AC21 Portability and Related Issues
Quote:
Both me & my wife have EAD and have our full time job. My question is , it is possible for us to start a new LLC ??
Quote:
Both me & my wife have EAD and have our full time job. My question is , it is possible for us to start a new LLC ??
I got laid off from work from my present employer on October 31, 2008 and I have 3 questions.
Presently, my employer has sponsored both my H1B (completed initial period of 6 years) and Green Card (EB-2, with priority date 2006). I have filled my I-485 in July 2007 and is currently pending. My I-140 has been approved 2 years ago and my employer promised that he will not revoke it. I have approved EAD & AP both for the primary and dependent.
Quote:
I would like to be on my H1B even with the new employer. To my knowledge we should file a new H1B within a month but due to the market situation if I have to get on to EAD then can I get back to H1B? If yes then with in how many days should I apply for H1B?
Thanks for the great job done by Aruna. I got I-140 in less that 1 month. . I hope my 485 also clear with same process speed. Rajiv and team are very organized in documentation that reduces lot of time by avoiding queries to the case. Because of the efficiency in the way my case was handled. I sincerely recommend their services.
Thanks to Mr. Rajiv Khanna and his Team. Best Regards for their Good work. I got my DOL certification within a week . Thank you again all
Thanks to the good work done by Aruna, my I-140 got approved in less than 3 weeks. Aruna was always prompt in returning my calls/emails and quickly clarified any queries I had. And she was very good in coordinating with my employer during the process of filling the forms.
Because of the efficiency in the way my case was handled I didn't feel any pain at all in this crucial step towards my GC. I sincerely recommend their services.
Finally I got my 485 approved Today . I had really good service from this firm in my green card process. I strongly recommend them to any one looking for Immigration help.
Thanks especially to Mr.Mathew Chacko, Kumuda Prasad, Hellen Anchillo who have helped during this process.
I Just got license today... that too without birth certificate...
It happened like this...
I was trying for license in different DMVs... last week went to a DMV near to my house.. there they dont have facility for written test, vision test etc..
But they processed my application. The lady at the counter was nice enough and didnt mind my name problem in VISA.. she took photo and and signature.. then said, as i dont have a usa license, i've to take written test.. for that i need to go another DMV. And she issued a letter saying that..
Rules are strictly followed here. Only thing we need to wait for a long time.. This is what I did to correct my name everywhere
1. April 2005 - FNU - Passport, Visa
2. July 2005 - because of this SSN got delayed for 4 months and received with FNU
3. July 2005 - DMV refused to give license, because they cannot give license with FNU.
4. July 2005 - Enquired local newspapers in Philly - They told that I need to get court order number
I got my first TN in 07/96 and was content working with that until the Pigeon River point of entry decided that the TN for health care worker was good only for 6 months with the second one at no charge. Back then, dual intent was either ignored or didn't exist for TNs so I started the immigration process. I was in Kansas, so my labor cert took 2 years because there was only one person in Topeka working on them. If I lived in New Jersey, it would have been approved in a month. Once it was approved, I filed the I-140 and after that was approved, the I-485. There was no H1B involved.
I've been in the US for 13 of the last 14 years and over the years I've obtained 6 different TN's and I've been on an H1b for a total of 8 years. I was voluntarily out of the country for 1 year about 5 years ago, which reset my H1b clock.
The last status I had was a TN and that was after I was married to a USC (we were still deciding what country we'd live in) and finally I filed for my GC. My EAD was approved 2 weeks prior to my TN expiring and now I am just waiting for my GC Interview in 4 weeks.
I just want to let you all know about my interview.
So, we had our interview in Tampa. We waited for about an hour and begin to get worried when people arriving after us started to get called in. Eventually after waiting for an hour we were called. the officer was nice and courteous. He asked for our ID's then a few questions about how and when we came about living on this planet. Then he
The interview took place @ 11:45 a.m. but we had been there for over an hour. There were at least another 50 couples waiting and as some couples left new couples would arrive, so the room had about 100 people waiting at all times.
The questions I had - I am very grateful.
Now to the story about my interview experience today: My appointment was at 1:30PM but we arrived there at 1:05PM and we were called in like 5minutes later. The officer was very nice and he started off by making small talk about how deep my voice was when I answered him. This was as we walked down the hallway towards his office.
