akela_topchi
01-20 12:42 AM
Dear Friends
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
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pou-pou
04-18 11:50 PM
Aww. That first one is a pearl, but that price wrecks it :S
How about some neat pixelfont and just some tiny mark on bottom right or upper left corner. Something that doesn't break that atmosphere. :love:
How about some neat pixelfont and just some tiny mark on bottom right or upper left corner. Something that doesn't break that atmosphere. :love:
sircaustic
05-13 10:45 PM
Like I said earlier, you have 240 days before you go out of status. If you are receiving an RFE, it means your case is under review. Upon receiving your response to the RFE, the officer should be able to adjudicate case fairly soon. However, if you are nervous, I recommend file for an expedited review when sending your response. That said, I would hate to pay the extra $$$$ if I don't have to.
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Lasantha
11-06 01:48 PM
Hello,
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
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desanar
04-04 06:17 PM
If individual have US degree (Bachelor of Science in Nursing) along with B. SC in Microbiology from Indian, 1 yr Medical Lab Technician Course and 18 months Lab Assistance experience. Individual is on H4 visa, based on above qualification would student eligible for H1B visa? Person does not have SSN so do not qualify to get RN license in CA state. Any useful response will be kindly appreciated.
agiridhar
04-17 12:24 AM
Looks like from the posts from the main page that its a love-hate relationship between these job-shops. And the problem is analogous to chicken & egg problem, one can never understand who is insane and one cannot survive without the other.
Also may be this cannot be generalized but must be dealt on case by case basis. As every individual and entity and their circumstantial situation is different.
Also may be this cannot be generalized but must be dealt on case by case basis. As every individual and entity and their circumstantial situation is different.
more...
desi3933
06-18 03:38 PM
Hi,
Suppose the 485 is filed for a position (salary 70K). When using AC21, does the salary in the new company matters? Suppose if its 110K?
Also, does the title matter? Do we need to get the exact job title in the new company?
It may be one the criteria to check if the new job is same or similar.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Suppose the 485 is filed for a position (salary 70K). When using AC21, does the salary in the new company matters? Suppose if its 110K?
Also, does the title matter? Do we need to get the exact job title in the new company?
It may be one the criteria to check if the new job is same or similar.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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90210
07-19 10:57 AM
Thank you Solaris.
But what I need is the Employer Offer letter to me. They gave me a letter with some 3 lines saying my job title, Salary and start date. It does not include the Job responsibilities. It does not even say the word "Full Time". When I asked them they said that is their standard format.
Do you have format that I can use. I want to send them and insist that I get the letter in that format.
But what I need is the Employer Offer letter to me. They gave me a letter with some 3 lines saying my job title, Salary and start date. It does not include the Job responsibilities. It does not even say the word "Full Time". When I asked them they said that is their standard format.
Do you have format that I can use. I want to send them and insist that I get the letter in that format.
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vban2007
10-23 03:17 PM
:)
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ksircar
06-23 12:39 PM
If dates stay current (expected for maybe July), I-485 processing is FIFO based on receipt date of I-485.
If dates retrogress, I-485 processing is FIFO based on PD.
IF dates stay current THEN
I-485 processing is FIFO based on receipt date of I-485
ELSE
I-485 processing is FIFO based on PD
END IF
:)
If dates retrogress, I-485 processing is FIFO based on PD.
IF dates stay current THEN
I-485 processing is FIFO based on receipt date of I-485
ELSE
I-485 processing is FIFO based on PD
END IF
:)
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sidbee
05-27 12:41 PM
http://online.wsj.com/article/SB124338175183056465.html
Accenture is one of the big US consulting companies. They are moving to Ireland , as Mr President is trying to make Tax laws to stop outsourcing.
Looks like IBM would be the next to follow.
Accenture is one of the big US consulting companies. They are moving to Ireland , as Mr President is trying to make Tax laws to stop outsourcing.
Looks like IBM would be the next to follow.
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la_guy
06-27 08:06 PM
______________________________
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sethurama
10-18 01:33 PM
Hi rpatel,
My 140 was approved few months back. My lawyer specifed consular processing without my knowledge.
How do i change it to AOS?. I heard that when my PD is current NVC will sent forms. Do I need to specify AOS in that form?. Who will get those forms?. Attorney or applicant.
Please respond
Thanks a lot
Ram
My 140 was approved few months back. My lawyer specifed consular processing without my knowledge.
How do i change it to AOS?. I heard that when my PD is current NVC will sent forms. Do I need to specify AOS in that form?. Who will get those forms?. Attorney or applicant.
Please respond
Thanks a lot
Ram
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surabhi
06-23 10:45 AM
This thought occured to me this morning and wanted to bounce off. Feel free to trash it if it is not practical.
I have seen somewhat lukewarm response to Fund raising and I feel there is potential to multiply the effect.
If there is a way for IV to match up clients and IV members for part time efforts and the revenue going to IV, I think it will have bigger impact in terms of fund generation.
How it can work?
Assuming core team and extended leadership team at IV has networked into the Industry, it can get pieces of work carved out. These deliverables are those that can be collaborated on, worked on remotely.
