i4u
04-26 10:25 AM
Hi,
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.
Take advice from a lawyer for specific details. Check out the IV wikki pages
L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.
Take advice from a lawyer for specific details. Check out the IV wikki pages
L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)
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arunmohan
05-11 02:23 AM
Friends,
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
I agree with you, this is a right time to go for visa recapture. We don't have to mention anywhere for H1B. This will be just for visa recapture.
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
I agree with you, this is a right time to go for visa recapture. We don't have to mention anywhere for H1B. This will be just for visa recapture.
jamesbond007
09-10 01:54 PM
Could someone post periodic updates for the benefit of those who do not have real player? (and are not allowed top install it)
Thanks
Thanks
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solaris27
07-12 08:33 AM
http://www.immigration-law.com/
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
more...
kpchal2
07-18 12:17 PM
hi tapukakababa, the number is for the national customer service center but you mentioned you called the nebraska service center. so did u ask them to transfer to that service center or ???. i would like to talk to those guys and see what they did wityh my application. i guess we already had a painful ride and if it does not yield the right fruit then it really hurts us bad.
HV000
02-22 01:56 PM
Do NOT blame Googler for sharing some info. for movement of EB quotas!!! People with INFORMATION/NEWS will always get attention. Deal with it!
more...
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reddog
06-30 09:15 PM
Never ever throw negative vibes, the universe is listening.
We will be able to file our Apps. Believe it.... just believe.
We will be able to file our Apps. Believe it.... just believe.
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gsc999
04-22 02:56 PM
Decipher and GSC999 have totally contradictory opinions . Not sure whom to believe here .:D . There seems to have been 2 sets of opinons here of the members who attended the rally.
---
I think you mean the conclusions we drew are different. Yes, as Congressman Gutierrez himself said yesterday. Some people, he was referring to Latinos who were opposing STRIVE, see STRIVE as glass half-empty. Others as half-full.
I will want to be in the latter category anyday.
The objective of the meeting was to show support for STRIVE, I think we acheived that. If your expectation was that there will only be IV members in the group and the congressman would focus exclusively on that issue. Sorry for the disappointment, welcome to politics. Lets learn from this.
Also, most members think that only anti-immigrants oppose STRIVE. That is not true. Undocumented immigrants also oppose STRIVE. When someone says ,"oh the whole thing was regarding undocumented," well yes but you have to go deeper. Within that group, there are people who oppose STRIVE.
---
I think you mean the conclusions we drew are different. Yes, as Congressman Gutierrez himself said yesterday. Some people, he was referring to Latinos who were opposing STRIVE, see STRIVE as glass half-empty. Others as half-full.
I will want to be in the latter category anyday.
The objective of the meeting was to show support for STRIVE, I think we acheived that. If your expectation was that there will only be IV members in the group and the congressman would focus exclusively on that issue. Sorry for the disappointment, welcome to politics. Lets learn from this.
Also, most members think that only anti-immigrants oppose STRIVE. That is not true. Undocumented immigrants also oppose STRIVE. When someone says ,"oh the whole thing was regarding undocumented," well yes but you have to go deeper. Within that group, there are people who oppose STRIVE.
more...
angelfire76
02-13 05:03 PM
This is a real life example that happened a week ago. I was at the gym talking to a guy and he was asking where I was working. I told him and I got a look that suggested it was a crime for me to have a job.....No words exchanged but just the look of it...I could feel it..
Same sense of entitlement to everything landed the US in the soup they are in right now?
There are some very hard-working and bright people and I'm not generalizing here, but they need to understand the the foreign worker (who's probably being paid less than you to do the same job) is not the enemy. The unsustainable lifestyle is.
Same sense of entitlement to everything landed the US in the soup they are in right now?
There are some very hard-working and bright people and I'm not generalizing here, but they need to understand the the foreign worker (who's probably being paid less than you to do the same job) is not the enemy. The unsustainable lifestyle is.
