Your H1 period will be over after 6 years irrespective of the I-140 from the old co.
GC: You do have to start from scratch.
However, you can still maintain your PD if your prev. co does not revoke the I-140. The documentation of your Old PD is to be attached with the New I-140.
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WASHINGTON, Dec. 1 � Business lobbyists, nervously anticipating Democratic gains in next year�s elections, are racing to secure final approval for a wide range of health, safety, labor and economic rules, in the belief that they can get better deals from the Bush administration than from its successor.
Hoping to lock in policies backed by a pro-business administration, poultry farmers are seeking an exemption for the smelly fumes produced by tons of chicken manure. Businesses are lobbying the Bush administration to roll back rules that let employees take time off for family needs and medical problems. And electric power companies are pushing the government to relax pollution-control requirements.
�There�s a growing sense, a growing probability, that the next administration could be Democratic,� said Craig L. Fuller, executive vice president of Apco Worldwide, a lobbying and public relations firm, who was a White House official in the Reagan administration. �Corporate executives, trade associations and lobbying firms have begun to recalibrate their strategies.�
The Federal Register typically grows fat with regulations churned out in the final weeks of any administration. But the push for such rules has become unusually intense because of the possibility that Democrats in 2009 may consolidate control of the White House, the Senate and the House of Representatives for the first time in 14 years.
Even as they try to shape pending regulations, business lobbies are also looking beyond President Bush. Corporations and trade associations are recruiting Democratic lobbyists. And lobbyists, expecting battles over taxes and health care in 2009, are pouring money into the campaigns of Democratic candidates for Congress and the White House.
Randel K. Johnson, a vice president of the United States Chamber of Commerce, said, �I am beefing up my staff, putting more money aside for economic analysis of regulations that I foresee coming out of a possible new Democratic administration.�
At the Transportation Department, trucking companies are trying to get final approval for a rule increasing the maximum number of hours commercial truck drivers can work. And automakers are trying to persuade officials to set new standards for the strength of car roofs � standards far less stringent than what consumer advocates say is needed to protect riders in a rollover.
Business groups generally argue that federal regulations are onerous and needlessly add costs that are passed on to consumers, while their opponents accuse them of trying to whittle down regulations that are vital to safety and quality of life. Documents on file at several agencies show that business groups have stepped up lobbying in recent months, as they try to help the Bush administration finish work on rules that have been hotly debated and, in some cases, litigated for years.
At the Interior Department, coal companies are lobbying for a regulation that would allow them to dump rock and dirt from mountaintop mining operations into nearby streams and valleys. It would be prohibitively expensive to haul away the material, they say, and there are no waste sites in the area. Luke Popovich, a vice president of the National Mining Association, said that a Democratic president was more likely to side with �the greens.�
A coalition of environmental groups has condemned the proposed rule, saying it would accelerate �the destruction of mountains, forests and streams throughout Appalachia.�
A priority for many employers in 2008 is to secure changes in the rules for family and medical leave. Under a 1993 law, people who work for a company with 50 or more employees are generally entitled to 12 weeks of unpaid leave to care for newborn children or sick relatives or to tend to medical problems of their own. The Labor Department has signaled its interest in changes by soliciting public comments.
The National Association of Manufacturers said the law had been widely abused and had caused �a staggering loss of work hours� as employees took unscheduled, intermittent time off for health conditions that could not be verified. The use of such leave time tends to rise sharply before holiday weekends, on the day after Super Bowl Sunday and on the first day of the local hunting season, employers said.
Debra L. Ness, president of the National Partnership for Women and Families, an advocacy group, said she was �very concerned that the Bush administration will issue new rules that cut back on family and medical leave for those who need it.�
That could be done, for example, by narrowing the definition of a �serious health condition� or by establishing stricter requirements for taking intermittent leave for chronic conditions that flare up unexpectedly.
The Chamber of Commerce is seeking such changes. �We want to get this done before the election,� Mr. Johnson said. �The next White House may be less hospitable to our position.�
Indeed, most of the Democratic candidates for president have offered proposals to expand the 1993 law, to provide paid leave and to cover millions of additional workers. Senator Christopher J. Dodd of Connecticut was a principal author of the law. Senator Hillary Rodham Clinton of New York says it has been �enormously successful.� And Senator Barack Obama of Illinois says that more generous family leave is an essential part of his plan to �reclaim the American dream.�
Susan E. Dudley, administrator of the White House Office of Information and Regulatory Affairs, said, �Research suggests that regulatory activity increases in the final year of an administration, regardless of party.�
Whoever becomes the next president, Democrat or Republican, will find that it is not so easy to make immediate and sweeping changes. The Supreme Court has held that a new president cannot arbitrarily revoke final regulations that already have the force of law. To undo such rules, a new administration must provide a compelling justification and go through a formal rule-making process, which can take months or years.
Within hours of taking office in 2001, Mr. Bush slammed the brakes on scores of regulations issued just before he took office, so his administration could review them. A study in the Wake Forest Law Review found that one-fifth of those �midnight regulations� were amended or repealed by the Bush administration, while four-fifths survived.
