigned but eventually USCIS did not do the change of status backdated and it became effective from January 14'2008.
So does my being in US for the month of December'2007 without being on payrolls of L1 or H1 petitioner cause any issues in my green card, H1 transfer etc in future?
3.
My wife is currently getting a salary less than what is noted on her LCA. My question is that when I apply for my green card (and my wife applies for her green card through me), and if my wife is getting (or ever got) a salary
less than noted on her LCA will that cause a problem in either of us getting a green card? Also when wife does her H1 transfer will her getting salary less than on her LCA cause her H1 transfer to be denied?
4.
I have applied for a green card with my current company. However part of that company is getting divested (someone else is going to buy it), and I am part of that group that is getting divested. What will happen to the green card process with my current company? Can this be transferred to the new company?
5.
What are the criteria on which a company decides to apply green card for an employee? Like if a company is laying off employees, will that have an effect
on them sponsoring green card for other employees?
Thanks!
Dear Rajiv,
I have a few queries regarding mine and my wife's H1B. I would really appreciate replies to my queries as early as possible. Thanks in advance for your service to the community!
Please find our situation and queries below:
I got H1B petition (*without* change of status) in October 2007.
So I remained on the status I was (which is L1B) and continued working for my L1 petitioner (I was in US on L1B since March'2005 for the same L1 petitioner ). My H1 petitioner applied for a change of status to H1 which
got approved on January 14'2008 and I have started working for
the H1 petitioner as of Januray'2008. Similarly my wife also got H1 (*with* change of status) as of October 1'2007 with the same H1 petitioner as mines.
My queries are:
1.
As I mentioned above my H1 (Change of Status) got approved on
January 14'2008 but I had already started working for my H1 petitioner
as of January 1'2008 (meaning I was on their payrolls as of January 1).
So will I be considered out of status from January 1 to January 14 (I still
had a valid I-94 from my L1B) ? If yes, what are the implications and if I can do anything about this now?
2.
I did not work for my L1 or H1 petitioner for the month of December'2007 as I had already given my notice to my L1 petitioner for leaving at the end of November in anticipation of getting a project by December 1'2007. However I had to wait a month of December'2007 before I got a project. In case you wonder why I decided to give notice even though I did not have a change of status it is because my H1 petitioner mentioned to me that USCIS had made
a mistake in not giving me change of status as of October 1'2007 as the
orginial application in April 2007 was filed requesting a COS along
with the petition. Hence as per my H1 petitioner my new change of status would be approved backdated from October 1'2007 and hence as per my employer it was okay for me to join them starting December '2007. So that is why I resigned but eventually USCIS did not do the change of status backdated and it became effective from January 14'2008.
So does my being in US for the month of December'2007 without being on payrolls of L1 or H1 petitioner cause any issues in my green card, H1 transfer etc in future?
3.
My wife is currently getting a salary less than what is noted on her LCA. My question is that when I apply for my green card (and my wife applies for her green card through me), and if my wife is getting (or ever got) a salary
less than noted on her LCA will that cause a problem in either of us getting a green card? Also when wife does her H1 transfer will her getting salary less than on her LCA cause her H1 transfer to be denied?
4.
I have applied for a green card with my current company. However part of that company is getting divested (someone else is going to buy it), and I am part of that group that is getting divested. What will happen to the green card process with my current company? Can this be transferred to the new company?
5.
What are the criteria on which a company decides to apply green card for an employee? Like if a company is laying off employees, will that have an effect
on them sponsoring green card for other employees?
Thanks!
Travel while I140/485 on Process
Dear Rajiv,
I filed my I-140/485 in PERM. I have a Valid H-1 Stampped till August 2008. I have not received the Receipt for I-140/485 which usually takes 4 to 6 weeks.
My Question is if I have to go to my Home Country and My I-140/485 is filed do I have to Wait for the Receipt Number for I-140/485 before I go out of the Country?
I would really appreciate If you could Clarify that.
Again thanks a lot for providing such a great service towards the community.
