pyrosleepy
08-09 11:03 AM
I joined a new employer in May and also had applied for H1B transfer at that time. Now I have a very good offer from another firm but my first H1B transfer is still pending. The new offer is much more rewarding financially. Is it possible to apply for H1 B transfer to the new employer without jeopardizing my H1B status. Please note that I got laid off in April and I was in a hurry to get the new job then, it was also about just over a month when I applied for my H1B transfer since losing that job so I am kind of nervous about the results from USCIS.
Thanks in advance for your suggestions, friends!
Thanks in advance for your suggestions, friends!
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raviram1980
03-13 06:39 PM
Hi All,
I would like my parents and my younger brother who is in his engineering college 2 nd yr to visit me on visitor visa. My father is a government emoployee with more than a yr job left, my mother has retired last yr and my brother has still 2yrs left for his engineering.
1. Do you think they should raise any objection for my brother getting a tourist visa ?
2. Should my brother's case affect my parent's case as well? I think given my father is a govt employee in India, that should work in his favor? Any thoughts.
Thanks in advance,
I would like my parents and my younger brother who is in his engineering college 2 nd yr to visit me on visitor visa. My father is a government emoployee with more than a yr job left, my mother has retired last yr and my brother has still 2yrs left for his engineering.
1. Do you think they should raise any objection for my brother getting a tourist visa ?
2. Should my brother's case affect my parent's case as well? I think given my father is a govt employee in India, that should work in his favor? Any thoughts.
Thanks in advance,
mnq1979
06-26 09:58 AM
I jst got an update on my and my wife I-485; i am not sure what it is about as i have not received the RFE yet.....but i think they are asking for our BC as we did not provide them when we applied for I-485;
I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.
Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!
Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!
Thanks in advance !!!!!
I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.
Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!
Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!
Thanks in advance !!!!!
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WarEagle
01-17 01:59 PM
My receipt number begins with WAC too and is with the California Service Center with receipt date of Oct. 5. There was pretty consistent movement until Dec. 18 and though their current processing dates show Oct. 15 since then, I have'nt heard anything as yet. Does anyone have any information on this?
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askreddy
06-25 11:57 PM
You should receive letter from USCIS saying that your address is changed....
Askr
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jeda
07-01 06:19 PM
Dear All, Received the magic email today. Good luck to all of you who are waiting. You will get it, hang in there. Below r my details.
Eb2-I PD Aug 05. 140 approved in 2006. Only one FP done in 2007. LUD in 2008. No RFE. Case filed in Nebraska. Never enquired case status with USCIS and never filed SR. Note : Employer is small desi consulting co. with 30-40 employees.
Eb2-I PD Aug 05. 140 approved in 2006. Only one FP done in 2007. LUD in 2008. No RFE. Case filed in Nebraska. Never enquired case status with USCIS and never filed SR. Note : Employer is small desi consulting co. with 30-40 employees.
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neerajkandhari
05-23 09:19 PM
I am wondering how anybody can employ her without SSN
you can apply for SSN with ead card and approval notice
you can apply for SSN with ead card and approval notice
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martinvisalaw
09-28 09:49 PM
Your mother must rely on the I-94 and file an extension if she wants to stay more than 3 months. The extension can be filed any time before the I-94 expires.
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ssdtm
11-30 04:38 PM
- My friend has not been paid by his current employer. So no pay-stubs what so ever
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
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Prashanthi
09-04 01:45 PM
If the H-1 was filed as a COS you will have to join the H-1 company on October 1, as you will no longer be on L-1 on that date. If you H-1 is filed for consular processing, then you dont have to worry, whenever you are ready you can go to the consulate in your home country, get a visa and come back on H-1b status.
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gcnirvana
05-03 05:46 PM
All,
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
Your passport should be valid atleast 6 months from the date of stamping. So I think you should be okay. Also, its better to apply for a new passport 6 months before your old one expires. And once you get your new passport you'll have to carry both your new and the old ones as your old one will have the stamping till July 2010. Hope this helps!
