glus
05-10 07:23 PM
hello,
Nothing is "forever." If you hire a good attorney, he/she can argue, that you did have immigrant intent in the past, but have abandoned it and will try to get you a visa. However, without a good lawyer, it may be very difficult to persuade a consular officer that you no longer wish to immigrate to the U.S. after entering here. Contact me via PM if you wish and I can get you in touch with attorney who can answer more questions of yours. Thanx.
Nothing is "forever." If you hire a good attorney, he/she can argue, that you did have immigrant intent in the past, but have abandoned it and will try to get you a visa. However, without a good lawyer, it may be very difficult to persuade a consular officer that you no longer wish to immigrate to the U.S. after entering here. Contact me via PM if you wish and I can get you in touch with attorney who can answer more questions of yours. Thanx.
snathan
03-24 11:45 AM
I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.
ita
12-08 03:32 PM
When you are with the same company that files your GC (not Ac21) is it fine if the amount on W2 (for each year) is less than the amount mentioned on the LC. Is there a safe zone bracket . Since GC is for future job I was wondering if it is a must that the W2 should reflect the amount that is more or at least same as the amount on the LC.
Thank you.
Thank you.
gondalguru
06-19 11:45 PM
Please help me as I am in big confusion.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
I am J1 physician working in Underserved area. Completed 3 years of waiver requirement 9/2006.
I worked with company A from 5/2004 to 3/2007. Got EB-2 PERM based I-140 apporved with PD: 9/2004 with company A
Also applied for NIW based I-140 (self petiton) approved with PD of 9/2004. I-485 pending on this I-140 with RD of 11/2004. I need to complete 5 yrs in underserved area to get GC using this method.
Changed job in 3/2007 to company B hoping to apply for PERM and GC again. But with this new CIR looming with changes in EB catagory I am moving back to company A.
Now my prior employer company A is offering me job again. They have kept my apporved I-140 intact. It is going to take 4-6 weeks to join them back and be on their payroll.
What should I do?
Can I file new I-485 based on approved I-140 with company A even though I am not working with them now (as future employment)? This will be my 2nd I-485 as the first one is pending for NIW application.
Should I try to interfile first I-485 with PERM based I-140? One lawyer told me that if I interfile I-485 with PERM baed I-140 then there is a risk of denial of the I-485 as it was filed duing my three years of waiver service. Second lawyer told me that interfiling can be done with out problem (especially if I 485 is at TSC) but only after joining company A.
As you can see how complicated the case is and how different lawyers give differnt opinions.... I am very confused. Please advise gurus.
more...
bklog_sufferer
10-18 03:09 AM
Hello,
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
gcman2005,
1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US
2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.
3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.
Good luck
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
gcman2005,
1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US
2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.
3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.
Good luck
gc_check
02-13 09:41 PM
Do not rush to decission. If you have good realtion with the current company, you can get assurance they do not revoke I-140 and also have the new employer file for H1 transfer under premium process. This will secure a 3 yr entension. Once this is done, see if the new employer starts GC as promissed or if you PD comes current, you can file for I-485 with your current employer for future job, and join him when the GC is approved or switch to the current employer with EAD after 485. It is workable, but there is a little amount of risk, if the new company messes thing with GC. They have to start on time and also make sure the new company had not layoff's recently, this will further delay the PERM filing. Also the current employermust not revoke your I-140. Only you know you status better than any one posting to forum. Make a good choice which is best for you and as long as you have all things staright forward and things done correctly / legally there should not be any issue. With USCIS, inspte of all, a little amount of luck is also requried. :)
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payur
09-07 02:03 PM
I am on H4 visa. Applied for 485 in june 2007 and got my EAD and AP last month.
Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
I didnot sign any agreement with him.
What is the H1 cancellation form/letter?
Does it have any impact on my Green Card Process? Please Advise.
Thanks for any replies
The main impact I can see is revoking your I140 which could have an impact on your GC process.
I am not sure about H1B cancellation letter. What is your PD date and SC?
Unfortunately I also applied for H1 visa in march 2007, and it got approved now. I told the employer that I will work on EAD and don't need my visa.
He is now blackmailing me to pay the amount or he will give negative feedback/comments/reason for me in H1 cancellation letter.
I didnot sign any agreement with him.
What is the H1 cancellation form/letter?
Does it have any impact on my Green Card Process? Please Advise.
Thanks for any replies
The main impact I can see is revoking your I140 which could have an impact on your GC process.
I am not sure about H1B cancellation letter. What is your PD date and SC?
![david and victoria beckham photo shoot. [lang_en]Victoria Beckham#39;s](http://victoria-beckham.biz/photos/albums/userpics/10001/normal_p455~0.jpg "[lang_en]Victoria Beckham#39;s")
me_myself
12-17 07:02 AM
Did someone face this situation recently? I am really concerned about my case.
