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aasandsas

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Posts posted by aasandsas


  1. On 6/23/2021 at 1:29 AM, tensed12 said:

    I am on H1b, I have a i-140 approved with a pd of Oct 2010 from my ex employer.

    The current employer just started the perm and are very slow. Considering  my priority date is current, can i change employers ?

    If i change to another company will i get a 3 year h1b extension ?

     

     

    Based on the rule as it is written, you will only get single time 1yr extension when you change employer, your PD is current and I-485 AOS is not filed. A second extension is not possible unless there are circumstances beyond control(depends on how strict USCIS is) or I-485 is filed.

    Many people have got 3yr extensions in this situation as well, but it all depends on the lawyer and mood of USCIS officer. Good luck.


  2. H1B can be extended in 1yr increments when PD is current and I-485 is not filed. This is true for both renewals and change of employer petitions. Renewals can be done until final AOS is adjudicated. Relevant section is 106(b) under AC21.


    Some attorneys say that you can still get 3 year extensions under 104(c) if it is change of employer petition. Don’t know if this is true or not.

     


  3. On 6/13/2021 at 11:49 AM, Rakesh Nair said:

    Dear All,

    As per my understanding, I thought a person can always request for a 1 YR H1B extension, with an approved I-140 even after the

    Priority date is current. I read somewhere that as per new rule a person can only request 1 YR H1B extension only "within"

    1 year time frame after the Priority date is current as per visa bulletin. After the one year time frame the person cannot request for H1B extension even with approved I-140. I have an approved I140 (approved for more than 180 days) with an old employer but could never use it for filing 485...

    Please help provide some clarity.

    Thank you,

    Rakesh 


    I am in the same situation where my PD will be current in next VB and trying to change employer. I have not yet filed I-485.

    To the best of my knowledge one can get unlimited 1yr H1B extensions/change of employer time until AOS is adjudicated. This is when PD is current and I-485 is not filed. Also people maintain H1B status when on I-485 and leave employer on H1B before I-485 is adjudicated.

    Also I don’t know if recapture time during original H1B can be used. Attorney can confirm on these points.


  4. My EB2 priority date is Jan 2011 and my US Citizen child has speech developmental delays. My job will most likely move to different state soon. 

    My child was evaluated by Department of Social services to be eligible into this program and is enrolled into special education classes in separate school. 

    Has anybody got I-140 EAD under compelling circumstances for health reasons of dependent ? Would speech and cognitive developmental delays for US Citizen child be considered as compelling circumstances ? Thanks in advance.


  5. For USCIS, MS equates Bachelor + 5 years. If MS + 3 can be replaced with Bachelor + 5, that would mean MS = BS + 2. Such a case won't be EB2.

    Your case can only be in EB3.

    The above poster is incorrect in assuming MS = BS + 5. There is no official policy of USCIS on that part.

    Not true at all. You can list alternate requirements for EB2 positions. As long as minimum and alternate both qualify for EB2, the person will be eligible for EB2 classification by USCIS.


  6. My 4th H1-B stamping yes 4th.... 11 years on H1-B. Did my masters in US in 2002-04 and always FTE with 2 very global reputed companies in Finance area. Went with my wife who is on H-4 and has H-4 EAD

    9am slot and they have 500 people in one one hour slots. Stood in line around 8.30am and 200 people in front... 200 already inside and 100 or so behind me. Just all approx.

    The whole process is smooth and there is no chaos and security/consulate employees ensure order is maintained. Excellent process considering so many tense faces around.

    9.30am was inside the consulate post security and sat in covered pavilion. They send batches of 50 people inside every 10-15 min or so.

    My turn came at 10.15am at a random window post fingerprint verification again. No more token system.

    Passed my passport and I-797. He just glanced and gave me back my I-797.

    Questions to me. None to my wife at all. Officer was super cool.

    Who is your employer ?

    How many years you have been working ?

    Do you like it ?

    What is your highest education ?

    What is your salary ?

    And your visa is approved and you will get your passport in 3 days. Collected our stamped passports next day at 10am at VFS center.


  7. Here is my story. Can anyone or Attorney tell me if this position qualifies for EB2 or EB3 ? I read in forums and under the assumption of below 2 facts it will most likely fall in EB2

    A) All experience for PERM position required is post US Masters Degree and

    B) Somebody who has fulltime 2 year US Masters Degree from an accredited State University not sponsored by employer is assumed to override or supersede the U.S. bachelors degree (or atleast be able show equivalent of US Bachelors equivalent degree).

    PERM minimum requirement for position sponsored - BS + 5yrs of Progressive Experience.

    My Education -

    India - 3 year Full Time Bachelor degree

    U.S. - 2 year Full Time Masters Degree from an accredited State University

    My Experience - 9+ years post US Masters Degree. Only 2+years with current employer sponsoring PERM and 7 years with previous employer.


  8. Here is my story. Can anyone or Attorney tell me if this position qualifies for EB2 or EB3 ? I read in forums that position will qualify for EB2 because

    A) All experience for PERM position required is post US Masters Degree and

    B) Somebody who has fulltime 2 year US Masters Degree not sponsored by employer is assumed to override or supersede the U.S. bachelors degree (or atleast be able show equivalent of US Bachelors equivalent degree). Also none of my education was paid by any employer.

    PERM minimum requirement for position sponsored - BS + 5yrs of Progressive Experience

    My Education - India 3 year bachelor degree

    U.S. - 2 year full time Masters Degree

    My Experience - 9+ years post US Masters Degree. Only 2+years with current employer sponsoring PERM and 7 years with previous employer.

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