Dear Rajiv,
I filed my I-140/485 in PERM. I have a Valid H-1 Stampped till August 2008. I have not received the Receipt for I-140/485 which usually takes 4 to 6 weeks.
My Question is if I have to go to my Home Country and My I-140/485 is filed do I have to Wait for the Receipt Number for I-140/485 before I go out of the Country?
I would really appreciate If you could Clarify that.
Again thanks a lot for providing such a great service towards the community.
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I have a question about the continuous residence requirement for naturalization.
I have gotten my GC back in Nov 2000 when I was 16yrs old, but my step-father(who I derived my GC from) who is a US citizen by birth has been working overseas for an international bank (Standard Chartered Bank) in Singapore since more than 10 years ago before marrying my mum (my mum has a GC too). Therefore, as a minor I had to stay with my parents in Singapore after becoming a permanent resident of the states. I was having middle and pre-university education in Singapore between Nov 2000 and APR 2005, but I did visit the states during school breaks, while my parents visit my grandmother(father) and relatives(father's sister and newphews and nieces, uncles etc) on a yearly basis in the US.
Therefore, I did absent from the states for more than 6 months but less than a year. And I never ran into any trouble with USCIS or officers at POE. My parents filed for 1040 and Tax return Exemption for Foreign Income each year and I have been claimed as a dependent from time to time depending on my father’s income status on his 1040.
Before turning 21 in AUG 2005, I returned to the States for university education and residence since APR 2005 (after finishing pre-university education in Singapore) and have since only taken a 26days trip overseas. That means I have already been physically present in the States for more than 30months (almost 33 months for the past 5 years).
I applied for naturalization in late Jan, 2008, and since received I-797C NOA from VSC with no exceptions on 1Feb, 2008 and my FP appointment is next Wednesday on the 20th in Philadelphia.
I was wondering if my situation can be demonstrated successfully that I did maintain ties with US as closely as possible during those years between Nov 2000 and APR 2005 in order to prove that I did not break my continuous residency and my original intention is to live in the States but circumstance did not allow as my parents were overseas and I was a minor and had been receiving education in Singapore even prior to getting my US GC status. I was also a Permanent Resident of Singapore between those years and had given up my Singapore Permanent Residency since MARCH 2005 before returning to US. My mum has also returned to spent most of the time here in US since MAY 2005 after my return and served as a faculty at UArts, Philadelphia. My father is still currently working in Singapore as a PR of Singapore. (My mum's return is also partially due to her concerns for me to stay alone in the states)
I have decided to hire a veteran immigration lawyer from Orlow, Kaplan and Hohenstein PC, in Philadelphia, Pennsylvania to act on my behalf. They had advised me that there shouldn’t be a problem since the situation was unusual and it was not something that can be decided by myself and my family and I did what we could have done best to maintain relationship with US. They asked for all my parents' joint tax return transcripts for the past 6 years. I will be producing enrollment verifications for me in Singapore and etc. However, I would just like to see if you would kindly share your view on the matter.
Thank you very much.
I have gotten my GC back in Nov 2000 when I was 16yrs old, but my step-father(who I derived my GC from) who is a US citizen by birth has been working overseas for an international bank (Standard Chartered Bank) in Singapore since more than 10 years ago before marrying my mum (my mum has a GC too). Therefore, as a minor I had to stay with my parents in Singapore after becoming a permanent resident of the states. I was having middle and pre-university education in Singapore between Nov 2000 and APR 2005, but I did visit the states during school breaks, while my parents visit my grandmother(father) and relatives(father's sister and newphews and nieces, uncles etc) on a yearly basis in the US.
Therefore, I did absent from the states for more than 6 months but less than a year. And I never ran into any trouble with USCIS or officers at POE. My parents filed for 1040 and Tax return Exemption for Foreign Income each year and I have been claimed as a dependent from time to time depending on my father’s income status on his 1040.
Before turning 21 in AUG 2005, I returned to the States for university education and residence since APR 2005 (after finishing pre-university education in Singapore) and have since only taken a 26days trip overseas. That means I have already been physically present in the States for more than 30months (almost 33 months for the past 5 years).
