inskrish
07-19 07:07 PM
Your solution seems risky. USCIS may either issue an RFE later ,or straight away reject your application due to lack of evidence, so it is better negotiate with your old employer and get the document. If you get an RFE, you can submit the response even if the dates are not current. But, if your application gets rejected, you can reapply only when your PD is current, and that will make you to wait for years.
Regards,
IK
Regards,
IK
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grupak
06-16 10:41 PM
Thanks grupak. Are you EB1 485 filer? How long is it taking to get from 485 filing to green card these days?
Check your PM
Check your PM
arc
08-10 10:00 PM
Hello
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
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sirinme
06-01 11:56 AM
I got a letter from Zoe Lofgren's office, who is a Member of Congress representing California 16th District, in response to one of our web faxes on H-1B cap and GC backlogs. Below is the complete text from the letter -- it's heartening to know we are on their radar at least!
Now that we got their attention, is there anything we should do to follow up on this now?
- sirinme
================
Thank you for contacting me. I appreciate the time you took to explain the impact of the H-1B visa cap and the "green card" backlog on U.S. employers.
I understand well that the success of U.S. companies depends on highly educated and talented U.S. citizens and foreign nationals.
What we need is thoughtful reform that supports the American economy and allows American companies the benefit of the "best and brightest" from around the world.
As you know, the Republicans now lead in the House of Representatives, Senate, and White House. As such, Republicans control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should Senate Judiciary Committee's H-1B proposal come before me in the House of Representatives, I will certainly consider your point of view.
Again, thank you for contacting me. Please do not hesitate to contact me again if can be of further assistance to you or your family.
Sincerely,
Zoe Lofgren
Member of Congress
===================
Now that we got their attention, is there anything we should do to follow up on this now?
- sirinme
================
Thank you for contacting me. I appreciate the time you took to explain the impact of the H-1B visa cap and the "green card" backlog on U.S. employers.
I understand well that the success of U.S. companies depends on highly educated and talented U.S. citizens and foreign nationals.
What we need is thoughtful reform that supports the American economy and allows American companies the benefit of the "best and brightest" from around the world.
As you know, the Republicans now lead in the House of Representatives, Senate, and White House. As such, Republicans control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should Senate Judiciary Committee's H-1B proposal come before me in the House of Representatives, I will certainly consider your point of view.
Again, thank you for contacting me. Please do not hesitate to contact me again if can be of further assistance to you or your family.
Sincerely,
Zoe Lofgren
Member of Congress
===================
more...
asdcrajnet
07-06 06:14 AM
I am from India...Here are some details.
The travels in India will help a lot in these matters.
My parents got from ICICI. I also heard that Reliance is good to.
The insurance mainly covers the hospital charges in case of hospital admission. Not that great for office visits.
If the age is more than 60, the insurance is almost doubled..
The travels in India will help a lot in these matters.
My parents got from ICICI. I also heard that Reliance is good to.
The insurance mainly covers the hospital charges in case of hospital admission. Not that great for office visits.
If the age is more than 60, the insurance is almost doubled..
kumar1
01-08 02:54 PM
Jesus!!!!
Nope ! EB-2 India
Nope ! EB-2 India
more...
InTheMoment
04-27 11:10 AM
Hey Congratulations Panama !
A week's time after approval is a good estimate for receiving the cards in the mail. So expect them by April 30 :)
A week's time after approval is a good estimate for receiving the cards in the mail. So expect them by April 30 :)
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rajaa100
06-18 04:43 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
more...
dellmunna
04-21 10:30 AM
hi gurus
I am not getting paid equivalent to what is there in my LC. Is there any
problem to get approval of my I-458?
EB3 INDIA
I-140 pending
I-458/EAD July filer
EAD RD Sep-07
I-458 pending
I am not getting paid equivalent to what is there in my LC. Is there any
problem to get approval of my I-458?
EB3 INDIA
I-140 pending
I-458/EAD July filer
EAD RD Sep-07
I-458 pending
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javacool2008
07-18 01:12 PM
After the show down of the USCIS and all the high skilled immigrats. USCIS posted that they are withdrawing the July 2nd board. This is great news.
I have filed my I-485, I-131, and I-765, and they reached USCIS by July 13th. According to the new board, USCIS will no long reject them.
So what will happen from now on? What is the procedure after this?
I guess this might be a newbie question. If someone can post some answers for me, it will be very helpful.
Thanks
I have filed my I-485, I-131, and I-765, and they reached USCIS by July 13th. According to the new board, USCIS will no long reject them.
So what will happen from now on? What is the procedure after this?
I guess this might be a newbie question. If someone can post some answers for me, it will be very helpful.
