kanyewest
04-22 11:39 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
Cranberry160
12-02 12:20 PM
Miamikk,
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
I'm in the same boat as you - waiting for the approval of my recapture which I probably won't get until past the recapture expiry this December. Have you filed your COS yet? Let me know how it goes as I plan to do the same this week! Thanks!
Wandmaker, do you know what are the odds of getting approval for COS to B2 from H1B?
I'm about to submit an application for work visa in New Zealand and I want to stay here in the US and wait for my NZ visa approval here. I'm a Filipino national. I'm currently working on some document requirements and my guess-timate is that I'll get my NZ work visa by late January or even February. I do have an employer waiting for me in NZ and I signed an employment contract already. Will all these info be enough to support my application to stay for a few months and leave when I get all my affairs in order (NZ visa,etc)?
Thanks!
wandmaker
11-12 04:24 PM
I choosed the option "receipts not received", reached level 1 support, got transferred to level 2 - CSR checked the status of SR and told me that it takes 45 days to resolve these kind of issue and me/my (both) attorney on record will get the duplicate notice; and asked me to check after a week.
wandmaker,
Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.
wandmaker,
Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.
fromnaija
11-18 05:29 PM
Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
more...
akmypoints
10-29 02:15 PM
Adding to the scenario above, what if the old company (which got I-140 approval) agress to continue the GC process? In that case, can't we apply for H1 extension with Company B using approved I-140 with Company A? After all, GC is a future employment application
mmk123
10-21 05:26 PM
Bills like this are discussed every time, they come and go, year over year.
Any new bill introduced is asked simple question against it by antis and anti-favored-lobbysts - is it going to give any help for China, India, Mexico, Philipines to start with and all the world except western europe?
If they find even a small thing (which they term conveniently as a "loophole"), then lobbysts suggest simple amendments, or keep delaying the hearing under the disguise of "constructive changes" simply to make sure that above stated stuff doesn't happen.
sorry for being blunt. but looks like that's a reality. They oppose any "rationing" of healthcare but support "rationing" of highly-skilled workers as per their "country of origin". What a hipocracy!
Any new bill introduced is asked simple question against it by antis and anti-favored-lobbysts - is it going to give any help for China, India, Mexico, Philipines to start with and all the world except western europe?
If they find even a small thing (which they term conveniently as a "loophole"), then lobbysts suggest simple amendments, or keep delaying the hearing under the disguise of "constructive changes" simply to make sure that above stated stuff doesn't happen.
sorry for being blunt. but looks like that's a reality. They oppose any "rationing" of healthcare but support "rationing" of highly-skilled workers as per their "country of origin". What a hipocracy!
more...
zoozee
08-15 01:57 AM
Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -
andy garcia
02-21 01:45 PM
Going back home is the only backup streategy. Probably everybody who is not contributing to IV, is depending on this backup plan.
What about the ones that cannot go back home?
We need skill bill.
What about the ones that cannot go back home?
We need skill bill.
more...
izolo
06-04 02:11 AM
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
walker15
03-17 10:15 PM
Hi lavanyamohan and mhtahim,
Many of my friends utilized Mr.Gowda for H1B and GC. All my friends & hundreds in the same firm got GC'S without any querries.
Frankly speaking I do not have any personal relations with the company.
I used his services and felt exactly what mhtahim mentioned about Gowda. He is reasonable and professional.
All the best
Many of my friends utilized Mr.Gowda for H1B and GC. All my friends & hundreds in the same firm got GC'S without any querries.
Frankly speaking I do not have any personal relations with the company.
I used his services and felt exactly what mhtahim mentioned about Gowda. He is reasonable and professional.
All the best
more...
geniousatwork
05-28 01:41 PM
I cannot get the approved 140 notice from the employer, so trying to see if I can get it from somewhere else.
You can also locate the priority date in the I-140 approval notice.
You can also locate the priority date in the I-140 approval notice.
gccovet
11-20 08:40 AM
I filed for my EAD in August, got an approval for EAD (2 yrs) and AP for one yr but no FP notice. What should I do
I checked with my lawyer and she says previous FP is valid for 15 to 18 months
Kindly Advise what should i do...
Did you paper file or efile?
