Ann Ruben
02-04 09:16 PM
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
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coopheal
12-04 05:15 PM
I cannot make it to the rally but will contribute 100$ towards the efforts.
Thanks
Thanks
desi3933
06-25 02:18 PM
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
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bach007
11-27 01:41 AM
hey dude I hv an appointment on 10 dec as well in Mumbai! Its 10 am. However I wont be able to share acco with you as I will be coming from somewhere else.
Anyway, just finished sorting up all the docs. Good luck to you too. :)
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
Anyway, just finished sorting up all the docs. Good luck to you too. :)
Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.
This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..
I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:
I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.
Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
I am looking at ~ Rs 2,000 for 7 hours..
Any help is appreciated..:)
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sparky123
07-18 02:12 PM
We're running out of time. Any timely suggestions would be much appreciated.
Please help to expedite Atlanta center.
We just want to get ours filed too and join the rest of the gang in celebration :p
Please help to expedite Atlanta center.
We just want to get ours filed too and join the rest of the gang in celebration :p
drirshad
08-08 11:16 AM
how much is 40 credits ...........
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gcwait2007
04-25 11:31 AM
hello folks,
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
I have not yet used AC21 to port my job and I am still with my GC sponsoring employer. However I can share my knowledge gained thru various threads in IV and other forums.
If the current GC sponsoring employer decide to revoke the approved I-140, then he/ his lawyer should notify you their intention as well. When they send the letter to USCIS, a copy of the same will be sent to you. There are chances that you may not receive this letter.
If I were you, I would do the following:
Step 1: I would notify the change in address to USCIS. (AR-11 form electronically) and watch out for LUDs.
Step 2: After settling down in new job atleast for few days (one month minimum), I would notify the USCIS about my using AC21 portability for changing the job. There are appropriate formats for notifying USCIS, which you can find in this forum. In case, NOID is issued in future, then the early advice of AC21 would come in handy. I have heard the successful stories where the individuals had sent AC21 intimation earlier.
All the best in your new job! Good Luck
I am switching jobs after an approved I140 and over 180 days from 485 receipt.
I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
- is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?
one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?
I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.
Thank you
Rex
I have not yet used AC21 to port my job and I am still with my GC sponsoring employer. However I can share my knowledge gained thru various threads in IV and other forums.
If the current GC sponsoring employer decide to revoke the approved I-140, then he/ his lawyer should notify you their intention as well. When they send the letter to USCIS, a copy of the same will be sent to you. There are chances that you may not receive this letter.
If I were you, I would do the following:
Step 1: I would notify the change in address to USCIS. (AR-11 form electronically) and watch out for LUDs.
Step 2: After settling down in new job atleast for few days (one month minimum), I would notify the USCIS about my using AC21 portability for changing the job. There are appropriate formats for notifying USCIS, which you can find in this forum. In case, NOID is issued in future, then the early advice of AC21 would come in handy. I have heard the successful stories where the individuals had sent AC21 intimation earlier.
All the best in your new job! Good Luck
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ravi
09-13 10:55 PM
I am eligible for emeregency appointment as I am coming to India to
attend visa interview as I got new i-20 for MBA program starting january
2007. Please I request you to provide me information on how to shcedule
intervie before dec10, 2006, so that accordingly I will buy the
flight tickets.
My international advisor in school will also provide me recommendation
if needed for emergency appointment, showing my need.
attend visa interview as I got new i-20 for MBA program starting january
2007. Please I request you to provide me information on how to shcedule
intervie before dec10, 2006, so that accordingly I will buy the
flight tickets.
My international advisor in school will also provide me recommendation
if needed for emergency appointment, showing my need.
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mariusp
02-22 09:28 PM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
TSC
485: went from May 24 to April 10, 2007 :(
140: June 23, 2007
NSC
485: July 30, 3007
140: Jan 22, 2007
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
TSC
485: went from May 24 to April 10, 2007 :(
140: June 23, 2007
NSC
485: July 30, 3007
140: Jan 22, 2007
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fuzzy logic
07-01 12:25 PM
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?
