Macaca
02-15 02:03 PM
Credibility is lost if dissenting views are deleted. Let's agree to disagree AMICABLY.
Let's agree to disagree- I am very uncomfortable with the attacks on those who share dissenting views or who attack IV core team etc. Let's not forget that we're a democracy and thus entitled to share dissenting views - it is actually healthy.
On the other hand, at the end of a slugfest, we should make some progress. I have not seen any progress in all slugfests. My previous post has an example.
In my own very narrow/assinine/conceted/... way, progress is contributing to IV. Hence, I am focussed on progress in following.
Core is negotiating with a lobbying firm. I understand that QGA was paid 60K.
1. Where is the money for the lobbying firm?
2. Whose problem is it to arrange money for the lobbying firm?
3. How does discussing any issue in the forums help us in arranging money for the lobbying firm?
Let's agree to disagree- I am very uncomfortable with the attacks on those who share dissenting views or who attack IV core team etc. Let's not forget that we're a democracy and thus entitled to share dissenting views - it is actually healthy.
On the other hand, at the end of a slugfest, we should make some progress. I have not seen any progress in all slugfests. My previous post has an example.
In my own very narrow/assinine/conceted/... way, progress is contributing to IV. Hence, I am focussed on progress in following.
Core is negotiating with a lobbying firm. I understand that QGA was paid 60K.
1. Where is the money for the lobbying firm?
2. Whose problem is it to arrange money for the lobbying firm?
3. How does discussing any issue in the forums help us in arranging money for the lobbying firm?
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furiouspride
04-17 01:51 PM
I dont see any issues here. he is applicable, he has required skill and education. he should be file for EB2
The fact that he's asking whether he qualifies for one, on an online forum,shows his level of skill and education. Enough said :)
The fact that he's asking whether he qualifies for one, on an online forum,shows his level of skill and education. Enough said :)
h1techSlave
07-10 09:33 PM
As per our lawyers, right now USCIS is in the process of entering our applications in their system (for date of receipt and such). There was a memo from USCIS saying that they will be done with the job of data entry by August 1.
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
From August 1, we can expect either rejection or acceptance of the actual application. The hope is that a court/congressional intervention before August 1 will change the USCIS action of rejection into acceptance.
Flowers to Condi; any body?
Cheers,
h1techSlave
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javadeveloper
11-25 12:04 AM
There are both advantages and disadvantages, but if you haven't consumed full 6 years of H1B, going on EAD has certain advantages.
Even my company recommends to use EAD to stop utilizing H1B time.As per http://immigration-information.com/forums/showpost.php?p=18946&postcount=28 it's definitely better to switch to EAD.I used 4.5 years of H1B and switched to EAD.
Even my company recommends to use EAD to stop utilizing H1B time.As per http://immigration-information.com/forums/showpost.php?p=18946&postcount=28 it's definitely better to switch to EAD.I used 4.5 years of H1B and switched to EAD.
more...
webm
08-27 12:31 PM
what DEC 2001 ? Is this for India China or rest of the world?
It's mostly EB3-I/ROW aswell..
It's mostly EB3-I/ROW aswell..
ganguteli
04-28 09:56 AM
I dont generalize the L1 abuse. This is how it works L1 is meant for company transfer and not to work on consulting positions across United states. Please read the law completely before you know what you are talking about. These L1 people come through intra company transfer and work on $10/ hr jobs undermining the folks on H1-b and L1's too. I dont know about your case and i dont want to comment on it too but do see my point. Please just dont oppose because you have to.
L1's working for consulting should be stopped , it should be meant as intra company transfer for learning and implementation of company projects and not to work at client sites. Thats the law my friend.
Fake profile alert!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! More reds to you
Green Card Category
EB3
Nationality
India
Country of Chargeability
India
Service Center
Nebraska
Labor Type
Regular
Perm Center
Others
Labor Approval Date
01/12/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
01/12/2004
I140 Filing Type
Regular
I140 USCIS Rcvd Date
01/12/2004
I140 Rcpt Notice Date
01/12/2004
I140 RFE Date
01/12/2004
I140 Approval Date
01/12/2004
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
I485 Mailed Date
01/12/2004
I485 USCIS Rcvd Date
01/12/2004
I485 Rcpt Notice Date
01/12/2004
Finger Print Notice Date
01/12/2004
I485 RFE Notice Date
01/12/2004
Application Status
Approved
I485 Approval Date
01/12/2004
EAD Mailed Date
01/12/2004
EAD RFE Date
01/12/2004
EAD Approval Date
01/12/2004
AP Mailed Date
01/12/2004
AP RFE Date
01/12/2004
AP Approval Date
01/12/2004
L1's working for consulting should be stopped , it should be meant as intra company transfer for learning and implementation of company projects and not to work at client sites. Thats the law my friend.
