ras
05-22 03:57 PM
my employment is terminated a month ago. I still need to file h1 transfer to the GC sponser. I am single
I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.
If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.
I have a fall back to EAD though based an approved 140 and 180 days past 485.
But how do I get the spouse then???
Let me be clear. my H1 is with a different employer than the future GC sponsor. I never worked for the GC sponsor and that is the reason wanting to get the H1 transferred to sponsoring company. As said I 140 approved and I 485 passed 180days.
I was under the impression that you can switch over to H1 from EAD easily.
if there is a gap of 40days will it be ok to file H1 transfer? assuming that I get the H1 approved. Will this gap any issue in 485 adjudication?
I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.
If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.
I have a fall back to EAD though based an approved 140 and 180 days past 485.
But how do I get the spouse then???
Let me be clear. my H1 is with a different employer than the future GC sponsor. I never worked for the GC sponsor and that is the reason wanting to get the H1 transferred to sponsoring company. As said I 140 approved and I 485 passed 180days.
I was under the impression that you can switch over to H1 from EAD easily.
if there is a gap of 40days will it be ok to file H1 transfer? assuming that I get the H1 approved. Will this gap any issue in 485 adjudication?
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bushman06
03-31 05:25 PM
Done
desi3933
07-12 03:41 PM
I applied for H1B extension in October 2006 as my H1B was about to expire in December. After five months of applying, got an RFE in February 2007 . My employer replied to the query in Mid March 2007. My employer was reluctant to do a premium processing when he replied the query, saying that he doesn't want to take any risk. CSC transfered my case to Seattle, WA field office ( the field office is no where near my employers physical location, not even close to where I live) on April 4th. I guessed that its because of new H1 petitions filed in April. Its been more than 3 months and no action taken on my petition. We tried to convert into premium processing, but the field office rejected it saying they don't accept premium processing in their jurisdiction. So nothing else to do but to wait wait wait. Total time passed since my initial petition in October ( 9 months).
My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.
I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.
My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until October 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.
I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they don't deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petition Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.
Any valuable suggestions would be appreciated.
Thanks
Any details on RFE? That seems to be key here.
About your Wife's H1, you should reply with the details of her pending H4 extension and she is in legal status.
________________________
Not a legal advice.
My license has expired in March and the DMV do not renew my license with out a new I-94. Really its been a hell with out DL and still depending on others for necessary needs.
I am tired of telling the story to every one. Why not one more time here. I want to find out what other steps I can take to expedite the H1 Petition. Is there any way around to get the license renewed. Please share your experiences and suggestions.
My wife applied for H1B(new) in APRIL and her petition got an RFE asking to show proof that whether she will be in legal status until October 2007 as her I-94 expired in December(as her H4 petition is also pending due to RFE on my H1B). Attached the receipts and everything when she applied. From the documents attached cant they figure out that H4 petition is pending and she is in legal status. Kinda pissed me off.
I took an info pass appointment and went to the Newark Office today to see if they can help with my case. The IO said, they don't deal with H1B cases and cant help me in anyway. Though she took time to see where it is. She told me that I have to wait wait wait. This is really pissing me off, without a driving license for the last 4 months, passport expiring soon, Wife's H1 petition Query ( as her H4 renewal is in hold due to my H1B RFE). Guys please post some ideas on how to deal with this situation. I even opened a service request about my case. But no progress. what should be my next course of action to move the case.
Any valuable suggestions would be appreciated.
Thanks
Any details on RFE? That seems to be key here.
About your Wife's H1, you should reply with the details of her pending H4 extension and she is in legal status.
________________________
Not a legal advice.
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Onesimus
03-19 03:53 AM
Well, yeah. And I also found his other work (http://www.behance.net/Gallery/Desktop-Wallpapers/348801) (linked in his thread). :(
I'm no native english, if i offended anybody in "any" way, It is not what i intended. Can't quite get it though.
I asked "have you read the bible" on my design because if you did then you'll find this names familiar.
I'm no native english, if i offended anybody in "any" way, It is not what i intended. Can't quite get it though.
I asked "have you read the bible" on my design because if you did then you'll find this names familiar.
more...
gondalguru
07-19 07:48 PM
When is the last case for EB2 India approved?Just wanted to know the priority date of it.Mine is June 2006 EB2 when can i get my GC?Any guess?
