aristotle
03-14 02:37 PM
Guys I need your expertise and valuable answers on this:
I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.
I am assuming you are already in 7th or beyond year of H1. You can transfer again if your old I140 is not revoked OR you get a new I140 approved while you are a consultant.
I have an approved labor and approved I-140. Based on this I've got extension for 3 more years. I have a contract-hire opportunity which requires me to be a consultant for "X" months. I know I can transfer my H1 to another company. But my question is, can I transfer my h1 again to join the client after "X" months.
I am assuming you are already in 7th or beyond year of H1. You can transfer again if your old I140 is not revoked OR you get a new I140 approved while you are a consultant.
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PBECVictim
07-16 03:34 PM
When did you apply for AP renewal? Did you e-file? Don't worry about RFE on Advance Parole renewal. It could be photo or previous AP approval copy or I-485 receipt missing or incorrect fee. Wait until you get RFE. Please let us know, if it is trivial.
H1toEB2GC
10-07 10:55 PM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
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STAmisha
12-22 08:59 AM
My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?
Thanks
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Blog Feeds
06-29 03:40 PM
Canadian Immigration Minister Kenney said that Canadian citizenship is more than a legal status, more than a passport. We expect citizens to have an ongoing commitment, connection and loyalty to Canada while introducing a new changes in Canadian Immigrant norms. The main motive behind these changes to prevent citizenship fraud. As promised in the Speech from the Throne, these amendments will streamline the process to take citizenship away from those who have acquired it by fraud, including by concealment of their war crimes. And it would take decision-making away from politicians and give it to the courts.
The proposals in the Strengthening the Value of Canadian Citizenship Act are as follows:
- There are likely to be tough new regulations covering citizenship consultants and tougher measures taken against those who gain Canadian Citizenship fraudulently. This follows on from proposed amendments to the Immigration and Refugee Protection Act relating to immigration consultants � The Cracking Down on Crooked Consultants Act.
- The penalties for citizenship fraud are likely to be increased to a maximum of $100,000 or up to five years in prison or both.
- The intention is to increase the residence requirements so that to gain Canadian citizenship you will have to be physically present in Canada for three of the previous four years.
- In future criminals including violent foreign criminals will be prevented from becoming Canadian citizens.
- The process for revoking citizenship and the removal process will be speeded up. In future decisions on revocations will be made by the Federal Court instead of the Governor in Council.
- Making sure that Canadian law fully implements the first generation limit to passing on citizenship. Generally, Canadians living abroad will only be able to pass on citizenship to one generation. If living abroad the second generation will not normally be able to pass on citizenship to their children. The exception to this will be children of parents who are working for the Canadian Government or a Canadian Province or in the Canadian armed forces.
More... (http://www.visalawyerblog.com/2010/06/recent_changes_to_canadian_cit.html)
The proposals in the Strengthening the Value of Canadian Citizenship Act are as follows:
- There are likely to be tough new regulations covering citizenship consultants and tougher measures taken against those who gain Canadian Citizenship fraudulently. This follows on from proposed amendments to the Immigration and Refugee Protection Act relating to immigration consultants � The Cracking Down on Crooked Consultants Act.
- The penalties for citizenship fraud are likely to be increased to a maximum of $100,000 or up to five years in prison or both.
- The intention is to increase the residence requirements so that to gain Canadian citizenship you will have to be physically present in Canada for three of the previous four years.
- In future criminals including violent foreign criminals will be prevented from becoming Canadian citizens.
- The process for revoking citizenship and the removal process will be speeded up. In future decisions on revocations will be made by the Federal Court instead of the Governor in Council.
- Making sure that Canadian law fully implements the first generation limit to passing on citizenship. Generally, Canadians living abroad will only be able to pass on citizenship to one generation. If living abroad the second generation will not normally be able to pass on citizenship to their children. The exception to this will be children of parents who are working for the Canadian Government or a Canadian Province or in the Canadian armed forces.
More... (http://www.visalawyerblog.com/2010/06/recent_changes_to_canadian_cit.html)
vikki76
03-28 06:59 PM
Interesting comment on one of old BusinessWeek articles.It strongly highlights power an employer holds over H1-B employee.
http://www.businessweek.com/globalbiz/blog/bangaloretigers/archives/2006/11/us_software_tal.html
"'m not at all surprised that the first few comments on this post have been very skeptical of the skills shortage.
