
ajaykk
02-20 11:46 PM
Hi Gurus,
I and my wife work for same desi employer A, I am on H1 and wife on EAD, Now I have 2 offers, one with a different client on corp to corp (short term project) , another with a company B on W2 as contract (long term contract to hire and good pay).
I am more interested in accepting B's offer, but not sure on challenges with W2 as contract..is it a risk? What all do I need to be safe?
I am pretty confident that my employer A might not revoke my approved 140 as my wife is working there too.
I am totally confused and feel like on a X road with a close PD that might be current in few months.
Guru's , please advice.
AJ
I and my wife work for same desi employer A, I am on H1 and wife on EAD, Now I have 2 offers, one with a different client on corp to corp (short term project) , another with a company B on W2 as contract (long term contract to hire and good pay).
I am more interested in accepting B's offer, but not sure on challenges with W2 as contract..is it a risk? What all do I need to be safe?
I am pretty confident that my employer A might not revoke my approved 140 as my wife is working there too.
I am totally confused and feel like on a X road with a close PD that might be current in few months.
Guru's , please advice.
AJ
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raysaikat
10-04 11:13 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============

Blog Feeds
01-26 09:00 AM
01/25/2011
Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."
Read Article (http://www.businessweek.com/investor/content/jan2011/pi20110118_876603.htm)
More... (http://ashwinsharma.com/2011/01/25/bloomberg-businessweek-article---h-1b-visas-a-modest-proposal-for-immigration-reform.aspx?ref=rss)
Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."
Read Article (http://www.businessweek.com/investor/content/jan2011/pi20110118_876603.htm)
More... (http://ashwinsharma.com/2011/01/25/bloomberg-businessweek-article---h-1b-visas-a-modest-proposal-for-immigration-reform.aspx?ref=rss)
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raydon
03-06 09:58 PM
Actually I have an L2 not an L1...hence the need of an EAD before the green card...
Now that you have the GC, quit worrying about expired EAD and all that crap. Enjoy the freedom and privileges of green card life. Don't worry about trivial things like EADs now.
Now that you have the GC, quit worrying about expired EAD and all that crap. Enjoy the freedom and privileges of green card life. Don't worry about trivial things like EADs now.
more...

needGCcool
08-13 09:45 AM
Who is Becca Fischer ???:confused:
Anyone's 485 appln recieved by Becca Fischer at NSC on July 2nd & got reciepts ?
As many of us here I haven't recieved any reciept# nor cheque encashed ?
-shree
Anyone's 485 appln recieved by Becca Fischer at NSC on July 2nd & got reciepts ?
As many of us here I haven't recieved any reciept# nor cheque encashed ?
-shree

indianindian2006
06-24 09:17 PM
i dont think it matters.
more...
brick2006
02-08 10:33 PM
am in my 8th year H1 due to expire in april...with an approved 140.(not a june 07 filer..no EAD)
My company is merging and i may get the axe..i have tried all tricks...but my exit is imminent..;(..well that's life.
I was about to file for my H1 extension... and now i may not be able to do that.
My spouse is on H1(Dec 2010) and we are expecting in april..and she thus cant travel.
I don't want to change to H4...(if i return i may switch to CP..hence i dont want to change to H4 and lose the GC process)
so can anyone please tell me,
a.) after my H1 expires in april, can i stay for a month or so and then leave the country?..will i be in any trouble at the port of exit.. i need time to pack and ship..hence the delay...
...Should i seek a legal advice???
... i just want to know.. if i can approach the USCIS and explain and get some kind of extension..
..do you know anyone who has been in a similar situation..
what are my options.. any advice will be appreciated...
thanks..
My company is merging and i may get the axe..i have tried all tricks...but my exit is imminent..;(..well that's life.
I was about to file for my H1 extension... and now i may not be able to do that.
My spouse is on H1(Dec 2010) and we are expecting in april..and she thus cant travel.
I don't want to change to H4...(if i return i may switch to CP..hence i dont want to change to H4 and lose the GC process)
so can anyone please tell me,
a.) after my H1 expires in april, can i stay for a month or so and then leave the country?..will i be in any trouble at the port of exit.. i need time to pack and ship..hence the delay...
...Should i seek a legal advice???
... i just want to know.. if i can approach the USCIS and explain and get some kind of extension..
..do you know anyone who has been in a similar situation..
what are my options.. any advice will be appreciated...
thanks..
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Green Card Aspirant
05-01 12:02 AM
As your H1 B expires on Sep 2009 , it is good to apply for your H1 B extension with the current employer as you have a valid client. Request your client to provide a supporting document/letter for your extension . If the client needs to hire you, you could transfer after the extension. Use the client reference to get your extension as soon as possible.
more...