Last I heard of is PD June 2004 Eb2 India. He got approved on July 1st.
Mine PD is september 2004 EB2 India. Hope it becomes current again in early 2008.
Last I heard of is PD June 2004 Eb2 India. He got approved on July 1st.
Mine PD is september 2004 EB2 India. Hope it becomes current again in early 2008.
iamgsprabhu
03-31 02:33 PM
Done,
thanks to those who designed this template, it is very easy to use.
thanks to those who designed this template, it is very easy to use.
more...
kanvenk
01-23 02:20 PM
I know, that's why, wondering about our Immigration bills.
Thanks.
Thanks.
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wellwishergc
05-24 12:30 PM
done
sent fax
sent fax
more...
H1bEmployer
09-16 02:33 PM
Folks,
We have a Consulting Firm Run Professionally. Little about me, Have been in the country for past 12 Years. Came up the Ranks via Consulting Firm like many of you.
Some Facts & Disclosure..
I am not Here to Hire Folks, just to voice my Opinion. Something that People on H1b should hear from Employers View as well. There is lots of Information to go around, from Consultants, who been here for few years to new folks who come to USA. Mostly its just Bad news for the new comers... Welcome to Bload Sucking Desi Consulting Firm.. Welcome to New Jersey.. or where ever you may land.. You get the point.
I am not here as Voice of Rest of Employers.. Just Pointing things out as I See it..
OK.. here we go..
Most of the employers, HATE doing Percentage bases. Give any employer a choice, between doing working on 70/30 or 80/20 or with a Stright Salary... 99% would be willing to work on Straight Salary Basis. Because that's what is Required by the Law. Simple as that.
I do Agree that there are lot of employers, who don't pay on Bench. WE DO. Here is what has happened very recently with our employees.. Few of our Employees have QUIT because we refused to do % Basis & these are the guys who came 6 months ago on new H1b. I would understand the Senior Employees Who have been with us for say 2-3 years ask for % basis Pay.
Now We are in a situation where we have Agree on % Basis Pay as a Company Wide Policy & then offer is to all our employees.. But that puts us on odd with Department of Labor. Which Madates every H1B employee to be on staight Salary basis.
You tell us what are our Options.. Either we Fire/lose employees who want % Basis pay.. just because their peers are getting it (EVEN If it is ILLEGAL )
We Don't Charge a Penny for a H1b, We foot the Bill.. Just as an Example we LOST 32,000 This year, just in Lawyer fees for H1b's not selected in the lottery.. I Know & Fully Understand that its a Cost of doing Business..
Now, if we go on % Basis, our whole model changes... Because, There is Cost of Doing business, Managing Employees, Marketing, H1b, Greencard, Full Pay on Bench, & Last but not least Profit.
So if i have put employees on % Basis, that means We as company are making Hardly anything. Which means, we have to charge new h1bs, for at-least Lawyer fees.. What if it does not get selected, what do we do. Refund the money, Then whats a point of taking the money in the first place.
We WANT to pay on bench, because most people normally do find a project in 30-45 days, Provided they are Technically sound.
With Percentage Basis, We can't do that.. Since the Employee has chosen to work on Hourly.. No Work No Pay.
What should we do for Holidays .. Again No Work- No Pay..
We have done the Calculations.. Believe me.. There is Hardly any Difference Between % Pay & Straight Salary if you account the following at the end of year...
-- Medical & Dental Insurance.
-- Expense of Relocation, Moving your Apt, Car & Staying in Hotel for a week before you find a place to crash
-- No Bench Pay, No US Holiday Pay, No Sick Leave
-- No Pay for Vacation, Unless you don't Believe in Vacation.
-- No Green Card
-- No H1b Extension.. You would have to foot the bill at the end of your 3 year term on H1b.
When you account for the above.. you tell me..
We don't want our employees to take the Above risk.. believe me I have try to make these guys understand & have reasoned with them.. Provided with Financial Calculations..
What do (Some) of our employees see.... Just a Few Bucks more... Nothing else..
So I am going to let you guys Answer this Question...
Who is making us Going on the EVIL-DESI-Consulting-Path ?
Thanks
We have a Consulting Firm Run Professionally. Little about me, Have been in the country for past 12 Years. Came up the Ranks via Consulting Firm like many of you.
Some Facts & Disclosure..
