felix31
03-07 11:29 PM
yes it can happen....
my case: we both filed under premium for our 7th year extension last year and hubby was processed in 5 days, but my H4 took 5 months together with RFE. RFE was stupid enough, they asked to see a copy of already approved H1 7th year.
My advice, wait and see what happens....
Sometimes they pick up H4 a week or so after h1. Good luck.
my case: we both filed under premium for our 7th year extension last year and hubby was processed in 5 days, but my H4 took 5 months together with RFE. RFE was stupid enough, they asked to see a copy of already approved H1 7th year.
My advice, wait and see what happens....
Sometimes they pick up H4 a week or so after h1. Good luck.
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GCIssues
09-09 10:44 PM
Tom,
I appreciate your reply a lot.
. My company people told me that they would be mailing the h1 transfer application on april 24. And hence i can join on April 28. So i joined and started working from them. i trusted my company and never asked for copy of receipt notice or case number. Few months later, i got H1b approval. Hence never thought there was any problem, until recently when i realized that Receipt Date on the H1b approval notice is May 15.
This difference b/w my actual joining date i.e. April 28 and Receipt Date on H1b Notice i.e. May 15 is causing the concern
Any advise in this regard is appreciated.
I appreciate your reply a lot.
. My company people told me that they would be mailing the h1 transfer application on april 24. And hence i can join on April 28. So i joined and started working from them. i trusted my company and never asked for copy of receipt notice or case number. Few months later, i got H1b approval. Hence never thought there was any problem, until recently when i realized that Receipt Date on the H1b approval notice is May 15.
This difference b/w my actual joining date i.e. April 28 and Receipt Date on H1b Notice i.e. May 15 is causing the concern
Any advise in this regard is appreciated.
psaxena
08-08 12:40 PM
^^
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saketh555
10-09 09:59 AM
Victim of bodyshopper?? Never say that dude, are you forced to join? Its your choice when there is no other choice or hope. A so called bodyshopper is your last resort before packing your bags when you are thrown out. All the bodyshoppers are same it may IBM or a desi company.
After lay off in 01, i joined a desi firm and i'm happy with my employer.
After lay off in 01, i joined a desi firm and i'm happy with my employer.
more...
java4yogi
03-28 07:38 PM
Hi,
I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.
My wife has an H4 from my previous company expiring in July end 2007.
I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.
I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :
a) Do we need to apply for my wife's H4 extension now to my current employer.
RESPONSE FROM LAWYER : NO
b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
RESPONSE FROM LAWYER : NO
I am not sure if I am getting the correct responses from my company's lawyer.
I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?
Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?
I would be very thankful if you could respond to these statements from my lawyer and advise.
Thanks a lot in advance.
I have been searching a lot for the H4-H1 cases and have come across the following responses from my lawyer.
My wife has an H4 from my previous company expiring in July end 2007.
I have a new approved H1 petition from my new employer approved till Aug 2008. The new employer did not apply for my wife's H4 transfer petition.
I am now applying for my wife's H1 and I had queried from the lawyers if I need to do the following :
a) Do we need to apply for my wife's H4 extension now to my current employer.
RESPONSE FROM LAWYER : NO
b) Do we need to apply for the extension for my wife's H4 visa, since it is ending last week of July 2007.
RESPONSE FROM LAWYER : NO
I am not sure if I am getting the correct responses from my company's lawyer.
I think my wife is going to go out of status if my company does not apply for her H4 extension. Is that correct ?
Also, if her H4 is only valid till July end 2007, will the INS issue her an H1 based on this ? Will my wife be forced to leave US from Aug onwards if her H1 petition is pending with the INS?
I would be very thankful if you could respond to these statements from my lawyer and advise.
Thanks a lot in advance.
HV000
02-15 02:38 PM
Too bad that Mr. resigned.
What's the point of talking to a dead wall??
What's the point of talking to a dead wall??
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Syous
03-11 03:39 PM
You look asian in the portrait! =p
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hetuweb
02-04 08:08 PM
My i485 was filed in july �07 and I got my AP in oct. �07, which is valid up to oct. �08
I want to go to India for 9 months, can I stay for that much period?
