bp333
07-11 10:57 AM
Folks,
Pretty soon I'll have to relocate to another city (same job). Wondering if I should continue using my H1B (valid till 2010) or should I use AC-21 to relocate ?
My attorney insists that I use AC-21, and she states that if something goes south during my Adjustment of Status I can re-file for my H1 and she did state the refiling H1 will be exempt from Annual Numerical Limits as I have been on Non-Immigrant visa in the past 6 year and haven't stayed outside the country for over an year.
Is this something I can rely on? Also, what happens to pending AOS(485) if I use this option to refile my H1 from EAD status?
FORM I-129
Part C. Numerical Limitation Exemption Information.
"Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status?"
Pretty soon I'll have to relocate to another city (same job). Wondering if I should continue using my H1B (valid till 2010) or should I use AC-21 to relocate ?
My attorney insists that I use AC-21, and she states that if something goes south during my Adjustment of Status I can re-file for my H1 and she did state the refiling H1 will be exempt from Annual Numerical Limits as I have been on Non-Immigrant visa in the past 6 year and haven't stayed outside the country for over an year.
Is this something I can rely on? Also, what happens to pending AOS(485) if I use this option to refile my H1 from EAD status?
FORM I-129
Part C. Numerical Limitation Exemption Information.
"Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status?"
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logiclife
03-07 11:34 AM
Please dont create new threads, use the "Important CIR updates" thread to ask questions and discuss CIR.
gc28262
04-16 11:35 AM
Yes, you have to file a change of address form.
Also make sure your employer files an LCA for the new location.
Change of Address Regulation (http://www.law.cornell.edu/uscode/8/1305.html)
Online change of address link (https://egov.uscis.gov/crisgwi/go?action=coa)
Also make sure your employer files an LCA for the new location.
Change of Address Regulation (http://www.law.cornell.edu/uscode/8/1305.html)
Online change of address link (https://egov.uscis.gov/crisgwi/go?action=coa)
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cgeek4u
07-17 09:33 PM
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/17/AR2007071701582.html
Let us send thank you note to the reporter.
Government Does U-Turn on Green Cards
By SUZANNE GAMBOA
The Associated Press
Tuesday, July 17, 2007; 7:26 PM
WASHINGTON -- The government did an about-face Tuesday and announced it is accepting applications for green cards filed by skilled immigrant workers.
Citizenship and Immigration Services, a division of the Homeland Security Department, said in a news release it will accept the applications through Aug. 17. Applications already filed, which the agency planned to reject, also will be accepted.
Let us send thank you note to the reporter.
Government Does U-Turn on Green Cards
By SUZANNE GAMBOA
The Associated Press
Tuesday, July 17, 2007; 7:26 PM
WASHINGTON -- The government did an about-face Tuesday and announced it is accepting applications for green cards filed by skilled immigrant workers.
Citizenship and Immigration Services, a division of the Homeland Security Department, said in a news release it will accept the applications through Aug. 17. Applications already filed, which the agency planned to reject, also will be accepted.
more...
Ann Ruben
08-17 07:19 PM
If your question is whether you will be considered to continue in valid H-1 status after returning to the US using your AP, then the answer is yes.
vinabath
08-30 11:53 AM
My status has been changed from H4 to H1 in June and I am currently in the USA. I am planning to attend Visa Interview in Chennai. Will it be a visa renewal??
more...
fatjoe
10-22 10:52 AM
41 views and not even a single response...
Come on.. please tell me , at least tell me what you think..., if it ok, or it might create some problems
Come on.. please tell me , at least tell me what you think..., if it ok, or it might create some problems
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GCAmigo
01-05 02:43 PM
This link has already been posted in another thread
more...
Blog Feeds
06-04 01:30 AM
If you're going to fudge the truth, you would think she would pick something tough to refute. From the Arizona Republic: Gov. Jan Brewer said in a recent interview that her father died fighting Nazi Germany. In fact, the death of Wilford Drinkwine came 10 years after World War II had ended. During the war, Drinkwine worked as a civilian supervisor for a naval munitions depot in Hawthorne, Nev. He died of lung disease in 1955 in California.