These need not be necassarily in IT. It could be in advertising, acocuonting, graphic designing etc.
IV will seek volunteers interested in participating in this initiative and build skills database and try matching up with the services required.
All the revenue from such services will go to IV.
For IVians who volunteer, besides satisfaction of contributing to the cause, industry networking is a nice offshoot.
This may be my opinion, but volunteering is easy if it is something you do as your second nature.
I have seen few non-profit organizations provide services for a fee. I am not sure what restrictions are placed on IV from a taxation point of view. But over time, the fund raising wing of IV could be delivering on some niche solutions. I am sure some sympathetic corporations would be supporting by providing work.
I have seen somewhat lukewarm response to Fund raising and I feel there is potential to multiply the effect.
If there is a way for IV to match up clients and IV members for part time efforts and the revenue going to IV, I think it will have bigger impact in terms of fund generation.
How it can work?
Assuming core team and extended leadership team at IV has networked into the Industry, it can get pieces of work carved out. These deliverables are those that can be collaborated on, worked on remotely.
These need not be necassarily in IT. It could be in advertising, acocuonting, graphic designing etc.
IV will seek volunteers interested in participating in this initiative and build skills database and try matching up with the services required.
All the revenue from such services will go to IV.
For IVians who volunteer, besides satisfaction of contributing to the cause, industry networking is a nice offshoot.
This may be my opinion, but volunteering is easy if it is something you do as your second nature.
I have seen few non-profit organizations provide services for a fee. I am not sure what restrictions are placed on IV from a taxation point of view. But over time, the fund raising wing of IV could be delivering on some niche solutions. I am sure some sympathetic corporations would be supporting by providing work.
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maheshf
03-21 03:43 PM
Please let me know your thoughts. Does amendment means..i will have to wait anothr 180 days from amendment date? I assume it doesn't impact anything else
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augustus
07-09 04:07 PM
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
more...
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mannubhai
05-19 11:14 PM
Hi,
I came to the USA on F-1 student visa which is expired on 2005. Currently I have H1B status (I-797 form) (and NOT a stamped visa) and I-94 attached to the I-797 form.
My question is that. Can I visit Canada for less than 30 days and coming back without the need to get a visa (automatic visa re-validation) OR I have to get a visa?
I am worried because I never have a stamped H1B visa on my passoprt. Only H1B status + I94 which are not attached to the passoprt?
I need your help and how can I make sure as I do not want to lose my job.
Thank you,
John
I think you will need a Visa.
I remember a bulletin from Murthy.com a few months back mentioning a rule where people going for first time H1 B stamping (from F1, H4) cannot get their H1 stamped in Mexico and the rule was soon to be followed in Canada as well. Please search the Murthy.com site for more information on this but i would advice going to home country.
Other members - please let us know if you are better informed.
I came to the USA on F-1 student visa which is expired on 2005. Currently I have H1B status (I-797 form) (and NOT a stamped visa) and I-94 attached to the I-797 form.
My question is that. Can I visit Canada for less than 30 days and coming back without the need to get a visa (automatic visa re-validation) OR I have to get a visa?
I am worried because I never have a stamped H1B visa on my passoprt. Only H1B status + I94 which are not attached to the passoprt?
I need your help and how can I make sure as I do not want to lose my job.
Thank you,
John
I think you will need a Visa.
I remember a bulletin from Murthy.com a few months back mentioning a rule where people going for first time H1 B stamping (from F1, H4) cannot get their H1 stamped in Mexico and the rule was soon to be followed in Canada as well. Please search the Murthy.com site for more information on this but i would advice going to home country.
Other members - please let us know if you are better informed.
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akred
06-18 02:09 AM
my company lawyer did not ask for any tax returns or w2 forms .. Should they be submitted as part of "initial evidence"
Tax returns are not part of "initial evidence". You have to provide them if asked by the USCIS.
BTW, the IRS will mail you tax transcripts for free if you call them. You will get them within a few days.
Tax returns are not part of "initial evidence". You have to provide them if asked by the USCIS.
BTW, the IRS will mail you tax transcripts for free if you call them. You will get them within a few days.
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dollar500
01-03 11:29 PM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
martinvisalaw
07-13 03:09 PM
It's hard to answer your question without more details, such as your current status. Company B can definitely file a new H-1B for you. Your current status will dictate whether you "need" to tell them about the earlier filing. However, having a prior petition filed might not have any negative impact, so you probably don't need to be nervous about telling Co. B.
cooler
08-17 10:36 AM
My PD is Nov 24th 2005. EB2- India. Filed @NSC
Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.
I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.
I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.
Has anyone got slapped on the hand for not following this?
I have also sought help from my senator, however no useful information has come out of it.
Are their any other options available?
Dates are current for my priority date. Havent heard anything USCIS on the primary or derivative case.
I opened a SR on 08/6th because the case should have been picked up based on their processing times. Haven't yet received any response on this.
I want to schedule an infopass appointment however looks like we need to wait for 30 days from the date of opening an SR, before scheduling this appointment.
Has anyone got slapped on the hand for not following this?
I have also sought help from my senator, however no useful information has come out of it.
Are their any other options available?
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