rajsenthil
08-17 10:41 AM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
I have got valid H1 and B1 (expires 2013) stamped. The consulate did not cancel my B1 when I went for H1. Again it depends on the interviewer, for few of my colleagues, they cancelled the B1 and issued the H1.
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
I have got valid H1 and B1 (expires 2013) stamped. The consulate did not cancel my B1 when I went for H1. Again it depends on the interviewer, for few of my colleagues, they cancelled the B1 and issued the H1.
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ItIsNotFunny
03-04 05:52 PM
Sorry!!! Handle?? Short Name??? I did not get it
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Your handle is sliggggghhhhhhtly longer than usual. Was just making 2 seconds fun. Please don't mind :)
surabhi
05-28 10:23 AM
It should be from the date of approval, but USCIS seem to optimizing the process to make it valid from previous EAD expiry date
see page 2 in the following link
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
relevant text is reproduced here
Second, the Ombudsman recommended that USCIS issue Employment Authorization
Documents valid as of the date any previoua EAD expires.
USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.
Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.
Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.
Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
progress on this front.
see page 2 in the following link
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_25_EAD_USCIS_Response-06-20-06.pdf
relevant text is reproduced here
Second, the Ombudsman recommended that USCIS issue Employment Authorization
Documents valid as of the date any previoua EAD expires.
USCIS processes a large number of applications for EAbs through a highly productive automated batch processing system, which has significantly decreased EAD processing times and allowed for resources to be devoted to other adjudication tasks, thereby resulting in improved customer service. At present, the validity period on these batch processed EADs begins on the date that the application is approved, not the date that a previous EAD expired.
Abandoning automated batch processing would require USCIS to divert immense resources fromm adjustment applications to the adjudication of interim benefits (i.e., EAD applicati~ns). Although some customers would benefit fiom receiving an EAD that is valid fiom the date their current EAD expires rather than the date their EAD applications are approved, the overall result would be quite negative since it would divert adjudicative resources to interim benefit processing.
Not only would USCIS and its customers be iil-served by such a change in the process, but such a change would run contrary to the Ombudsman's recommendation that USCIS davate more resources to upiiont processing of adjustment applications and less to the processing of interim benefits. USCIS does agree with the Ombudsman that when a customer files a timely renewal application for an EAD, it would be preferable to synchronize the validity dates of new and expiring EADs. USCIS believes that improved productivity through technology and automation is the future of immigration benefit adjudication, and that the batch process is an important step in that direction.
Accordingly, USCIS is assessing the possibilities of integrating synchronization of EAD validity dates into the present batch system. USCIS will keep the Ombudsman apprised of any significant
progress on this front.
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rotucan
12-12 06:16 PM
I have also OPT card with a A# and another alien number with 485.. I went to INFOPASS, the IO said that there is no problem.. the one in the OPT is a temporal number.... the new alien from 485 is the permanent:o
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krishna_brc
02-15 11:26 PM
Hi,
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
You can take any job as long as the duties of the new job falls under the
Job Code 15-1021.00. which is your original approved labor job code.
Any thing other than that is a straight NO.
ALSO PLEASE UPDATE YOUR PROFILE
Can someone please clarify with AC21 can I take up a job Position as "IT PROJECT MANAGER 11-3021.00" whereas my EB3 Labor is filed as "Computer Programmers - 15-1021.00" ?
My I-485 is still pending past 180 days and I-140 is approved.
Thanks so much in advance for replying.
You can take any job as long as the duties of the new job falls under the
Job Code 15-1021.00. which is your original approved labor job code.
Any thing other than that is a straight NO.
ALSO PLEASE UPDATE YOUR PROFILE
kshitijnt
12-02 06:29 PM
When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
more...
sweet_jungle
12-12 10:51 PM
Wife's EAD changed to "card production ordered", after a tiresome wait of almost 4 months. This was after 2 expedite faxes and 1 infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.
It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.
Moral of the story : take passport for FP, infopass, etc. all the time.
Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!
lets see what happens at infopass.
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snathan
05-24 04:01 PM
Please work with hellomms and provide all the information to him to proceed further.
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MrDesi
02-07 09:47 AM
Hi Friends
May be it is repeated and simple question, but some how critical to me.
Experts, Please help me in addressing this,
BackGround:
A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.
B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.
C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.