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looneytunezez
09-16 03:01 PM
I knew it was gonna happen, first it was horses, now its health....:(
"
<b>Health Care First Or Last</b>
Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "
Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)
"
<b>Health Care First Or Last</b>
Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "
Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)
msp1976
02-06 04:19 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country...His wife entered too....He is working for company B... This is one experience.......
If anyone has experience of entry being denied in this situation please post...I would want to know.....
The USCIS information systems are very antiquated...I donot think the right hand knows what the left hand is doing...In the end all I can say is it is your own risk...Your wife may be able to use the last H4 and get away with it.....
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country...His wife entered too....He is working for company B... This is one experience.......
If anyone has experience of entry being denied in this situation please post...I would want to know.....
The USCIS information systems are very antiquated...I donot think the right hand knows what the left hand is doing...In the end all I can say is it is your own risk...Your wife may be able to use the last H4 and get away with it.....
more...
abhi2001
02-24 02:54 PM
Thanks Jerrome for the quick reply.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.
Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.
horscorp
02-06 08:29 PM
Ann,
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
Thanks for your response, really appreciate it.
I read through the memo and found guidance on changing companies while I140 is pending but did not find anything on transferring H1b while Perm is pending.
I am sure you are referring to the first part of the memo which mentions validity and expiration of LC and Perm should be filed 365 days before the end of 6 years of H1b.
Hypothetical (and probable) scenario:
She joins the company in the next three months and applies for Perm before Sep 2010. By Sep 2011, her Perm might have been denied or approved and expired or (small chance of it being approved and not expired) . In first two cases, she cannot use her current Perm and has to rely on new Perm application with new company to extend H1B. Could this petition for extension be rejected because the new Perm was not filed 365 days before end of 6 years? I am looking at worst case scenario and the basis for USCIS to reject the extension.
Sorry for asking too many questions. Hope you enjoyed 28.5 inches of snow :) we live in the suburbs.
horscorp
A new PERM filed before September 2010 will [I]probably[I] support an H1 extension beyond September 2011. There is contrary language in a May 30, 2008 USCIS memo on this issue, but the Vermont Service Center in liaison meetings with AILA has specifically confirmed that as long as the Perm is filed at least 365 days before the start date of the H-1 petition a one year extension is available.
more...
a_yaja
07-25 05:13 PM
Hello folks,
First of all thankyou for your input in advance.
I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.
My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?
Thank you!
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
First of all thankyou for your input in advance.
I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.
My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?
Thank you!
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
barktasobebark15
05-11 02:14 AM
we'll have to move. I have teflon sliders I was hoping would work, so when done putting in the new carpet,
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ssingh92
01-08 11:57 AM
"same geographical area" what does it mean. In US or in the same State or the 200 mile radius from your company head qtr. You need to contact a good attorney.
amitjoey
07-11 02:54 PM
Hope someone is close enough to help.
Thanks korient, Hope somebody steps up for the interview.
Thanks korient, Hope somebody steps up for the interview.
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krishmunn
09-17 12:10 PM
For a person holding a 10-year multiple entry B1/B2 visa, how long can they stay for each visit. Is it determined at the port of entry by the officer? or is there a standard like 30 days or something per visit? I know parents visiting can stay for max of 6 months. Can they travel across to canada and then reenter for another 6 months? Just curious.
Normally you can get upto 6 months. But stepping to Canada and reenter will not give you another 6 months.
Also, if they leave to home country and return within a short period (say a month or two) they will either be denied entry or given a very short entry (around a month).
Normally you can get upto 6 months. But stepping to Canada and reenter will not give you another 6 months.
Also, if they leave to home country and return within a short period (say a month or two) they will either be denied entry or given a very short entry (around a month).
jung.lee
03-03 02:30 PM
I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.
Please see I am on H1B and never been on bench or out of status.
Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.
Please see I am on H1B and never been on bench or out of status.
Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.
sugaur
06-27 11:27 PM
So its that easy to offend you, just put a picture of lord Ganesha on a beer bottle.
I thought such chidishness was limited only to fanatical muslims.
Have you ever seen south park/daily show/ colber report. They routine mock Jesus, and I dont hear anyone asking them to be banned.
Personally, i think lord Ganesha would enjoy that beer, or as they call it, "Som Ras"
I thought such chidishness was limited only to fanatical muslims.
Have you ever seen south park/daily show/ colber report. They routine mock Jesus, and I dont hear anyone asking them to be banned.
Personally, i think lord Ganesha would enjoy that beer, or as they call it, "Som Ras"
eager_immi
07-17 09:28 AM
A# is either someting that you get by the following ways:
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
That's your alien number and it's given to you when your I140 is approved. See my post above.
1. If you were a student and were on OPT the EAD card had an A#
2. Sometimes when your I-140 is approved it comes with A# (NOT ALWAYS NO ONE KNOWS WHY/WHY NOT)
3. When your I-485 is accepted most likely you will get a new A#
So if you have 1 or 2 use it else leave it blank.
That's your alien number and it's given to you when your I140 is approved. See my post above.
HV000
11-02 09:59 PM
According to OH Law's website:
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
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