roseball
08-25 06:36 PM
My Permanent residency is being processed thru Employer A (I-140 not done yet).
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
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whattodo21
04-26 03:26 PM
Currently on H4 and validity expires on 09/23/2010. Can be applied for extension when principal applicants H1B is being extended(from his company), but since I have my H1B case filed with USCIS, will it create any conflict if I apply for H4 extension now? (ideally for 7 days (23rd sept to 30th sept) !! 'coz if approved, H1B status becomes valid from Oct 1st, right? )
Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?
Thanks in advance,
Sabitha
your question is that you are on h4 and have applied for H1. Your h4 will expire in sept.
If your h1b is approved, your h4 extension will be invalidated.... i think. check with the lawyer though
Also, is there any rule which states that, when a case is pending with USCIS, legally you are not supposed to leave the country?
Thanks in advance,
Sabitha
your question is that you are on h4 and have applied for H1. Your h4 will expire in sept.
If your h1b is approved, your h4 extension will be invalidated.... i think. check with the lawyer though
Ann Ruben
05-15 04:54 PM
Hi Sri,
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
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sixburgh
08-13 10:06 AM
I was advised by my lawyer that entering on h1 does not affect a pending 485 AOS application.
So I entered on H1.
No issues encountered.
So I entered on H1.
No issues encountered.
more...
prem_goel
07-28 02:27 PM
Just to let everyone know if any of you encounter the same issue -
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.
Am going to do accordingly!
Thanks
sc3
08-11 08:38 PM
Hi All:
Would appreciate if you could answer to my questions below
1) If I work for a company A ,Can I get my Green card processed by Company B by future employer option
2) If so when do I have to leave company A or is there any way I can continue with Company A and get my GC processed through company B.
Thanks,
Dollygc
Yes, it is possible to get from Company B.
You need to join company B when you get your GC.
Would appreciate if you could answer to my questions below
1) If I work for a company A ,Can I get my Green card processed by Company B by future employer option
2) If so when do I have to leave company A or is there any way I can continue with Company A and get my GC processed through company B.
Thanks,
Dollygc
Yes, it is possible to get from Company B.
You need to join company B when you get your GC.
more...
java_jaggu
10-17 12:22 PM
I got referred to the following 2 attorneys when I was thinking about the Eb-5 scheme via the Seattle City investments. I heard both of them are very good.
Lincoln Stone in LA, lincoln@lskglaw.com
Bob Gaffney in SF, rpg@usvisanet.com
Lincoln Stone in LA, lincoln@lskglaw.com
Bob Gaffney in SF, rpg@usvisanet.com
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Karthikthiru
06-01 05:45 PM
Yes, you can. I have done the same. Send me a PM if you need details about that. In my case I moved from Dallas to Austin
more...
GCBy3000
04-30 10:32 AM
04/29/2007: Need for Networking of Immigrants to Support Immigration Reform Legislation
When it comes to the community organizing and support activities for the comprehensive immigration reform legislation, there are hundreds of organizations that organize, network, and mobilize the immigrants in support of the issues involving the difficult issues of legalization of illegal aliens. However, the same is not true with the employment-based immigration reform issues. The lobbying and organizing and support of these issues rely heavily on the employers, businesses, and academic institutions such as competeamerica. Without doubt, the employers should be the most effective and powerful groups to pressure the Congress, President, and other players in the political process.
However, it is time that the immigrants themselves also participate in a similar effort to share information, issues, and supporting activities. Obviously, the first move is to organize and build a network throuhout the nation and the world, and along with the networking, other support activities must be conducted and expanded. There are not too many immigrant groups that are focused on the employment-based immigration reform issues. Currently, a website of www.immigrationvoice.org is launching this campaign and attempting to organize and network in the employment-based immigrant communities. This reporter urges the foreign professional workers to visit and join this group to help an activities of side-kick from the standpoint of stakeholder foreign workers in support of the employers and their support groups. "Networking" will create a power in the political process.
When it comes to the community organizing and support activities for the comprehensive immigration reform legislation, there are hundreds of organizations that organize, network, and mobilize the immigrants in support of the issues involving the difficult issues of legalization of illegal aliens. However, the same is not true with the employment-based immigration reform issues. The lobbying and organizing and support of these issues rely heavily on the employers, businesses, and academic institutions such as competeamerica. Without doubt, the employers should be the most effective and powerful groups to pressure the Congress, President, and other players in the political process.
However, it is time that the immigrants themselves also participate in a similar effort to share information, issues, and supporting activities. Obviously, the first move is to organize and build a network throuhout the nation and the world, and along with the networking, other support activities must be conducted and expanded. There are not too many immigrant groups that are focused on the employment-based immigration reform issues. Currently, a website of www.immigrationvoice.org is launching this campaign and attempting to organize and network in the employment-based immigrant communities. This reporter urges the foreign professional workers to visit and join this group to help an activities of side-kick from the standpoint of stakeholder foreign workers in support of the employers and their support groups. "Networking" will create a power in the political process.
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txh1b
08-19 02:07 PM
Fedex is fine. Proof that USCIS got the application is enough to use H1b portability provided you were in valid status and were getting paid.
more...
vikki76
10-10 12:33 AM
So what was the outcome of roundtable?
