bkarnik
11-07 11:57 AM
Any members in Iowa, please post here.
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rdehar
07-27 09:20 AM
You can change from L-1 to H-1 as long as your H-1 is approved and valid.
No you do not need to get it stamped while in US. Only if you go out of US and come back, you will need stamped H-1.
No you do not need to get it stamped while in US. Only if you go out of US and come back, you will need stamped H-1.
praneet
08-19 10:12 PM
Hi there,
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
2011 Video: Lady Gaga quot;Paparazziquot;
thesaintmav
10-15 09:20 PM
I need some advice.
I have a PD of November 9th 2001 (EB3).
My 140 and 485 was filed on August 2003.
My 140 was approved in Feb 2004.
I am now retrogressed with the November Visa bulletin showing an April 22nd 2001 PD for EB3.
As we can all see EB3 is move very very slowly and probably will continue this way (I hope I am wrong), while EB2 is already current for my PD.
From my information and some threads on this forum. I believe I have the option of filing for an EB2, while maintaining my current PD.
My Questions:
1. Does it make sense for me to refile in EB2, given my situation? PD Nov 2001 in EB3.
2. Can I apply for EB2 through the same company. (my current company)?
3. What is the process of doing so (EB3 to EB2)? Would I have to refile for labor, 140 and 485, or is their a way I could directly file for I485, since my I140 is approved and I am in the same company.
4. Would the EB2 case be a new case altogether, i.e. not related to my existing EB3 case again providing the fact that I have NOT changed employers?
5. Would I be able to use the experience I have gathered in my current job (5.5 years) in the EB2 conversion.
I will appreciate your help.
Thanks
I have a PD of November 9th 2001 (EB3).
My 140 and 485 was filed on August 2003.
My 140 was approved in Feb 2004.
I am now retrogressed with the November Visa bulletin showing an April 22nd 2001 PD for EB3.
As we can all see EB3 is move very very slowly and probably will continue this way (I hope I am wrong), while EB2 is already current for my PD.
From my information and some threads on this forum. I believe I have the option of filing for an EB2, while maintaining my current PD.
My Questions:
1. Does it make sense for me to refile in EB2, given my situation? PD Nov 2001 in EB3.
2. Can I apply for EB2 through the same company. (my current company)?
3. What is the process of doing so (EB3 to EB2)? Would I have to refile for labor, 140 and 485, or is their a way I could directly file for I485, since my I140 is approved and I am in the same company.
4. Would the EB2 case be a new case altogether, i.e. not related to my existing EB3 case again providing the fact that I have NOT changed employers?
5. Would I be able to use the experience I have gathered in my current job (5.5 years) in the EB2 conversion.
I will appreciate your help.
Thanks
more...
newbee7
07-15 08:04 AM
The whole process in complicated and needs a lot of back and forth btwn hr/attorney. Most attorney's will take 4-6 months at min.
shreekhand
06-24 05:08 PM
It depends on which USCIS district you are applying from... but all in all these days between 3-6 months from applying to taking oath. Times for military personnel might vary.
Your country of birth/current citizenship has no bearing on times (unlike for Green Card)
Go here and check the service center closest for N-400 timelines: https://egov.uscis.gov/cris/processTimesDisplay.do;jsessionid=bac585
Note: These timelines do no include time for taking oath.
Hi folks
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
Your country of birth/current citizenship has no bearing on times (unlike for Green Card)
Go here and check the service center closest for N-400 timelines: https://egov.uscis.gov/cris/processTimesDisplay.do;jsessionid=bac585
Note: These timelines do no include time for taking oath.
Hi folks
Hi Folks
Assuming & God Willing I get my GC then , how long does it take to get US Citizenship. Does it matter which state you are working in and the Queues , State Wide Differ OR its the same slab.
Can someone point me to the webpage on USCIS that tells you how long the Q is . Does it matter , what your prev. nationality before GC was like to Priority Date my country or no relation.
HOW can I get US Citizenship Fastest ? AND HOW LONG, friends, does it take to get your family here as a dependent of a US Citizen
more...
akhilmahajan
08-16 02:36 PM
I was in MI for a long time, so have called them up and have urged them to join IV.