I am not Here to Hire Folks, just to voice my Opinion. Something that People on H1b should hear from Employers View as well. There is lots of Information to go around, from Consultants, who been here for few years to new folks who come to USA. Mostly its just Bad news for the new comers... Welcome to Bload Sucking Desi Consulting Firm.. Welcome to New Jersey.. or where ever you may land.. You get the point.
I am not here as Voice of Rest of Employers.. Just Pointing things out as I See it..
OK.. here we go..
Most of the employers, HATE doing Percentage bases. Give any employer a choice, between doing working on 70/30 or 80/20 or with a Stright Salary... 99% would be willing to work on Straight Salary Basis. Because that's what is Required by the Law. Simple as that.
I do Agree that there are lot of employers, who don't pay on Bench. WE DO. Here is what has happened very recently with our employees.. Few of our Employees have QUIT because we refused to do % Basis & these are the guys who came 6 months ago on new H1b. I would understand the Senior Employees Who have been with us for say 2-3 years ask for % basis Pay.
Now We are in a situation where we have Agree on % Basis Pay as a Company Wide Policy & then offer is to all our employees.. But that puts us on odd with Department of Labor. Which Madates every H1B employee to be on staight Salary basis.
You tell us what are our Options.. Either we Fire/lose employees who want % Basis pay.. just because their peers are getting it (EVEN If it is ILLEGAL )
We Don't Charge a Penny for a H1b, We foot the Bill.. Just as an Example we LOST 32,000 This year, just in Lawyer fees for H1b's not selected in the lottery.. I Know & Fully Understand that its a Cost of doing Business..
Now, if we go on % Basis, our whole model changes... Because, There is Cost of Doing business, Managing Employees, Marketing, H1b, Greencard, Full Pay on Bench, & Last but not least Profit.
So if i have put employees on % Basis, that means We as company are making Hardly anything. Which means, we have to charge new h1bs, for at-least Lawyer fees.. What if it does not get selected, what do we do. Refund the money, Then whats a point of taking the money in the first place.
We WANT to pay on bench, because most people normally do find a project in 30-45 days, Provided they are Technically sound.
With Percentage Basis, We can't do that.. Since the Employee has chosen to work on Hourly.. No Work No Pay.
What should we do for Holidays .. Again No Work- No Pay..
We have done the Calculations.. Believe me.. There is Hardly any Difference Between % Pay & Straight Salary if you account the following at the end of year...
-- Medical & Dental Insurance.
-- Expense of Relocation, Moving your Apt, Car & Staying in Hotel for a week before you find a place to crash
-- No Bench Pay, No US Holiday Pay, No Sick Leave
-- No Pay for Vacation, Unless you don't Believe in Vacation.
-- No Green Card
-- No H1b Extension.. You would have to foot the bill at the end of your 3 year term on H1b.
When you account for the above.. you tell me..
We don't want our employees to take the Above risk.. believe me I have try to make these guys understand & have reasoned with them.. Provided with Financial Calculations..
What do (Some) of our employees see.... Just a Few Bucks more... Nothing else..
So I am going to let you guys Answer this Question...
Who is making us Going on the EVIL-DESI-Consulting-Path ?
Thanks
hair Portrait of a cute 6 years old
angelfire76
12-14 01:49 PM
I did not like the idea of getting a red dot inspite of contributing $500 to IV. This is not a good idea of IV to flag members. I will take this up with my state chapter.
Member of North California
Speak about buying reputation. I'm sure your 1st Amendment rights are not being violated. The other members are just exercising their rights too. :D
Maverick1 asked a very simple question: Why "upgrade" to EB1 when you think your country is all so hunky dory?
It's a good alternative but the question is : Is it the best alternative? I think the least we can do is be honest with ourselves. :rolleyes:
Member of North California
Speak about buying reputation. I'm sure your 1st Amendment rights are not being violated. The other members are just exercising their rights too. :D
Maverick1 asked a very simple question: Why "upgrade" to EB1 when you think your country is all so hunky dory?
It's a good alternative but the question is : Is it the best alternative? I think the least we can do is be honest with ourselves. :rolleyes:
more...
johnimmi
01-08 10:39 AM
Her visa stamp was expiring on 15Feb07 and she entered US in Dec'06 and she was carrying the extended H4 I-797 valid till 2009. The officer at POE gave the I-94 valid only till 15Feb07. I did lot of research and found the last action on I-94 invalidates the previous ones. So her I-94 was valid only till 15Feb07. I went to the local CBP office and the officer understood what I'm talking about. He took copy of I-94 and issued a new I-94. He faxed it to some company which keeps the I-94 database.