I applied for naturalization in late Jan, 2008, and since received I-797C NOA from VSC with no exceptions on 1Feb, 2008 and my FP appointment is next Wednesday on the 20th in Philadelphia.
I was wondering if my situation can be demonstrated successfully that I did maintain ties with US as closely as possible during those years between Nov 2000 and APR 2005 in order to prove that I did not break my continuous residency and my original intention is to live in the States but circumstance did not allow as my parents were overseas and I was a minor and had been receiving education in Singapore even prior to getting my US GC status. I was also a Permanent Resident of Singapore between those years and had given up my Singapore Permanent Residency since MARCH 2005 before returning to US. My mum has also returned to spent most of the time here in US since MAY 2005 after my return and served as a faculty at UArts, Philadelphia. My father is still currently working in Singapore as a PR of Singapore. (My mum's return is also partially due to her concerns for me to stay alone in the states)
I have decided to hire a veteran immigration lawyer from Orlow, Kaplan and Hohenstein PC, in Philadelphia, Pennsylvania to act on my behalf. They had advised me that there shouldn’t be a problem since the situation was unusual and it was not something that can be decided by myself and my family and I did what we could have done best to maintain relationship with US. They asked for all my parents' joint tax return transcripts for the past 6 years. I will be producing enrollment verifications for me in Singapore and etc. However, I would just like to see if you would kindly share your view on the matter.
Thank you very much.
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Name Check/Administrative Review
Dear Rajiv
There are alot of people out there whose AOS is pending name check but whenever they inquire through congressman or by directly contacting USCIS they get different answers for example case is going under administrative review or additional review, extended review, internal review,external review. One can get two different answers on a given day.
Are they all related to name check??
Will this new memo help help people who are getting these different answers.
How about people stuck in local offices like Washington DC or Baltimore??
Thanks
Dear Rajiv
There are alot of people out there whose AOS is pending name check but whenever they inquire through congressman or by directly contacting USCIS they get different answers for example case is going under administrative review or additional review, extended review, internal review,external review. One can get two different answers on a given day.
Are they all related to name check??
Will this new memo help help people who are getting these different answers.
How about people stuck in local offices like Washington DC or Baltimore??
Thanks
H1 Extension while out of the country
I am in my 9th year of H1 and my I140 has been approved. I am currently outside the country and working for my employer (and getting paid) continuously.
I have not planned on coming back to the US before my H1 expires. Can I apply for H1 extension while I am not in the US or do I have come back to the US before I can apply for an extension?
Thanks,
V
I am in my 9th year of H1 and my I140 has been approved. I am currently outside the country and working for my employer (and getting paid) continuously.
I have not planned on coming back to the US before my H1 expires. Can I apply for H1 extension while I am not in the US or do I have come back to the US before I can apply for an extension?
Thanks,
V
Wewillgetit2007
Registered Users (C)
I485 Denied
Thanks Mr. Khanna for your advise last time on our case. As per your advise we have filed for H1B extension (Case where I-485 denied becuase it was accepted when visa numbers were not available). I would appreciate if you could answer some of the question related to the same case.
1. In case if I re-file I-485 from my previous employer (Original GC Sponsorer) do I need to join them before refiling or can I join them once green card is recieved.
2. Can a person on H4 visa, do honorary work for a company. If yes, then is there any pre-requisite like the kind of company etc.
Appreciate your word of advise
Thanks Mr. Khanna for your advise last time on our case. As per your advise we have filed for H1B extension (Case where I-485 denied becuase it was accepted when visa numbers were not available). I would appreciate if you could answer some of the question related to the same case.
1. In case if I re-file I-485 from my previous employer (Original GC Sponsorer) do I need to join them before refiling or can I join them once green card is recieved.
2. Can a person on H4 visa, do honorary work for a company. If yes, then is there any pre-requisite like the kind of company etc.