Hey guys just wanted to share my experience with everyone.I arrived 45 minutes early,didn't get called in until 30 minutes after my scheduled time.Anyway the officer was very polite,which put my wife and myself at ease,we were not nervous,just extremely anxious and ready to get it over with.First thing that was asked for was our id's(dl's) and my wife's proof of citizenship,next we swore to tell the truth.After that we were asked together where do we live,how many people live with us,how long have we lived there.Next came the infamous No questions and of course I answered no to all.A
Guys,
We got approved at the LA DO office this morning and wanted share our experience.
Our appt was scheduled for 9:35 am and we got in the waiting room at 9am. Submitted the appt letter to a lady and waited for our names to be called. I would say 8 out of 10 pple had their lawyers with them. I used my lawyer to file the paperwork but saw no point bringing him for the interview paying $650 extra. However, we consulted with the lawyer last week to prep for the interview.
We had our interview today in Los Angeles at 10:35 am. Up to now, I'm still a bit confused and worried whether or not my Green Card has been approved. The officer simply told us that he has to wait for a background check (without looking into his computer) before he can make his final decision. He says it usually takes 30 days. He also didn't discuss anything about conditional status. However, there was no sign of doubt on his side when we presented our evidences. In fact, my husband and I felt that the interview went well.
We just had a very nice and quick interview at the Los Angeles DO!
Now, my case is pretty complicated and i was anticipating a very difficult interview. I have overstayed my B2 visa for a few years. On top of that, in my B2 visa application, I declared myself as married even if i had been separated from my husband for many years. A couple of years ago, i found out that the marriage was not even valid.
First of all I want to thank God for His favour upon us during the entire interview. I will also like to say a big "Thank you" to everyone on this forum. After I found this forum we did not need any lawyer again.
We got to the interview about 45mins earlier. About an hour later a young lady came out to call our names. We got up and met her at the door. She said she will like to talk to me first and I followed her to her office. She was very pleasant & laugh went I told her how we met.
She ask me the follow:
I had my interview in downtown L.A and my experience was extremely pleasant. There was a parking structure right in front of the federal building that charged 13.20 for all day parking. My interview was on November 17th, 2008 at 2:15 pm and I left 2 hours earlier than usual. Good thing because there was a very long line into the federal building itself .It took me 30 minutes before I got to security point. So it was until 2:00 pm when I was able to get into the building.
Hello All,
Following are my Dates:
Application Mailed: Dec 18, 2007
Priority Date: Dec 27, 2007
Finger Printing: Feb 01, 2008
Interview: Oct 23, 2008
Oath: Nov 07, 2008
Total Time Around: 10 to 11 months.
My Interview was scheduled at 8.50 am today and my wife's was at 9.15 am. Reached the location at around 8.35 am. Submitted the forms and were asked to wait for the name to be called.
Folks, Here is our experience. My wife and I passed our Naturalization interview and got our oath letter same day for Nov 19 th 2008.
Chicago DO office is on 101 Congress Parkway. There is cheap parking on intersection of Clark and Polk St. $14 for all day. Can come and go out any time. We got there at 12:40 for a 1:15 interview. Parked our car. Went through security. We had our kids with us.
1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.
2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
FAQ Transcript
Answer 1. People typically file a FOIA request. File the Form G-639 (Form G-639 - USCIS). Often you get copies of all kinds of documents. Government gives you copies of documents they have on you. It is not consistent but people have got copies of their 140 approval notices, copies of their H-1 approval notices, the entire perm package. So it is worth filing a FOIA and it doesn’t cost you anything. It can take a little bit of time a couple of months maybe three months but do file it if you don’t have documentation. You can port the Priority Date with your alien number itself and receipt number as well. It should not need a I-140 approval notice. Remember the government has that information already. They don’t specifically need it from you.
Answer 2. By all means file the form. File G-639 and not I-824. File G-639 and let’s see what they give you.
I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017.
1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?
3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?
5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?
7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?
8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.
9. Can my employer continue to pay severance checks when I am on B-2 status?
10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?
11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?
12. What other words of wisdom do you have for me?
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
Answer 1. Not even one day. However when you are getting paid can you not make the argument that since you are getting paid you are still maintaining status. That’s a slightly unpredictable argument. It can cut both ways. An example: I did a consultation on garden leave. Garden leave is very common in the financial industry. The employer lets you resign or if they lay you off they will pay you for the couple of months but they don’t want you to join another employer. The idea is you should not be able to take their information which is current and apply to a competitor. So in that case those pay checks are strongly set to keep you in status because it is full salary and they are maintaining control over you and they are not letting you do what you please . And that’s the assumption.