Fake profile alert!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! More reds to you
Green Card Category
EB3
Nationality
India
Country of Chargeability
India
Service Center
Nebraska
Labor Type
Regular
Perm Center
Others
Labor Approval Date
01/12/2004
I140-I485 Concurrent Filing
Yes
I140 Mailed Date
01/12/2004
I140 Filing Type
Regular
I140 USCIS Rcvd Date
01/12/2004
I140 Rcpt Notice Date
01/12/2004
I140 RFE Date
01/12/2004
I140 Approval Date
01/12/2004
July 2007 Filer
No
Adjustment of Status Application Type
Adjustment of Status (I-485)
I485 Mailed Date
01/12/2004
I485 USCIS Rcvd Date
01/12/2004
I485 Rcpt Notice Date
01/12/2004
Finger Print Notice Date
01/12/2004
I485 RFE Notice Date
01/12/2004
Application Status
Approved
I485 Approval Date
01/12/2004
EAD Mailed Date
01/12/2004
EAD RFE Date
01/12/2004
EAD Approval Date
01/12/2004
AP Mailed Date
01/12/2004
AP RFE Date
01/12/2004
AP Approval Date
01/12/2004
more...
zCool
01-31 11:02 AM
Those who are celebrating .. consider this.. your employer decides for any reason to not continue filing I-140 or decides to let you go in 6th yr.. earlier you used to have at least possibility of sub labor.. now you are basically straight out of luck.. Also if microsoft needed some genius from China or India to join their team and the guy obviously deserves special consideration due to business need and/or his talent.. they are stuck..! It's not good.. yes desi folks were selling and buying these but remedy is worse than the defect.. they could have made changes to rules to make it stringent and almost impossible to get but no reason to place such arbitraty deadlines etc.. if H1B and GC is geared towards desi consulting.. it's should not and will not exist in the long run..
Indentured servitude and middle-men agent type business model is not ideal for anyone including US economy..
Indentured servitude and middle-men agent type business model is not ideal for anyone including US economy..
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nandakumar
04-18 12:02 PM
For the past 2 weeks many times I emailed/called most of my friends with our situation, only couple of them made contributions. Looks like most of them wants free lunch:mad:
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centaur
03-20 07:13 PM
You need to find a new employer and a new sponsor. Sorry its harsh but its the best advice we can give you.
I doubt anyone has been through my situation because most of you are high or higher-paid IT professionals. In my case, my company's immigration attorneys have been requesting the prevailing wage over and over for more than a year noiw (in order to get me started with PERM) but the prevailing wage always comes back way higher than what I am getting paid! Evidently, I am severely underpaid, and there is no light at the end of my tunnel unless my company matches the prevailing wage, which I doubt they will do. I used to laugh at those that called H1B the "modern day slavery", but now I am not laughing anymore. Has anyone at all been through this ordeal and can at least share a shoulder to cry on? Thanks guys
I doubt anyone has been through my situation because most of you are high or higher-paid IT professionals. In my case, my company's immigration attorneys have been requesting the prevailing wage over and over for more than a year noiw (in order to get me started with PERM) but the prevailing wage always comes back way higher than what I am getting paid! Evidently, I am severely underpaid, and there is no light at the end of my tunnel unless my company matches the prevailing wage, which I doubt they will do. I used to laugh at those that called H1B the "modern day slavery", but now I am not laughing anymore. Has anyone at all been through this ordeal and can at least share a shoulder to cry on? Thanks guys
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deletedUser459
06-13 01:02 PM
because I'm a green lover here's a greenish from me (-:
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good job
how awesome would it be if the screen actually did look like that?
good job
more...
ghost
04-19 11:44 AM
- 2004 filed for Labor and started EB3 process.
- Company got acquired in later years . Filed new I140 ( I think it is called successor-in-interest)
- Recently started fresh EB2 process for interfiling of EB3 to EB2 . GC approved.
Thanks,
Jimytomy
Congratulations...it's painful to see EB-3 folks wait for so many years and then hear EB-2 folks complaining about porting! Hopefully, all of us will come together and realize that the only way for us to get out of this mess is by supporting IV goals (no country limits, recapture, etc.).