No matter how you feel about the alleged shortage, you have to acknowledge that the H1B gives the employer a remarkable amount of power over the employee's life. The employer bestows the right to live in the United States upon the employee, and often sponsers the employee's application for a green card. Changing employers is not impossible, but it is tricky and perilous.
As an American, I can quit my job and become a contractor. An H1B can't. If my girlfriend decides to move across the country for a new job, I can quit my old job and go with her. An H1B can't. If I decide I'm tired of programming, I can quit and apply to law school. An H1B can't. And, most importantly, if I think I'm talented and should earn well above market rate, I can go into my boss's office and negotiate with the knowledge that I'm free to find a better deal elsewhere. An H1B can't - unless, of course, he's willing to give up on his wait for a green card and return to his country of origin and start all over again.
While I'm not a protectionist in any way, I view the indenturedness of the H1B visa as an affront to everything America claims it believes about human and economic freedoms. No employer should ever have this kind of power over an employee.
Congress is perfectly capably of creating an employment category for foreign nationals that preserves freedom for the engineer who comes to America. They still haven't. Why? Well, the most likely explanation is that the corporations who lobby for this visa *enjoy* this power over engineers. And this, in turn, leads to work conditions that drive America's best and brightest away, into careers in law, medicine, finance, and so forth, exacerbating the very shortage that the visa was designed to address.
Unlike some of the posters here, I'm ok with the existence of skilled worker visas. But any increase should be off the table until basic human and economic freedoms are preserved for the worker. In America, you have the right to quit your job. Period. "
http://www.businessweek.com/globalbiz/blog/bangaloretigers/archives/2006/11/us_software_tal.html
"'m not at all surprised that the first few comments on this post have been very skeptical of the skills shortage.
No matter how you feel about the alleged shortage, you have to acknowledge that the H1B gives the employer a remarkable amount of power over the employee's life. The employer bestows the right to live in the United States upon the employee, and often sponsers the employee's application for a green card. Changing employers is not impossible, but it is tricky and perilous.
As an American, I can quit my job and become a contractor. An H1B can't. If my girlfriend decides to move across the country for a new job, I can quit my old job and go with her. An H1B can't. If I decide I'm tired of programming, I can quit and apply to law school. An H1B can't. And, most importantly, if I think I'm talented and should earn well above market rate, I can go into my boss's office and negotiate with the knowledge that I'm free to find a better deal elsewhere. An H1B can't - unless, of course, he's willing to give up on his wait for a green card and return to his country of origin and start all over again.
While I'm not a protectionist in any way, I view the indenturedness of the H1B visa as an affront to everything America claims it believes about human and economic freedoms. No employer should ever have this kind of power over an employee.
Congress is perfectly capably of creating an employment category for foreign nationals that preserves freedom for the engineer who comes to America. They still haven't. Why? Well, the most likely explanation is that the corporations who lobby for this visa *enjoy* this power over engineers. And this, in turn, leads to work conditions that drive America's best and brightest away, into careers in law, medicine, finance, and so forth, exacerbating the very shortage that the visa was designed to address.
Unlike some of the posters here, I'm ok with the existence of skilled worker visas. But any increase should be off the table until basic human and economic freedoms are preserved for the worker. In America, you have the right to quit your job. Period. "
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thatwillbeit
06-23 04:53 AM
I am confused here, can some one shed light on this.
Say if we don't apply for AP-Advance Parole while filing with I-485 and EAD now as vaild stamped H1b is good till August 2008.In this situation while applying for AP next week would we have to pay new fee of I-485 $1010 as with new fee structure effective Aug 1st,2007 EAD & AP comes as a package along with it.
Please correct me if I have misintrepreted it.
Say if we don't apply for AP-Advance Parole while filing with I-485 and EAD now as vaild stamped H1b is good till August 2008.In this situation while applying for AP next week would we have to pay new fee of I-485 $1010 as with new fee structure effective Aug 1st,2007 EAD & AP comes as a package along with it.
Please correct me if I have misintrepreted it.