However severance pay… government has at one point said that they don’t consider severance pay to maintenance of status because severance pay seems to be a part of an arrangement were this is not salary you are basically just getting paid sought of a bonus to part company and I have doubts about that . I do not believe that to be a very good legal opinion from the government. I feel as long as my salary amount is getting paid, my deductions are being made, it is does not matter if I have a job or not. So you can certainly argue that. Severance pay doubtful, something like garden leave or regular leave coming out your way is probably ok to maintain status.
Answer 2. Not really. Understand the difference between out of status and unlawful presence. These are two different concepts. If you are on H-1 and you get laid off you are out of status the next day. But you are not unlawfully present until your H-1 is revoked or until your 1-94 expires. For sure unlawful presence begins when 1-94 expires. So unlawful presence and out of status are two different things. You are out of status the following day but you may not be unlawfully present until you’re I-94 expires or revocation of the H-1 occurs. Consequences of being out of status and unlawful presence are quite different. You are out of status that is no bar from getting another H-1B visa, another H-4, L-1, L-2 maybe a problem for F-1 or B-1 visas that have rather weak basis but for H-,4 H-1, L-1, L-2 or even O-1 or E-3 this is not a problem. On the other hand if you are unlawfully present for 180 days you are barred from green card or work visa for three years to ten years if you are unlawfully present for one year. So you can’t come back without a waiver and waivers are limited.
Answer 3. No because you don’t have a job. If you use the same visa to come back in, that could be fraud.
Answer 4. The answer is yes and why not. Government has never made a formal announcement that they will not accept severance as indicative of violation of status. So definitely use them.
Answer 5. That’s between you and your new employer. Immigration law does not require you to inform your new employer about termination by the old employer.
Answer 6. It can be many months but revocation should be retroactive so if your employer sent a revocation request which reaches USCIS today even if they act on it three months down the line they will back date it to today. Revocation is effective on the date revocation request is received.
Answer 7. It is up to USCIS, they might allow you status if the facts of your case is such that they require some sympathetic consideration but normally if you are out of status even one day government is well within its right to refuse to issue you status within the country. In these cases I always advice people to file premium processing soon so you know rather quickly were you stand.
Answer 8. B-2 application to maintain status is acceptable sometimes and also objectionable by the government. You can try, you can tell them that you were laid off unexpectedly and you have enough money to support yourself and you will not work without authorization, and that as soon as you find another employer you will immediately apply for an H-1. When all these things are said and done I think you can make a case for a B-2.
Sometimes government has come back and said we cannot give you a B-2 but as long as you get it filed before your current H-1 expires at least you have the right to stay in the US. You can argue in what is called authorized period of stay. But the problem is this. Something you need to be aware of. Let’s say your status is expired you have filed for B-2 and it is pending now you found a job remember an H-1 transfer within US will be approved only (most cases) if the pending B-2 has been approved in your favor by the time USCIS decides the H-1 transfer. If the case is still pending they will not give you status within USA, they will ask you to go for visa stamping. That is not a problem. You can do that but be mindful of that. If the B-2 is still pending or the B-2 is denied you will have to leave USA. The only time you get H-1B within USA is if by the time they decide your second H-1and your B-2 is already approved in your favor.
You will be cap exempt. That is not a problem because cap just says if you have been approved anytime in the last six years you are not subject to the quota.
Answer 9. Why not. On the one hand we are arguing that’s keeping you in status. On the other government could take the position that means you are violating status and I would say “no” because that is payment for work already done. They are giving me severance not because I am working for them; it’s because I already worked for them and this is either a payment for work already done or part of the arrangement while I was working. In order for employment to be unauthorized there must be a payment or remuneration as well as work. If there is payment without work or work without payment I think that is a good argument that’s not an unauthorized employment.
Answer 11. There is no consistency. I have seen them ignore not even one day they will come back and say no you were out of status for one day, in some situations they have done for two or three months. Most of the times they are not tolerant of this issue at all.
Answer 12. I think B-2is a good idea as long as you understand the implications of a B-2.
Hi,
Thanks to the Entire Team of Mr.Rajiv Khanna, especially Subha & Aruna who did a excellent job in getting my Labour & I-140 Approval. GREAT JOB!!!!!!!!!! and Excellent Service.
Once again Thanks to Aruna & Subha.