hibworker
01-24 03:51 PM
Hi,
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
Technically, yes you will be out of status starting 02/01 until H1B petition from your new employer is received by USCIS. Yes you should leave the country as from Feb 1 you will start accumulating unauthorized presence which might adversely impact your Green Card and other future petitions including the pending H1-B.
Practically if H1-B is filed within a week or so after 1/31 then it is up to you if you'll like to take a chance by staying in the country.
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morchu
05-07 03:21 PM
Yes. The key is that the entity remains the same. And same EIN is a proof for that. One company can have multiple valid DBAs at the same period of time (just like name aliases).
Still it is better to check with an attorney whether a "successor of interest" petition is needed, especially if the old DBA is invalidated.
Hi, Thanks for replying. Just verifying - is the tax number the same as employer identification number (EIN)?
Still it is better to check with an attorney whether a "successor of interest" petition is needed, especially if the old DBA is invalidated.
Hi, Thanks for replying. Just verifying - is the tax number the same as employer identification number (EIN)?
[uber]
04-09 03:52 AM
yea i though so too... but i wanted to convey the parody in the stamp itself... this is why ya3 does the mac art :P
I don't care if it gets added or not... ya3... i give you the torch... yo make a better one to get put up... i'll go make a FF stamp... THAT i know how do do....
I don't care if it gets added or not... ya3... i give you the torch... yo make a better one to get put up... i'll go make a FF stamp... THAT i know how do do....
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smuggymba
10-08 03:00 PM
I thought u r H1 status since 1st october. Have u started working for the new H1 employer (leaving ur L1 behind).
I'm saying u can move from one H1 comp to another within 30 days without paystubs. If u r not even on H1, then this case doesn't arise. At L1, u can't transfer.
I'm saying u can move from one H1 comp to another within 30 days without paystubs. If u r not even on H1, then this case doesn't arise. At L1, u can't transfer.
more...
SBH
01-11 08:33 AM
please reply..
rkotamurthy
02-12 02:28 PM
I organized a Conf Call for SoCal members last friday, but only Pappu (Admin/Moderator) turned-up. It was disappointing to see that few people care to participate. I did get couple of messages from folks who could not make it. I appreciate their response.
more...
jai_immigration
09-24 10:06 AM
It depends on the I-140 you requested USCIS to consider while you aplied for I-485. There is some process called interifling, where you can later request USCIS to use the I-140 with better priority date against the I-485 so you can avoid multiple I-485.
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logiclife
02-18 02:49 PM
It will never happen here. Even if it does happen, it will still have an annual quota, which would lead to priority dates.
more...
gc_dedo
03-28 01:48 PM
I got a LUD today filed 7/11/2007 NSC
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sunny
11-27 04:31 PM
The waiting time at US Embassy in Delhi is less then a week.
more...
kaisersose
08-03 04:56 PM
hi guyz,
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
As long as nothing changes on paper, you are good. The title can be different as long as there are at least some responsibilities similar to your previous role.
But keep in mind, that companies & management are volatile by nature. The manager and HR who are cooperating today may move on and you may have to deal with new people who may not be willing to go along.
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
As long as nothing changes on paper, you are good. The title can be different as long as there are at least some responsibilities similar to your previous role.
But keep in mind, that companies & management are volatile by nature. The manager and HR who are cooperating today may move on and you may have to deal with new people who may not be willing to go along.
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LOL123
11-24 03:59 PM
We filed our 485 on July 2nd 2007 at Nebraska office � EB3 � July 7, 2001
- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.
- Our date is now current however processing at Texas is still stuck at June 27, 2007.
- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??
- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.
- Our date is now current however processing at Texas is still stuck at June 27, 2007.
- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??
more...
house Cheat on Tea Leoni?
letstalklc
11-04 03:03 PM
If the old company not revoked, you can travel with that old I 797.
If you get an approval from your new employer when u r ome country, better ask your employer to send it to you, so that you will get I-94 with new date on it...
In port of entry they will ask for your H1 Docs and your work location if it is consulting company or client letter, in some cases may be more docs like W2's...
If you get an approval from your new employer when u r ome country, better ask your employer to send it to you, so that you will get I-94 with new date on it...
In port of entry they will ask for your H1 Docs and your work location if it is consulting company or client letter, in some cases may be more docs like W2's...
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msadiqali
01-04 10:32 PM
My Case:
Company A applied for GC citing future employment.
Got the EAD.
Currently I am in the pay roll of Company B(sister concern of A) in H1.
What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?
Company A applied for GC citing future employment.
Got the EAD.
Currently I am in the pay roll of Company B(sister concern of A) in H1.
What are the things I have to do if I have to work in EAD? Can I use AC21 and move on? Do I have to work for Company A atleast for sometime?
more...
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Blog Feeds
11-16 02:40 AM
As we move closer to an Immigration reform, even government officials agree that such major change is very necessary. Here are some remarks by Secretary Napolitano on Immigration Reform at the Center for American Progress:
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
dresses Actress Tea Leoni at Film
ItIsNotFunny
11-12 02:42 PM
Guys,
We started getting reply from Ombudsman. Please send 4 mails.
We started getting reply from Ombudsman. Please send 4 mails.
more...
makeup Tea Leoni and David Duchovny
vikki76
04-04 12:52 PM
ImmigrationVoice was exceeding character limits for handle
girlfriend An early pic of Tea Leoni,
gcpradeep
04-06 09:38 PM
Here is a link from C-SPAN that summarizes Hagel/Martinez Ammendment
http://www.c-span.org/pdf/Hagel_Martinez.pdf
http://www.c-span.org/pdf/Hagel_Martinez.pdf
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sri1234
01-30 05:30 PM
:(My H1 extension got denied and the attorney filed for MTR.
Can i work while this is under process or should i use EAD?
The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.
Should i be using EAD to work and abondon H1?
Will there be any problems for 485?
Your advise is hightly appreciated. Please help
Thanks,
Sri
PD - Oct 06 EB2 - India
I-140 approved
I-485 filed July 07
Please somebody give their expert inputs.
Can i work while this is under process or should i use EAD?
The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.
Should i be using EAD to work and abondon H1?
Will there be any problems for 485?
Your advise is hightly appreciated. Please help
Thanks,
Sri
PD - Oct 06 EB2 - India
I-140 approved
I-485 filed July 07
Please somebody give their expert inputs.
martinvisalaw
01-28 12:44 PM
I agree with Kanshul. You don't need AP just to remain in the US, however I strongly recommend getting it even if you don't plan to travel. You will need it if there is an emergency and it is difficult to get at short notice. There are many messages on this board from people who had to travel unexpectedly before AP was approved and wonder if they can return to the US.
Aura M.
01-14 02:51 PM
Good Afternoon:
Quick question.
I am going to re-new my h-1b for the next 3 years.. What are the steps to follow??
Any one that all ready this step pls advised.
-Do I need to fill out a Labor form again or just I-129 to USIC ???
Thanks for any info.
Quick question.
I am going to re-new my h-1b for the next 3 years.. What are the steps to follow??
Any one that all ready this step pls advised.
-Do I need to fill out a Labor form again or just I-129 to USIC ???
Thanks for any info.
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