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I am not an attorney but seeing as noone has answered your question here is my answer.

Extension of H1 based on I-140 is part of AC21 and is intended for applicants who are in the USA in a valid H1 status. Since your H1 would have expired and you would be out of the USA, you cannot avail yourself of that provision. So, you will have to stay out for one year and then apply for a new H1.

An attorney may answer now and correct me if I am wrong.

not sure where you got taht info..i believe u still can...pl contact ur lawyer...or post question on immilaw website..

I came across racist past of Senator Jeff sessions...
This should server as a warning to those innocent among us who think his new-found love for point-based system is anything but another ploy by racist southern republican to deny, stall, delay anything that might benefit anyone of slightly colored skin!!
BEWARE.. southern + republican + SENATOR == NOT A FRIEND OF ANYONE BUT KKK or Minutemen type racist organizations!

http://mulejockey.com/?p=100
http://www.tnr.com/doc.mhtml?i=20021230&s=wildman123002
---
Unnecessarily posting such kind of info. will be counterproductive.

Yes he can apply for a TN again, no limit on the number of times alien can enter on TN. If he leaves while his COS is pending it will be considered to be abandonment of the petition.

hey bharti. dont get upset by my comment,don't quit !! i'm not a design student as well, but there are plenty of articles and tutorials in the net (like kirupa for example) where y can find lots of resources and learn different interesting things!

It's not so easy to be a designer, but it's not impossible and u must never quit!!1:P)

Hello,

Could anyone please suggest me a few consulting companies who can sponsor H1B visa? I am trying to bring my friend who is in India working for an automotive OEM. He was in Michigan for a while and he went back to India and it�s been almost more than 7 years since he left but now he wants to come back to Michigan.

If anyone knows any consultants in Michigan would be perfect since I already have a job lined up (verbally) through my contacts but I am not successful finding an employer who can sponsor H1B for him.

Thank you very much,
G.

Hi
Here is my situation and looking for any previous experience and suggestion from experts.

I have my EAD valid for 2 years PD 05 EB2. I got a job from another company but vendor says I need to be in his payroll. Job wise everything is good. I want to join him on EAD.
Here are my concerns

1. Should file for AC21 or just keep quite till CIS sends a letter ?
2. If I ensure my new job and old job responsibilities are same, am I safe ?

Do you see any problems or advise me for anything.

Thanks
tempgc

As long as New Job and Old Job are SAME/SIMILAR and assuming your I-40 is approved & 180 days passed, you should be perfectly fine.

IF
your previous employer is going to revoke I-140
THEN
its better to file AC21
ELSE
just keep quite till CIS sends a letter
END IF

Thanks,
Krishna

Hello Everybody,

Can someone please send me a list of good immigration lawyers in the Boston area for AC21

Thank you very much

Please join the New England state chapter. The address is in my signature.You can also PM me for details.

GO IV GO.

yes. AC21 is a provision to allow you to change employers without affecting ur 485. It has nothing to do with work authorization. Your authorization can come from ead or h1 transfer.

NY members interested in the luncheon are most welcome
---------------------------------------------------------------------
We would like to meet Tristate CT IV members and try and get to know each other. This will be a very casual "no obligation" event where everyone can chit-chat, have lunch, discuss on past / future - IV / NON-IV events.

We would like to meet up at "Coromandel - Cuisine of India " at Orange, CT. Here are the details

Coromandel - Cuisine of India
Hitchcock Plaza, 185 Boston Post Road, Orange - (203) 795-9055
website : http://www.coromandelcuisine.com/

Date: 10/27/2007 - Saturday noon

Time: 12:00 PM to 3:00 PM
-----------------------------------------------------------------------

I'm a mechanical engineering and also have an MBA degree.
I work as a support engineer.
My lawyers tell me that I cannot apply in EB2, since my Post grad degree is unrelated to my grad degree and so does not apply to my job.

Is this true?
Can I not file in EB2?

If you can justify that the minimum requirements for a SUPPORT engineer is a MBA then you can go for EB-2. Else it will be EB-3.