I will enter in USA in feb.� 09 on my H1-B VISA STAMP ONLY, BUT NOT ON AP.
Is this work? Any questions at POE about the long stay outside USA?
Any adverse effect on GC process? Pl. help.
I want to go to India for 9 months, can I stay for that much period?
I will enter in USA in feb.� 09 on my H1-B VISA STAMP ONLY, BUT NOT ON AP.
Is this work? Any questions at POE about the long stay outside USA?
Any adverse effect on GC process? Pl. help.
more...
mnkaushik
03-02 11:31 AM
I think mom's in the forum can answer this better since i am sure many of them took short term disablity during delivery and subsequent months. My wife took it twice for the birth of our children and I dont think it is an issue.
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1human1
03-04 06:12 PM
Hi,
I am leaving company A to join Company B. My first 3 year term of H1 is expiring with company A soon in the next 6 months.
1. Do I have to apply just H-1 transfer or (H-1 Transfer + H1 extension) with company B?
2. Is there any number of weeks or period that I can be with out any pay stubs from company A after I leave them before I join company B? Will I fall 'out of status' as soon as the company A stops running pay stubs (they may not revoke immediately as my 3 yr H-1 is expiring with them soon anyway)? I am asking this because the company B may take a couple of weeks to employ me and start paying me.
3. Company B is doing good now. But who knows what will happen in this recession economy?! What are my options to be in legal status if I get laid-off by company B after H-1 transfer with them OR if the H-1 transfer to company B gets rejected for whatever reason?
Thank you for your suggestions.
I am leaving company A to join Company B. My first 3 year term of H1 is expiring with company A soon in the next 6 months.
1. Do I have to apply just H-1 transfer or (H-1 Transfer + H1 extension) with company B?
2. Is there any number of weeks or period that I can be with out any pay stubs from company A after I leave them before I join company B? Will I fall 'out of status' as soon as the company A stops running pay stubs (they may not revoke immediately as my 3 yr H-1 is expiring with them soon anyway)? I am asking this because the company B may take a couple of weeks to employ me and start paying me.
3. Company B is doing good now. But who knows what will happen in this recession economy?! What are my options to be in legal status if I get laid-off by company B after H-1 transfer with them OR if the H-1 transfer to company B gets rejected for whatever reason?
Thank you for your suggestions.
more...
yyfGC98
05-19 12:49 PM
I need help on my I485 pending case:
When I was a PHD student I filled NIW (national interest waiver) and got my I-140 approval (priority date is 6/22/2006). Now I am working for a Telecommunication company.
My NIW I-140 form stated my job is:
SOC Code: 17-2112
Nontechnical description of job: Operations research and logistics with optimization and numerical analysis.
In my NIW cover letter, I stated my contribution in airline industry with the operations research and optimization knowledge. My current work is still related to the operations research and logistics but my contribution is different now. Does that mean I am not in the same research/work field? Some attorney said my I-485 will most probably be denied because I am not benefit to airline industry now. Is this true?
What is the definition of the same/similar field? I thought I should be safe as long as I continue to work on OR and logistics related work, even if my work on different project or for different companies.
When USCIS process I-485, they will look at the job description on I-140 form or the contribution in cover letter?
An attorney suggested me to apply a PERM as a backup to keep the existing priority date (6/22/06), in case my NIW-based 485 case has any issue.
What's the percentage of chance that you think my 485 can be denied due to the working field issue? I originally thought it's very small (less than 5%), and I just need to wait for the Visa availability. Is it correct?
My husband's H1 visa is about to reach the 6 year limit in March 2011, and he was thinking to use EAD from my 485 case until we get green card. Is this a good plan, or he need to apply a PERM as a backup too? Is it too late? What would be a good plan?
When I was a PHD student I filled NIW (national interest waiver) and got my I-140 approval (priority date is 6/22/2006). Now I am working for a Telecommunication company.
My NIW I-140 form stated my job is:
SOC Code: 17-2112
Nontechnical description of job: Operations research and logistics with optimization and numerical analysis.
