Friday, June 10, 2011

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  • dealsnet
    02-23 03:13 PM
    She can't renew her H1B after 6 years. She can work using EAD or choose not to work. No need for H4 also. If you want a cover for you, she need to file PERM for her to start a process for her. No other way for cover. If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.

    Hi,

    1. I have my I-140 approved, applied for I-485 and have EAD/AP
    2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
    3. Both have 6 years of H1-B expiring later this year (both from different companies)

    I can extend my H1-B based on pending applications.
    QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?


    My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.

    Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?


    Thanks.




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  • mmrao2007
    09-08 04:49 PM
    When you guys submit EB2 I140 application form, make sure you put appropriate A# from your EAD card on it. That way your application will go to same folder that your I485 file is in. When time is right USCIS will process all applications together and automatically port EB3 date to your EB2 I140. They should approve I485 and new I140 together, at least that's what has happened in my case.

    If you already have second I140 approved, you need to communicate with USCIS with a covering letter with a colored paper and big bold letters on top, explaining the case and related case numbers. Please confirm with attorney.




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  • cdeneo
    04-03 03:56 PM
    Will the Canadian tourist visa be issued for only a year since AP is valid for only a year?




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  • ita
    11-08 03:16 PM
    Address Change Online: 24x7 & Calling USCIS : Mon - Fri

    Is it enough if I change the address online and confirm it with USICS.
    Will they resend my EAD card or should I do anything else to request them to resend my card to the new address?

    Thank you.



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  • akmypoints
    11-04 01:17 PM
    anyone having inputs to the query below:

    Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application




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  • franklin
    07-24 11:33 PM
    I just ask - why not?



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  • Templarian
    07-21 08:22 AM
    ^I know... but I was referring to its use in browsers. :)

    When I said it just doesn't compare I meant even for the most basic things it sucks more cpu than even flash 8. I give it 3 more years and it will be MS's main form of media for all its partner sites.

    Even your strong bias can admit its runs like a snail in the browser.




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  • senthil1
    03-28 03:08 PM
    A small amendment for this bill could make everyone including high skilled and low skilled happy.

    Have arrived here at the age of 75 or under;
    Delete the section Serve in the military or attend college for at least two years

    Portions of DREAM bill introduced in both houses say that children of ilegal immigrants will be allowed pathway to citizenship if;
    Have arrived here at the age of 15 or under;
    Have lived in the U.S. for at least 5 years;
    Graduate from high school;
    Serve in the military or attend college for at least two years; and
    Have good moral character.

    Now our children (children of legal immigrants)? do they qualify under any of these that are cited above? Infact yes, they do under all of these. If they can introduce bills to consider the children of undocumented / ilegal immigrants, why is there no pathway for citizenship for the children of legal immigrants? Ofcourse they fall under our petitions, but they should be given priority over the others, particularly since their parents pay the most tax/social security etc etc.



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  • morchu
    04-22 09:41 AM
    Since your H4 COS is not approved yet, you are not YET in H4 status.

    So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.

    Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.

    This is a typical situation where you should file for Premium Processing (of H1 COS).


    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.




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  • backtoschool
    01-10 06:30 AM
    Friends,

    As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)

    My last discussion wirh Immi and employer drove the nail in the coffin.

    I would appreciate any suggestion fromfolks like you.

    Outcome:

    I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)

    Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.

    I have few more weeks before I see this opportunity slip by.

    Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?

    Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.

    Thanks for your time



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  • niraja74
    07-23 12:44 AM
    Hi,

    I am going to file for I-485 as the PD is current for all till 17-Aug-2007. I got my LC was approved in Oct-2006 and I-140 in Feb-2007. I am working on H1B visa and my current H1B visa is expiring on 03-Jan-2008 (about 5 months left from now).

    So can I apply for I-485 with less than 6 months left in my H1B? Although I still have 2 years left in my 6 year's counter.

    Also if I apply for I-485 now without filing for H1B exension can I file for H1B extension later on say (in Sep. 2007)?

    Thanks in advance.

    Niraja




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  • reedandbamboo
    09-15 12:00 PM
    Singhsa,

    Good idea! See you there.



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  • uslegals
    08-20 03:39 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!




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  • sk2006
    05-25 01:21 AM
    My Employer is not paying me salary even I am on Project.
    can any one please tell me that how to report to DOL about this company.

    AGT

    Would you please care to update your profile?
    It appears you created and ID just to post this question.



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  • omiboy
    09-23 10:56 AM
    Thank you for your reply.

    My perm was approved on August 27th 2007. The EB3 became current upto August 17th 2007. Besides, my lawyer got late in preparing the paper work for the PERM etc. and that's why we just missed.

    With regard to my situation, does this meanI have to file for my PERM and I-140 all over again?

    Also, is it possible under an H-1 for an employer to cut down wages and reduce work hours?

    Thank you for your time once again.