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rkdnc9
03-27 11:39 AM
Thank you pal. Is it safe for her to apply for H4 while in India? or is better she apply after coming here? She wants to apply for H4 after coming to usa.
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needhelp!
10-12 12:06 PM
don't forget to dial in after your meet & greet.
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glus
10-26 07:28 AM
I think it can be. When starting the employment based GC process, one of the question asked was ... has any family member ever applied for your immigration petition in the past. Just an educated guess... check with an attorney
This is not the purpose of this question you mentioned. This can't be done as is specifically not allowed in INA to transfer priority date from FB to EB. This is written into the INA 203(b)(1)(2)and (3). One can only transfer priority dates FB to FB and EB to EB but not otherwise.
Best Wishes
This is not the purpose of this question you mentioned. This can't be done as is specifically not allowed in INA to transfer priority date from FB to EB. This is written into the INA 203(b)(1)(2)and (3). One can only transfer priority dates FB to FB and EB to EB but not otherwise.
Best Wishes
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smohan
07-15 06:31 AM
Thanks for your answer indio0617, it is greatly helpful.
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blondhenge
04-26 12:48 PM
I am planning for Green Card application.
Who has experience about Accountant Green card application,
Eb2 or EB3?
If you use EB2 , how is your job title and education requirements and job descriptions?
Thanks a lot
Xbeartai
You will need a relatively high level position to qualify for EB-2, since there will have to be a masters requirement or 5 years of experience. To the best of my knowleddge, a Senior Accountant is at the lower end of experience levels (may just require a 4 year degree or a CPA). You will have to describe your position in more detail to get a better answer. To qualify for EB-2, you would have to be in a position more like an accounting manager (in a CPA firm), or a CFO in a company.
Who has experience about Accountant Green card application,
Eb2 or EB3?
If you use EB2 , how is your job title and education requirements and job descriptions?
Thanks a lot
Xbeartai
You will need a relatively high level position to qualify for EB-2, since there will have to be a masters requirement or 5 years of experience. To the best of my knowleddge, a Senior Accountant is at the lower end of experience levels (may just require a 4 year degree or a CPA). You will have to describe your position in more detail to get a better answer. To qualify for EB-2, you would have to be in a position more like an accounting manager (in a CPA firm), or a CFO in a company.
more...
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H1B-GC
05-28 11:40 AM
Delete
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anurakt
01-15 09:19 PM
Pack bags or continue with slavery :) :)
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ras
06-30 06:28 PM
Here is a memo from one of the law firms, I found on the net.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.
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Cheran
07-02 09:47 AM
Consulting company doing it for a cost? Sorry, I did not understand. Why do we need consulting company? What costs?
Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.
The plan is to continue working for my current company. I want to use some consulting firm, to file my labor and the whole 9 yards using my current priority date. I dont want to join them. I dont think they will do it for free, if I dont plan on working for them?
Any legitimate company should be able to port the PD from an approved I-140 as long as it is allowed.
The plan is to continue working for my current company. I want to use some consulting firm, to file my labor and the whole 9 yards using my current priority date. I dont want to join them. I dont think they will do it for free, if I dont plan on working for them?
more...
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wc_user
07-19 12:27 AM
I have changed jobs using EAD after 1.5 years of filing I-485. Can I file for a new Eb-2 case with my new employer and port the priority date of my EB-3 case ? Thanks.
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sprasad
07-26 02:43 PM
Hello
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
I came to us on h4 visa . after comming here i joined a university and applied for change of status to f1 and it is approved. I am planning a trip to india. do i need to go to indian consulate for f1 visa? if i have to go wat r the chances of rejecting f1 visa? if my f1 visa gets rejected can i come back on h4 visa? is my h4 visa valid? or do i need to apply for h4 visa again? and if i apply wat r the chances of approval ? please help me i am in a tough situation. please i need ur advise. thank u :)
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gcseeker2002
01-07 10:28 AM
Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?
Good to know this !
Good to know this !
amitjoey
05-23 06:41 PM
Please also webfax to your PA Senators.
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
webm
04-02 12:57 PM
"Then can I have mulitple jobs, say I start a company, or work for others as well ?"
I guess you can on EAD...
I guess you can on EAD...
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