485_se_dukhi
08-15 08:56 AM
I'm posting it where ever I can on different forums.
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rvr_jcop
02-16 03:49 PM
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
There are about 90% chances that you will get RFE with the extension.Lets say there are about 50 to 60% cases those are getting approved without any RFE. In either case does this answer helpful to you?
I guess, NOT. You should make the decision based on your new job/employer. If you have everything in place, and you never been out of status, filed LCA according to the rules in the past, employer played by the rules, both past employer and the future, you should not have any issues with the extension.
Nobody can say do this or do that. End of the day, its all yours. PLEASE FILL UP your profile.
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
There are about 90% chances that you will get RFE with the extension.Lets say there are about 50 to 60% cases those are getting approved without any RFE. In either case does this answer helpful to you?
I guess, NOT. You should make the decision based on your new job/employer. If you have everything in place, and you never been out of status, filed LCA according to the rules in the past, employer played by the rules, both past employer and the future, you should not have any issues with the extension.
Nobody can say do this or do that. End of the day, its all yours. PLEASE FILL UP your profile.
prdgl
07-07 10:16 PM
I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
are you talking about filing LC for ad sent out already that I said ? or ...
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
are you talking about filing LC for ad sent out already that I said ? or ...
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ars01
06-27 10:48 AM
My lawyer asked me to write my A# from my OPT card that I used in 1999-2000. According to him A# is assigend once for an individual and if you were assigned before you can continue to use that in future. Though I never used that in the past 7-8 years.
My wife got an OPT card last month and we used A# from that card for her dependent I-485 application
My wife got an OPT card last month and we used A# from that card for her dependent I-485 application
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mnq1979
05-14 08:13 PM
I have couple of questions and would like GURUS to reply:
1) Can any one tell me that what triggers the Employment RFE. Like in what instances the USCIS sends the RFE for employment verfication.
2) I am not working for the employer who sponsered me for the green card, but i can always get the letter from him stating that the position for which he sponsered me is still available.
If i get the employment RFE will it be OK to send the letter from the employer who sponsored me or do i have to get the letter from my current employer.
Please shed some light on it. !!!!
1) Can any one tell me that what triggers the Employment RFE. Like in what instances the USCIS sends the RFE for employment verfication.
2) I am not working for the employer who sponsered me for the green card, but i can always get the letter from him stating that the position for which he sponsered me is still available.
If i get the employment RFE will it be OK to send the letter from the employer who sponsored me or do i have to get the letter from my current employer.
Please shed some light on it. !!!!
eb3retro
10-24 03:47 PM
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Great advice, I sincerely thank you for your time.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Great advice, I sincerely thank you for your time.
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vinay@ocean
06-08 11:52 PM
Hi all,
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
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mihird
10-25 01:30 PM
My I-140 doesn't have any "valid until" date on it...I believe, I-140s are pretty much valid indefinitely as long as they are not revoked by the employer...
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gccube
04-08 10:18 AM
I called the TSC IO a few times and finally it got cleared. Yes my PD is current and I wish the case gets assigned to some one soon.
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jayleno
07-08 11:25 PM
Hi Guys,
Just expressing my opinion. I too feel its not good idea to involve Indian Consulate, just coz we are in course of becoming a permanent resident of a different country and it has nothing to do with our Indian citizenship.
Jay
Just expressing my opinion. I too feel its not good idea to involve Indian Consulate, just coz we are in course of becoming a permanent resident of a different country and it has nothing to do with our Indian citizenship.
Jay
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needhelp!
08-30 05:33 PM
As IV grows up, we should have a hall of fame for folks like you who have shown continued support to the cause. I am here now because I am affected, but to be here after its all said and done, is greatness.
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GCNirvana007
10-05 11:11 PM
that was hilarious GCN007...BTW my wife got approved to finally....
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
Thanks and great news on your wife's approval bud.
Years ago or should I say ages ago not even in the US of A but at Heathrow at the American Airlines counter (that time I was a student for MS) the lady was going thru my I-20 and was asking for additional documents et al...so I had this bunch of documents in my folder...and her eyes landed on my degree certificate...she asked me you have a degree from IIT and you couldn't get a job still ? that's why you are going for your MS....i was like well I wanted to do research....why not in India? I was like this is not even USA and this is my 2nd visit to USA (after the Christmas break in the 2nd year)....why are they asking so many questions and this is pre-9/11.....