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dilbert_cal
05-19 01:09 AM
Laurie A. Bonilla
Address: Suite 180
800 El Camino Real West
Mountain View, CA 94040-2567
Phone: (650)903-2232
Fax: (650)903-2239
She is a great lawyer.
Address: Suite 180
800 El Camino Real West
Mountain View, CA 94040-2567
Phone: (650)903-2232
Fax: (650)903-2239
She is a great lawyer.
more...
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ebizash
02-17 11:15 AM
we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children
Actually I think that special treatment may be for all H1-b renewals. When we went for our stamping 3 years ago at Delhi, at the outside window they stamped our passport with "green" sticker or something like that and when we entered the hall at the FP window, they said you don't need to stand in line and we were taken directly to AO. We did not have children and it was my 2nd H1 renewal stamping and my wife's first H4 renewal stamping.
Actually I think that special treatment may be for all H1-b renewals. When we went for our stamping 3 years ago at Delhi, at the outside window they stamped our passport with "green" sticker or something like that and when we entered the hall at the FP window, they said you don't need to stand in line and we were taken directly to AO. We did not have children and it was my 2nd H1 renewal stamping and my wife's first H4 renewal stamping.
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Blog Feeds
09-09 07:30 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
http://www.immigrationvisaattorneyblog.com/177934_bus_queue_v.jpgMajor news for relatives of legal permanent residents who have been patiently waiting for their petitions to become current. The Department of State reported in the September 2010 visa bulletin (http://www.travel.state.gov/visa/bulletin/bulletin_5113.html) that applicants who are spouses or children of greencard holders (filed as late as January 1, 2010) can now be processed for greencards. This is true for applicants from all countries except Mexico and the Dominican Republic, whose priority dates aren't far behind either: January 1, 2009.
What is a a "priority date," you ask? A "priority date" is a legal term of art that can be exceedingly hard to explain (especially in a blog), but I'll try. Let's start with basics. There is a quota on how many immigrants can come legally to the country per year. Imagine the quota like it is a long line of people lining up for a greencard. The people at the front of the line are those whose relative petitions were filed earliest, ie those with the earliest "priority date." A priority date is established on the date that your petition is received by the USCIS. Of course, the earlier your priority date, the sooner you can later ask for greencard status. Generally, priority dates always move forward, but these dates can also go backwards, and if applications aren't received by USCIS before this "retrogression" happens, applicants are back to the waiting game.
In the past month, the (F2A) priority date in the the family-based second preference category (ie for spouses and children of greencard holders) advanced from March 2009 to January 2010! This has made an incredible difference to those who have been waiting to be reunited with their spouses and children, rather than expecting a year or more of wait, this category of new immigrants can now start processing their greencard applications. If you would like assistance in making sure that your application can be made as quickly as possible, contact the attorneys at Fong & Chun, LLP before those dates retrogress. --ecf
More... (http://www.immigrationvisaattorneyblog.com/2010/09/relatives-of-permanent-residen.html)
more...
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sobers
04-05 09:19 AM
gc 2010
this issue has been discussed in-depth before and sorted out.
edited by moderator...no personal comments please
this issue has been discussed in-depth before and sorted out.
edited by moderator...no personal comments please
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sumansk
11-29 11:26 AM
Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
more...
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awi_ok
02-19 09:10 AM
Dear experts,
Please comment and/or suggest.
Thanks,
T.
Please comment and/or suggest.
Thanks,
T.
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wandmaker
01-10 01:02 AM
1, Manner of Last Entry into the U.S.: Should I choose PAR (PAROLEE) or H1B (SPECIALITY OCCUPATION)?
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Your status is Parolee for 1,2 and 3
2, Status: Should I choose PAR (PAROLEE) or H1B(SPECIALITY OCCUPATION)?
3, Please select your eligibility status : Should I choose (a) (4) PAROLEE or (c) (9) FILED I-485?
Your status is Parolee for 1,2 and 3
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SlowRoasted
05-22 10:14 PM
i dont like where the money text is. should be in one of the corners.
rbkrao
06-29 10:07 PM
The victim was an immigrant like us and became a naturalized citizen here.
No one knows the motive behind the attack, it is still being investigated.
It was posted here to caution the immigrants of these attacks (just like in Australia).
No one knows the motive behind the attack, it is still being investigated.
It was posted here to caution the immigrants of these attacks (just like in Australia).
GlobeTrotter100
10-11 09:51 AM
H1 processing for 2nd time : First 6 yrs on H1 over!
My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.
Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?
Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?
When will I be able to enter the US : after Nov.2008 or Oct.2009.
Any inputs in this regard will be highly appreciated. Thanks in advance.
My 6 yrs of stay on H1 gets over in November 2007. I have not applied for GC. I know that I need to stay outside the US for a period of 1 year before starting a new H1. I will be going back to my country in November.
Can I find a company which will apply for H1 for me in April 2008 and enter US in Nov.2008 (after I complete 1 year stay outside the US)?
Am I eligible to apply immediately in April 2008? Or do I need to complete 1 yr of stay outside the US before even applying for a fresh H1?
When will I be able to enter the US : after Nov.2008 or Oct.2009.
Any inputs in this regard will be highly appreciated. Thanks in advance.
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