- Company got acquired in later years . Filed new I140 ( I think it is called successor-in-interest)
- Recently started fresh EB2 process for interfiling of EB3 to EB2 . GC approved.
Thanks,
Jimytomy
Congratulations...it's painful to see EB-3 folks wait for so many years and then hear EB-2 folks complaining about porting! Hopefully, all of us will come together and realize that the only way for us to get out of this mess is by supporting IV goals (no country limits, recapture, etc.).
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JazzByTheBay
01-11 12:41 AM
"We are ready to donate, if...." is the wrongest line of thought - if there ever was one. If you believe in a cause, you donate - it's never conditional.
Donating is generally associated with charity - you don't benefit from it directly. [Don't pull up the dictionary for this.. this is more about the spirit of the term rather than the literal definitions.]
So you're not really donating to Immigration Voice. Donating is the wrong term to use!
What you're doing is contributing - to an effort that's likely to benefit you directly. It's not for educating children in a poor African or Asian nation, or for the welfare of some community struck by a natural calamity, or for breast cancer research. It's for something that can potentially benefit you directly. I use the word potentially because it's no guarantee IV will succeed in its endeavors in the time frame you and I have in mind.
IV does not control the USCIS or the DoS or the lawmakers, so it can't really grant your wishes or conditions for contributing.
With that in mind, if you believe IV is one organization that's working for its members, you can join the effort by contributing whatever you can.
Or, if I may say so, quit whining. All this whining in forums reminds me of the story of the guy who was about to drown in the ocean and kept on praying to God to come and save him, ignoring the different saviors God sent to rescue him. Or the guy who kept on praying to God that he could win the lottery - but never went and bought a lottery ticket! If you're waiting for God to magically place the winning lottery ticket in your wallet or closet, I have a bridge to sell you.
As far as the red and green dots in your profile go - just ignore them!
jazz
You are right..it takes time and effort, and money too. We are ready to donate, if we are allowed to file EAD after 140 clearance immeditely, ,irrespective of EB-2 or EB-3. However, do not reply saying that you need to donate first as this is not how we think. There are a whole bunch of friends who are of the same opinion.
And what is this with so many reds besides my name..wat is this?? Ppl venting their own Frustration on others.
Donating is generally associated with charity - you don't benefit from it directly. [Don't pull up the dictionary for this.. this is more about the spirit of the term rather than the literal definitions.]
So you're not really donating to Immigration Voice. Donating is the wrong term to use!
What you're doing is contributing - to an effort that's likely to benefit you directly. It's not for educating children in a poor African or Asian nation, or for the welfare of some community struck by a natural calamity, or for breast cancer research. It's for something that can potentially benefit you directly. I use the word potentially because it's no guarantee IV will succeed in its endeavors in the time frame you and I have in mind.
IV does not control the USCIS or the DoS or the lawmakers, so it can't really grant your wishes or conditions for contributing.
With that in mind, if you believe IV is one organization that's working for its members, you can join the effort by contributing whatever you can.
Or, if I may say so, quit whining. All this whining in forums reminds me of the story of the guy who was about to drown in the ocean and kept on praying to God to come and save him, ignoring the different saviors God sent to rescue him. Or the guy who kept on praying to God that he could win the lottery - but never went and bought a lottery ticket! If you're waiting for God to magically place the winning lottery ticket in your wallet or closet, I have a bridge to sell you.
As far as the red and green dots in your profile go - just ignore them!
jazz
You are right..it takes time and effort, and money too. We are ready to donate, if we are allowed to file EAD after 140 clearance immeditely, ,irrespective of EB-2 or EB-3. However, do not reply saying that you need to donate first as this is not how we think. There are a whole bunch of friends who are of the same opinion.
And what is this with so many reds besides my name..wat is this?? Ppl venting their own Frustration on others.
more...
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marlon2006
06-09 03:45 PM
I agree with most of things you said. By the way, I called the office of the Honorable Attorney General Alberto Gonzales today. I sent e-mail messages as well. Obviously I don't even ask about fixes since he is not supposed to have that power. However, I requested a timeline on when the EB3 I-485 cut-off dates are supposed to move ahead. That is something he does have power to do.
Regarding your conclusion on our local IT professionals, I am not sure if that's always the case. I hope you are right.
Marlon2006,
I agree that it is very important to clear what is "rihgt", "privilege" and "symphaty". I tried to do that several times before and in order to avoid any misunderstanding have quoted below a part of one of my messages. Please read it carefully.
"I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege..."