If paper filed, no FP is required.
GCCovet
I checked with my lawyer and she says previous FP is valid for 15 to 18 months
Kindly Advise what should i do...
Did you paper file or efile?
If paper filed, no FP is required.
GCCovet
more...
karthkc
05-11 02:46 PM
This is a common scenario for some IT folks who were here during the downturn from 2001 through 2005 and is not a big deal in your case.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
USCIS may or may not check your entire status history. My gut feel is if they have all your W2's during that period and someone takes a closer look at it and sees a discrepancy (if there is one) in terms of actual income and the minumum income based on your H1B annual salary you should have made for that year, then you may have an issue. However, that is not likely and I have not seen cases along those lines yet. If anyone in this forum have come across such a situation, please post and let us know specifics if you can.
In that extreme case, get a hold of a good lawyer if you dont have one and have them craft an appropriate response to the RFE since it is important that the right policy and regulations information is mentioned in the response letter.
Hope that clears it a bit!
Hi,
Thanks a lot for your reply. I really appreciate it.
Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????
I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.
Correct me if I am wrong on this.
Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??
I will really appreciate your response.
Thanks.
watzgc
02-12 06:40 PM
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
Hi , is the limit for 240 days only or TILL we get the approval ?. What do we need to after 240 days ?. Thanks.
Hi , is the limit for 240 days only or TILL we get the approval ?. What do we need to after 240 days ?. Thanks.
more...
pbojja
01-08 10:41 AM
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
I understand this is your first post but..This question looks more demanding than a request for suggestion ...
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
I understand this is your first post but..This question looks more demanding than a request for suggestion ...
veni001
11-05 09:27 AM
That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
more...
STAmisha
11-16 09:44 AM
janakp
I'm not lucky like others. This is my company's lawyer. This is the first case in my company (15 years) where any sort of rejection/RFE/downgrade to TR is done.
I'm not lucky like others. This is my company's lawyer. This is the first case in my company (15 years) where any sort of rejection/RFE/downgrade to TR is done.
andy garcia
07-18 04:19 PM
thanks for the answer buddy
woaaah.. that's a very little number.... :p
Last year the top 5 countries in EB got all these visas:
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
woaaah.. that's a very little number.... :p
Last year the top 5 countries in EB got all these visas:
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
eb3_nepa
02-03 12:36 PM
Hi guys,
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
Got an email from Sen Specter's office today out of the blue. I must have emailed him during S1932.
Subject: Re: Help to resolve retrogression affected employment based immigrant visa categ
Date: Fri, 3 Feb 2006 13:31:03 -0500
Dear Mr. XXXX :
Thank you for contacting my office regarding immigration reform. I appreciate your concern regarding this important matter.
Reforming our current immigration laws has become increasingly necessary in light of the growing number of illegal immigrants entering the country. On a daily basis, there are a number of press reports highlighting the problem that our borders are largely unprotected. However, we also have a great need for labor in this country, both skilled and unskilled, which adds to the complexity of the situation. We also see a certain apathy and resentment toward immigrants; notwithstanding the fact that this country was built by immigrants and that we need immigrants in order to sustain our economic vitality. At present, there are several bills pending before the Senate Judiciary Committee aimed at correcting various aspects of the problem. As Chairman, I circulated a Chairman's Mark to address the complex issues that we will face as we being to reform immigration laws. My proposal is a discussion draft intend! ed to move the debate forward with the anticipation that the Senate will address the issue early this year.
I sincerely appreciate your taking the time to bring your views on this important matter to my attention. As your United States Senator, it is essential that I be kept fully informed on the issues of concern to my constituents. Be assured that I will keep your thoughts in mind on this issue and related issues during the 109 th Congress. Should you have any further questions, please do not hesitate to contact my office or visit my website at www.specter.senate.gov .
Sincerely,
Arlen Specter
nozerd
02-02 12:55 PM
You have to apply at HRDC office in the city nearest to where you land. HRDC is Human Resources Development Canada and they issue SIN CARDS. Google it.
Just make note that they are not open on Weekend. You can only apply for SIN on weekday.
Just make note that they are not open on Weekend. You can only apply for SIN on weekday.
whoever
07-20 02:09 PM
actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.