Appreciate your word of advise
Coming back to USA on AP, if H1B Visa stamping delayed
Can we come back to US on AP if for some reason (say 221 g pink) the visa stamping got delayed in Chennai consulate ?
Go back to consulate when the admin. processing got cleared, get the visa and come back as H1B?
Can we come back to US on AP if for some reason (say 221 g pink) the visa stamping got delayed in Chennai consulate ?
Go back to consulate when the admin. processing got cleared, get the visa and come back as H1B?
LC substitution - I140 approval pending
Hi Rajiv,
First of all, thank you for this effort of yours to guide us in immigration matters.hats Off.....
My case is similar to one of the queries you answered last time but there are a few varients.
I applied for GC from my friend's company (Company A) using Labor substitution last July and awaiting I 140 approval.
I am working for Company B .
here are my questions
1.The Labor approval is for experience of 2 years but I have 9 years of expereince.I am sure there is a gap between the salaries.
I am getting 80K now.Will this be a problem for I140 approval?.
2.Company A lawyer is pressurising me to join Company A immediately as I have got my EAD and I have to fulfill the intent to work for them.otherwise my I140 will be denied.Is it so?
3.I am feeling that I will not be paid the salary I am getting now, if I join company A.Should I compulsarily join Company A?Can I join Company C instead?
4.With I140 still pending and EAD on hand, can I move to company C on EAD instead of H1B?
Thanks
anuj
Hi Rajiv,
First of all, thank you for this effort of yours to guide us in immigration matters.hats Off.....
My case is similar to one of the queries you answered last time but there are a few varients.
I applied for GC from my friend's company (Company A) using Labor substitution last July and awaiting I 140 approval.
I am working for Company B .
here are my questions
1.The Labor approval is for experience of 2 years but I have 9 years of expereince.I am sure there is a gap between the salaries.
I am getting 80K now.Will this be a problem for I140 approval?.
2.Company A lawyer is pressurising me to join Company A immediately as I have got my EAD and I have to fulfill the intent to work for them.otherwise my I140 will be denied.Is it so?
3.I am feeling that I will not be paid the salary I am getting now, if I join company A.Should I compulsarily join Company A?Can I join Company C instead?
4.With I140 still pending and EAD on hand, can I move to company C on EAD instead of H1B?
Thanks
anuj
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Hi Rajiv,
Thanks for your Service.
I am Currently on H1B of Company "A". This Company "A" has sponsored for my GC.
Labor, I-140 already cleared on "A" 's name, i filed my I-485 (AOS) on
2nd July 2007, so currently I-485 has been Pending for more then 180 days.
I got 6 pay checks (1 per month) on "A" 's name.
Now, "A" is Merged with another Company "B" and they are doing Business in "B" 's name.
From the Month of Jan 2008 Onwards i am getting Paychecks on "B" 's name eventhough
my H1B is still on "A" 's name.
Here are my Questions
1. Does "B" needs to file an Amended I-140 or is it safe to use AC21 since I-140 is Approved 1 year ago
and I-485 is Pending for more then 6 months. Any Issues with merger in future if i dont file
Amended I-140
2. Since i am getting Paychecks on "B" 's name eventhough my H1 is on "A" 's name, will this Situation
Cause any Issues if i transfer my H1 to another new company "C". What additional docs do i need for
this kind of transfer.
3. "B" has different Federal ID then "A", and "B" is ready to file a new Labor in EB2 Category for me.
I will qualify for EB2 only if i use Experience From "A".
Can i use experience gained at "A" or NOT.
I want to transfer my EB3 PD to EB2, is this doable.
4. Can i join another employer "C", file another Labor in EB2 and transfer my EB3 PD to EB2.
What is the best way to do this, should we request the PD transfer while filing the new
EB2 I-40 or should we request it after the new I-40 Approval.
5. I am on my 7th Year H1B, I-140 Approved, if i transfer my H1B to another company "C" using the
I-140 approval will i get 3 year H1B extension or 1 year, since my I-485 is Pending.
Thanks for your Service.
I am Currently on H1B of Company "A". This Company "A" has sponsored for my GC.