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vavs16
12-28 07:18 PM
Hi guys
If anyone here is enrolling at ONLINE program in U of South Dakota,please let me know
I am enrolling in there soon - it is accredited :)
Thanks a ton
If anyone here is enrolling at ONLINE program in U of South Dakota,please let me know
I am enrolling in there soon - it is accredited :)
Thanks a ton
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gk_2000
08-10 08:56 PM
so what you are basically asking is give gc to everybody who wants. country quota is meaningless (we know that!). qualifications are worthless. nobel prize or manual laborer (all are humans!). illegals also should be given gc without any reservations!
so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.
If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.
BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way
For the record, illegals do end up with green cards. One should have faith, like they do
so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.
If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.
BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way
For the record, illegals do end up with green cards. One should have faith, like they do
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feedfront
10-07 12:25 PM
Hi feedfront,
Like I mentioned before they use FedEx and so they send it to a different address since FedEx does not deliver to PO Box. Unfortunately I have no control over what my attorneys use for mailing out the response. They say they use FedEx and mail to a courier address. There is no return receipt in FedEx.
Did you check your status online@USCIS? Is there any change? If they receive your RFE, it should change to 'Request for Evidence Response Review'. Ask your attorney to follow up w/ USCIS.
Like I mentioned before they use FedEx and so they send it to a different address since FedEx does not deliver to PO Box. Unfortunately I have no control over what my attorneys use for mailing out the response. They say they use FedEx and mail to a courier address. There is no return receipt in FedEx.
Did you check your status online@USCIS? Is there any change? If they receive your RFE, it should change to 'Request for Evidence Response Review'. Ask your attorney to follow up w/ USCIS.
more...
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chanduv23
09-28 11:25 AM
People are always prejudiced against something. If it is not race or ethnicity, it's country of origin, province of origin, class, gender, faith, or whether you are poor or rich. Even poor people have prejudices against rich people. And people tend to group with people who share their prejudice to fight against those who they are prejudiced against. It just makes life miserable for everybody.
But at least when the two groups who are against each other are about the same is size, you will feel less pressure. If there are very few foreign professionals working among a largely native population, they will feel a lot of pressure.
And thats exactly what is happening to us here. All these politicians are providing mere lip service to us and play their vote bank politics.
This is very much a reason that we need to unite and rise. Our own people have prejudiced opinions among us, like fulltime jobs versus consulting companies. MS degree vs under grad, US educated vs non US educated, and it goes on - the more divided we are, the more issues we face because the community opposing us is higher in number and are voting public.
If we do not unite and still continue to do things in small numbers, things will not change easily.
But at least when the two groups who are against each other are about the same is size, you will feel less pressure. If there are very few foreign professionals working among a largely native population, they will feel a lot of pressure.
And thats exactly what is happening to us here. All these politicians are providing mere lip service to us and play their vote bank politics.
This is very much a reason that we need to unite and rise. Our own people have prejudiced opinions among us, like fulltime jobs versus consulting companies. MS degree vs under grad, US educated vs non US educated, and it goes on - the more divided we are, the more issues we face because the community opposing us is higher in number and are voting public.
If we do not unite and still continue to do things in small numbers, things will not change easily.
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ashwin_27
06-13 12:10 AM
If this has not been done already..a good idea might be to spread this message among the hundreds of International Student (including Indian/Chinese) associations. They are already having trouble entering as graduates into a tough job market and this anti-H1B proposal will only make things worse...no additional incentive for students to join this IV initiative. I will forward to my alma mater and couple of other student associations I am aware of.
more...
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ItIsNotFunny
01-09 09:28 AM
Foolish argument...In the US most of the IT interviews happen via phone especially for consultants. And there r tens of hundreds of cases where an experienced guy takes the call and the fresher shows up at the job. Cheating organizations like this has become a trend and this was started and is still religiously being followed mostly (99.99%) by gultis (remember what that F***** gulti did to Satyam?)...As a guy whoz supporting fake experience, u shud be thrown behind bars and I'm sure u r a gulti.
I guess the US govt is aware of stuff like this and hence playing with our lives by delaying the Greencard process. Shame on u guyz...All of us have been put to suffering becoz of fake ppl like u.
What do you mean by "U guys"?
I guess the US govt is aware of stuff like this and hence playing with our lives by delaying the Greencard process. Shame on u guyz...All of us have been put to suffering becoz of fake ppl like u.
What do you mean by "U guys"?