I was like why is she harassing me....Do you have intentions of staying back in the USA after you finish your MS....I said no I plan to do my PhD in the UK...She gave me a ugly look and stamped my passport and let me go....
SoP
Thanks and great news on your wife's approval bud.
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Dakshini R. Sen
06-26 11:17 AM
Thank You Ms. Sen.
Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?
Thanx in advance
There is a �Streamline� e-mailbox for EB-3 I-140s for AILA attorneys to send inquiries. If EB-3 I-140 case was filed prior to December 31, 2008, AILA attorneys can submit an inquiry to this specific e-mail address provided by the USCIS. This is available only if the case is filed at the Texas Service Center.
So if your case falls under this category please request your attorney to send an e-mail inquiry to this streamline e-mail address and make an inquiry.
Dakshini R. Sen
Attorney at Law
Law offices of Dakshini R. Sen, P.C.
212-242-1677
713-278-1677
Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?
Thanx in advance
There is a �Streamline� e-mailbox for EB-3 I-140s for AILA attorneys to send inquiries. If EB-3 I-140 case was filed prior to December 31, 2008, AILA attorneys can submit an inquiry to this specific e-mail address provided by the USCIS. This is available only if the case is filed at the Texas Service Center.
So if your case falls under this category please request your attorney to send an e-mail inquiry to this streamline e-mail address and make an inquiry.
Dakshini R. Sen
Attorney at Law
Law offices of Dakshini R. Sen, P.C.
212-242-1677
713-278-1677
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optimist578
11-19 09:56 AM
Hello All,
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.
more...
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martinvisalaw
03-24 01:45 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
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desi485
10-09 06:19 PM
it happened to me when everyone else had received, I was still waiting for receipts.
emailed my HR and in turn asked lawyer -> advice -> wait for 90 days. if not, then we can ask USCIS.
in ur case, already 90 days.
go ask USCIS. u may have to give them proof of UPS or FedEx receipt
emailed my HR and in turn asked lawyer -> advice -> wait for 90 days. if not, then we can ask USCIS.
in ur case, already 90 days.
go ask USCIS. u may have to give them proof of UPS or FedEx receipt
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indyanguy
01-13 12:01 PM
Did your exp. letter have the number of hours (40hrs/ week) mentioned? I had an RFE for my I-140 as well (one of the points in the RFE was for exp.) . The exp. letters I submitted did not mention 40 hrs/ week. I got the letters reissued with 40 hrs/ week and that cleared the RFE. The RFE clearly mentioned that the exp. letter did not specify the number of hours worked per week.
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
Yes! It clearly mentions 40 hours per week on the letters. They also have the skillset that is listed on the Labor.
Lawyer says they haven't even looked at the letters which is hard for me to believe. If we submit the letters again and the IO is not satisfied, do we get another chance or would it be a denial?
Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.
Yes! It clearly mentions 40 hours per week on the letters. They also have the skillset that is listed on the Labor.
Lawyer says they haven't even looked at the letters which is hard for me to believe. If we submit the letters again and the IO is not satisfied, do we get another chance or would it be a denial?
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kshitijnt
05-14 07:44 PM
Dont worry they would not retaliate. I had written highly critical emails back in 2004. Not a problem.
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India76
06-04 11:24 AM
Senate is planning to vote on THIS friday and I don't see any urgency or any heat(debate) on this topic. today they will strat debating at 2:30????
smiledentist
10-25 03:40 PM
Thanks, I am not sure if it applies to only H1 or even to I 140.
immigrationmatters30
06-04 07:54 AM
1- how will be the process and how much are the fees?
--You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
2- How long does it take?
Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
3- Do I have to go back to my home country to get the new stamp for extension?
After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
4- Is there any way to renew it in USA?
No
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
-Not really.
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?
You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
7- Is there anything else that my employer and I should know and consider?
You- Make sure you have real paying job in US with your employer.
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
--You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
2- How long does it take?
Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
3- Do I have to go back to my home country to get the new stamp for extension?
After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
4- Is there any way to renew it in USA?
No
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
-Not really.
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?
You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
7- Is there anything else that my employer and I should know and consider?
You- Make sure you have real paying job in US with your employer.
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