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mihird

03-15 10:50 AM

As such residency on h1b is extremely in recent times so I guess same is with fellowship.

You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..

Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.

Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).

In that scenerio, fellowship on a H1 might be a bit of a problem...

I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.

You will unnecessarily complicate her immigration profile...

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Camelracer

February 5th, 2008, 12:48 PM

For what it's worth Im still relatively new to digital photography and have a Canon 300D which was a hand me down from my brother so far I have found it perfectly adequate for my immediate needs.

May Contributions [Archive] - Immigration Voice

View Full Version : May Contributions

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somegchuh

05-24 03:46 PM

There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.

1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
2. What happens if you have an 140 pending filed before May 21, 2007?
3. What happens if you have an approved 140 and about to file 485?
4. What happens if you are yet to file 140?
5. With AC 21 gone will you be able to switch jobs using 485 portability?
6. With AC 21 gone will you be able to join new employer based on H1 receipt?

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anilsal

06-14 04:54 PM

Hopefully by labor PD. But I have read about cases being approved in no sane logic.

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Bpositive

12-05 12:20 AM

"On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."

My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.

Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.

Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.

Bpositive.

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thomachan72

01-13 05:20 AM

Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.

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kirupa

01-22 01:35 AM

Ok, proper previews have been added thanks to krilnon! Click on the bolded View Entry link next to each entry to see it.

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meridiani.planum

04-01 01:30 AM

At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.

Cheers.

the G-28 is only going to help for I-485 point of view.

The problem the OP is facing is that there is a potential for an RFE on the I-140. That is the employers petition and presumably the employers lawyer, and they are not going to change that. Until the I-140 is done and approved, a change of employer in any case where there is a potential for I-140 RFE is extremely risky. Not worth taking a chance in my opinion.

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sam571

03-08 04:47 PM

Hey Tiger ,

are you transferring your H1B to consulting to consulting firm ,or consulting to direct company?
Because there have been lots of REFs and denials in case of transferring to consultancy lately, and they highly doubt about projects availability and they use any of these excuses like past w2 to deny it ...

Thanks....

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O'podu

07-17 04:30 PM

Instead of flowers, lets make IV strong by contributing more to it. The battle isn't over yet. We may still end up living rest of our lives on EADs and APs.

Again, pl. contribute!!

Contribution is for their better service.
FLowers and wishes are Appreciation towards their bold steps and effort which brought us together virtually.
We would never have brought out our thoughts without the support of IV coordinaters.

Anyhow i decided to contribute my best to IV very soon.
Thanks IV.

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mhb

05-31 01:11 PM

doing it right now...

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santb1975

11-16 08:06 PM

This Holiday season .... Give a gift to IV

--------------------------------------------------------------------------------

With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers

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arunmohan

06-09 05:07 PM

"Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..

Did you try to get Infopass apointment? My friend received his GC last week and his PD was Nov, 2001.

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meridiani.planum

03-31 09:06 PM

Hi All Gurus:

I am changing my employer with pending I-140 and I-485 both > 180 days.

RD: 07/23
ND: 09/13
EB2/TSC
PD:12/04

I might recieve an RFE as I did not submit experience letters from my previous employers. I have a masters degree from US.

Just in case I get an RFE on I-140 and old lawyers/old company chose not to respond what are my options? I have letters with me now and can myself respond to RFE if I know what it is about.

if RFE goes unresponded is MTR the only option left??

Thanks in anticipation.

RFE goes to employer/attorney, you wont get a chance to give those experience letters unless employer co-operates. The I-140 will be denied, appeal/MTR also wont work because the I-140 is the employers petition. If they dont co-operate, why will they appeal?

Hang on till your I-140 is approved, dont lose everything by just a couple of months haste...

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graviyera

07-24 04:40 PM

.....is marriage. If one is planning to get married soon, it is better to get married and jointly file for spouse after he/she is here.

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rkat

08-16 11:20 PM

Thanks a lot everybody for spending ur valuable time replying to my Queries.!

I applied for H1 and the contracting company (hence will be referred to X in this email) went ahead and filed for my concurrent H1 on april 1 2007. Inspite of me asking for a contract letter or offer letter i was given no offer letter or anything.! DOESN"T USCIS need to see a accepted JOB OFFER along with the I-129 petition.? Isn't that a mandatory thing..?

Anyway the H1 was filed and i recd. a email from X saying that X has paid the fees in the amount of $1440 in filing fees and $900 in attorney fees...I was elated that the H1 was filed on time...after a lot of anxiety, frustration and living in darkness about the QUOTA, etc...i recd. the RECEIPT NOTICE in May 2007...As of 8/15/07 decision reg. H1 approval is still pending at USCIS...But now of course i have filed for EAD and do not need the H1 because my current H1 job pays well and is quite secure..besides i will receive my EAD in a few months..

So i now tell X that i don't want to join u in October 1st.....X tell me to remimbure for $900 + $1440 and slaps an additional $1000 in reimbursememt costs...!!! These 1000 costs are called attorney consulation fees...!! For Q's that i had asked X to ask lawyer...These Q's had pertained to the already filed H1b....NO ATTORNEY IN USA CHARGES $1000 to ask them 4 Q's for a H1B case that has already been filed by them..!!!

So now what do i do...To follow the good samaritan law i will reimburse the 1440 + 900 to X in good faith but why should i pay the additional $1000.??? FOR WHAT..??

X has also requested from DAY1 to not contact immigration attorney directly...i respected that but i guess it's time to ask lawyer directly now...!!

How should i handle this sitaution...???? THANK YOU FOR UR HELP>.!!

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seaken75

10-31 09:07 PM

Hi all,

Need your help and experience in this!

I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.

I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.

Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?

Please advice.

Thanks!

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zbd

01-12 08:47 PM

Probably,all this criterias already matching to your case, right ?

If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?

You're just a selfish guy to cover your asz, right?
Are you planning to get some benefit from your brother's delayed cases?

It's time to comply, time to be unite.
Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.

Thanks for your understanding...
Zbd

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eb3retro

02-06 11:17 PM

I have seen lots of thread talking about filing 485 and getting EAD and having the opportunity to jump jobs. I faced a unique situation where I realized being on H1 is lot better than having EAD and invoking AC21. Correct me if I am wrong.

H1B:

1. Spouse cannot work.
2. Do not worry about 485 rejection.
3. Jump companies and go up the ladder as you are in H1 and not in EAD and still port the PD. THIS IS VERY USEFUL. CORRECT ME IF I AM WRONG.
4. No expenses for the employee for H1 related issues ( legally).
5. Stamping required. But only once in three years if you get 3 year extn after 140 approval.

EAD / AC21:

1. Spouse can work.
2. Invoke AC21, but you have to switch to similar job. This is very frustrating if you are looking to go up the ladder.
3. If you dont have any time left in your first 6 years of H1, you will be in big trouble if your 485 gets rejected for unknown reasons.
4. No stamping, but advance parole required.
5. Spend yearly on parole, EAD.

Anything else to be added to the above list?

EAD vs H1 - which is better.. my answer is whichever stage u are in - "Supporting IV is always better"...

vnsriv

03-28 10:25 AM

Well Jnayar & Berkeleybee,
Thanks for your help.

whattodo

03-25 02:15 PM

http://www.whitehouse.gov/OpenForQuestions/

Press view questions and search for immigration. You need to complete a simple registration to vote for existing questions or ask a new questions. This is a chance to force President to answer direct questions.

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