h1techSlave
04-23 05:26 PM
Can you be a little more specific on what you are doing?
If you don't want to publish it in this open forum, please send me a PM.
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
If you don't want to publish it in this open forum, please send me a PM.
I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.
Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
If there is a chance or idea you want to put forth with your own company, there is no good time than today!
Good luck and let us know.
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boston_gc
01-25 05:49 PM
Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
nirajnp
09-07 02:55 PM
Thanks everyone for your replies...That really helped. One more thing that just crossed my mind.. Per the answer below
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
When she reapplies for her H1 in june 2008 how long will that be valid ? Her first H1 started on Oct 1 2005 and is valid until Oct 1 2008. Currently she has abt 12 months of H1 remaining. So if she changes from H4 to H1 again in june 2008 then will her new H1 be valid until Oct 2008 only ? She must have not utilized 8 months of her H1 i.e from Oct 2007 to May 2008, So will her H1 validity period be 12 months from her application next year i.e. June 2008 + 12 months = May 2009 ?.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
When she reapplies for her H1 in june 2008 how long will that be valid ? Her first H1 started on Oct 1 2005 and is valid until Oct 1 2008. Currently she has abt 12 months of H1 remaining. So if she changes from H4 to H1 again in june 2008 then will her new H1 be valid until Oct 2008 only ? She must have not utilized 8 months of her H1 i.e from Oct 2007 to May 2008, So will her H1 validity period be 12 months from her application next year i.e. June 2008 + 12 months = May 2009 ?.
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akred
04-16 12:05 AM
I am wondering if social science degrees would qualify as STEM. Some examples are -
MS in Psychology
MS in Administration and Criminal Justice
MA in History
MA in Political Science
MS in International Relations
MS in Psychology
MS in Administration and Criminal Justice
MA in History
MA in Political Science
MS in International Relations
more...
absaarkhan
06-12 05:54 PM
What is "Letter of Acquirement’
Can you please tell me what is "Letter of Acquirement’'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, NO Official docs were shared with me.
From whom did u get this letter.
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
Can you please tell me what is "Letter of Acquirement’'
My company is Acquired too, the New Employer just gave me a Letter Copy
explaining the Merger, NO Official docs were shared with me.
From whom did u get this letter.
No need of new H1 if company 'B's' HR has agreed to continue with 'A''s employees.
1. Get a EVL letter from company 'B'. (This is assuming name of 'A' will change to 'B' or new name.
2. You need to get a "Letter of Acquirement" from HR of new company (I am assuming that the name of the company is changing as well). If name does not change then you should be fine. If you have to travel out of US, you need to carry latest copy of EVL(of new company) and "Letter of Acquirement" along with you. (I went thru these few years back, PwCC bought over by IBM, immediately after the takeover I travelled out of US and came back without any problems(on H1)) this was quite a while back though, you may want to check with your company attorney though.
Note:
"Letter of Acquirement’ would state that your 'A' company was bought over by 'B' company on Date and name has now changed to 'B'.
Good luck.
GCCovet
dingudi
11-08 01:22 PM
our notice date on receipt is Sept 12, 2007....but no FP notice yet!
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
There are lot of people who are in the same boat. I am July 2nd filer , ND of sept 10 with TSC, No FP yet.
How long does it take to get FP notice? one of our fren got receipt later than us but already got FP notice ....
There are lot of people who are in the same boat. I am July 2nd filer , ND of sept 10 with TSC, No FP yet.
more...
homers
04-09 08:49 AM
As long as your H1-B application is still being processed, you should be IN STATUS.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
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like_watching_paint_dry
09-07 12:56 AM
aiyo.. caal centers een india do butterr job of trraining weeth amreekan aaxent. that too een one month yonly at one tent the caast. they shud outsorce and use voip and doo enter-acteev training over yenternet. now heer is a phree busy-ness idea farr you. phorget new jerseey kaastly training.
more...
jonty_11
12-13 10:09 AM
ICE (Immi and Customs Enforcement) has busted meat packing plants all over the US to hunt for illegals. This strategy has been going on since the illegals took to the streets actually and was followed by the impractical Border Fence legislation. This puts me in doubt wheter CIR will be considered at all, as USCIS and the Govt. seems to be concentrating on slowly rooting out the Illegals by conducting such raids.
Thoughts?
Thoughts?
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go_guy123
09-16 03:17 PM
I knew it was gonna happen, first it was horses, now its health....:(
"
<b>Health Care First Or Last</b>
Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "
Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)
This is it....over to 2011(for suckers who still believe that it will be done in 2011). 2010 being an election year nothing this radioactive will be done.
"
<b>Health Care First Or Last</b>
Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it � for this Congress and for many more to come. "
Here is the link to the article: ILW.COM - immigration news: Immigration Daily September 17, 2009 (http://www.ilw.com/immigdaily/digest/2009,0917.shtm)
This is it....over to 2011(for suckers who still believe that it will be done in 2011). 2010 being an election year nothing this radioactive will be done.
more...
gc28262
03-09 08:09 AM
I think she need to fill I-9 form to switch to EAD and thus switching out of H1.
Right now she is on H1 as well as AOS.
Right now she is on H1 as well as AOS.
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RollingStone12
04-25 02:06 PM
yes america has its own problems called OBESITY and its OWN CITIZENS who kill each other every day and iys OWN citizens who commit crimes all the time;
A HOLE
Then why you live here...pack your bags you Big A Hole.