In my NIW cover letter, I stated my contribution in airline industry with the operations research and optimization knowledge. My current work is still related to the operations research and logistics but my contribution is different now. Does that mean I am not in the same research/work field? Some attorney said my I-485 will most probably be denied because I am not benefit to airline industry now. Is this true?
What is the definition of the same/similar field? I thought I should be safe as long as I continue to work on OR and logistics related work, even if my work on different project or for different companies.
When USCIS process I-485, they will look at the job description on I-140 form or the contribution in cover letter?
An attorney suggested me to apply a PERM as a backup to keep the existing priority date (6/22/06), in case my NIW-based 485 case has any issue.
What's the percentage of chance that you think my 485 can be denied due to the working field issue? I originally thought it's very small (less than 5%), and I just need to wait for the Visa availability. Is it correct?
My husband's H1 visa is about to reach the 6 year limit in March 2011, and he was thinking to use EAD from my 485 case until we get green card. Is this a good plan, or he need to apply a PERM as a backup too? Is it too late? What would be a good plan?
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msp1976
04-13 12:08 PM
Some respectable names in the members list...
I donot think that these people are directly responsible for creating the issue in the first place....It is a reactive response to the anti-immigrant postures of many candidates...Also people like are us are not eligible to donate to immigrantList...Only citizens or premanant residents can contribute to immigrantList.....
I donot think that these people are directly responsible for creating the issue in the first place....It is a reactive response to the anti-immigrant postures of many candidates...Also people like are us are not eligible to donate to immigrantList...Only citizens or premanant residents can contribute to immigrantList.....
more...
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Ramba
07-27 05:29 PM
~~~
The answer should be "yes". The job should be offered to foreign national for processing his/her PERM or GC. However, the job can be accepted by FN, only after USCIS authorization. That authorization can be either H1 or EAD or GC itself. In other words, you can accept the job even after getting GC; however, in order to process your GC, there should be always a job offer for you from sponser right from begining(PERM LC).
The answer should be "yes". The job should be offered to foreign national for processing his/her PERM or GC. However, the job can be accepted by FN, only after USCIS authorization. That authorization can be either H1 or EAD or GC itself. In other words, you can accept the job even after getting GC; however, in order to process your GC, there should be always a job offer for you from sponser right from begining(PERM LC).
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Becks
03-20 09:09 PM
I was with couple of Big 5 consulting firms. Its good to work for them to add some weight to your resume. But I feel they really dont care for employees let it be immigration, comfort feeling, value to the employees etc.
So make terms clear before joining.
So make terms clear before joining.
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jayleno
03-13 11:34 AM
See this link: www.fullerton.edu/International/forms/OPT_Changes052008JH.pps
Look for:
Automatic extension of F-1 status will not apply if not employed within the 90-day limit
I think there is a rule, heard from a student who was advised by the International Student Advisor. They should be the most reliable source of this information.
HI ,
My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.
Can any one please clarify.
Thank you for your time
Look for:
Automatic extension of F-1 status will not apply if not employed within the 90-day limit
I think there is a rule, heard from a student who was advised by the International Student Advisor. They should be the most reliable source of this information.
HI ,
My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.
Can any one please clarify.
Thank you for your time
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valluriraja
10-11 07:53 PM
HI,
Some one could you please let me know how and where I can give complaint about H1B holding company.
Some one could you please let me know how and where I can give complaint about H1B holding company.
more...
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belmontboy
07-03 09:09 PM
Hi All,
Need some piece of advice. My H1B is expiring on 07-15-08, On July 2nd my I-140 was filed in premium processing. My LC is not 365 days old, so i need I-140 to apply for 3 year extension of my H1. Since it takes max of 15 calander days for I-140 to go through it may protentially get approved on July 18th and the approval may arrive in a week after that. Since I dont have a basis for requesting H1 extension , I am wondering how I can stay in status from 15th July till i get I-140 approved.
Any ideas?
Appreciate your response.
you can reclaim the vacation time that you spent while you were on H1B.
Please consult some experienced lawyer.
