ajay
01-26 11:41 AM
I am planning to move to different residence. My 485 application is currently pending.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
You can do it online by going to https://egov.uscis.gov/crisgwi/go?action=coa, from where you can select Change your address online at the bottom of the screen.
I did it and am getting all correspondences from the time I changed to my new address.
Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.
Any thoughts much appreciated.
You can do it online by going to https://egov.uscis.gov/crisgwi/go?action=coa, from where you can select Change your address online at the bottom of the screen.
I did it and am getting all correspondences from the time I changed to my new address.
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sukhyani
04-18 05:33 PM
Can we not create a poll the way we have done in the past where we can see a chart?
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raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
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omiboy
09-23 10:56 AM
Thank you for your reply.
My perm was approved on August 27th 2007. The EB3 became current upto August 17th 2007. Besides, my lawyer got late in preparing the paper work for the PERM etc. and that's why we just missed.
With regard to my situation, does this meanI have to file for my PERM and I-140 all over again?
Also, is it possible under an H-1 for an employer to cut down wages and reduce work hours?
Thank you for your time once again.
Sincerely
Omi
My perm was approved on August 27th 2007. The EB3 became current upto August 17th 2007. Besides, my lawyer got late in preparing the paper work for the PERM etc. and that's why we just missed.
With regard to my situation, does this meanI have to file for my PERM and I-140 all over again?
Also, is it possible under an H-1 for an employer to cut down wages and reduce work hours?
Thank you for your time once again.
Sincerely
Omi
more...
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sgX05
02-18 06:08 PM
I don't know what triggers these changes, I have seen my last updated date changed today as well. The letter I got from NSC also said the same thing as yours, that the case is now at TSC.
I think you have to just wait and let USCIS do its thing. Not sure calling them will help as the priority dates are not current .
I think you have to just wait and let USCIS do its thing. Not sure calling them will help as the priority dates are not current .
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Widget
05-25 06:51 PM
What about validating the visas in the US? I think it was some where in Brownback amnd.
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
Some of the salient points concerning legal immigrants in the CIR bill in its current form:
1. Bingaman amendment caps the EB green cards at 650,000 which includes derivatives like spouses.
Comments: Previously we had 290,000 for EB green cards, but we also did not have the increased number of H1Bs and the new guest worker category H2C which is around 200,000 every year and soon they will be eligible to apply for the EB green cards which essentially increases the number of people eligible to file every year. not sure when H2C workers are eligible to file for green cards. I think H2C applicants for green cards are exempt from cap till 2009 (Pls correct me if I am wrong). Can expect a significant relief from STEM applicants. Don't know about the cap for Family based applicants
2. STEM applicants exempt from cap even if they have not been working in exactly the same discipline as their STEM master�s degree.
Comments: It is VERY essential that this part of the bill be preserved in the upcoming debates for the final version since one significant relief from derivatives being exempted has been removed thanks to Sen. Bingaman. Don't know how the derivatives of STEM applicants are going to be considered.
3. No hard limit on countries. Soft cap protects visa numbers from being wasted by their downward flow.
Comments: This is definitely going in the right direction but I still feel the exemption of derivatives and STEM provided the biggest break for EB based applicants
4. File I 485 even if priority date is not current.
Comments: Provides relief where spouses can't work and can start using AC21 provisions.
Looking at the above provisions point #2 is very important to all EB categories because this is the one that provides most relief from the cap of 650,000. If anyone would like to add to these comments pls do so.... I might have analyzed certain provisions incorrectly.
And finally congratulations to all volunteers and contributors to IV for a job well done!
more...
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GotGoose?
04-10 07:44 PM
Added yet another (see top) - this is fun. :p:
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jonty_11
02-05 01:44 PM
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Is the 45 day approved labor validity Rule already in place?
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Is the 45 day approved labor validity Rule already in place?
more...
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irrational
11-05 11:50 AM
You should probably call USCIS to see what is going on ?
Reciept Notices should be sent immideatly as soon as they recieve the application. If it has been that long, I would recommend calling them and see what the hell is going on.
I did not get my reciept notices too. Luckily, I had the reciept numbers from the back of my checks. I called and found out that they were sent to the wrong address. I immideatly corrected my address online.
Reciept Notices should be sent immideatly as soon as they recieve the application. If it has been that long, I would recommend calling them and see what the hell is going on.
I did not get my reciept notices too. Luckily, I had the reciept numbers from the back of my checks. I called and found out that they were sent to the wrong address. I immideatly corrected my address online.
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HRPRO
02-10 09:31 AM
Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?
Krish,
it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.
HRPRO
Krish,
it is not all black and white, if your previous LCA covers the new work location, you should be fine, else a new LCA is required.
HRPRO
more...
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JunRN
12-17 07:37 PM
It your decision and must get a good lawyer. If I were you, I will file AC21.
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Winner
06-17 05:18 PM
I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
Welcome to IV.
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
Welcome to IV.
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kumar1
09-22 02:35 PM
just kidding man.
what do you base this on
what do you base this on
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wandmaker
11-07 03:41 PM
Address Change Online: 24x7 & Calling USCIS : Mon - Fri
Can I do it over the weekend?
Thank you.
Can I do it over the weekend?
Thank you.
more...
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adiboss007
04-16 01:29 PM
Dear Friends:
I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:
(a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?
Please advise, and that would be so appreciated. Regards.
read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :
http://murthy.com/mb_pdf/032108_P.html
-a
I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:
(a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?
Please advise, and that would be so appreciated. Regards.
read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :
http://murthy.com/mb_pdf/032108_P.html
-a
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jamsumfarray
11-17 06:34 PM
i just got a letter from teh backlog center stating that i need to send advertisement from my company?
any one has any idea about this non rir case how does it move etc any information is really needful ..
thanks
hence i cant change from non rir to rir .
any one has any idea about this non rir case how does it move etc any information is really needful ..
thanks
hence i cant change from non rir to rir .
more...
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reachag
12-27 11:00 AM
anurakt, thanks for the update.
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
There is no information or caption on our home page that clearly states that this site/group is for highly skilled immigrants. We should come up with a caption that would convey this and also convey that its for all countries. We can add this beside the immigration voice logo.
The caption should be catchy and should convey the info....some thing like "by the people and for the people".
update: there is info about highly skilled immigrants on the home page but not sure if some people would have time to read these (especially those who just come in from other websites and might think this site is one of those immigration sites)
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siddar
11-09 04:38 PM
So hypothetically:
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
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wandmaker
11-27 07:17 PM
how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
If you want to stay with the current client and eliminate the layer - It is completely depends on what kind of contract you signed with a preferred vendor or employer. There is no general how-to. If i were you, I will look for a new client with high billing rate.
If you want to stay with the current client and eliminate the layer - It is completely depends on what kind of contract you signed with a preferred vendor or employer. There is no general how-to. If i were you, I will look for a new client with high billing rate.
cdeneo
04-03 02:48 PM
Anyone who applied and got a canadian tourist visa based on AP please share their experience ... Thanks!
coolpal
02-06 11:34 AM
well... I am definitely not scared. Just wondering if anyone else is in the same situation, or has any useful advice ;)
If you were trying to be funny there, seriously, I didn't get it.
pal :)
If you were trying to be funny there, seriously, I didn't get it.
pal :)