Hello, All buddies:

My case is a little special:
After my wife (H-1B) filed I-140/I-485, I got EAD in Dec 2006, and I (H4)started to work by using EAD from Jan 2, 2007. On May 10, 2007, we received I-140/I485 denial letter. we filed a reopen and reconsideration for I-140 denial. I was still using that EAD for work (it is vaild from Dec 2006-Dec 2007) during that time. In November 27. 2007, I changed my visa from H4=>H1.(I was not being asked by USCIS to go aborad for re-stamping H1, anyway it is approved). The USCIS denied our Reopen and Reconsideration for I-140 again later in March 2008.

Now the comany sponsor me to apply for EB2 green card.

Usaually, when using EAD, your status is AOS, and when I-140/I485 denied,
you lose your status. In my case, from May 10-Nov 27, I maybe already lose
my status. however, H4=>H1 is OK without any problem.

My question
1.
I worried that in the future, in the stage of waiting for I-485 approval, does USCIS can find out that I have the above problem between May 10-Nov 27, (it is over 180 days)?!
--However, during that period, I have a I-140 reopen and reconsideration case pending?--does this mean legally staying in US? (even it denied again later)
2.
If this is a problem, do I had better go home country/re-entry US once to clean these mess?
3.
However, I am over 180 days, is that possible that I can not come back?

Thank you very much in advance.

Jerry

I was under the assumption that you cannot file for EAD unless your I-485 application has been filed. How come Amit1234 applied for his EAD, his priority date is Jan 04 EB3. Just curious.

Thanks!

thank you for the reply hebbar77, actually I also started the associate nursing program but they are saying currently there are no green cards for nurses. and I think there are no H1 for nurses. am i right? and is your wife a doctor too. what is BAMS?

on 2nd req, my opinion would be to submit following related to ur skills.
- certifications earned from industry recognised bodies like PMP or OCP etc.
- any inhouse training recd certificates
- any vendor recd training certificates

Not an error. Per law you have 10 days after your H1 expiry to wrap up and leave the country. Some CBP officers add that to the I-94

Please ask your Husband to change company and apply for GC process immediately.

He can't get extension on your's......contact attorney IMM

Hi so I can have teh PERM application on going even if I'll change from H1-B to E Visa in a copupel of months?
Thank you for your help.

So TSC advanced by 1 week in 1 month or so ? I wonder how many cases they have appoved in the last month or so.

Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/Pinocchio.jpgBorder guards are not known to be the friendliest people in Federal service. The immigration attorneys at Fong & Chun in Los Angeles routinely hear stories of border guards shouting at aliens who are telling the truth, bluntly telling aliens, "you are lying to me," or asking in a hostile manner, "why are you lying to me?" The border guards do this, even when they do not really think someone is lying. They do it to destabilize or disturb the alien, to get the alien to make an error or say something wrong. Basically, it is a trap.

Recently, Alan Bersin (http://en.wikipedia.org/wiki/Alan_Bersin), the commissioner of US Customs and Border Protection (http://www.cbp.gov/) -- the head of all the border guards -- told Congress (http://www.google.com/hostednews/ap/article/ALeqM5j07I9Bw4Q1kxusXReW4qAjNPdR2AD9FM4S300) that he did not know he was required to fill out and keep Federal paperwork to verify that his household employees had the right to work in the USA.

Bersin is the head of US Customs and Border Protection.

Bersin is a former California Secretary of Education.

Bersin is a former US Attorney.

Bersin went to Harvard and Yale.

Bersin says he had no idea he had to follow the law?

Why is he lying to us?

--jcf





More... (http://www.immigrationvisaattorneyblog.com/2010/05/even-federal-officials-dont-know-immigration-law.html)

Hello,

First of all, I really appreciate your efforts to help people in their immigration issues.

Currently, I am on H4 visa. Recently, I was offered employment and got my H1B approved.
But, my new I797 approval notice does not contain I-94 part.

Do we need to apply for Change of Status from H4 to H1B now while I remain in US? Do I need to do it or my employer needs to do it?

I would really appreciate your help.

Thanks,
Dhans