Thanks
more...
nfinity
08-08 02:24 PM
They will be able to provide you an emergency AP. This has happened in the past. If you can prove the emergency, you can get AP in a few hours.
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perm2gc
09-14 12:29 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
Kumar..Talk to a attorny before filing her H1.USCIS is rejecting cases who dont have continous 16yrs education. Recently one of friend's 7th year extension was rejected based on same reason.
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
Kumar..Talk to a attorny before filing her H1.USCIS is rejecting cases who dont have continous 16yrs education. Recently one of friend's 7th year extension was rejected based on same reason.
more...
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rparuchuri
08-10 08:42 AM
I think you can safely sponser visitors visa while you are on H1B. What do you mean by working at clients place? is that place listed on your H1B application. Many times Attorney list any other state as required. I remember my attorney doing this. But still, I don't think it should matter, at the same time, I am not an attorney.
Good luck
Good luck
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CRAZYMONK
03-17 02:18 PM
1. You can apply for transfer but there might be an RFE asking about your paystubs which you can't provide as you are not on H1 now.
2. With new H1, you can only work from October 2010.
3. Now a days we can predict. If you want it quick you can opt for premium.
4. Any way even it is H1 Transfer or New H1, you need to reenter using your H1 so that your I 94 reflects your current status.
2. With new H1, you can only work from October 2010.
3. Now a days we can predict. If you want it quick you can opt for premium.
4. Any way even it is H1 Transfer or New H1, you need to reenter using your H1 so that your I 94 reflects your current status.
more...
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giddi_raja@yahoo.com
10-08 10:12 PM
Dear Friends,
I have changed my employer after 180 days of my pending I-485. I have not communicated USCIS about this. I was able to renew my EAD, and AP online with proper documentation without any issues.
I am planning to travel to India on Advance Parole now. Wondering if I can show my former employer's documentation such as I-485, I-140 approvals if anything arises while going or returning. Do you anticipate any issues with this? or do I need to carry any information about current employer, and my Job?. Appreciate your help.
--Raj.
I have changed my employer after 180 days of my pending I-485. I have not communicated USCIS about this. I was able to renew my EAD, and AP online with proper documentation without any issues.
I am planning to travel to India on Advance Parole now. Wondering if I can show my former employer's documentation such as I-485, I-140 approvals if anything arises while going or returning. Do you anticipate any issues with this? or do I need to carry any information about current employer, and my Job?. Appreciate your help.
--Raj.
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TheOneAndOnly
04-16 09:27 PM
DOH! LOL!
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there we go...
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kittu07in
09-24 09:53 PM
I believe, USCIS website was updated on Sep 21st 2009.
My Priority date is Jun 2006 and applied in EB3 category.
I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".
I am in a situation to beleive it or not? to celebrate it or not.... :-( .....
And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?
If I get GC, how to add my wife to GC? is it possible? what is her status right now?
Thanks in advance...
My Priority date is Jun 2006 and applied in EB3 category.
I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".
I am in a situation to beleive it or not? to celebrate it or not.... :-( .....
And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?
If I get GC, how to add my wife to GC? is it possible? what is her status right now?
Thanks in advance...
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Blog Feeds
07-20 04:00 PM
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
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desi3933
09-19 12:55 PM
Hi All,
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
>> can I file my H-1 extension and go to India and get both of our visas stamped based on my extension?
Yes. She can get H4 visa stamp based on your H1 extension approval notice.
*** Not a legal advise ***
Please help me on this. Here is the situation:
1. Company A First time H1B - Oct 1, 2004
2. Company B transfer - Jan 22, 2006
3. My current visa is expiring on Jan 22, 2009, but after Jan 22, 2009, I still have till Oct 1, 2010 to complete my 6 years of H1B.
4. Now, my wife who is on H-4 is currently in India on vacation, since she is not in US, her H-4 extension cannot be filed.
My question is, can I file my H-1 extension and go to India and get both of our visas stamped based on my extension? Or does my wife need to come back on her currently valid visa and file for her own H-4 extension?
Please advise and pardon me for my ignorance on this.
Thanks in advance,
DSP
>> can I file my H-1 extension and go to India and get both of our visas stamped based on my extension?
Yes. She can get H4 visa stamp based on your H1 extension approval notice.
*** Not a legal advise ***
tom
06-18 03:36 PM
.
raj2007
02-17 11:40 PM
Yes I declared my arrest in I485 and have got my EAD and AP aproved.
Did anyone in this situation travel on AP?
I think you should be OK.. try to consult the lawyer.
Did anyone in this situation travel on AP?
I think you should be OK.. try to consult the lawyer.
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