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
Your passport should be valid atleast 6 months from the date of stamping. So I think you should be okay. Also, its better to apply for a new passport 6 months before your old one expires. And once you get your new passport you'll have to carry both your new and the old ones as your old one will have the stamping till July 2010. Hope this helps!
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lostinbeta
10-20 09:36 PM
It is awesome :)
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Prashanthi
07-22 05:50 PM
Hi
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
My H1 is due for extension this year end.
Valid period of H1 remaining is 1 1/2 year since extension
I understand that H1 extension has to go through the rigorous procedure nowadays.
It needs client letter stating that project will last for 1 year.
Getting such letter is not possible.
So having I140 approved makes thing easy for H1 extension? Or same process for h1 extension is followed
Please reply
Thanks
Abbey
Same process for a H-1 even if you get an I-140 approval, they may not require the client to say that the project will last for 1 year, i have seen that it is sufficient to say that the project is extendable. Ofcourse you might get an officer who is unreasonable, in which case you can file an appeal, no requirement in the law to ask for an 1 year contract to get a H-1.
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sanjose16
02-26 01:00 PM
I'm sorry let me re-phrase:
Is there a RISK to file 2 separate petitions (H4 Extension and H1) in the same time frame?
If yes, what's the option?
Should I say to my employer or lawyer (Company 'A') to not to file H4 extension for my wife because of the overlap of time frames?
Is there a RISK to file 2 separate petitions (H4 Extension and H1) in the same time frame?
If yes, what's the option?
Should I say to my employer or lawyer (Company 'A') to not to file H4 extension for my wife because of the overlap of time frames?
more...
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smisachu
10-14 11:34 PM
I am in the same boat. My 7-9 yr extn will be up in December. My PD is Dec 2005 EB2. I would like to apply for 3 yr extn of H1. I am thinking if I should just renew my EAD instead of renewing my H1. Also what would be the filing fee for H1? $320 or $320 + $1500?
Thanks.
My Green card is in the processing and I-140 was approved
in Dec 2007. The priority date is in Jun 2007 and EB2 category. Applied for renewal of EAD and AP recently.
I am on H1b and it is due for renewal in 3 months. I will be on H1b for 4 1/2 yrs by that time.
I hope h1b will be issued for 3 yrs since pending 485 for more than a year.
I think renewing is helpful just in case if there is any issue with 485.
1. Is it worth to renew H1b?
2. How much will it cost to renew H1b?
3. Since the h1b is issued for 3 yrs based on pending 485. If any issue with 485 will it impact H1b?
Thanks in advance.
Thanks.
My Green card is in the processing and I-140 was approved
in Dec 2007. The priority date is in Jun 2007 and EB2 category. Applied for renewal of EAD and AP recently.
I am on H1b and it is due for renewal in 3 months. I will be on H1b for 4 1/2 yrs by that time.
I hope h1b will be issued for 3 yrs since pending 485 for more than a year.
I think renewing is helpful just in case if there is any issue with 485.
1. Is it worth to renew H1b?
2. How much will it cost to renew H1b?
3. Since the h1b is issued for 3 yrs based on pending 485. If any issue with 485 will it impact H1b?
Thanks in advance.
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gc_on_demand
09-22 09:55 AM
Hello there
I was in same boat except my extention is for 3 year. I asked Att. Ron same that my labor and I 140 is approved and what if I leave this company and join new one and current one withdraw all papers. As per RON once you have I 140 approved and even if company withdraw it u can get 3 years unlimited extention with new company as long as new company apply for GC. Doesnot mean u need anything approved but should be under process. PERM or I 140 OR I 485.
I was in same boat except my extention is for 3 year. I asked Att. Ron same that my labor and I 140 is approved and what if I leave this company and join new one and current one withdraw all papers. As per RON once you have I 140 approved and even if company withdraw it u can get 3 years unlimited extention with new company as long as new company apply for GC. Doesnot mean u need anything approved but should be under process. PERM or I 140 OR I 485.