So if possible it's better to go in person and explain. My 2 cents.
I am in a similar situation. "guyfromsg" , you are correct about the 'last action rule'.
1) My old Visa(stamped on my passport) was from Oct 1 2005 - Oct 1 2008.
2) In 04/07, I moved to a new employer. New I797(and its corresponding I-94) is from 04/2007 - 04/2010.
3) Travelled outside US. Before returning, I didn't stamp a new Visa because my old Visa was still good. When returned in Jan 2008, at the POE , the officer issued a new I-94 and stamped the expiry date as Oct 1 2008. He mentioned that since the old visa was expiring on 2008 and because I didn't have a new Visa stamped (even though I had a new 797A) , he can't stamp the I-94 with the '2010' expiration date.
4) My attorney just raised a red flag. He mentioned that the 'last action rule' goes against me. The last
action in this case was 'issuance of a new I-94'. So, the best approach is to get it corrected at the
local CBP - Deferred Inspections Office. He is working on getting some paper work ready.
However, another way to get by this issue would have been to file for a H1-B renewal before my
new I-94(the one issued at the POE) expired.
My attorney explained that according to the new immigration laws, the CBP officer should have stamped the expiration date from the 'LATEST' 797A. Most of the times, the officer will just detach your
I-94 from the latest 797-A and stamp it. This way no one(foreign national + Customs) needs to maintain multiple I-94's. However, not all officers are updated with the current immigration laws and policies. Now I'm waiting for some response from the CBP. I will update this thread once I get some positive feedback.
Thanks for all the great info in this thread guys!!
regards
John.
So if possible it's better to go in person and explain. My 2 cents.
I am in a similar situation. "guyfromsg" , you are correct about the 'last action rule'.
1) My old Visa(stamped on my passport) was from Oct 1 2005 - Oct 1 2008.
2) In 04/07, I moved to a new employer. New I797(and its corresponding I-94) is from 04/2007 - 04/2010.
3) Travelled outside US. Before returning, I didn't stamp a new Visa because my old Visa was still good. When returned in Jan 2008, at the POE , the officer issued a new I-94 and stamped the expiry date as Oct 1 2008. He mentioned that since the old visa was expiring on 2008 and because I didn't have a new Visa stamped (even though I had a new 797A) , he can't stamp the I-94 with the '2010' expiration date.
4) My attorney just raised a red flag. He mentioned that the 'last action rule' goes against me. The last
action in this case was 'issuance of a new I-94'. So, the best approach is to get it corrected at the
local CBP - Deferred Inspections Office. He is working on getting some paper work ready.
However, another way to get by this issue would have been to file for a H1-B renewal before my
new I-94(the one issued at the POE) expired.
My attorney explained that according to the new immigration laws, the CBP officer should have stamped the expiration date from the 'LATEST' 797A. Most of the times, the officer will just detach your
I-94 from the latest 797-A and stamp it. This way no one(foreign national + Customs) needs to maintain multiple I-94's. However, not all officers are updated with the current immigration laws and policies. Now I'm waiting for some response from the CBP. I will update this thread once I get some positive feedback.
Thanks for all the great info in this thread guys!!
regards
John.
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CADude
03-04 12:36 PM
Today I called. Automated phone system didn't provided me option 3 and 4 after "keep listening to updates on case" step. It's said invalid option. Second try again I think used 3,3,1 which takes me level 1 CC. Luckily level 1 guy asked few questions(last name, first name, receipt#, dob, A#, etc, etc.) and let me go to Level-2. Level-2 again asked me for same info (last name, first name, A#, etc, etc.) but told me "call after March 10th 2008". So not much success. What a wastage of time. :(
this is called inter filing.
you please call USCIS and follow up on your case,let me see what they say.
to call USCIS short cut is
just call 18003755283
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to iio (2nd level immigration officer who is more educated and will speak nicely)
this is called inter filing.
you please call USCIS and follow up on your case,let me see what they say.
to call USCIS short cut is
just call 18003755283
1
2
2
6
1
enter receipt number
1
1
keep listening to updates on case
3
4 you will be connecting to iio (2nd level immigration officer who is more educated and will speak nicely)
more...
