pmamp
12-07 11:43 AM
Hi,
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.
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gcseeker28
07-28 03:54 PM
So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs
What is the probability of cases of MTR getting approved after the relevant documents have been published?
For the client letter denial reason, did anybody furnish further documents?
Appreciate your inputs
EB3_SEP04
08-22 11:24 AM
I applied on June 12 (paper file) at TSC , Notice date June 18th , RD June 13th and received EAD cards on Aug 18th (CPO mail on Aug 15th).
Hope this info helps.
My RD is 7/2/08, still waiting for approval, not even an LUD after notice date. I see EB2 folks getting renewals within 30 days or so. Isn't this descrimination?
Hope this info helps.
My RD is 7/2/08, still waiting for approval, not even an LUD after notice date. I see EB2 folks getting renewals within 30 days or so. Isn't this descrimination?
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kurtz_wolfgang
08-15 01:05 PM
Please explain, Why did I get red? Is it for asking question? Guys, I am new.
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petersebastian
03-31 05:40 PM
Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
Lasantha
01-18 11:47 AM
You can stay out side for 3 years in a 5 year period.
Friends,
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???
I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.
Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?
Many thanks for your input on this.
Friends,
How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???
I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.
Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?
Many thanks for your input on this.
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skagitswimmer
June 19th, 2005, 09:58 AM
A bit better but still a little grey. I don't think you can get detail on the chest area for instance and keep the blacks looking black on the rest of the bird.
I do use autofocus, at least with the 1D2 it works fine. The 20D is a bit iffy, it should work but it hunts sometimes.
Here is another version, with FM shadow recovery set to 2 - and I used a mask to limit it only to the darkest areas.
By the way - when I opened the attachment it looked washed out to me too, because it opens in windows rather than in Adobe PSCS2. They use different colourspaces. - try opening the attachment in an adobe colourspace and see if it makes a difference.
Re the autofocus, it may be that the 100-400 doesn't allow AF. There is absolutely none on the setup I'm using - a 350D + the 100-400L + type II TC 1.4
I do use autofocus, at least with the 1D2 it works fine. The 20D is a bit iffy, it should work but it hunts sometimes.
Here is another version, with FM shadow recovery set to 2 - and I used a mask to limit it only to the darkest areas.
By the way - when I opened the attachment it looked washed out to me too, because it opens in windows rather than in Adobe PSCS2. They use different colourspaces. - try opening the attachment in an adobe colourspace and see if it makes a difference.
Re the autofocus, it may be that the 100-400 doesn't allow AF. There is absolutely none on the setup I'm using - a 350D + the 100-400L + type II TC 1.4
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hary536
05-20 11:28 PM
Dear Parshanthi Mam,
Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?
Thanks a lot again.
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.
Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?
Thanks a lot again.
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.
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raj3078
04-27 11:08 AM
This looks like a hoax to me. Could you quote a credible news story or a link on a enforcement site where there is any advisory?
Pappu,
This is the hoax and seems like an attempt to discredit India Law system. Please close the thread. We should not be party to such attempts. I get tons of emails like that including the one which talks about getting 10 million of lottery prize money. If I start believeing them then god save me....Please close this immediately.:mad:
Pappu,
This is the hoax and seems like an attempt to discredit India Law system. Please close the thread. We should not be party to such attempts. I get tons of emails like that including the one which talks about getting 10 million of lottery prize money. If I start believeing them then god save me....Please close this immediately.:mad:
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Lydia
06-18 11:24 AM
I understand it is law but he is denying... I did offer him money, but he says a big NO.
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fromnaija
02-02 09:40 PM
So as not to burst anyone's bubble, try it and see.
By the way weren't you supposed to include the original labor certification with the I-140 application? I am sure USCIS will not process an I-140 without the original LC or a duplicate from DOL.
By the way weren't you supposed to include the original labor certification with the I-140 application? I am sure USCIS will not process an I-140 without the original LC or a duplicate from DOL.
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skagitswimmer
November 14th, 2007, 11:15 AM
I have one of those overpriced twirly brushes sold by Arctic Butterfly but have used it exactly once. Blower bulbs work fine. If you don't have a photo store nearby you can buy exactly the same thing at a drug store - except that it is white and called an ear syringe. Make sure you follow the camera directions for sensor cleaning - you will have to lock the mirror up to be able to direct the air at the sensor.