More... (http://blogs.ilw.com/gregsiskind/2010/06/brewer-caught-in-lie-over-her-persecution-over-sb1070.html)
More... (http://blogs.ilw.com/gregsiskind/2010/06/brewer-caught-in-lie-over-her-persecution-over-sb1070.html)
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sandeep_sharma
03-28 11:22 AM
Hello -
I am currently in US on L-1B that is expiring on June 15th 2010. I am planning to travel to India and return to US around May 10th. That will be around a month from the date my visa expires. My question is will I face any problems at the port of entry upon my return? I am needed on an assignment in US until Aug 2011 and so my employer is planning to file an extension as soon as I return to US.
Appreciate your response!
Thanks.
I am currently in US on L-1B that is expiring on June 15th 2010. I am planning to travel to India and return to US around May 10th. That will be around a month from the date my visa expires. My question is will I face any problems at the port of entry upon my return? I am needed on an assignment in US until Aug 2011 and so my employer is planning to file an extension as soon as I return to US.
Appreciate your response!
Thanks.
more...
fatjoe
09-06 01:45 PM
In the same boat. Looks like July 17th & around are not cleared yet. Mine filed on July 18th
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Blog Feeds
11-30 03:21 AM
Congress may vote on the DREAM Act as early as this week. Unless the DREAM Act passes in lame duck session, it is unlikely that the new conservative Congress will pass this important piece of legislation into law during the next two years. All around the country, something incredible is happening. Student leaders across the U.S. are coming out and declaring that they are present in the U.S. without papers. This, of course, could lead to their being arrested and deported, and yet, they continue to do so in ever greater numbers. Consider David Cho, a 21-year-old senior at my...
More... (http://blogs.ilw.com/carlshusterman/2010/11/keep-the-dream-alive.html)
More... (http://blogs.ilw.com/carlshusterman/2010/11/keep-the-dream-alive.html)
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kirupa
02-03 01:21 PM
Are you using WinForms or WPF?
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Canuck
01-11 02:53 AM
Hi,
I've been in the bay area of California for the past 10 months. I'm a Canadian from Toronto. I've been following this green card mess for the past 10 months and was well aware of it even while I was living back in Canada. I would like to join the Norcal chapter of IV to contribute my thoughts towards resolving this situation.
Please let me know how I can join the Norcal chapter.
Thanks.
I've been in the bay area of California for the past 10 months. I'm a Canadian from Toronto. I've been following this green card mess for the past 10 months and was well aware of it even while I was living back in Canada. I would like to join the Norcal chapter of IV to contribute my thoughts towards resolving this situation.
Please let me know how I can join the Norcal chapter.
Thanks.
more...
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Blog Feeds
08-29 08:20 PM
On August 20, John Morton, the Assistant Secretary of the U.S. Immigration and Customs Enforcement (ICE), released a memorandum entitled "Guidance Regarding the Handling of Removal Proceedings of Aliens with Pending or Approved Application or Petitions". The memorandum applies to persons in removal proceedings who meet the following criteria: The alien must be the subject of an application or petition with USCISto include a current priority date, if required, for adjustment of status; The alien appears eligible for relief as a matter of law and in the exercise of discretion; The alien must present a completed "Application to Register Permanent...
More... (http://blogs.ilw.com/carlshusterman/2010/08/time-for-ice-memo-critics-to-chill.html)
More... (http://blogs.ilw.com/carlshusterman/2010/08/time-for-ice-memo-critics-to-chill.html)
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glus
04-30 08:19 AM
If you can't show you have had 3 years of experience at the time the labor was filed...you will most likely have hard times getting I140 approved.....the service centers are very thorough regarding work experience.
I am not an attorney.
G
I am not an attorney.
G
more...
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Macaca
05-26 12:01 PM
A Tough 5 Months, but Democrats Cite Successes (http://www.nytimes.com/2007/05/26/washington/26cong.html?_r=1&oref=slogin) By ROBIN TONER and CARL HULSE, New Yor Times, May 26, 2007
WASHINGTON, May 25 � After five months in power, Congressional Democrats headed home for their Memorial Day recess with only a few signature accomplishments on the domestic front, notably an increase in the minimum wage, and the prospect of returning to a renewed struggle with the Bush administration over the war in Iraq.
