bbenhill
06-09 04:19 PM
Hi, Just make sure with your HR if the new company will grand fathered all the aggreement (esp your GC process). Same thing happened to me a year ago and I don't need to file anything.
so for summary :
a. Do I have to go through the entire GC process again with new company?
>> no
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will
help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
>>>the safest thing might be to file AC21. but again, it will depend on ur HR/Lawyer
d. Should I stay with my current employer?
>> up to you .. only you can feel the situation post acquisition.
btw in my case, my old company name is totally gone and my business unit brought the old company name into a new division of the new company . in your case looks like the old company name is still there.
Thx
so for summary :
a. Do I have to go through the entire GC process again with new company?
>> no
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will
help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
>>>the safest thing might be to file AC21. but again, it will depend on ur HR/Lawyer
d. Should I stay with my current employer?
>> up to you .. only you can feel the situation post acquisition.
btw in my case, my old company name is totally gone and my business unit brought the old company name into a new division of the new company . in your case looks like the old company name is still there.
Thx
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lostinbeta
10-20 09:45 PM
Lots of radial blur :beam:
roseball
08-19 09:02 AM
If the priority dates are not current for the category in which your parents are seeking a green card, then they will have to wait for the priority dates to become current before they can apply I-485. You can check the Visa Bulletin for more info.
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imh1b
10-26 08:44 AM
USCIS - USCIS Issues Two Precedent Appeals Decisions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f8925403f0bcb210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS Issues Two Precedent Appeals Decisions
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.
"The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.
An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.
The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."
For more information on USCIS and its programs, visit USCIS Home Page (http://www.uscis.gov).
USCIS Issues Two Precedent Appeals Decisions
WASHINGTON�U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.
"The issuance of AAO precedent decisions honors USCIS�s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department�s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.
An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General�s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ�s Board of Immigration Appeals.
The first decision affirms USCIS�s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS�s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."
For more information on USCIS and its programs, visit USCIS Home Page (http://www.uscis.gov).
more...
coolman775
07-23 12:14 PM
Dear friends ,
I just want to know if there is any new updates about the process of I-485 besed on marriage ..
They received my I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS on September 9, 2005. till today I been calling them up and all I hear is still pending , I can't take this anymore .
They raise the fees every month or every week and yet they don't even make the process of all applications fast at all , I just sent my RENEWEL application for my I-765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and it has been over 90 days and I didn't get anything , this is sick .
Please Please everyone if anyone knows any new updates about the process or anything that helps to speed up the process let me know thank you everyone ...
I just want to know if there is any new updates about the process of I-485 besed on marriage ..
They received my I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS on September 9, 2005. till today I been calling them up and all I hear is still pending , I can't take this anymore .
They raise the fees every month or every week and yet they don't even make the process of all applications fast at all , I just sent my RENEWEL application for my I-765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and it has been over 90 days and I didn't get anything , this is sick .
Please Please everyone if anyone knows any new updates about the process or anything that helps to speed up the process let me know thank you everyone ...
houston2005
08-08 02:38 PM
how do u prove an emergency, its based on telephone call
more...
fatjoe
09-06 01:43 PM
I'm in the same boat at NSC. My EAD/AP(Aug 10) got cleared, but I do not know what happened to I485(July 18) appln. I called uscis, they asked me to wait for 90 days. Pls let me know if you nay updates.
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sreenivas11
01-02 07:39 PM
I am filing for Advance Parole for my wife. What documents do you suggest I submit along with the application in addition to those listed on USCIS website? What is a better option to use - e-filing or via regular mail?
She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
Response will be greatly appreciated!
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
She plans to travel around last week of February. Is there a way to expedite processing of the AP document? Do I need to buy an airline ticket for her in advance to show the urgency of AP?
Response will be greatly appreciated!
1.485 Copy
2.Previous copy of AP
3.Two Photos
4.Confirmation copy (If you E-Filed)
more...
nashim
06-15 01:55 PM
If your case was filed successfully then USCIS will send you receipt notice and biometrics appointment notice with in a week.
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nath.exists
11-02 11:26 AM
Hi Tharu,
I am in the same boat as you. i.e. My wife's place of birth is a country where the visa numbers are still available . I am trying cross chargeability. She is still not in USA yet. we both can exchange info. if you would like.Thanks.
I am in the same boat as you. i.e. My wife's place of birth is a country where the visa numbers are still available . I am trying cross chargeability. She is still not in USA yet. we both can exchange info. if you would like.Thanks.
more...
vallabhu
04-09 11:45 AM
Hi rbashir,
Did you apply for H1 extension and can you update us with the result.
Did you apply for H1 extension and can you update us with the result.
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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...
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ganguteli
04-11 11:27 PM
http://www.dol.gov/esa/whd/forms/fts_wh4.htm
http://immigrationvoice.org/wiki/index.php/RIGHTS_OF_H1B/REPORT_ABUSE/REPORT_FRAUD
http://immigrationvoice.org/wiki/index.php/RIGHTS_OF_H1B/REPORT_ABUSE/REPORT_FRAUD
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mallik_msin
01-07 03:14 PM
To All,
I Am Planning To Goto India And Re-enter Usa Using Advance Parole And My H1-b Visa Stamp Has Been Expired In The Passport. Originally, I Planned To Travel By Air-india From Newark, Nj To Mumbai. The Flight Will Stop Over In Paris For 3 Hours.