    Sincerely

    Omi




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  • rajeever
    02-27 12:33 PM
    Hi,

    My name is Rajeev. I�m working as a senior technology consultant (Senior Business Analyst and Senior Quality Assurance) with a top IT consulting and service company.

    Background:

    My H1-B visa and 1-94 are expiring on July 06th 2009 (almost 4 months from now) and final 6 year H1-B time is ending on May 2011.

    I spoke with the HR manager of my company to renew my H1-B visa four times in last couple of months but every time she says that there is of integration going on (Actually, my company was acquired by another company and right now integration is going process is going on). However, I spoke with the immigration department of my company and they told me that since integration process is under way, however this integration process will not effect the renewal of H1-B process, company will deal it in the same way it was dealing before. I explained this thing to my Manager on Tuesday but again, she was not convinced and want to speak with the her immigration contacts and advised me to wait and didn�t gave me a date when she is going to get back to me ( I don�t know what is going on in her mind).


    So far, I�ve not applied for Green card, actually, last September, I submitted all the paper work to my Manager (till Dec 2008, I was employed with the consulting division of my company and afterward, I was transferred to the local account). With this transfer, my consulting division manager refused to process and pay for my GC and advised me that I should apply it through local account.

    Now local account is saying that it is very unlikely that they�ll sponsor my GC because there is lot of cost cutting going on and GC process takes anywhere from 10 K to 14K. I did told them that company may deduct the GC fees through my pay. But I didn�t hear anything from them so far. Its been almost 2 months now.


    Advise and Help:

    Since my final H1-B is expiring on May 2011. Almost 2 years and 2 months. My GC is not filed yet. What should I do now?

    1. Look for a new job, who can sponsor my H1-B (actually, I�ve started looking but no luck yet).
    2. What if if I don�t find a job till July 6 2009?
    3. is it a good idea to transfer my H1-B visa to Indian consultancy company without a project in hand?
    4. Please recommend good Indian consultancy companies to whom I speak regarding my H1-B transfer and GC application process.

    Please ask me specific questions or which I may not have addressed above or I�ve not explained any section above.

    On the different note, I was also got stuck in Canada last year from April 2008 to Aug 2008. Here is my previous post http://immigrationvoice.org/forum/showthread.php?p=279088.


    Many thanks!

    Rajeev

    .



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  • Sandeep
    02-01 05:19 PM
    Enabling The World's Most Talented Individuals To Put Their Skills To Work For America Will Increase Our Productivity, Improve Our International Competitiveness, And Create Many High-Paying Jobs For Americans. The President supports (http://www.whitehouse.gov/news/releases/2006/01/20060131-5.html) attracting and retaining the best and the brightest high-skilled workers from around the world by reforming the Nation's immigration system, while maintaining national security priorities. The President's comprehensive plan for immigration reform meets the needs of a growing economy, allows workers to provide for their families while respecting the law, and enhances homeland security by relieving pressure on the borders




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  • pa_arora
    12-03 05:45 PM
    Don't get excited too soon :)

    I saw the following message when I logged into the USCIS case tracking system.


    * Note on "Last Updated" date:
    Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
    lol...where do u see excitement in my post? i know its atleast a year for me to see some green.




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  • radhagd
    04-02 09:26 AM
    I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.


    If you want to keep EB3 PD, the best option in your case is withdraw your EB2 140 and ask your company to file EB3 140, once it is approved, make sure you get a copy of approved I140. Find another company who is willing to do EB2 GC,file Labour. Upon approval of that Labour file EB2 140 requesting recapturing of EB3 PD. To be on safe side do not join the new company until you get Eb2 140 approved and join later at your conveniance.




    vikramy
    06-05 03:12 PM
    Some of the answers i know. I did a H1 transfer in 2004 and travelled to india.


    I have to leave for India on Saturday for my wedding next weekend.

    My possible scenarios :-

    1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
    Yes. Make arrangements for your company to send you these approval notice to India
    2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
    For h1 transfer i think yes. Alway your company responds. You need to just provide the info. confirm with others, i am not completely confident

    3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
    You can travel and your company can send you the approval. I did it in 2004
    Can someone advise ?
    My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
    yes, but your visa has to be renewed on new approval. Old approval may not be valid. If you already have a valid visa you don't need a new visa. (This was what i was told that time. Things may have changed) Always better to get a new stamping
    Thanks, and keep up all the good work.




    mattresscoil
    11-05 02:29 PM
    I find it difficult to digest that parents ship their infant children to someone else to raise.
    Shantanup:

    Circumstances my friend...Circumstances
    1. Either you dont have kids to understand
    2. Or you are blessed/lucky enough to have great circumstances to raise your kids personally.

    You have expressed your feeling that it is difficult to digest and I respect it. Thanks for voicing your opinion which BTW did not give me any information on what documents are required. Others have responded, Thanks to the responders and you too Shantanup!

    It helps the situation when one asks for a question and one is able to answer instead of voicing ones own personal problem/opinion. Anyways I wish all well to you and hope you never have to ship your kids!!

    Best Wishes, Mattresscoil!!



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