But Democratic leaders say their principal accomplishment, so far, is not reflected in the legislative scorecard: The transformation of the policy debate and the reassertion of Congressional power, especially on the Iraq war.
�We�ve moved the national debate on the war,� said Senator Richard J. Durbin of Illinois, the No. 2 Democrat in the Senate. �We were sleepwalking through this war until the Congress changed hands. And now, every month, this president faces another challenge to his policy.�
The spending legislation for Iraq that passed Thursday night, which lacked a timeline for troop withdrawal, left much of the party�s antiwar base unhappy, and carried only a third of the Democratic votes in the House. But Democratic leaders promised to ratchet up the pressure on President Bush for an exit strategy in Iraq, and they have the legislative vehicles to do so in June and July, building to what all sides expect to be a clash this fall. Top military leaders have committed to delivering a progress report on their troop buildup strategy in September.
Speaker Nancy Pelosi of California tried to send a clear message on Friday that any legislative victory Mr. Bush won this week, when Democrats acceded to his demands and removed the withdrawal timeline, would be short-lived. �We are going to bring an end to this war,� Ms. Pelosi said. �All of us have that goal.�
On the domestic front, Democrats passed the first minimum wage increase in 10 years this week; it was the first item in their campaign agenda from last year, called �Six-for-06,� to win final passage. Other items are prepared for final votes this summer, including an expansion of embryonic stem cell research and the recommendations of the Sept 11 commission on domestic security.
The Democrats made their mark in other ways � notably, using their committee and oversight powers for a broad challenge to administration policies, on issues including the treatment of wounded Iraq veterans and the dismissals of United States attorneys by the Justice Department. Senate Democrats said they had held 75 hearings related to Iraq in the last five months.
Even so, in the inevitable message wars, Republican leaders portrayed the Democrats as disorganized and ineffective, sending Republican members home this weekend with talking points that declare, �Democrats accomplish none in �07.� Representative John A. Boehner of Ohio, the Republican leader, said Friday that the Democrats� first five months were �marked by broken promises, missed opportunities and gridlock caused by strife within the majority party�s ranks.�
But senior Republican officials and some lawmakers privately admitted that Democrats won some victories in recent days, including progress on an immigration overhaul in the Senate and the strong House vote on new lobbying rules.
One of the biggest complaints of Republicans is that House Democrats, who promised to be fairer and more bipartisan in the conduct of floor debate after a decade of heavy-handed Republican rule, have not delivered. Top Democrats admit privately that there is merit to those complaints, and have begun negotiations to try to cool the partisan tensions.
Democrats themselves reflected that little came easily over the last five months, which offered a lesson in the difficulties of governing with very slim majorities, especially in the Senate. Moreover, there are real fault lines and divisions within the party, most apparent, perhaps, on how fast and how far to go in demanding an end to the war in Iraq.
�It�s been a tough slog,� said a senior House Democratic strategist close to the leadership, alluding to the difficulties in managing the spending bill for Iraq. �You�re asking people to vote for a moderate plan instead of the plan that�s closest to their hearts.�
Representative Jim McGovern, Democrat of Massachusetts and a leader in the antiwar caucus, said Thursday night: �A lot of us are frustrated that the war�s still going on. But the fact of the matter is, there�s movement, there�s significant movement, from where we were last November to where we are now.�
Many of the party�s liberal activists, though, remained angry at what they saw as a capitulation to Mr. Bush.
Other fault lines were re-emerging in the party. House Democrats are only beginning to deal with their deep divisions on trade, as a closed caucus this week underscored. Some freshmen, like Representative Betty Sutton, Democrat of Ohio, are intent on making major changes to American trade policy, much greater than the recent deal with the Bush administration on environmental and labor standards announced by the Democratic leadership.
�Our problems with the trading system and the fact that it is broken are much bigger than just having these standards on paper,� Ms. Sutton said.
