ChangingJobs
06-29 10:27 PM
Here is my situation:
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
- I have a valid H1B and EAD through Employer A. My current status is H1B.
- I am getting offer from Employer B but they are asking me to join on EAD so that I dont have to wait for H1 Trasnfer approval. They are okay in filing for H1 B Transfer at the same time. Here are 2 questions I have:
1. In case H1 transfer gets denied then will I be able to go back to Employer A and continue on the current H1B ? I really dont want to take the risk of using EAD since if I-485 is denied then I will have to leave immediately.
2. Will I be able to maintain my H1 B status even if I join on the basis of EAD considering that H1 B transfer application is filed before I join.
Your answer will be very helpful for me to take the right decision.
Thanks in Advance
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chezelleabhap
03-14 04:08 PM
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immig4me
09-07 08:40 AM
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
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oaktree
01-12 12:57 PM
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
more...
uma001
02-23 09:30 AM
good to know, thx.
But nowadays nobody is willing to do green card processing as a future employee becos of high unemployment rate
But nowadays nobody is willing to do green card processing as a future employee becos of high unemployment rate
Green Card Aspirant
03-24 07:23 PM
I too fall in the same boat. I see one of them responding for this post that we can apply for premium processing. If we apply for premium processing before 6 months , does it raise any questions at USCIS ... why this guy is applying for premium processing ?? Are we eligible to apply H1 B Extension with premium processing before 6 months of H1 B Expiry ??
Thanks in advance
Thanks in advance
more...
kanyewest
04-21 06:54 PM
Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
I understand the 'Yes' to the first question.
For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.
The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).
Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?
I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.
Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.
Thank you in advance for your time and recommendations.
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MatsP
May 18th, 2005, 07:28 AM
I'm having a problem with a Nikon d100 camera taking the necessary pictures for a high dynamic range photo. I need to take 3 pictures in a short ammount of time (which I can do, using the bracket setting) but I need to vary the shutter speed manually in this setting, with a different exposure time for each of the 3 pictures taken in the bracket. Is there any way that I can do this, or any software that will allow me to accomplish this?
Thanks,
Trish
As far as I know, this is exactly how the automatic bracketing mode works. Or at least, on the Canon cameras, that's what it does. Just set that the camera takes a +2, 0 and -2 exposure (I'd suggest using two stops, as you want to make a noticable difference between the shots, otherwise the "extension" of the range will be more or less useless).
However, I'm not entirely sure whether the camera will adjust the shutter speed or aperture, or both. It may well depend on which mode you set the camera to in the first place (Program mode -> change both, Shutter Priority -> change aperture [you set the time, so the camera changes the aperture to match], Apterure Priorty -> Change shutter speed [you set the aperture, the camera adjusts the time to match]).
Alternatively, if you use manual mode (and of course, no automatic bracketing available in manual mode), and set it to the "two stops shorter" time, you should be able to relatively quickly do "two clicks" on the dial that adjusts the time. Then do two clicks more. [of course, two stops is probably more than two clicks, but you get the idea].
--
Mats
Thanks,
Trish
As far as I know, this is exactly how the automatic bracketing mode works. Or at least, on the Canon cameras, that's what it does. Just set that the camera takes a +2, 0 and -2 exposure (I'd suggest using two stops, as you want to make a noticable difference between the shots, otherwise the "extension" of the range will be more or less useless).
However, I'm not entirely sure whether the camera will adjust the shutter speed or aperture, or both. It may well depend on which mode you set the camera to in the first place (Program mode -> change both, Shutter Priority -> change aperture [you set the time, so the camera changes the aperture to match], Apterure Priorty -> Change shutter speed [you set the aperture, the camera adjusts the time to match]).
Alternatively, if you use manual mode (and of course, no automatic bracketing available in manual mode), and set it to the "two stops shorter" time, you should be able to relatively quickly do "two clicks" on the dial that adjusts the time. Then do two clicks more. [of course, two stops is probably more than two clicks, but you get the idea].
--
Mats
more...
dan19
11-07 02:13 PM
Thanks Chandu...
Never knew somebody had compiled such a large list!!!
look at www.h1bmates.com
Never knew somebody had compiled such a large list!!!
look at www.h1bmates.com
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rsdang
08-29 11:27 AM
Guys,
I have been going to various blogs and where anti legal immigration ideas are posted, I try to provide a fact based rebuttal...
