fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
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HRPRO
01-24 03:59 PM
If the LCA was filed on 1/18, it should be approved by 1/25 (Now-a-days it takes a week). Have your attorneys expedite the process once they get it and file it before your last day. You should be good.
If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)
If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)
milind70
10-02 02:54 PM
Sandeep ,
My wife applied Sept 2nd , she got it very quickly I would say less than week. I applied Sept 17th ,called them Sept 29th ,they said u should get it by this week end. Let me know whats the result of your visit. Looks like i may have to visit them if i dont get it till this weekend. PM me your result of your visit.
Thanks
My wife applied Sept 2nd , she got it very quickly I would say less than week. I applied Sept 17th ,called them Sept 29th ,they said u should get it by this week end. Let me know whats the result of your visit. Looks like i may have to visit them if i dont get it till this weekend. PM me your result of your visit.
Thanks
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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...
CrewNYC
09-25 01:51 PM
Didus really helped me out, thanks!
Andrew
Andrew
RadioactveChimp
04-18 11:37 PM
nice! Very creative
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shreekhand
02-22 09:33 AM
:) Only if your GC is based on marriage to a US Citizen. Otherwise all Family Based GC's also need 5 years.
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eucalyptus.mp
02-16 03:12 PM
H1 Transfer and Extention
Posted Today at 04:06 PM by eucalyptus.mp
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer . Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
Posted Today at 04:06 PM by eucalyptus.mp
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer . Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
more...
Roger Binny
10-02 10:17 PM
bump
Can anyone please comment ?
Yes, yours is back into under normal process.
By the ways, using which URL did you track the progress ?
Can anyone please comment ?
Yes, yours is back into under normal process.
By the ways, using which URL did you track the progress ?
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Anders �stberg
February 14th, 2004, 08:39 AM
These swans swam past each other and I had just a split second to get the shot. I got too greedy and zoomed in too far... so it's just yet another "could-have-been-good"... :mad:
http://www.interimlocation.com/fretnomore/photo/10d/pictures/largebirds/swans_2389.jpg
http://www.interimlocation.com/fretnomore/photo/10d/pictures/largebirds/swans_2389.jpg
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HRPRO
01-24 02:37 PM
When was the LCA filed?
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kirupa
04-08 02:06 AM
haha - that is really good ;) Adding it up in a few seconds!
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devang77
04-07 03:25 PM
I'd be interested, are you planning to do local or DC offices?
I have met with staffers from offices of both MD senators a few times (in their DC offices) and I have been to the DC office of my local Congress woman.
Let me know when you are planning to go.
-D
I have met with staffers from offices of both MD senators a few times (in their DC offices) and I have been to the DC office of my local Congress woman.
Let me know when you are planning to go.
-D
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Sushana
01-15 11:52 AM
transfer of H1 will work. Enjoy
-M
mrdelhiite, Thanks a lot for the information. I really appreciate it.
Sushana
-M
mrdelhiite, Thanks a lot for the information. I really appreciate it.
Sushana
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viveksri
06-19 11:59 AM
Finally USCIS has corrected the processing date typo. The dates are not back to original track.
I guess its good news from the EAD point of view.
VS
I guess its good news from the EAD point of view.
VS
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girish989
07-02 04:35 PM
Hello All,
I would really appriciate if you can tell the names of the colleges that you guys are going to ....
Thanks,
Girish S.
I would really appriciate if you can tell the names of the colleges that you guys are going to ....
Thanks,
Girish S.
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kirupa
07-19 04:35 PM
Hi jkid,
Unfortunately, this is an area that I am not very familiar with. Posting on MSDN or stackoverlow.com may be a good idea since the forums in this category are more on the UI/design side of .NET develoment.
Cheers!
Kirupa :)
Unfortunately, this is an area that I am not very familiar with. Posting on MSDN or stackoverlow.com may be a good idea since the forums in this category are more on the UI/design side of .NET develoment.
Cheers!
Kirupa :)
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techbuyer77
07-17 06:28 PM
I called an IO today at Texas.
Last week they told me that due to glitch they never printed my fp notice.
The IO I talked to then, said that she was going to generate one and mailed to me.
I talked to another lady today and she said that notice was mailed last Thursday! She told me my appointment is on July 26 at 9:00 am but I dont have the NOA yet.... I dont know what to do I dont want to miss my appointment
The lady said she will sent another one today..... I hope I get it, please let me know if you guys have any advice
Last week they told me that due to glitch they never printed my fp notice.
The IO I talked to then, said that she was going to generate one and mailed to me.
I talked to another lady today and she said that notice was mailed last Thursday! She told me my appointment is on July 26 at 9:00 am but I dont have the NOA yet.... I dont know what to do I dont want to miss my appointment
The lady said she will sent another one today..... I hope I get it, please let me know if you guys have any advice
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martinvisalaw
06-18 01:05 PM
If the non-profit that she plans on working for is (a) affiliated with an institute of higher education; or (b) a research organization;
then she should not be subject to the cap. Otherwise, the non-profit probably is subject to the H-1B cap, so she couldn't start until October 1.
then she should not be subject to the cap. Otherwise, the non-profit probably is subject to the H-1B cap, so she couldn't start until October 1.
kirupa
05-02 05:05 PM
HAHA - very clever :)
up_guy
04-09 11:52 AM
Adding one more question
Can employee pay 140 premium processing fees ?
This is my understanding PERM has no fees to department of labour. Is that right ?
Can employee may attorney fees for PERM ?
Can employee pay I-140 fees for USCIS ?
Can employee pay I-140 fees to attorney ?
I assume that employee can surely pay for USCIS-485 fees and attorney fees for this. ?
Can employee pay 140 premium processing fees ?
This is my understanding PERM has no fees to department of labour. Is that right ?
Can employee may attorney fees for PERM ?
Can employee pay I-140 fees for USCIS ?
Can employee pay I-140 fees to attorney ?
I assume that employee can surely pay for USCIS-485 fees and attorney fees for this. ?
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