A HOLE
Then why you live here...pack your bags you Big A Hole.
more...
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gtg506p
03-09 09:19 AM
Dear All,
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
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abh
08-21 12:15 PM
I couldn't get good rep 10-15 times i called USCIS to tell me more detail than what shows online. One thing i can think of is i was pregnant at the time of my medical and couldnt get xray done as my tb skin test showed positive.
So may be RFE for that. God Know. This waiting is killing me.
Will i get copy of RFE or just my lawyer?
So may be RFE for that. God Know. This waiting is killing me.
Will i get copy of RFE or just my lawyer?
more...
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gemini23
11-19 09:57 AM
Thanks for above posters.
As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.
In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.
As per the above post the I-797 has to be current for EAD renewal. I am not sure how this can be possible if i chose to use my EAD and discard my H1 status. In that case, not only my h1 stamp will be in expired status, and also I will not have a CURRENT I-797.
In that case, should i just send my copy of expired visa stamp and expired I-797 approval copy for EAD renewal? This is for my EAD, not my spouse's ead renewal.
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DSLStart
10-19 07:54 PM
POE officers sometime give hard time while entering. They want documentary proof of urgency why one left country while pending 485 and why outside for longer period. Search some threads here for POE officer's harrasing AP holders.
i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...
I beleive it should be ok, as long as POE immigration does not ask for pay stubs.
gurus, any input please.
i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...
I beleive it should be ok, as long as POE immigration does not ask for pay stubs.
gurus, any input please.
more...
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NikNikon
July 9th, 2004, 05:22 PM
Alright, things are a bit clearer as far as what the numbers on my lens relate to. I was working well on my own in understanding the aperture's operation with the lower the f/number the more light let in and the opposite for the high. Where the light bulb went off over my head from what you explained is the minimum aperture settings in relation to the zoom. That would explain when I have my current lens opened up to 70mm why couldn't stop down to 3.5, I knew there had to be an answer. Thanks Steve, nobody clued me in on that piece of info. I think my next function I'm going to try and master is working with the camera's exposure lock, probably why the sky looks blown out in some of my pics. I'm still up in the air about 28-200mm, maybe I'll sell a kidney and get one that stops 2.8.
OK...so your main interests for this lens are landscape, concert, and sports phototography. First off, when I say the lens is variable aperture from 3.5 to 5.6, that means at the low end f the zomm the aperture will be 3.5. At the long end (200mm) the aperture will be 5.6. The higher the number, the smaller the aperture. The smaller the aperture, the less light gets let in. When less light gets in two things happen, your shutter has to be open longer. and you get more DOF. This will effect your intended shooting situations. Concert photography requires large apertures (smaller f#s). So shooting with that lens in a concert setting will be difficult on the short end, and almost impossible the majority of the time on the long end. 5.6 will require a very slow shutter speed in that circumstance. Same for indoor sports. For landscapes and daylight work, you should not have a problem.....hope this helps a little.
OK...so your main interests for this lens are landscape, concert, and sports phototography. First off, when I say the lens is variable aperture from 3.5 to 5.6, that means at the low end f the zomm the aperture will be 3.5. At the long end (200mm) the aperture will be 5.6. The higher the number, the smaller the aperture. The smaller the aperture, the less light gets let in. When less light gets in two things happen, your shutter has to be open longer. and you get more DOF. This will effect your intended shooting situations. Concert photography requires large apertures (smaller f#s). So shooting with that lens in a concert setting will be difficult on the short end, and almost impossible the majority of the time on the long end. 5.6 will require a very slow shutter speed in that circumstance. Same for indoor sports. For landscapes and daylight work, you should not have a problem.....hope this helps a little.
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chanduv23
11-21 11:08 AM
Wonderful holiday season to all IV members and their families.
Drive safely if you are planning to drive, if you are flying or other means, get early to the place of travel.
Have a wonderful time, have faith on IV and lets keep the grassroots efforts on going.
Drive safely if you are planning to drive, if you are flying or other means, get early to the place of travel.
Have a wonderful time, have faith on IV and lets keep the grassroots efforts on going.
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javadeveloper
08-10 03:10 PM
Hi All,
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
As per my knowledge 2 things considered for 140
1.Company's ability to pay
2.Whether the candiate is really qualified enough (like Education and Experiance) for the position they mentioned in labor - a)If labor petition asks for bachelors , the candidate should have bechelors or higher education b) if the labor petition asks for 1 year experiance , the candidate should have 1 year experiance (this exp excludes the exp from sponsoring company I guess)prior to the PD.
Someone please correct me if i am wrong.
I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.
Please advise.
As per my knowledge 2 things considered for 140
1.Company's ability to pay
2.Whether the candiate is really qualified enough (like Education and Experiance) for the position they mentioned in labor - a)If labor petition asks for bachelors , the candidate should have bechelors or higher education b) if the labor petition asks for 1 year experiance , the candidate should have 1 year experiance (this exp excludes the exp from sponsoring company I guess)prior to the PD.
Someone please correct me if i am wrong.
pd052009
04-28 04:08 PM
Please explain why not?
I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?
The fact is those 5000 people are not in the begining of the line. So you don't see date movement for EB3.
I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?
The fact is those 5000 people are not in the begining of the line. So you don't see date movement for EB3.
jnraajan
01-14 05:08 PM
I have done it once. It all depends on your relationship with your current employer. If they are ok with it, you shouldnt have any problems.