Down the road, more internal clashes are likely over taxes and spending priorities. Julian Zelizer, a historian and expert on Congress at Boston University, said Ms. Pelosi�s job would, in many ways, get harder once she moved beyond the war. �In some ways, the divisions over domestic issues are just as great, on things like trade,� Mr. Zelizer said.
Both Ms. Pelosi and her Senate counterpart, Senator Harry Reid of Nevada, have had their struggles this year. Mr. Reid drew fire for, among other things, suggesting that the Iraq war was lost. But Democratic senators have expressed strong confidence in his leadership. Ms. Pelosi, the first female speaker, has been a target of repeated Republican efforts to embarrass her. But she has weathered them and has generally held fractious Democrats together.
Representative Barney Frank, Democrat of Massachusetts, said Thursday night: �To some extent, the Democratic leadership fought above its weight. They don�t really have the votes in the Senate.�
Mr. Frank argued that sending Mr. Bush the initial Iraq spending bill, with a withdrawal timeline, and forcing him to veto it would one day be viewed as a turning point after a long pattern of �Congressional ducking.�
�I think Congress has come closer to standing up this time,� he said.
WASHINGTON, May 25 � After five months in power, Congressional Democrats headed home for their Memorial Day recess with only a few signature accomplishments on the domestic front, notably an increase in the minimum wage, and the prospect of returning to a renewed struggle with the Bush administration over the war in Iraq.
But Democratic leaders say their principal accomplishment, so far, is not reflected in the legislative scorecard: The transformation of the policy debate and the reassertion of Congressional power, especially on the Iraq war.
�We�ve moved the national debate on the war,� said Senator Richard J. Durbin of Illinois, the No. 2 Democrat in the Senate. �We were sleepwalking through this war until the Congress changed hands. And now, every month, this president faces another challenge to his policy.�
The spending legislation for Iraq that passed Thursday night, which lacked a timeline for troop withdrawal, left much of the party�s antiwar base unhappy, and carried only a third of the Democratic votes in the House. But Democratic leaders promised to ratchet up the pressure on President Bush for an exit strategy in Iraq, and they have the legislative vehicles to do so in June and July, building to what all sides expect to be a clash this fall. Top military leaders have committed to delivering a progress report on their troop buildup strategy in September.
Speaker Nancy Pelosi of California tried to send a clear message on Friday that any legislative victory Mr. Bush won this week, when Democrats acceded to his demands and removed the withdrawal timeline, would be short-lived. �We are going to bring an end to this war,� Ms. Pelosi said. �All of us have that goal.�
On the domestic front, Democrats passed the first minimum wage increase in 10 years this week; it was the first item in their campaign agenda from last year, called �Six-for-06,� to win final passage. Other items are prepared for final votes this summer, including an expansion of embryonic stem cell research and the recommendations of the Sept 11 commission on domestic security.
The Democrats made their mark in other ways � notably, using their committee and oversight powers for a broad challenge to administration policies, on issues including the treatment of wounded Iraq veterans and the dismissals of United States attorneys by the Justice Department. Senate Democrats said they had held 75 hearings related to Iraq in the last five months.
Even so, in the inevitable message wars, Republican leaders portrayed the Democrats as disorganized and ineffective, sending Republican members home this weekend with talking points that declare, �Democrats accomplish none in �07.� Representative John A. Boehner of Ohio, the Republican leader, said Friday that the Democrats� first five months were �marked by broken promises, missed opportunities and gridlock caused by strife within the majority party�s ranks.�
But senior Republican officials and some lawmakers privately admitted that Democrats won some victories in recent days, including progress on an immigration overhaul in the Senate and the strong House vote on new lobbying rules.
One of the biggest complaints of Republicans is that House Democrats, who promised to be fairer and more bipartisan in the conduct of floor debate after a decade of heavy-handed Republican rule, have not delivered. Top Democrats admit privately that there is merit to those complaints, and have begun negotiations to try to cool the partisan tensions.
Democrats themselves reflected that little came easily over the last five months, which offered a lesson in the difficulties of governing with very slim majorities, especially in the Senate. Moreover, there are real fault lines and divisions within the party, most apparent, perhaps, on how fast and how far to go in demanding an end to the war in Iraq.