Labor, I-140 already cleared on "A" 's name, i filed my I-485 (AOS) on
2nd July 2007, so currently I-485 has been Pending for more then 180 days.
I got 6 pay checks (1 per month) on "A" 's name.
Now, "A" is Merged with another Company "B" and they are doing Business in "B" 's name.
From the Month of Jan 2008 Onwards i am getting Paychecks on "B" 's name eventhough
my H1B is still on "A" 's name.
Here are my Questions
1. Does "B" needs to file an Amended I-140 or is it safe to use AC21 since I-140 is Approved 1 year ago
and I-485 is Pending for more then 6 months. Any Issues with merger in future if i dont file
Amended I-140
2. Since i am getting Paychecks on "B" 's name eventhough my H1 is on "A" 's name, will this Situation
Cause any Issues if i transfer my H1 to another new company "C". What additional docs do i need for
this kind of transfer.
3. "B" has different Federal ID then "A", and "B" is ready to file a new Labor in EB2 Category for me.
I will qualify for EB2 only if i use Experience From "A".
Can i use experience gained at "A" or NOT.
I want to transfer my EB3 PD to EB2, is this doable.
4. Can i join another employer "C", file another Labor in EB2 and transfer my EB3 PD to EB2.
What is the best way to do this, should we request the PD transfer while filing the new
EB2 I-40 or should we request it after the new I-40 Approval.
5. I am on my 7th Year H1B, I-140 Approved, if i transfer my H1B to another company "C" using the
I-140 approval will i get 3 year H1B extension or 1 year, since my I-485 is Pending.
Hi Rajiv:
I came to USA on F1 visa and I had it convereted into H1b in Oct 2007. Due to unavilability of the project, I decided to leave the USA and went back
to India in Nov 2007. I just got my passport stamped in Jan 2008 with H1b visa. My questions are following:
1). How many days can I stay out of the country without ruining my chances of returning back into USA? I mean, Can i enter after, say 2 years later ( my visa will be still be valid then and also employer is willing to cooperate)
2). Can I change the employer while in INdia and enter the US?
3). Do i technically have to be paid for the time spent out of the country? I am not getting paid right now. I got paid for a month that I spend in USA on H1b. WIll that be a problem?
4). WHile I am out of the country, can my employer apply for my greencard? I intend to join once I receive my GC.
Let me know please.
I came to USA on F1 visa and I had it convereted into H1b in Oct 2007. Due to unavilability of the project, I decided to leave the USA and went back
to India in Nov 2007. I just got my passport stamped in Jan 2008 with H1b visa. My questions are following:
1). How many days can I stay out of the country without ruining my chances of returning back into USA? I mean, Can i enter after, say 2 years later ( my visa will be still be valid then and also employer is willing to cooperate)
2). Can I change the employer while in INdia and enter the US?
3). Do i technically have to be paid for the time spent out of the country? I am not getting paid right now. I got paid for a month that I spend in USA on H1b. WIll that be a problem?
4). WHile I am out of the country, can my employer apply for my greencard? I intend to join once I receive my GC.
Let me know please.
Hi Rajiv,
Im sure you have answered this, but I think it is a little different situation, as Im hearing rumors of extention of OPT period and others, so I'll ask you again. Quickly to the point...
Im a Masters student, graduating in Aug 2008. As the OPT is of 1 year, I will be able to work till Aug 2009 on OPT. Considering that the company will apply for my H1-B in April 2009 and I will get my H1-B in Oct 2009. I have a grace period of 60 days to stay in the US ( from Aug 2009 to Oct 2009), Am I right?. But then I think I am not allowed to work during this period. I was asking my seniors and all, they have given me some suggestions, which I am listing below for your reference. Please help me decide as to what should I do:
1. Some said that you can work for the company for free for 2 months (tell them not to pay you), so legally you are not working. But I did not like this suggestion, doesnt it have any repercussions?.
2. Finish your grace period before, and start your OPT from Oct 2008, so that you can work continuously starting Oct 2008. Do nothing during the 2 months grace period.