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GCwaitforever
03-17 12:53 PM
First we need to make sure all BEC cases from 2001-2003 are processed. Then only we can speculate on EB2 India 2004. When USCIS publishes end-of-year stats for 2007, we will know more about the situation.
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
----------------------
PD: May 2002 EB2 India
I-485 applied May 2007
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Bpositive
01-03 01:23 PM
I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..
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Vysh
11-21 09:55 AM
Sent an email
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sanju_dba
02-01 09:22 AM
Congrats!
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Lasantha
02-26 10:38 AM
If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.
I really did not get that one. Is it possible to explain that please?
I really did not get that one. Is it possible to explain that please?
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prinive
02-16 01:14 PM
:rolleyes: Bump
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amsgc
04-12 12:49 PM
As someone mentioned - Do not Lie.
Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.
Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.
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vallabhu
11-13 04:21 PM
I receive a confirmation for Address change after submitting online form and which I received some where around that time.
My EAD and Advance Payrole are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.
My EAD and Advance Payrole are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.
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saimrathi
07-17 02:58 PM
This is from Logiclife.. all hope isnt lost yet
The latest update we received is the the annoucement to be made soon will be as follows:
1. DHS will withdraw it decision and act according to original bulletin released in July which had EB dates current for everyone except EB-other worker category.
2. The July bulletin (original one released on June 12th) will remain effective for 30 days more and will be effective all the way thru August 17th.
This is good news. It will be announced soon. We got this information from very reliable source. You have 30 more days to file your I-485.
Thank you for your patience.
The latest update we received is the the annoucement to be made soon will be as follows:
1. DHS will withdraw it decision and act according to original bulletin released in July which had EB dates current for everyone except EB-other worker category.
2. The July bulletin (original one released on June 12th) will remain effective for 30 days more and will be effective all the way thru August 17th.
This is good news. It will be announced soon. We got this information from very reliable source. You have 30 more days to file your I-485.
Thank you for your patience.
sanjay02
12-12 12:49 PM
I have a dumb question, do they finger print you( similar to non-immigrant category) when you enter using AP?
optimystic
03-19 05:55 PM
May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.
That would be quite surprising (but not unusual with USCIS :confused: ).
If the case has RD in last week of June then theoretically it had some windows where its PD would have been current
June last week - July 2 and
July 17 - Aug 17th.
But looks like the approval happened in Nov/Dec 07...nowhere near the possible PD current time frames I mentioned above. And also during Nov/Dec 07, EB3- India was 'U' ...so how did the case get adjudicated, and Visa number assigned during that time frame ??? !! One could not even argue that the case got adjudicated and visa assigned during July/Aug timeframes but got stuck for a while before the approval was mailed....'cos its about 3-4 months difference to the time the actual approval was mailed!
Should people who get such unusual approvals be worried that USCIS may realise their mistake later and retract the asssigned Visa numbers and put the case back into adjustment of status mode?? I hope not for the sake of sanity of those people who got the approval !
More the reason for me to get the Infopass in April and hopefully force them to open up my case and look if it can be adjudicated.. :( . I wonder what my company's immigration attorneys would say. They usually do not recommend the applicants directly contacting USCIS.
That would be quite surprising (but not unusual with USCIS :confused: ).
If the case has RD in last week of June then theoretically it had some windows where its PD would have been current
June last week - July 2 and
July 17 - Aug 17th.
But looks like the approval happened in Nov/Dec 07...nowhere near the possible PD current time frames I mentioned above. And also during Nov/Dec 07, EB3- India was 'U' ...so how did the case get adjudicated, and Visa number assigned during that time frame ??? !! One could not even argue that the case got adjudicated and visa assigned during July/Aug timeframes but got stuck for a while before the approval was mailed....'cos its about 3-4 months difference to the time the actual approval was mailed!
Should people who get such unusual approvals be worried that USCIS may realise their mistake later and retract the asssigned Visa numbers and put the case back into adjustment of status mode?? I hope not for the sake of sanity of those people who got the approval !
More the reason for me to get the Infopass in April and hopefully force them to open up my case and look if it can be adjudicated.. :( . I wonder what my company's immigration attorneys would say. They usually do not recommend the applicants directly contacting USCIS.
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