nagu
02-26 02:41 PM
Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
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anilsal
01-03 12:00 PM
http://www.indiapost.com/members/sto...?story_id=5938
The Indian PM asking for liberalized immigration in the developed world.
The Indian PM asking for liberalized immigration in the developed world.
bazuka6
02-29 02:14 PM
I have done this successfully twice (extended) , but you do have to fill out that column. Its a big risk to give incorrect info, since they will find out with A#.
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dvb123
06-01 10:43 PM
We are in an era of US Immigration where a Fashion model work permit bill would have a better chance of clearing the house than a highly skilled immigrants bill.
05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008
As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!
http://www.immigration-law.com/
The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.
USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.
http://www.murthy.com/news/n_revcsp.html
The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness
The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.
I think this is the only solution to our saga.
05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008
As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!
http://www.immigration-law.com/
The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.
USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.
http://www.murthy.com/news/n_revcsp.html
The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness
The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.
I think this is the only solution to our saga.
more...
BMWX5
12-26 08:28 AM
Hi
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
I talked to lot of people about using AC21, nobody is clear.
Since you confirmly mentioned that you'll invoke AC21 next week, could you inform us as you proceed further in this process. Please remember you are helping the whole community.
PS: Sorry I could not answer your question.
I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.
As I will not be on H1B and neither I have Green Card ?
I talked to lot of people about using AC21, nobody is clear.
Since you confirmly mentioned that you'll invoke AC21 next week, could you inform us as you proceed further in this process. Please remember you are helping the whole community.
PS: Sorry I could not answer your question.
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xlr8r
06-10 04:23 PM
Took about 2.5 months for me. I would ask for a complete copy of the Alien record.
I would suggest that you ask them to provide you with the result of the FOIA on a CD. CD has no charge.....
thanks man and one more favor
what should I specify underneath
Identify the documents, records, or information you are seeking. Be as specific as possible.
section if I need all the documents submitted with my I-485 application?
I would suggest that you ask them to provide you with the result of the FOIA on a CD. CD has no charge.....
thanks man and one more favor
what should I specify underneath
Identify the documents, records, or information you are seeking. Be as specific as possible.
section if I need all the documents submitted with my I-485 application?
more...
newlab
08-18 07:33 PM
Hi All,
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
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bhasky25
12-20 06:38 PM
I just received a NOID for my 485(No LUD on the online status, received direct mail) saying that my underlying 140 is withdrawn and AC21 not filed. I have filed for AC21 last june (yes June 2009) along with my RFE (asking for G325a, Medical, Birth Certificate and 10th marksheet - this was during the Pre-adjudication time). My 140 was withdrawn by my employer as I had changed jobs under AC21 provisions(left employer in Jan 2009, filed AC21 in June 2009 and 140 withdrawn Dec 2009). Guess I will send the entire paper work again. I am EB3 India with Feb 2004 PD and I am no where near being current so I am trying to figure out if it is just me or is this the new scam that USCIS found to harass us!!!
PS: My friend who is from the same employer, similar case (Nov 2003, EB3 with AC21 filed) also got a NOID. He responded to it yesterday. Guys, post here if you also received the same.
PS: My friend who is from the same employer, similar case (Nov 2003, EB3 with AC21 filed) also got a NOID. He responded to it yesterday. Guys, post here if you also received the same.
more...
AirWaterandGC
06-07 09:49 AM
so for employment based Gc, folks whose priority date is may 15, 2007 or later are in trouble OR folks whose I-140 is not filed before may 15, 2007 are in trouble ? Also what happens to someone who changes job, filed GC again has priority date/I-140 of a date earlier to may 15,2007
this is related to family sponsored by citizens and green card holders.
this is related to family sponsored by citizens and green card holders.
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bombaysardar
08-01 09:18 PM
What is interesting in this? This is not interesting, this is published guideline from USCIS. But the outcome is not guaranteed to get an EAD.
Many of the users may not be aware of this feature - thanks for flagging it 'jazzbythebay':)
Many of the users may not be aware of this feature - thanks for flagging it 'jazzbythebay':)
more...
mmk123
10-14 06:47 PM
That's old news my friend. Recent news is about 50M to Harvard Business School.
Tata Group’s $50M fuels Harvard Business School growth - BostonHerald.com (http://www.bostonherald.com/business/general/view/20101014tata_groups_50m_fuels_harvard_business_sch ool_growth)
Tata Group’s $50M fuels Harvard Business School growth - BostonHerald.com (http://www.bostonherald.com/business/general/view/20101014tata_groups_50m_fuels_harvard_business_sch ool_growth)
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supers789
09-21 05:07 PM
Thanks for the reply. But I have not yet received the approval. I have just received the receipt of H1B transfer application, and I am worried if they would not approve H1B transfer application since middle name has a typo. Please reply.
more...