What are the other things I can do?.Is there any way I can work continuosly?...What should I do?....Plz Suggest.
Thank you very much.
Im sure you have answered this, but I think it is a little different situation, as Im hearing rumors of extention of OPT period and others, so I'll ask you again. Quickly to the point...
Im a Masters student, graduating in Aug 2008. As the OPT is of 1 year, I will be able to work till Aug 2009 on OPT. Considering that the company will apply for my H1-B in April 2009 and I will get my H1-B in Oct 2009. I have a grace period of 60 days to stay in the US ( from Aug 2009 to Oct 2009), Am I right?. But then I think I am not allowed to work during this period. I was asking my seniors and all, they have given me some suggestions, which I am listing below for your reference. Please help me decide as to what should I do:
1. Some said that you can work for the company for free for 2 months (tell them not to pay you), so legally you are not working. But I did not like this suggestion, doesnt it have any repercussions?.
2. Finish your grace period before, and start your OPT from Oct 2008, so that you can work continuously starting Oct 2008. Do nothing during the 2 months grace period.
What are the other things I can do?.Is there any way I can work continuosly?...What should I do?....Plz Suggest.
Thank you very much.
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Hello Sir,
I am on J-1 Industrial Trainee Visa, where the maximum duration of training is only for 18 months. My DS form is valid for 16 months and I have also got the 212(e) waiver. Now, while staying in US, can I extend the training for another 2 months? Furthermore, if I would extend the training by two months, the new DS form would come again with 2 year home country residency requirement (because of skill list) or my J-1 waiver covers the entire period of 18 months?
Thank You.
I am on J-1 Industrial Trainee Visa, where the maximum duration of training is only for 18 months. My DS form is valid for 16 months and I have also got the 212(e) waiver. Now, while staying in US, can I extend the training for another 2 months? Furthermore, if I would extend the training by two months, the new DS form would come again with 2 year home country residency requirement (because of skill list) or my J-1 waiver covers the entire period of 18 months?
Thank You.
Hi Rajiv:
1) I am currently on my 1st year of H1B and work as a Mechanical Engineer. I recently noticed that on my LCA, my company had applied under Occupational code 039 which is for "Other Computer-Related Occupations" and not Mech Engineeering (code 007). However, they did provide on the application a detailed description of my current job which is that of a mechanical engineer. I don't know if they made a mistake on the code or is this normal? Even though I did get the H1B without any problems, do you think this could cause an issue when I go to get my visa stamped?
2) My wife is on her 4th year H1B and she just got an offer to work with another company. They are going to be filing for her new H1B sometime next month. Does she have to wait till the new H1B is granted or she can join the new company after she gets the receipt. What if she quits her current job after getting the receipt but later they reject the new H1b? Do you think it is just safer to first wait till the new I-797A is received? Is there any way for the existing employer to know that a new H1B has been filed for another company?
3) I have a bachelors degree and have 2 years of work ex (1 year on OPT & 1 year on the H1B). Do I need to get more work ex before applying for the GC via EB3? I was told that if one just has a bachelors degree, it is better to gain some experience as well before applying for the GC as the application may get rejected by DOL. My Bachelor's degree is from the US.
Thanks for your time and all the help.
1) I am currently on my 1st year of H1B and work as a Mechanical Engineer. I recently noticed that on my LCA, my company had applied under Occupational code 039 which is for "Other Computer-Related Occupations" and not Mech Engineeering (code 007). However, they did provide on the application a detailed description of my current job which is that of a mechanical engineer. I don't know if they made a mistake on the code or is this normal? Even though I did get the H1B without any problems, do you think this could cause an issue when I go to get my visa stamped?
2) My wife is on her 4th year H1B and she just got an offer to work with another company. They are going to be filing for her new H1B sometime next month. Does she have to wait till the new H1B is granted or she can join the new company after she gets the receipt. What if she quits her current job after getting the receipt but later they reject the new H1b? Do you think it is just safer to first wait till the new I-797A is received? Is there any way for the existing employer to know that a new H1B has been filed for another company?