Hopefully they will make the right choice and do the right thing.
Hopefully they will make the right choice and do the right thing.
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snehaledu
09-19 06:50 PM
My application is recieved by R COOK on 10th July and no news yet.
My 140 is approved on 08/17 just 2-3 days before.
Not sure whats going on.
My 140 is approved on 08/17 just 2-3 days before.
Not sure whats going on.
more...
sandy74us
06-22 07:30 PM
Hi all, could U pls. refer a good immigration lawyer in the tristate (NY/NJ/CT) area. Thank u.
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misha
06-17 08:50 PM
Any ideas???
more...
Munshi75
12-26 12:38 PM
Does the bill have provisions to increase residency positions ? I heard few months back about hard lobbying to increase the match positions by 15000 to accomodate new patients because of the mandate. Any idea?
Thanks
A
Thanks
A
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minimalist
10-11 09:53 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
more...
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validIV
03-06 10:31 AM
Its been a long time since Ive been on F-1 and I'm sure some of the rules have changed.
F-1 from my understanding can be extended beyond 2 years, usually 4 years was the norm. Some F-1s were even open ended, there was no limit stated on the F-1 visa itself. In my case I did OPT on my 4th year.
Are you graduating or intending to continue your education? I think it would be hard for you to come back to the US after your F-1 expires if you only have OPT and have no plans or did not file to extend your F-1, or graduate. You may be turned back at a POE.
I suggest you talk to a lawyer or your school about renewing your F-1. Usually schools that take international students have an Foreign Students department that can help give you advice or even file the change for you.
F-1 from my understanding can be extended beyond 2 years, usually 4 years was the norm. Some F-1s were even open ended, there was no limit stated on the F-1 visa itself. In my case I did OPT on my 4th year.
Are you graduating or intending to continue your education? I think it would be hard for you to come back to the US after your F-1 expires if you only have OPT and have no plans or did not file to extend your F-1, or graduate. You may be turned back at a POE.
I suggest you talk to a lawyer or your school about renewing your F-1. Usually schools that take international students have an Foreign Students department that can help give you advice or even file the change for you.
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tjayant
10-16 11:53 PM
That is what i did. I'm in the same boat.
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contact.vr
12-01 12:01 AM
I'm trying to do H1 transfer but my case has some complications and henc am worried if I should go forward or stick with my current company though they are sucking my blood outright.
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
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BMS1
09-07 09:13 PM
Yes I have seen that before (though I do not remember if it was Williston). At that time, Fedex told me that they have a some sort of bulk pickup arrangement (probably they may not be able to run the scanner after that pickup). But there were no problem due to that for me and my packet was delivered in time.
more...
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immmj
01-11 02:28 PM
Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.
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vallabhu
08-26 11:36 AM
Hi Guys,
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?
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nonimmi
06-15 03:47 PM
Everyone:
This was a GREAT week for all of us. Past three days have changed our discussion topics and we're now more concerned about doctor appointments and certificates. That is a good thing to talk about indeed. But lets not forget this battle goes on and we all need to be together in this journey. No one knows where one will be stuck!! So please continue working with IV agenda and contribute in anyways possible.
New members, please contribute considering the help you're getting from this IV forum. Remember IV needs money to support all of us. We're using so much IV resource and its our duty that we must suport IV.
Thanks IV.
This was a GREAT week for all of us. Past three days have changed our discussion topics and we're now more concerned about doctor appointments and certificates. That is a good thing to talk about indeed. But lets not forget this battle goes on and we all need to be together in this journey. No one knows where one will be stuck!! So please continue working with IV agenda and contribute in anyways possible.
New members, please contribute considering the help you're getting from this IV forum. Remember IV needs money to support all of us. We're using so much IV resource and its our duty that we must suport IV.
Thanks IV.
anilsal
01-28 10:59 PM
having valid AP at any time, even though is not a legal requirement, is a necessity due to potential emergency travel to home country or any other country. Hence it is safe to reapply AP 2-3 months before expiry and EAD 3-4 months before expiry. This will give you peace of mind.
uslegals
09-17 01:53 PM
way to go chandu.! We all will be there tomorrow.!
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