Questions:
1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
Please share your experiences if any and possible questions during interview.
2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?
3) Do volunterily mention about the 485 pending or officer might ask ?
Thanks a Lot.
May be it is repeated and simple question, but some how critical to me.
Experts, Please help me in addressing this,
BackGround:
A. Currently working in Comp A and have both Labor & 140 cleared recently, 6year term of 1st H1 is valid till Oct 2009.
B. Parallel have applied 485 through company B (Labor & 140 cleared) on May 2008 thourgh TSC under EB2. Also got EAD for 2years, AP and Finger print complete.
C. I had successfully completed stamping once in canada. At that time i never had filed for labor from any company.
Questions:
1) Planning to go for H1 ext stamping in Canada through comp A which is valid till Nov 2009, mentioning YES & entering both Comp A & Comp B for Question 36 in DS 156 (has any one ever filed imigrant visa petition) would create further questions?
Please share your experiences if any and possible questions during interview.
2) Assuming successful stamping in canada , will there be any addition questions on the way back to USA in port of entry based on this 485 pending through Company B and H1 extended through Comp A?
3) Do volunterily mention about the 485 pending or officer might ask ?
Thanks a Lot.
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voldemar
12-31 02:30 PM
If your wife wants to work, then, of course, both of you have to be on EAD.That's not correct. Primary applicant could be on H1 and dependent use EAD. When dependent starts using EAD it doesn't affect primary applicant.
more...
tabletpc
08-23 02:59 PM
But using AC21 without having I-140 approved is big risk..u never know how the X emplyer might treat communication with USCICS with RFE is received.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
I am presuming many r in a situation where they ahve i-140 pending and 485 filed.
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rockstart
10-07 01:16 PM
You were on dual status till Sep 30th which is AOS & H1B. From Oct 1st your H1B has expired but you are in country on AOS status. You have a valid EAD that will allow you to work. So no worries as far as status issue goes. I know many folks who have willingly let their H1B expire and moved to EAD.
If you need to move back to H1B it is possible your lawyer needs to file a Nunc Pro Tunc H1 application so that it is backdates to Oct 1st.
If you need to move back to H1B it is possible your lawyer needs to file a Nunc Pro Tunc H1 application so that it is backdates to Oct 1st.
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khris49
10-21 11:56 AM
I have 2 approved I-140s from same company with which I am currently working. One PD is end 2004 and another is end 2005.
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
My I-485 was filed last July with PD end 2004 (I-140 was approved way back in 2006).
Recently, an ombudsman inquiry revealed my PD to be end 2005 and not end 2004. The 140 with PD end 2005 was never used to file 485.
Anybody with similar experience?
How do I get this corrected?
My category is EB2 India.
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
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sankap
07-20 01:47 PM
If we register our marriage in the US, say, today, wouldn't that conflict with the marriage affidavits we submitted for H4 etc? Those bear the wedding's original date.
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dba9ioracle
09-22 12:37 PM
If employer is asking pay cut becuase he is in trouble, you should change the job. I don't think he will do anything (or pay you douple), if you are in trouble even if he is making good money. Move on..
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eyeopeners05@yahoo.com
04-30 01:26 PM
So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?
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reachinus
08-07 10:03 AM
Really a very good one. I may be one of the infected person as well. Thanks for the post.
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singhsa3
09-15 11:47 AM
Folks there are three threads on the forum that are targeting the similar objective.
http://immigrationvoice.org/forum/showthread.php?t=21340
and
http://immigrationvoice.org/forum/showthread.php?t=21453
and
http://immigrationvoice.org/forum/showthread.php?t=21493
Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action.
Please RSVP
This meeting is online and is for an hour.
http://immigrationvoice.org/forum/showthread.php?t=21340
and
http://immigrationvoice.org/forum/showthread.php?t=21453
and
http://immigrationvoice.org/forum/showthread.php?t=21493
Please join on the IV CHAT on Wednesday (09/17/08) 9:30 PM Eastern Standard Time to discuss one course of action.
Please RSVP
This meeting is online and is for an hour.
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sbmallik
09-10 10:00 AM
I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
Thanks
Theo
Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.
pointlesswait
12-29 11:34 AM
When you apply for H1 transfer..they transfer the current H1.
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
STAmisha
11-16 03:08 PM
Abybody who has done this, please post it