Becks
01-25 03:44 PM
You cannot travel and enter US with expired AP. Please renew your AP. Stamp on AP cannot make any difference as per my knowledge. You will have your I-94 also with same time stamp.
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
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raamskl
11-25 09:39 PM
hm, didn't know that. Thanks Wandmaker.
Am assuming that in this case clarify has to get his part time employer to file for a NEW h1, which ofcourse means he is under the h1b quota, which was exhausted on the first day they started accepting it for 2008.
So I guess clarify is better off with his EAD.
Cheers.
Am assuming that in this case clarify has to get his part time employer to file for a NEW h1, which ofcourse means he is under the h1b quota, which was exhausted on the first day they started accepting it for 2008.
So I guess clarify is better off with his EAD.
Cheers.
more...

cardamon
08-29 09:33 PM
Hi folks,
Does anybody know if there is a receipt for I-140?
I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
Does anybody know if there is a receipt for I-140?
I'd like to make sure that it was successfully received by processing center. Do you think it is polite to ask my company lawyer for this receipt or since she told me that it was filed I should just sit and relax...:rolleyes:
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waiting4gc02
02-28 03:31 PM
Thanks for the suggestion.
But she has to travel to India in the next 2 weeks and also my I-797 will not be approved till another 2 months.
Anybody else has any other suggestions for the question above.
Thanks
But she has to travel to India in the next 2 weeks and also my I-797 will not be approved till another 2 months.
Anybody else has any other suggestions for the question above.
Thanks
more...
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sreekanth
09-18 11:25 AM
Dear Friends,
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
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nick2deep
02-23 06:39 PM
I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.
Please advice if I should refile with education evaluation from anothe agency.
Please advice if I should refile with education evaluation from anothe agency.
more...
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jasmin45
07-26 08:44 PM
Why don't you extend with current employer A? That is the best option right?
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newtoh1
03-25 11:00 AM
Hi,
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.
Thanks
more...
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wandmaker
04-30 02:37 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
Given the situation for 485 denial. AFAIK, You have an option of filing for H1B (not counted against quota) based on your B's labor approval and pending 140. Once you use the EAD, technically you don't have the H1B status to transfer or extend. Hence, it will require you to go to consulate (b/c approval will come without I94) to stamp, and start working for Company B after you return.
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coolwiz26
07-03 01:02 AM
same here. Please explain the pros and cons.
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snehaledu
09-19 06:50 PM
My application is recieved by R COOK on 10th July and no news yet.
My 140 is approved on 08/17 just 2-3 days before.
Not sure whats going on.
My 140 is approved on 08/17 just 2-3 days before.
Not sure whats going on.
yogi13
06-28 10:24 AM
My wife have a birth certificate from the muncipality. The birth was registered soon after she was born and her parents named her before registration so there are no issues as far as late registration or "no name" is concerned. The only concern I have is that the birth certificate mentions only the first names of her and her mother although her father's full name is mentioned. Will this be a problem. The muncipalities in India register the birth in this manner, their explanation being that a child's full name is his/her first name followed by the father's full name. Similarly a married woman's full name is her first name followed by the husband's full name. I know this is not necessarily true in the USA. So I was wondering if this might be a problem.
Is there anyone in this forum who had a similar situation and their certificate worked?
Any insight on this will be greatly appreciated.
Is there anyone in this forum who had a similar situation and their certificate worked?
Any insight on this will be greatly appreciated.
seeking_GC
07-02 09:45 AM
I live/work in california - and on the I-485 form it says the address is :
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
but it also says in the first few lines in the form:
If you live in one of these states or territories, please read this notice to determine your filing location:
ALASKA, CALIFORNIA, IDAHO, IOWA, KANSAS, MARYLAND, MISSOURI, MONTANA, NEBRASKA, NEW MEXICO,OKLAHOMA, OREGON, TEXAS, AND WASHINGTON
AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-485
Also if I use fedex then it cant deliver to the PO Box..I am really confused..
If its possible to file at a local USCIS center its better because it can reach there faster- maybe even today?
Can someone please advise? Apologies if this has been covered already.
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
but it also says in the first few lines in the form:
If you live in one of these states or territories, please read this notice to determine your filing location:
ALASKA, CALIFORNIA, IDAHO, IOWA, KANSAS, MARYLAND, MISSOURI, MONTANA, NEBRASKA, NEW MEXICO,OKLAHOMA, OREGON, TEXAS, AND WASHINGTON
AS PREVIOUSLY PUBLISHED AND REMAINS IN EFFECT - EFFECTIVE DECEMBER 1, 2004DIRECT MAIL INSTRUCTIONS FOR PERSONS FILING FORM I-485
Also if I use fedex then it cant deliver to the PO Box..I am really confused..
If its possible to file at a local USCIS center its better because it can reach there faster- maybe even today?
Can someone please advise? Apologies if this has been covered already.


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