meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
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YesGC_NoGC
09-08 12:25 PM
Hi
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
I have one question , I am in my 6th year of H1 (Compeleting on Nov end). The renewal has been submitted by my employer yesterday for 7th,8th,9th year based on the approved I-140.
My wife had to travel yesterday for a family reason and she is scheduled to come back on Oct 1st. In General would there be any issue at port of entry when she comes back, as she would have only 2 months valid visa in her passport at that time.
Thanks
sandeep_1
07-19 02:21 PM
oh my! It is really painful to see that you have been waiting this long.. Based on your priority date, you should be current next month. Good luck.
My husband was approved in August 2008 and I am still waiting after infopass, etc, etc...
My husband was approved in August 2008 and I am still waiting after infopass, etc, etc...
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indyanguy
07-13 03:25 PM
I have the same question. Since Fedex doesn't deliver to PO Box addresses, where do I need to send the Advance Parole renewal?
Can someone please clarify?
Can someone please clarify?
more...
ABHI1
11-07 02:58 PM
Hi,
Do you think we should take our attorney along with us.
thanks
Do you think we should take our attorney along with us.
thanks
jonnalagedda
06-24 07:11 PM
I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
Are there any risks here?
Are there any risks here?
more...
skd
11-13 02:04 PM
I have same question
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webm
09-20 11:29 AM
If you have the valid H1b stamped while your 485 is pending and got RN,FP done,you should not have any issues in POE.So are you done with your FP?? Its always safe you wait for FP and finish it and then decide your travel plans.
HTH,
HTH,
more...
breddy2000
01-25 12:32 PM
Any opinions please?
Thanks
Even I did not get any 2nd FP notice till date and my first FP was r done during Sept 2007.
Every one with whom I spoke to also did not receive their FP notices yet.
Maybe if anyone has received it can pls post your response here.
Thanks
Thanks
Even I did not get any 2nd FP notice till date and my first FP was r done during Sept 2007.
Every one with whom I spoke to also did not receive their FP notices yet.
Maybe if anyone has received it can pls post your response here.
Thanks
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vss
02-22 02:50 PM
People are destroying this country by converting the illegal�s into legal�s. All these illegal�s and whoever is supporting them should be deported. If you want to live in US, follow the rules, if you want to break rules, live somewhere else.
more...
freddyCR
January 29th, 2005, 06:33 PM
J..no excuses...my cam is perfectly capable of shooting in Manual( In fact, I amost always do )...I also know better...should've metered on the brightest spot as in here:
http://www.dphoto.us/forum/showthread.php?p=24018#post24018
I was experimenting on the "texture" of the water at different speeds, so it was an oversight on my part
:mad:
Thanks for your version Gary...I realized all that (the branch, etc..) after I posted !!
Will try to correct in PS
http://www.dphoto.us/forum/showthread.php?p=24018#post24018
I was experimenting on the "texture" of the water at different speeds, so it was an oversight on my part
:mad:
Thanks for your version Gary...I realized all that (the branch, etc..) after I posted !!
Will try to correct in PS
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Blog Feeds
07-23 11:40 AM
U.S. Department of Labor has implemented a new integrated online system � known as the iCert Portal � through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
Following are the new changes which has taken place:
- The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
- The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
- One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
- The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
- In the new LCA, one is required to write NAICS code.
- There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.
More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)
more...
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Waitingnvain
07-18 04:02 PM
It does not.
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sukhyani
10-04 10:16 AM
Anybody? Any thoughts? Does it mean they are processing his case?
more...
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injrav
03-21 01:51 PM
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I donated 50$ through pay pal.
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alterego
10-15 10:39 PM
I would wait it out if I were you. Why the risk at this stage?
Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
It all depends of course on your personal circumstances, but I can't see the logic in it.
Risk/Benefit analysis is not in favour of anything but staying put if you ask me.
What if in the 8-9 months it will take to get to this stage, the EB3 date skips forward, worse yet what if they take a hard stand on conversion cases due to the number they are seeing and you get denied.
It all depends of course on your personal circumstances, but I can't see the logic in it.
more...
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giddi_raja@yahoo.com
10-08 10:37 PM
Sorry..I have incorrectly named the thread..it suppose to read this way- "Changed Employer (but not informed USCIS), travelling on AP" .
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ajaykk
02-20 11:46 PM
Hi Gurus,
I and my wife work for same desi employer A, I am on H1 and wife on EAD, Now I have 2 offers, one with a different client on corp to corp (short term project) , another with a company B on W2 as contract (long term contract to hire and good pay).
I am more interested in accepting B's offer, but not sure on challenges with W2 as contract..is it a risk? What all do I need to be safe?
I am pretty confident that my employer A might not revoke my approved 140 as my wife is working there too.
I am totally confused and feel like on a X road with a close PD that might be current in few months.
Guru's , please advice.
AJ
I and my wife work for same desi employer A, I am on H1 and wife on EAD, Now I have 2 offers, one with a different client on corp to corp (short term project) , another with a company B on W2 as contract (long term contract to hire and good pay).
I am more interested in accepting B's offer, but not sure on challenges with W2 as contract..is it a risk? What all do I need to be safe?
I am pretty confident that my employer A might not revoke my approved 140 as my wife is working there too.
I am totally confused and feel like on a X road with a close PD that might be current in few months.
Guru's , please advice.
AJ
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jim
11-12 01:29 AM
Hi,
Answer 1:
Yes,probably it will be a mistake.Tell your Employer or Attorney to the get the appointment in the local uscis office and sent them the cover letter to uscis saying that we didn't request for I-140 to be withdrawn and we still need that person and want to hire that person in the future.Remember that GC is for your future job.I think so once uscis recieved the cover letter from your employer and attorney you should be fine.Is your I-140 was in process at that time or it was approved earlier.
Answer 2:
You should not be have any problems if some other employer file your labor and GC process.It will not effect anything regarding previous labor.
Answer 1:
Yes,probably it will be a mistake.Tell your Employer or Attorney to the get the appointment in the local uscis office and sent them the cover letter to uscis saying that we didn't request for I-140 to be withdrawn and we still need that person and want to hire that person in the future.Remember that GC is for your future job.I think so once uscis recieved the cover letter from your employer and attorney you should be fine.Is your I-140 was in process at that time or it was approved earlier.
Answer 2:
You should not be have any problems if some other employer file your labor and GC process.It will not effect anything regarding previous labor.
venky321
03-23 07:19 PM
I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
lacrossegc
12-11 08:17 PM
Cool Mr engineer !!
I'm in La crosse, WI...
Already signed up for recurring and $150 one time for Omni bus
Fellow WI-IV folks, please contribute ....
I'm in La crosse, WI...
Already signed up for recurring and $150 one time for Omni bus
Fellow WI-IV folks, please contribute ....
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