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gvenkat
10-20 09:24 AM
Mccain is suportive to immigration yes. But not to legal but illegal. And there will be too m any distractions under his regime the 100 yer war in iraq and a new war in IRan that this will be in the back burner and the economy going down and us losing jobs so that we dont have to worry about GC. :mad::mad::mad:
Wake up US needs a change.. didnt we have a republican president for the last 8 yeras.. didnt the retrogession happen during that time.. so what we need is chnage and thigns will fall in place.. although Obama might not be pro-immigration we might have some transparency...
Wake up US needs a change.. didnt we have a republican president for the last 8 yeras.. didnt the retrogession happen during that time.. so what we need is chnage and thigns will fall in place.. although Obama might not be pro-immigration we might have some transparency...
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nomi
12-11 02:54 PM
Does anybody know who do we need to contact in USCIS about this rule making policy or ask them to consider this option. I hope there should be some department or office in USCIS who make all these rules. I think we should contact them and ask them what are our options here.
thx.
thx.
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GreeNever
06-13 11:22 AM
Folks! MSNBC is organizing a gut check on the immigration issue (though this appears to be on issues related to illegal immigration). It's a message board inviting opinions on immigration with an expert panel set to reply to the meesages posted. Eventually, messages will be short-listed for publishing. We may be able to make an opportunity out of this.
Link: http://www.msnbc.msn.com/id/18826755/
Link: http://www.msnbc.msn.com/id/18826755/
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nonimmi
02-21 01:52 PM
yes, you can unless your eb3 I140 has been revoked for fraud or misrepresentation of facts.
Good info.
My attorney said EB3->EB2 is not possible now. Can you please post some link for this and pm me some attorney you may know have done this before.
Good info.
My attorney said EB3->EB2 is not possible now. Can you please post some link for this and pm me some attorney you may know have done this before.
CantLeaveAmerica
03-17 09:36 PM
For people who want to file I-485 filing on their own. Since 485 filing requires only one document from the employer (Employer's letter saying you have the job and its the same job description), its possible to file 485 by oneself without additional help from lawyer or employer. This is a thread for that purpose. Even those who have the help and attention of a good lawyer can use this thread for guidance. This is the initial list of documents that are required for 485 filing and the optional EAD and AP filing. The fee structure is scheduled to change after July 30th. The fees listed below are applicable now thru July 29th.
I-485 DOCUMENT CHECKLIST
1. Payment Checks (USCIS Filing Fees $325.00 in favor of 'United States Citizenship and Immigration Service' OR 'USCIS').
Original fee plus $70.00 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225.00 with no biometric services fee. If you are 79 years of age or older, the fee is $325.00 with no biometrics services fee.
Fillable I-485 form:
http://www.uscis.gov/files/form/i-485.pdf
Application is sent to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
2. Form G-28 one with each Application form. Dont need this if you are doing it on your own without the lawyer. If doing on your own, you can fill out G-28 for your spouse, if you are filling out the forms and doing paperwork for your spouse. G-28 shows that the applicant is being represented etc. If you and your spouse are both filling out your own forms and signing them then you may not need G-28 for anything.
3. Two Photographs per 1-485,1-131,1-765
4. Completed form 1-485 for Adjustment of Status
5. Completed Period of Stay form. Completed in chronological order starting with first entry into US, and all changes of status, extensions, exits and entries, down to your current status.