�It�s been a tough slog,� said a senior House Democratic strategist close to the leadership, alluding to the difficulties in managing the spending bill for Iraq. �You�re asking people to vote for a moderate plan instead of the plan that�s closest to their hearts.�
Representative Jim McGovern, Democrat of Massachusetts and a leader in the antiwar caucus, said Thursday night: �A lot of us are frustrated that the war�s still going on. But the fact of the matter is, there�s movement, there�s significant movement, from where we were last November to where we are now.�
Many of the party�s liberal activists, though, remained angry at what they saw as a capitulation to Mr. Bush.
Other fault lines were re-emerging in the party. House Democrats are only beginning to deal with their deep divisions on trade, as a closed caucus this week underscored. Some freshmen, like Representative Betty Sutton, Democrat of Ohio, are intent on making major changes to American trade policy, much greater than the recent deal with the Bush administration on environmental and labor standards announced by the Democratic leadership.
�Our problems with the trading system and the fact that it is broken are much bigger than just having these standards on paper,� Ms. Sutton said.
Down the road, more internal clashes are likely over taxes and spending priorities. Julian Zelizer, a historian and expert on Congress at Boston University, said Ms. Pelosi�s job would, in many ways, get harder once she moved beyond the war. �In some ways, the divisions over domestic issues are just as great, on things like trade,� Mr. Zelizer said.
Both Ms. Pelosi and her Senate counterpart, Senator Harry Reid of Nevada, have had their struggles this year. Mr. Reid drew fire for, among other things, suggesting that the Iraq war was lost. But Democratic senators have expressed strong confidence in his leadership. Ms. Pelosi, the first female speaker, has been a target of repeated Republican efforts to embarrass her. But she has weathered them and has generally held fractious Democrats together.
Representative Barney Frank, Democrat of Massachusetts, said Thursday night: �To some extent, the Democratic leadership fought above its weight. They don�t really have the votes in the Senate.�
Mr. Frank argued that sending Mr. Bush the initial Iraq spending bill, with a withdrawal timeline, and forcing him to veto it would one day be viewed as a turning point after a long pattern of �Congressional ducking.�
�I think Congress has come closer to standing up this time,� he said.
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mani_veeras@yahoo.com
02-25 05:05 PM
Hi,
I am curently on h1b visa on 7th year.My i-140 got approved 3years back and filed i-485 in 2007 and waiting for gc.Now if i switch my job to different employer using my EAD,Can my previous employer revoke my i-140 affecting my gc processing.Does he still have control to withdraw.Can you please help on this.Thanks.
I am curently on h1b visa on 7th year.My i-140 got approved 3years back and filed i-485 in 2007 and waiting for gc.Now if i switch my job to different employer using my EAD,Can my previous employer revoke my i-140 affecting my gc processing.Does he still have control to withdraw.Can you please help on this.Thanks.
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Ann Ruben
01-20 08:50 AM
An I-140 petition filed for you by your current employer will have no impact on the pending I-140 appeal filed by your future employer.
a_paradkar
10-31 01:47 PM
Friends
The questions is, if i have an approved I-140 from Company A and I switch over to Company B, then would i be able to file my 485 based on 140 related to Company A when my PD for Labor (company A) becomes current.
Thanks, please let me know
The questions is, if i have an approved I-140 from Company A and I switch over to Company B, then would i be able to file my 485 based on 140 related to Company A when my PD for Labor (company A) becomes current.
Thanks, please let me know
aguy
08-03 02:37 PM
Hi,
We filed a dependent I-485 for my wife while she is on a F1 status. She has a EAD card (but my I-140 is pending). My understanding is that once she finishes school, she will not be able to get an OPT. Does it mean that she can accept employment using the EAD even though the I-140 is not approved? In case my I-140 is denied, will she lose her status and would have to leave the country?
Thanks.
We filed a dependent I-485 for my wife while she is on a F1 status. She has a EAD card (but my I-140 is pending). My understanding is that once she finishes school, she will not be able to get an OPT. Does it mean that she can accept employment using the EAD even though the I-140 is not approved? In case my I-140 is denied, will she lose her status and would have to leave the country?
Thanks.
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