Americans have the right to determine how many immigrants they need and how to handle this issue. But we have the right to follow clear and simple rules for that process. It seems to me that the way they currently handle the H1 immigrants has a lot to do with the "Las Vegas" type of business (gambling) - shall I get my LC approved, when will I get the LC approved, shall I get a GC, when can I get the GC etc. The rules change permanently and half a million hard working people are in limbo for a decade and more. That is not fair and this is what you have to explain to the Americans.
And, btw, if the local IT "professionals" you were debating with were so great, they would not be unemployed...
Regarding your conclusion on our local IT professionals, I am not sure if that's always the case. I hope you are right.
Marlon2006,
I agree that it is very important to clear what is "rihgt", "privilege" and "symphaty". I tried to do that several times before and in order to avoid any misunderstanding have quoted below a part of one of my messages. Please read it carefully.
"I do believe that I HAVE THE RIGHT to get my LCA adjudicated in 2-3 months time (OK, make it 6 months, having in mind you are dealing with an inefficient administration).
I do believe that I HAVE THE RIGHT to know in short term (2-3 months, not 3-4 years !) if I am eligible for permanent residency.
I do believe that I HAVE THE RIGHT to know how long (if approved) will take the I-485 process.
These are clear, simple questions that require clear, simple answers. Getting these answers (NO is also an answer) in a reasonable period of time is a right, not a privilege..."
Americans have the right to determine how many immigrants they need and how to handle this issue. But we have the right to follow clear and simple rules for that process. It seems to me that the way they currently handle the H1 immigrants has a lot to do with the "Las Vegas" type of business (gambling) - shall I get my LC approved, when will I get the LC approved, shall I get a GC, when can I get the GC etc. The rules change permanently and half a million hard working people are in limbo for a decade and more. That is not fair and this is what you have to explain to the Americans.
And, btw, if the local IT "professionals" you were debating with were so great, they would not be unemployed...
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coopheal
04-28 05:27 AM
Added to Wiki here After GC Dos and Donts (http://immigrationvoice.org/wiki/index.php/US_Life_After_GC)
more...
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gc_chahiye
11-02 01:05 PM
The GC system is entirely in our favor. It really does not benefit America in any significant way.
nope, if the alternative to the GC system is outsourcing (as you yourself mentioned) all the profits go to big corporations and our salaries are spent in India. The corporations are notorious for avoiding taxes so teh government gets nothing. By making us stay here longer (on H1 or GC) we end up spending our salaries here, paying taxes, paying social security, paying medicare.
65K H1-Bs earning 70k a year is 4.5 billion dollars. 140K new GC holders each year earning the same comes out to 10 billion dollars. Out of that taxes alone are an easy couple of billion or more dollars. Then take into account the side-effect (we buy cars, we buy appliances, we rent apartments) and the contributions we make to this economy are a lot.
And to say that we are stealing jobs is also inaccurate. There is nothing called stealing-a-job. In general every job is worth how much someone is willing to be paid to do it. If an American citizen wants 100K and the GC holder wants 90K and the H1-B visa guy wants 80K (and all of them are going to work in the same city and same office) the job is worth 80K. The H1-B visa holder is not stealing a job. The days of knowing HTML tags and commanding a salary of 100K a year (1999-2000) are long gone and now replaced by 'that kind of work gets done in India or Ukraine for 10k a year'. Looking at the resumes we got in response to job ads placed in the last 3 companies I worked for, there are simply not enough qualified americans interested. Thats a fact. So the IT sector needs help from abroad to get the job done. They can either send the work over, or bring the people here. Bringing the people here also benefits the rest of the economy.
nope, if the alternative to the GC system is outsourcing (as you yourself mentioned) all the profits go to big corporations and our salaries are spent in India. The corporations are notorious for avoiding taxes so teh government gets nothing. By making us stay here longer (on H1 or GC) we end up spending our salaries here, paying taxes, paying social security, paying medicare.
65K H1-Bs earning 70k a year is 4.5 billion dollars. 140K new GC holders each year earning the same comes out to 10 billion dollars. Out of that taxes alone are an easy couple of billion or more dollars. Then take into account the side-effect (we buy cars, we buy appliances, we rent apartments) and the contributions we make to this economy are a lot.