When I Contacted Air-india, They Said That Transit Visa Is Not Required. I Contacted French Consulate And They Said That I Need To Have Transit Visa If I Am Travelling With Advance Parole And Expired H1-b Visa. Is This True?
The Only Other Option Left For Me Is To Fly From Jfk To Mumbai.
my Question Is When I Am Entering Usa (poe � New York) Using Advance Parole,
If I Use Advance Parole, Will There Be Any Problem With The Immigration Check In New York.
What Kind Of Questions Immigration Officers May Ask
What Are The Documents I Need To Show At Poe-new York.
Usually, Everybody Says That Poe-new York Will Scrutinize More Than Poe-new Jersey. Is This True? Did Anybody Faced Any Problems At Poe-new York.
Please Share Your Experiences, Suggestions And Thoughts.
I Am Planning To Goto India And Re-enter Usa Using Advance Parole And My H1-b Visa Stamp Has Been Expired In The Passport. Originally, I Planned To Travel By Air-india From Newark, Nj To Mumbai. The Flight Will Stop Over In Paris For 3 Hours.
When I Contacted Air-india, They Said That Transit Visa Is Not Required. I Contacted French Consulate And They Said That I Need To Have Transit Visa If I Am Travelling With Advance Parole And Expired H1-b Visa. Is This True?
The Only Other Option Left For Me Is To Fly From Jfk To Mumbai.
my Question Is When I Am Entering Usa (poe � New York) Using Advance Parole,
If I Use Advance Parole, Will There Be Any Problem With The Immigration Check In New York.
What Kind Of Questions Immigration Officers May Ask
What Are The Documents I Need To Show At Poe-new York.
Usually, Everybody Says That Poe-new York Will Scrutinize More Than Poe-new Jersey. Is This True? Did Anybody Faced Any Problems At Poe-new York.
Please Share Your Experiences, Suggestions And Thoughts.
more...
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ursosweet
07-17 08:06 PM
Hi everybody
My lawyer had filed my 485 eb2 on july 2 (under july bulletin).
Now that the bulletin has been re-instated, i am getting nervous thinking if my lawyer filed the application complete or in a hurry she missed something. Obviously, i do not think it'll be right to ask her if she filed it properly.
Under what circumstances can the application be rejected right away even before they have issued the WAC#??
and my 140 is pending....what happens if my lawyer forgot to attach the 140 reciept? Can they still send it back??
thanks
pk
My lawyer had filed my 485 eb2 on july 2 (under july bulletin).
Now that the bulletin has been re-instated, i am getting nervous thinking if my lawyer filed the application complete or in a hurry she missed something. Obviously, i do not think it'll be right to ask her if she filed it properly.
Under what circumstances can the application be rejected right away even before they have issued the WAC#??
and my 140 is pending....what happens if my lawyer forgot to attach the 140 reciept? Can they still send it back??
thanks
pk
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md2003
08-28 10:34 AM
I think doing a business on H1B is legal , But you are not supposed to work for the company.
more...
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krishna_brc
01-29 05:40 PM
Hi
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?
And if the H1 goes dorment then what can be done next?
H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
Since you haven't started working and assuming you haven't accepted the offer from the
H1 sponsoring employer, YOU should be fine.
Please take advise from your company attorney.
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dilbert_cal
01-13 09:43 PM
Hi ,
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
stanford & berkeley does --check their websites for open faculty positions
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
stanford & berkeley does --check their websites for open faculty positions
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eadguru
10-30 08:21 PM
Query on Advance Payrol. Send Clear Copies of Passports and I 94 Cards.
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.
I appreciate your suggestions..
NNReddy
07-05 11:32 AM
Do you know anybody that applied for extension based on medical grounds. So far I applied for extension 5 times during last 8 years for my mother-in-law and my brother-in-law and my father-in-law but all based on tourism/visiting grounds. I got extension all 5 times. Now that my mother-in-law wants to go back to india, but she just had a surgery and still in hospital and she needs to go to india next week. So we need to apply for extension.
laststraw
06-22 05:59 PM
Here are my case details
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
1. Labor approved with job role 1 with priority date of June-2004
2. I-140 EB2 filed - denied - appealed in May 2008 and is with AAO (I485 denied due to this)
3. I-140 EB3 filed for same labour in May 2008 - pending as NSC won't rule on this case until the AAO
4. Moved to a job role 2 which is 90 percent different from job role 1 with same company in Jan 2010 (forced to do it as my previous job role has been outsourced). Changed H1B to job role 2 and have initiated PERM process (got PWD and in the advt phase).
Here is my question:
I believe that there is very little chance for my EB2 I140 appeal will come through. But if it comes through, I don't want to re-open my I485 even though the EB2 date is current for this, as my job role has changed. Would I still be able to port the priority date from the approved EB2 for job role 1 to the new GC process with job role 2 (after my I140 for job role 2 is approved)?
Any thoughts on this is appreciated.
Thanks,
laststraw
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