As a start I would request all of you to do the same...
For the gifted writers here writing articles for newspapers is a great idea...
We all should do aour part and spread the awareness...
I have been going to various blogs and where anti legal immigration ideas are posted, I try to provide a fact based rebuttal...
As a start I would request all of you to do the same...
For the gifted writers here writing articles for newspapers is a great idea...
We all should do aour part and spread the awareness...
more...
chintu25
12-02 11:45 AM
I am at the risk of being laid off anytime but will not stop my contributions to IV
I am convinced that this cause is far bigger that 1 job or one individual .
To live with the insecurity of loosing status doubles the anxiety of loosing a job .
I hope that this situation doesnt befall on anybody here on IV....
We deserve better ...All of us here are educated and highly skilled and we deserved to be treated right .
If you think I am right .....Contribute atleast USD 10 right NOW and post it here.
God help us and Capre Diem ( Sieze the day ) to all of us
I am convinced that this cause is far bigger that 1 job or one individual .
To live with the insecurity of loosing status doubles the anxiety of loosing a job .
I hope that this situation doesnt befall on anybody here on IV....
We deserve better ...All of us here are educated and highly skilled and we deserved to be treated right .
If you think I am right .....Contribute atleast USD 10 right NOW and post it here.
God help us and Capre Diem ( Sieze the day ) to all of us
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kkking
11-02 06:41 PM
hi guys, are you guys able to see the status online? I am not.
more...
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ImmiLosers
03-10 11:22 PM
As per my attorney it should be during the time of 140 you have to apply along with a copy of old PD.
Now I am not sure.
But the point is - Has he/she said it can not be done at I-485?:confused:
Now I am not sure.
But the point is - Has he/she said it can not be done at I-485?:confused:
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file485
12-06 11:16 AM
Hello ..
filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..
guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!
Any idea when could my case be touched...expecting not until March..
whole of our life ends up in waiting...!!
filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..
guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!
Any idea when could my case be touched...expecting not until March..
whole of our life ends up in waiting...!!
more...
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msyedy
12-13 12:03 PM
What are you saying he has no valid visa on his passportm his papers are valid. People who have a valid I-94 and like H1B - Valid i-797 can legally work in US without a valid visa on the passport.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
Well getting a transit visa to france depends on the rules the French government has. Ask your travel agent.
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Berkeleybee
03-08 12:40 PM
Wellwishergc,
Check out the new poster -- that might work too/better.
best,
Berkeleybee
Check out the new poster -- that might work too/better.
best,
Berkeleybee
more...
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nashdel
04-06 11:26 PM
I went to Delhi recently for emergency appointment. The person who replied to my email (within 12 hours) told me to call next morning.
He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).
You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.
Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.
After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.
However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.
She asked me to check status on line at NEw delhi embassy website.
Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.
I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.
Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.
By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.
Hopefully that helps you in your difficult times.
He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).
You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.
Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.
After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.
However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.
She asked me to check status on line at NEw delhi embassy website.
Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.
I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.
Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.
By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.
Hopefully that helps you in your difficult times.
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nuke
07-29 11:39 AM
How do I start a new thread?
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andy_8214
09-15 07:52 PM
Chandu keeps opening the threads and keeps talking to himself....he is so lonely.
needhelp!
01-09 03:44 PM
It would be better if you can contact Senators and Congressman/woman for your area instead of Governor.
Just called the Governor's office and asked how to request an appointment. The lady said its easy - just send in a written request (mail or email or fax it) and someone from the office will contact you.
Not sure if its really that easy... I live in North Cal - but would go to Phoenix to meet her if need be.
Anyone? Any suggestions? Comments?
Just called the Governor's office and asked how to request an appointment. The lady said its easy - just send in a written request (mail or email or fax it) and someone from the office will contact you.
Not sure if its really that easy... I live in North Cal - but would go to Phoenix to meet her if need be.
Anyone? Any suggestions? Comments?
veni001
01-21 12:44 PM
The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...
Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!
Congress got country limits into immigration b'se they want to limit # of people immigrate from single country, but the AC1 gave spillover provisions.
:o
Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!
Congress got country limits into immigration b'se they want to limit # of people immigrate from single country, but the AC1 gave spillover provisions.
:o
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