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cox
June 12th, 2005, 11:52 AM
From these shots, it looks like you made a good investment :)
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srinivasansas
06-15 12:58 PM
I see that majority of the people here are getting ready to apply for 485, I want to track already pending 485.
My Info:
EB3; PD Dec03; 485-Pending since Dec04; FP done Mar06; No LUD
My Info:
EB3; PD Dec03; 485-Pending since Dec04; FP done Mar06; No LUD
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Dakshini R. Sen
06-23 11:18 PM
Hello All,
Need you guys expert advise on a problem that I have just found.
I was on L1 since 2007 and in 2008 got my H1B visa done. Since I was in the US during september and october 2008, I changed my company who held my H1B as of 1st October,2008. I dont have an H1B stamp on my passport as I have not been out of the US.
It was only yesterday that I realised I had a I-797B approval notice, which from what I read yesterday, means that I have a petition approved but without I-94.
Now my L1 I-94 on my passport is valid till November 2010.
Need your help to understand if I have an issue here for the fact that I have worked with my employer who holds my H1B for the past 9 months.
If so what are the challenges that I have and the solutions for them.
Also has anyone been in the same situation.
Would greatly appretiate your help in this.
It is necessary to get more information from you in order to give you a specific answer. If possible please call me or e-mail me in detail with exact dates.
Need you guys expert advise on a problem that I have just found.
I was on L1 since 2007 and in 2008 got my H1B visa done. Since I was in the US during september and october 2008, I changed my company who held my H1B as of 1st October,2008. I dont have an H1B stamp on my passport as I have not been out of the US.
It was only yesterday that I realised I had a I-797B approval notice, which from what I read yesterday, means that I have a petition approved but without I-94.
Now my L1 I-94 on my passport is valid till November 2010.
Need your help to understand if I have an issue here for the fact that I have worked with my employer who holds my H1B for the past 9 months.
If so what are the challenges that I have and the solutions for them.
Also has anyone been in the same situation.
Would greatly appretiate your help in this.
It is necessary to get more information from you in order to give you a specific answer. If possible please call me or e-mail me in detail with exact dates.
pappu
06-15 03:52 PM
Everyone:
This was a GREAT week for all of us. Past three days have changed our discussion topics and we're now more concerned about doctor appointments and certificates. That is a good thing to talk about indeed. But lets not forget this battle goes on and we all need to be together in this journey. No one knows where one will be stuck!! So please continue working with IV agenda and contribute in anyways possible.
New members, please contribute considering the help you're getting from this IV forum. Remember IV needs money to support all of us. We're using so much IV resource and its our duty that we must suport IV.
Thanks IV.
Thanks.
Yes this is very important for us to continue our work. Let us continue to support IV in good times and bad times and stay united.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
This was a GREAT week for all of us. Past three days have changed our discussion topics and we're now more concerned about doctor appointments and certificates. That is a good thing to talk about indeed. But lets not forget this battle goes on and we all need to be together in this journey. No one knows where one will be stuck!! So please continue working with IV agenda and contribute in anyways possible.
New members, please contribute considering the help you're getting from this IV forum. Remember IV needs money to support all of us. We're using so much IV resource and its our duty that we must suport IV.
Thanks IV.
Thanks.
Yes this is very important for us to continue our work. Let us continue to support IV in good times and bad times and stay united.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44
immilaw
09-18 04:15 PM
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
When the state workforce agencies (DOL's) transfered their applications to the Backlog Reduction Centers (BEC), the BEC sent a 45 days letter to the petitioner and the attorney to confirm if they are still interested in proceeding with the pending labor (some were pending for 4-5 years and they do not want to work on it unless the petitioner is still interested). The BEC gives them 45 days to respond, hence the name.
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
When the state workforce agencies (DOL's) transfered their applications to the Backlog Reduction Centers (BEC), the BEC sent a 45 days letter to the petitioner and the attorney to confirm if they are still interested in proceeding with the pending labor (some were pending for 4-5 years and they do not want to work on it unless the petitioner is still interested). The BEC gives them 45 days to respond, hence the name.
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