And to say that we are stealing jobs is also inaccurate. There is nothing called stealing-a-job. In general every job is worth how much someone is willing to be paid to do it. If an American citizen wants 100K and the GC holder wants 90K and the H1-B visa guy wants 80K (and all of them are going to work in the same city and same office) the job is worth 80K. The H1-B visa holder is not stealing a job. The days of knowing HTML tags and commanding a salary of 100K a year (1999-2000) are long gone and now replaced by 'that kind of work gets done in India or Ukraine for 10k a year'. Looking at the resumes we got in response to job ads placed in the last 3 companies I worked for, there are simply not enough qualified americans interested. Thats a fact. So the IT sector needs help from abroad to get the job done. They can either send the work over, or bring the people here. Bringing the people here also benefits the rest of the economy.
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shensh
02-12 01:31 PM
Just because a large number of IV members are EB2 Indians (based on the comments posted) doesn't mean that we should ignore the interest of EB3 ROW or EB3 Indian/Chinese.
Any talk about moving visa numbers from EB3-ROW to benefit EB2-India only divides us therefore should be despised. Let's focus on the real issue (supply & demand of EB visa in general) and serves the interest of all people suffering from this.
However, everytime someone talks about giving visa numbers from EB3-ROW to EB-2 India/China as the ONLY freaking thing in the world to do, I have to point it out to them that they are talking taking those visa numbers away from ROW-EB3. And that my friend, is not in the interest of ROW-EB3. Nor does it benefit India-EB3, or China EB-3.
Any talk about moving visa numbers from EB3-ROW to benefit EB2-India only divides us therefore should be despised. Let's focus on the real issue (supply & demand of EB visa in general) and serves the interest of all people suffering from this.
However, everytime someone talks about giving visa numbers from EB3-ROW to EB-2 India/China as the ONLY freaking thing in the world to do, I have to point it out to them that they are talking taking those visa numbers away from ROW-EB3. And that my friend, is not in the interest of ROW-EB3. Nor does it benefit India-EB3, or China EB-3.
more...
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cashah19
06-15 12:31 AM
Thanks guys for all the posts. I guess I have a little ignorant question. If I am married does my wife need to be here for me to file her 485. I am getting court marriage done in July 2007, and hope to file my 485 as soon as I have my marriage certificate, I am sure will be filing in July, but my wife won't be coming to the US till Jan 2008, which is when we have will have the ritualistic wedding. Does she need to be here for any paperwork. She could come on H4, but her parents won't let her stay for long. Does she need medical tests as well from civil surgeon when I file for her? I am hoping she can come in Jan on H4, and then get her EAD along with mine.
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confu
09-17 11:47 AM
5882 might be after the recess, as 6020 might take sometime.
MY VIEW ONLY.
I agree with your view
MY VIEW ONLY.
I agree with your view
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B3NKobe
05-31 01:01 AM
hey linux boy, you weren't supposed to change the original hardware at all.
Yeah what he said, skin the ipod not mod it.
Yeah what he said, skin the ipod not mod it.
Leo07
11-22 10:55 AM
I understand that I'm trying to chose a devil/insurance, which is lesser evil compared to the rest.
So, in that aspect, Comprehensive/Fixed appears to NOT matter at all. These are just pricey nouns. I can't believe that K.V.Rao's insurance lying publicly that it's a not-for-profit. These ridiculous kinds, stoop to such a level of cheating people with a Indian name on it.
I'm still open for any recommendations here. I appreciate all your comments & suggestions so far.
So, in that aspect, Comprehensive/Fixed appears to NOT matter at all. These are just pricey nouns. I can't believe that K.V.Rao's insurance lying publicly that it's a not-for-profit. These ridiculous kinds, stoop to such a level of cheating people with a Indian name on it.
I'm still open for any recommendations here. I appreciate all your comments & suggestions so far.
addsf345
08-20 12:58 PM
Here are the answers -
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
very good information. Thanks add78.
Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
1. with same employer, I actually got 3 years extension. (being 140 approved)
2. with diff. employer, would I get 3 years or just six months, or not at all?
You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.
You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.
You exit USA, You return to USA using AP.
Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"
Your Work Authorization for SAME (continuing) employer is H1-B
A.K.A. NO NEED to use EAD.
There is NO SUCH THING as H1-B Transfer
Every H1-B filing is a new one, USCIS checks if
1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
2) You have been counted against the H1-B before in the last 6 years or not.
So now after I-94 says "Parolee/Pending AOS", You CAN
A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
OR
B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
OR
C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.
Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.
between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.
Hope This Helps.
very good information. Thanks add78.
Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
1. with same employer, I actually got 3 years extension. (being 140 approved)
2. with diff. employer, would I get 3 years or just six months, or not at all?
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