3) I have a bachelors degree and have 2 years of work ex (1 year on OPT & 1 year on the H1B). Do I need to get more work ex before applying for the GC via EB3? I was told that if one just has a bachelors degree, it is better to gain some experience as well before applying for the GC as the application may get rejected by DOL. My Bachelor's degree is from the US.
Thanks for your time and all the help.
onehappyman
New Member
Hello Rajiv,
I am in US on a business trip with visa until April 2008 and planning to change it to H1, I will be applying for a H1 in this Quota in April.
My question is "Once I apply for the H1b on April 1 assuming that I got picked up in the lottery and got the receipt notice and the approval and I know the H1b is valid from Oct, If I stay here in US from May to Oct am I in legal status from May to Oct?"
Thanks much.
I am in US on a business trip with visa until April 2008 and planning to change it to H1, I will be applying for a H1 in this Quota in April.
My question is "Once I apply for the H1b on April 1 assuming that I got picked up in the lottery and got the receipt notice and the approval and I know the H1b is valid from Oct, If I stay here in US from May to Oct am I in legal status from May to Oct?"
Thanks much.
Being on H1 or EAD as Derivative of Spouse
I am working on H1b visa and I got EAD as a derivative of my husband’s I-485 applications. After 2 months I am planning to use my EAD and take break for 3 plus months.
PLEASE answer the questions individually so that it can help lot of people like me.
>>> After the break and once I get a new job, Can I go back on to NEW H1b with a NEW employer(after using EAD for few months)?
>>> Can I switch between EAD and H1b only with in 6 years of H1b or any time?
>>> When switching from EAD to H1b do I need to have approved H1b before start working or just receipt number is fine?
>>> When switching from H1b to EAD do I need to inform USCIS?
>>> Can I switch to EAD without an employer and a job? If yes, what do I need to inform USCIS?
>>> Time spent on EAD will not be counted against H1b clock right and Is there any situation that counted against H1b quota while changing
from EAD(( was on H1) to H1.
So for I-485/AOS Derivatives to switch between EAD and H1 all they need is valid H1 Status ( With in 6 years of h1b or Labor applied 365 days before 6 years period or an approved I-140) or a Valid EAD right ?
Thanks in Adavance.
I am working on H1b visa and I got EAD as a derivative of my husband’s I-485 applications. After 2 months I am planning to use my EAD and take break for 3 plus months.
PLEASE answer the questions individually so that it can help lot of people like me.
>>> After the break and once I get a new job, Can I go back on to NEW H1b with a NEW employer(after using EAD for few months)?
>>> Can I switch between EAD and H1b only with in 6 years of H1b or any time?
>>> When switching from EAD to H1b do I need to have approved H1b before start working or just receipt number is fine?
>>> When switching from H1b to EAD do I need to inform USCIS?
>>> Can I switch to EAD without an employer and a job? If yes, what do I need to inform USCIS?
>>> Time spent on EAD will not be counted against H1b clock right and Is there any situation that counted against H1b quota while changing
from EAD(( was on H1) to H1.
So for I-485/AOS Derivatives to switch between EAD and H1 all they need is valid H1 Status ( With in 6 years of h1b or Labor applied 365 days before 6 years period or an approved I-140) or a Valid EAD right ?
Thanks in Adavance.
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I am a PR in the process of applying for citizenship, my priority date is 3/15/2007 in the Philadelphia office. I still haven't got my interview notice yet. My wife is currently working with her H1-B visa; but her contract ends on 3/31/2008. (The expiration date of her I-94 is 9/31/2008) We were hoping to apply for her PR once I get my citizenship, but with no clear end in sight, we are in a tough spot right now.
Once her current job ends, she will be out of her H1 status. From the forum, it seems like she will have couple more month to find a new job and apply for a new H1. If that doesn't happen, what will be our options? Should she go back to our home country and wait till I get my citizenship and then wait for the whole PR process? Or can she legally stay in the U.S. until I get my citizenship and apply for her PR? Will there be any consequences if she is out of status for a period time after her H1 status end and before we started the PR application? If she is out of status when we apply for her PR, can we still apply for EAD and advance parole etc?