Some of the biggest battles now involve rules affecting the quality of air, water and soil.
The National Chicken Council and the U.S. Poultry and Egg Association have petitioned for an exemption from laws and rules that require them to report emissions of ammonia exceeding 100 pounds a day. They argue that �emissions from poultry houses pose little or no risk to public health� because the ammonia disperses quickly in the air.
Perdue Farms, one of the nation�s largest poultry producers, said that it was �essentially impossible to provide an accurate estimate of any ammonia releases,� and that a reporting requirement would place �an undue and useless burden� on farmers.
But environmental groups told the Bush administration that �ammonia emissions from poultry operations pose great risk to public health.� And, they noted, a federal judge in Kentucky has found that farmers discharge ammonia from their barns, into the environment, so it will not sicken or kill the chickens.
On another issue, the Environmental Protection Agency is drafting final rules that would allow utility companies to modify coal-fired power plants and increase their emissions without installing new pollution-control equipment.
The Edison Electric Institute, the lobby for power companies, said the companies needed regulatory relief to meet the growing demand for �safe, reliable and affordable electricity.�
But John D. Walke, director of the clean air program at the Natural Resources Defense Council, said the rules would be �the Bush administration�s parting gift to the utility industry.�
If Democrats gain seats in Congress or win the White House, that could pose problems for all-Republican lobbying firms like Barbour, Griffith & Rogers, whose founders include Gov. Haley Barbour of Mississippi, a former chairman of the Republican National Committee.
Loren Monroe, chief operating officer of the Barbour firm, said: �If the right person came along, we might hire a Democrat. And it�s quite possible we could team up in an alliance with a Democratic firm.�
Two executive recruiters, Ivan H. Adler of the McCormick Group and Nels B. Olson of Korn/Ferry International, said they had seen a growing demand for Democratic lobbyists. �It�s a bull market for Democrats, especially those who have worked for the Congressional leadership� or a powerful committee, Mr. Adler said.
Few industries have more cause for concern than drug companies, which have been a favorite target of Democrats. Republicans run the Washington offices of most major drug companies, and a former Republican House member, Billy Tauzin, is president of their trade association, the Pharmaceutical Research and Manufacturers of America.
The association has hired three Democrats this year, so its lobbying team is split evenly between Republicans and Democrats.
Loren B. Thompson, a military analyst at the Lexington Institute, a policy research organization, said: �Defense contractors have not only begun to prepare for the next administration. They have begun to shape it. They�ve met with Hillary Clinton and other candidates.�
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I haven't been to India since I got my H1 approved; so I don't have an H1 visa stamp on my passport at all. My I-797 is approved until 2010.
Can you please advise if I should get my passport stamped with my H1 or should I be ok with my AP?
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My H1B transfer from Company A to B is denied on 04/22/2010 and currently I am working for Company B. Company B is planning to apply for MTR. Now I am getting offer from Company C. My questions are:
1) Is it possible to get H1B transfer on premium processing approved from Company C with EOS (Extension of Status)? Do I need to apply for transfer or New H1B with Company C?
2) Can MTR affect the new H1B transfer to Company C?
Will appreciate your quick response and thanks a lot for your great help.
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Also, why is going to India dependent on receiving on an approval of I-140??
My huband is working in H1B in USA? In most of the job boards they ask this question:
Are you legally authorized to work in the country in which you are applying?
what should i specify yes or no? Can somebody explain? Please it is urgent?
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My greencard was approved 4 months ago and I still don't have the receipts.
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Copy of the I-140 approval notice
Not a legal advice
desi3933 at gmail.com
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I have read in the popular immigration forums that one can request a one time 3 year extension to H1b beyond the standard 6 year limit if one has an approved I140 and could not file I485 due to retrogression. I am confused on how does one go about requesting this..meaning is it sufficient to just put three years under the 'date of intended employment' in I129 form and have a labor condition approval with similar dates or do you have to include a copy of approved I140 and point to the 2005 Aytes memo that grants such a provision while you file for I129. By the way the situation is also a bit more complicated due to the fact that I am changing jobs (5th year H1) and trying to get a 3 year transfer based on approval from the company I am leaving.
Appreciate your inputs
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Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email firstname.lastname@example.org with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.
As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.
Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative
As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.
The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
What can you do to participate?
1) Vote on the poll/survey created by Pappu.
Then please send an email to email@example.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated
2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.
I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)
3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.
Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.
Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)
Immigration Wiki -
I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)
PM these members for additional info:
nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
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2. I joined Company B using my EAD within the 30 day period, so I never went out of status. Also, I didn't file AC21
3. My GC application was approved in the first week of Aug.
I have a couple of really interesting opportunities that I would like to pursue. My job profile has been similar at both A and B and will likely be similar even in C should I join there. Am I required to work at B for any specific period of time before I can pursue these opportunities?
AC21 Portablity - & Everything About it .. (http://ac21portability.com/)