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amsgc
01-23 11:23 AM
Let me start my saying that H-1B status and H-1B visa are, somewhat related, but two different things.
If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.
Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.
Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.
If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (http://immigrationvoice.org/forum/showthread.php?t=16506)!
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.
Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.
Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.
If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (http://immigrationvoice.org/forum/showthread.php?t=16506)!
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
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sw33t
07-31 10:26 PM
24 and counting.
Please join - http://groups.yahoo.com/group/texasiv
Please join - http://groups.yahoo.com/group/texasiv
more...
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nozerd
01-19 03:34 PM
Date when LC is filed if its in a category where LC is required. If its NIW or Scheduled A then PD is date I 140 is filed.
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wandmaker
11-01 08:21 PM
Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Showing H1/H4 notice will lead to confusion and @POE, officer will not issue I-94 per H1/H4 notices. Rather, you show your AP and re-enter the country, and your I-94 will be issued as Parolee w/ the validity of 1 year. You can still work for your H1B employer in H1 status and continue to renew when it expires. My 2 cents.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Showing H1/H4 notice will lead to confusion and @POE, officer will not issue I-94 per H1/H4 notices. Rather, you show your AP and re-enter the country, and your I-94 will be issued as Parolee w/ the validity of 1 year. You can still work for your H1B employer in H1 status and continue to renew when it expires. My 2 cents.
more...
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GCHPLC
10-22 06:14 AM
I hear you! My daughter will go to the college next year. Do you consider Mandamus in close future?
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hibworker
09-15 03:13 PM
Its a typo... they copy - pasted EB3-C dates.
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sundar99
05-01 03:48 PM
Folks,
CNN - and Media Coverage of Immigration
Wanted to suggest..today they are showing a wide variety of perspectives on Immigration problem. I have seen in the recent past on one such programs they invite people to call and express their views.
Perhaps it is time for folks to dial the 1-800 number and speak up on the retrogession issues, backlog inefficencies, eb2, eb3 being stuck for china, india, inabitliy of spouses to work and request for lengthier h1 extensions, asking for GC for those who are here for more than 5 years etc...
The views will be aired in public and I am pretty sure all the politicians will be watching with interest, they will also hear the difference bet Legals and Illegals and also the problems faced by legal immigrants - First Hand.
Perhaps it may be a worthwhile idea to discuss what to talk !
CNN - and Media Coverage of Immigration
Wanted to suggest..today they are showing a wide variety of perspectives on Immigration problem. I have seen in the recent past on one such programs they invite people to call and express their views.
Perhaps it is time for folks to dial the 1-800 number and speak up on the retrogession issues, backlog inefficencies, eb2, eb3 being stuck for china, india, inabitliy of spouses to work and request for lengthier h1 extensions, asking for GC for those who are here for more than 5 years etc...
The views will be aired in public and I am pretty sure all the politicians will be watching with interest, they will also hear the difference bet Legals and Illegals and also the problems faced by legal immigrants - First Hand.
Perhaps it may be a worthwhile idea to discuss what to talk !
Blog Feeds
01-21 09:50 AM
Via The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
An article in the Economic Times discusses the findings of a think-tank which indicated that the United States may have violated its obligations unde the General Agreement on Trade in Services (GATS) by the newly implemented H and L fee increase for certain US Petitioners, "As a result, a WTO Member whose companies use H-1B and L-1 visas to perform services in the United States may challenge this provision at the World Trade Organization."
Read article (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/us-violated-gats-by-increasing-h1b-l1-visa-fee/articleshow/7232740.cms)
More... (http://ashwinsharma.com/2011/01/13/us-violated-gats-by-increasing-h1b-l1-visa-fee---via-the-economic-times.aspx?ref=rss)
dealsnet
05-10 12:54 PM
Your understanding is wrong. 6 years in H1B only considered. They don't count period on L1,L2,H4 etc....
See the link.
USCIS MEMO.
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf
ALSO from A LAWYER'S SITE.
USCIS Memo Time in H4 and L2 Status No Longer Counts Towards H1 or L1 Time - Law Firm Litwin & Associates, A Law Corporation Attorneys South San Francisco, California (http://www.litwinlaw.com/CM/ImportantAnnouncements/USCIS-Memo-Time.asp)
As I understand, the 6 yrs time period includes the time spent on any type of H visa - H1 or H4.
See the link.
USCIS MEMO.
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf
ALSO from A LAWYER'S SITE.
USCIS Memo Time in H4 and L2 Status No Longer Counts Towards H1 or L1 Time - Law Firm Litwin & Associates, A Law Corporation Attorneys South San Francisco, California (http://www.litwinlaw.com/CM/ImportantAnnouncements/USCIS-Memo-Time.asp)
As I understand, the 6 yrs time period includes the time spent on any type of H visa - H1 or H4.