As for formatting, I generally format the card every time I put it back into the camera rather than delete the images at the desktop. I don't believe it does anything special to prevent problems but it is a just convenient of deleting photos and folders.
I have had one card fail completely.
As for formatting, I generally format the card every time I put it back into the camera rather than delete the images at the desktop. I don't believe it does anything special to prevent problems but it is a just convenient of deleting photos and folders.
I have had one card fail completely.
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tabletpc
01-10 01:23 PM
Its a gray area....!!!!!
She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.
From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.
I would suggest you to talk to your attorney.
Good luck
She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.
From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.
I would suggest you to talk to your attorney.
Good luck
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kondur_007
09-21 10:45 AM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I agree with all of the above advises and add one more thing:
Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.
In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
Good Luck.
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raydhan
05-09 04:47 PM
can this event me scheduled to someother day, preferably a weekend ?
Also, May 15th is mine and my daughter's birthday, so I would have to be at home in the evening ?
asdqwe2k,
Actually this event is being held to celebrate your's and your daughter's birthday if you didn't know. :-)
Happy birthday to both of you in advance. Enjoy.
Also, May 15th is mine and my daughter's birthday, so I would have to be at home in the evening ?
asdqwe2k,
Actually this event is being held to celebrate your's and your daughter's birthday if you didn't know. :-)
Happy birthday to both of you in advance. Enjoy.
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JazzByTheBay
08-15 03:23 PM
Guess the TSC filers are in great shape... ! Unfortunately, no light for TSC -> CSC -> NSC transfer cases yet.
Enjoy the weekend! :)
jazz
I had these in another thread but roughly
PD May 2006
RD 8/2/2007
ND 9/27/2007
TSC. Got the CPO email on 8/7/08. Then welcome email 8/8/08, approval notice 8/12/08. Received approval notice yesterday, cards this morning. Great start to a weekend.
Good luck to all!!
Enjoy the weekend! :)
jazz
I had these in another thread but roughly
PD May 2006
RD 8/2/2007
ND 9/27/2007
TSC. Got the CPO email on 8/7/08. Then welcome email 8/8/08, approval notice 8/12/08. Received approval notice yesterday, cards this morning. Great start to a weekend.
Good luck to all!!
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chunky
07-26 03:04 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
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H1InTrouble
09-21 02:30 PM
Hi,
Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.
My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.
Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.
My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.
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anai
06-04 10:36 AM
Thank you, guys! It is not clear whether Statistics is a STEM major, but I think it is reasonable that it is, since Statistics is a branh of Math. Some universities have Statistics departments and others have Statistics as a concentration in a Math graduate program.
As a statistician, can you not live with something like "There's an 80% chance that statistics is considered part of the "M" in STEM"?
(Couldn't resist. Just trying to find something humorous in our common misery.)
As a statistician, can you not live with something like "There's an 80% chance that statistics is considered part of the "M" in STEM"?
(Couldn't resist. Just trying to find something humorous in our common misery.)
indianindian2006
10-09 08:34 PM
My RFE is with regards to Employer's ability to pay. Somehow, my employer hasn't submitted anything yet and the deadline is on Thurs Oct. 11. What will happen if we are not able to submit anything by the deadline? Will the app automatically get denied?
According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
Good luck.
According to what I have read,if the additional evidence is not sent out by the deadline then they will decide the case with the evidence that they have on hand,which is most likely not enough for them to approve the case.After they decide the case and if it goes against you then your option is motion to reopen the case or an appeal.Contact your employer and attorney to send the papers ASAP.
Good luck.
morchu
07-26 04:36 AM
Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.
In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).
As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.
There is always ways out (AC21, newGC process but same priority date etc.)
And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.
If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.
Well the above is my personal opinion. Ultimately it is your choice.
-Morchu
My question is:
My I-485 is pending for more than 180 days and I have I-140 approval as well.
I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.
If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
�Do I need to send AC 21 first before opting by the New Employer?
Thank you.
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