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nitkad
04-18 11:30 AM
It seems like you are one lucky guy if you are from India or China :)
If you are ROW then I guess you were born lucky. Just Kidding!! I love my country where I was born and grew.
If you are ROW then I guess you were born lucky. Just Kidding!! I love my country where I was born and grew.
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looivy
01-26 01:25 PM
Interesting...looks like this bill is moving faster than we'd think...it would be interesting to see where it ends up. Also, it appears that this bill does not talk about giving the DV visas to existing EB-X categories but instead to create a new EB category for STEM graduates...not sure, but that's what it sounds like.
IV shoudl push for this legislation.
IV shoudl push for this legislation.
more...
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.jpg "cute quotes about a girl.")
rb_248
01-08 07:59 AM
http://cnnwire.blogs.cnn.com/2009/01/08/stock-exchange-delists-indian-computer-company-after-fraud/
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tikka
07-18 05:27 PM
Questions about disclosure of funds.
Please check this video for answers
http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0
Please check this video for answers
http://video.google.com/videoplay?docid=2115477102106333532&q=immigration+voice&total=149&start=0&num=10&so=0&type=search&plindex=0
more...
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emmie
12-08 04:31 PM
My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
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mrmr
10-16 05:15 PM
Hi folks
Can spouse apply for OPT ( F1 student) while a pending EAD (thru 485) is awaited. Appreciate your response.
Thanks
Can spouse apply for OPT ( F1 student) while a pending EAD (thru 485) is awaited. Appreciate your response.
Thanks
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GCard_Dream
01-03 03:36 PM
I am sure we'll all hear from IV core team when it's time to start our phone and fax campaign in support of this or any other beneficial EB provisions to be included in the supplemental bill, if it ever happens of course.
I believe this is where IV stands in terms of strategy:
For minor/intermediate relief: Supplemental bills.
For major relief: SKILL Bill
For everything else: There is CIR :D
I believe this is where IV stands in terms of strategy:
For minor/intermediate relief: Supplemental bills.
For major relief: SKILL Bill
For everything else: There is CIR :D
retropain
08-31 09:04 AM
if only we knew about this program in advance, we could've called. :mad:
GCHope2011
11-14 09:44 PM
Why every discussion has to end with donate - why donate? What IV has done so far? Where the money goes? EB2 vs EB3... etc. Stop hijacking threads.
By the way, the title of this thread is of no good. Don't give such title to generate clicks, your post is not a media news site to give misleading titles to generate clicks. "Whats happening with EAD delays" would have been more appropriate.
Every discussion gravitates towards donation because at the end of the day, the reality is that there is a need to mobilize funds, to take our game to the next level.
At the same time, there is a whole bunch of immigrants waiting in the queue for 5,7,10 years, passively, just talking, who could have easily contributed $25 per month to create a momentum for us.
All this complaining about transparency (knowing or not knowing that not-for-profit organizations need to follow very strict accounting and disclosure rules), is just not productive. I would rather put my trust in a bunch of fellow immigrants who are trying to help us all collectively.
Even if nothing comes out of it, I would have tried to push my luck through this group, rather than sitting and waiting for things to change on their own.
Disclaimer: I am not a part of the core or any peripheral group of IV. I am just like everyone else, but have decided to try my bit by contributing.
By the way, the title of this thread is of no good. Don't give such title to generate clicks, your post is not a media news site to give misleading titles to generate clicks. "Whats happening with EAD delays" would have been more appropriate.
Every discussion gravitates towards donation because at the end of the day, the reality is that there is a need to mobilize funds, to take our game to the next level.
At the same time, there is a whole bunch of immigrants waiting in the queue for 5,7,10 years, passively, just talking, who could have easily contributed $25 per month to create a momentum for us.
All this complaining about transparency (knowing or not knowing that not-for-profit organizations need to follow very strict accounting and disclosure rules), is just not productive. I would rather put my trust in a bunch of fellow immigrants who are trying to help us all collectively.
Even if nothing comes out of it, I would have tried to push my luck through this group, rather than sitting and waiting for things to change on their own.
Disclaimer: I am not a part of the core or any peripheral group of IV. I am just like everyone else, but have decided to try my bit by contributing.
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