Need some piece of advice. My H1B is expiring on 07-15-08, On July 2nd my I-140 was filed in premium processing. My LC is not 365 days old, so i need I-140 to apply for 3 year extension of my H1. Since it takes max of 15 calander days for I-140 to go through it may protentially get approved on July 18th and the approval may arrive in a week after that. Since I dont have a basis for requesting H1 extension , I am wondering how I can stay in status from 15th July till i get I-140 approved.
Any ideas?
Appreciate your response.
you can reclaim the vacation time that you spent while you were on H1B.
Please consult some experienced lawyer.
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hibworker
05-07 05:21 PM
We did the exact same thing. We informed officer that my wife's Extension is pending, he said that's fine and gave her I-94 valid for 40 days (time remaining on her H4 visa).
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Blog Feeds
03-26 08:30 AM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjdME-ve1cee1NpFNVHaW7jAbnCuJXVgZGdaXChtDeCsQs65-5TH1vdJuy69jMdfLZ033YaWJZIePwPvxK-EjBEU1DlR5tpGT6gTi6PImPsQsvTC86OLR9LAMfXbJrkUIBKLgYJeiQq2o6J/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjdME-ve1cee1NpFNVHaW7jAbnCuJXVgZGdaXChtDeCsQs65-5TH1vdJuy69jMdfLZ033YaWJZIePwPvxK-EjBEU1DlR5tpGT6gTi6PImPsQsvTC86OLR9LAMfXbJrkUIBKLgYJeiQq2o6J/s1600/uscisLogo.gif)
DHS has publicized initiatives to enhance the E-verify program here. (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=70beadd907c67210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) The initiatives include:
(1) a new agreement with the Department of Justice that will streamline the adjudication process in cases of E-Verify misuse and discrimination;
(2) an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E-Verify information; and
(3) new training videos focusing on E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish.
The DHS's fact Sheet answers questions such as when and why E-Verify will share information with DOJ, what information it will share, what videos are available and where, how the employee hotline will work, what issues it will address, etc.
For more information on E-Verify, see my prior blog posts here (http://martinvisalaw.blogspot.com/search/label/e-verify).
https://blogger.googleusercontent.com/tracker/2893395975825897727-4975328970061257470?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/dhs-plans-to-enhance-e-verify.html)
DHS has publicized initiatives to enhance the E-verify program here. (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=70beadd907c67210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) The initiatives include:
(1) a new agreement with the Department of Justice that will streamline the adjudication process in cases of E-Verify misuse and discrimination;
(2) an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E-Verify information; and
(3) new training videos focusing on E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish.
The DHS's fact Sheet answers questions such as when and why E-Verify will share information with DOJ, what information it will share, what videos are available and where, how the employee hotline will work, what issues it will address, etc.
For more information on E-Verify, see my prior blog posts here (http://martinvisalaw.blogspot.com/search/label/e-verify).
https://blogger.googleusercontent.com/tracker/2893395975825897727-4975328970061257470?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/dhs-plans-to-enhance-e-verify.html)
siddhu98
08-02 09:02 PM
EB2 India - PD 1st June 2006
roseball
11-08 08:20 PM
Well I have been waiting for a reply, seems like no one has answered my question. Can someone please post some suggestions. urgent
You have 2 options. Either use your old H1 which is still valid (assuming u still have a valid visa stamp) and enter US (carry a latest offer letter from employer). If you use the old H1, then you will only have 2 more years of H1 time left.
You can file for a fresh H1 visa in Master's quota under consular processing and when its approved, attend the Visa interview, get a new H1 stamp, and re-enter using the fresh stamp. This way, you will get fresh 6 yrs time on H1.
You have 2 options. Either use your old H1 which is still valid (assuming u still have a valid visa stamp) and enter US (carry a latest offer letter from employer). If you use the old H1, then you will only have 2 more years of H1 time left.
You can file for a fresh H1 visa in Master's quota under consular processing and when its approved, attend the Visa interview, get a new H1 stamp, and re-enter using the fresh stamp. This way, you will get fresh 6 yrs time on H1.
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