Once her current job ends, she will be out of her H1 status. From the forum, it seems like she will have couple more month to find a new job and apply for a new H1. If that doesn't happen, what will be our options? Should she go back to our home country and wait till I get my citizenship and then wait for the whole PR process? Or can she legally stay in the U.S. until I get my citizenship and apply for her PR? Will there be any consequences if she is out of status for a period time after her H1 status end and before we started the PR application? If she is out of status when we apply for her PR, can we still apply for EAD and advance parole etc?
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Perm Eb2
Hi Rajeev,
Thank you for answering my question from last conference.
Is it true that around 50% of PERM EB2 cases are being audited by DOL (regardless of case characteristics)? Is this something that you've been encountering recently with your clients? A lot of lawyers have been complaining about this saying that DOL is giving this category extra scrutiny.
If that is the case, will this unnecessarily delay some applications?
Thank you.
Hi Rajeev,
Thank you for answering my question from last conference.
Is it true that around 50% of PERM EB2 cases are being audited by DOL (regardless of case characteristics)? Is this something that you've been encountering recently with your clients? A lot of lawyers have been complaining about this saying that DOL is giving this category extra scrutiny.
If that is the case, will this unnecessarily delay some applications?
Thank you.
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H1-B/L1 question
Rajiv, Thanks for taking my question. Last year I graduated with a PhD and started working in June with a global firm on my OPT (valid till June 2008). My employers are considering processing my H1b through this year’s quota and we both understand that for the period of July to Oct 2008 I cannot be on the
payroll or work legally but would resume in Oct *if* the H1 comes through.
1. My employers are considering sending me to a branch office abroad for a year and then back into the US on an L1 visa.
* If an H1 visa is applied for while I'm on an L1 would I still fall under the advanced degree category?
* Is an L1 visa transferable if I decide to change jobs? If I do come back on an L1 would I essentially be tied down to work with this company?
* Is coming back to the US easier for L1 managerial employees?How hard or easy is it for non-managerial staff compared to managerial staff from an L1 visa processing perspective?
* To your knowledge, does it matter which country outside the US one transfers into the US from L1 processing perspective? Like, would the L1 processing be positively or negatively affected if I am in the Singapore office rather than the London office?
* Is there any way I can return to the US earlier than one year?
2. Are there any other alternative visa types that I could talk to my employers about considering that can make my return to the US any easier(other than a green card which they will not process until after a year of employment)?
3. Do you have any thoughts this year as to how soon the 20,000 advanced degree H1-B quota would fill up and the expected application turn-ins?
Thanks very much!
Devi
Rajiv, Thanks for taking my question. Last year I graduated with a PhD and started working in June with a global firm on my OPT (valid till June 2008). My employers are considering processing my H1b through this year’s quota and we both understand that for the period of July to Oct 2008 I cannot be on the
payroll or work legally but would resume in Oct *if* the H1 comes through.
1. My employers are considering sending me to a branch office abroad for a year and then back into the US on an L1 visa.
* If an H1 visa is applied for while I'm on an L1 would I still fall under the advanced degree category?
* Is an L1 visa transferable if I decide to change jobs? If I do come back on an L1 would I essentially be tied down to work with this company?
* Is coming back to the US easier for L1 managerial employees?How hard or easy is it for non-managerial staff compared to managerial staff from an L1 visa processing perspective?
* To your knowledge, does it matter which country outside the US one transfers into the US from L1 processing perspective? Like, would the L1 processing be positively or negatively affected if I am in the Singapore office rather than the London office?
* Is there any way I can return to the US earlier than one year?
2. Are there any other alternative visa types that I could talk to my employers about considering that can make my return to the US any easier(other than a green card which they will not process until after a year of employment)?
3. Do you have any thoughts this year as to how soon the 20,000 advanced degree H1-B quota would fill up and the expected application turn-ins?
Thanks very much!
Devi
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