6. Evidence of Valid Nonimmigrant Status:
Copies of both sides of any and all 1-94 cards
Copies of all 1-797 approval notices
Copies of any and all I-20's (if applicable, both sides)
Copies of all IAP 66 forms
Copies of all PT Work Authorization Cards (if applicable)
Copies of All pages of passport - INCLUDING BLANK PAGES AND PLEASE DO NOT MAKE TWO SIDED COPIES; ONE COPY PER PAGE AND MAKE SURE THAT COPIES ARE LEGIBLE
COMPLETED FORM G-325A Biographic Sheet
I-693 form( Every civil surgeon mostly has this form)
Completed Form 1-693 Medical Examination (SEALED) along with copy of list of INS approved Civil Surgeons
Birth Certificates and Marriage Certificate COPIES and other evidence of birth/marriage. One marriage certificate needed per person
Employment Letter in Format
Original for employee, copy for all other
I-765/EAD DOCUMENT CHECKLIST (Optional)
Documents required for EAD/I-765 per person:
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-765 mentioned in the comments section of the check
Copy of past EAD card front/back sides
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I-131/Advance Parole DOCUMENT CHECKLIST (Optional)
Documents required for Advance parole/ I-131 per person:
Completed form I-131
http://www.uscis.gov/files/form/I-131.pdf
2 photos (full frontal)
USCIS filing fee - $170.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-131 mentioned in the comments section of the check
copy of EAD card front/back sides,
Copy of I-94 card,
Copy of visa page of passport in color,
Copy of driver's license,
Copy of I-485 receipt notice,
Copy of I-140 approval notice,
Copy of Marriage certificate,
Copy of birth certificate for children and a letter explaining the reason for travel
Signed statement requesting advance parole
You are a banned member..you shouldn't be posting!!
I-485 DOCUMENT CHECKLIST
1. Payment Checks (USCIS Filing Fees $325.00 in favor of 'United States Citizenship and Immigration Service' OR 'USCIS').
Original fee plus $70.00 biometrics services fee if you are 14 years of age or older. If you are under 14 years of age, the fee is $225.00 with no biometric services fee. If you are 79 years of age or older, the fee is $325.00 with no biometrics services fee.
Fillable I-485 form:
http://www.uscis.gov/files/form/i-485.pdf
Application is sent to:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
2. Form G-28 one with each Application form. Dont need this if you are doing it on your own without the lawyer. If doing on your own, you can fill out G-28 for your spouse, if you are filling out the forms and doing paperwork for your spouse. G-28 shows that the applicant is being represented etc. If you and your spouse are both filling out your own forms and signing them then you may not need G-28 for anything.
3. Two Photographs per 1-485,1-131,1-765
4. Completed form 1-485 for Adjustment of Status
5. Completed Period of Stay form. Completed in chronological order starting with first entry into US, and all changes of status, extensions, exits and entries, down to your current status.
6. Evidence of Valid Nonimmigrant Status:
Copies of both sides of any and all 1-94 cards
Copies of all 1-797 approval notices
Copies of any and all I-20's (if applicable, both sides)
Copies of all IAP 66 forms
Copies of all PT Work Authorization Cards (if applicable)
Copies of All pages of passport - INCLUDING BLANK PAGES AND PLEASE DO NOT MAKE TWO SIDED COPIES; ONE COPY PER PAGE AND MAKE SURE THAT COPIES ARE LEGIBLE
COMPLETED FORM G-325A Biographic Sheet
I-693 form( Every civil surgeon mostly has this form)
Completed Form 1-693 Medical Examination (SEALED) along with copy of list of INS approved Civil Surgeons
Birth Certificates and Marriage Certificate COPIES and other evidence of birth/marriage. One marriage certificate needed per person
Employment Letter in Format
Original for employee, copy for all other
I-765/EAD DOCUMENT CHECKLIST (Optional)
Documents required for EAD/I-765 per person:
Completed Form I-765 (EAD):
http://www.uscis.gov/files/form/I-765.pdf
2 photos(full frontal)
USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-765 mentioned in the comments section of the check
Copy of past EAD card front/back sides
Copy of recent I-94 card (both sides)
Copy of visa page of passport in color
Copy of driver's license
Copy of I-485 receipt notice (if applicable)
Copy of I-140 approval notice
Copy of Marriage certificate (if applying for spouse)
I-131/Advance Parole DOCUMENT CHECKLIST (Optional)
Documents required for Advance parole/ I-131 per person:
Completed form I-131
http://www.uscis.gov/files/form/I-131.pdf
2 photos (full frontal)
USCIS filing fee - $170.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your SSN# and I-131 mentioned in the comments section of the check
copy of EAD card front/back sides,
Copy of I-94 card,
Copy of visa page of passport in color,
Copy of driver's license,
Copy of I-485 receipt notice,
Copy of I-140 approval notice,
Copy of Marriage certificate,
Copy of birth certificate for children and a letter explaining the reason for travel
Signed statement requesting advance parole
You are a banned member..you shouldn't be posting!!
feedfront
09-21 12:23 PM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
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