raysaikat
08-28 05:09 AM
Hello,
I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
Sonia
You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.
I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
Sonia
You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.
morchu
04-23 01:51 AM
NO. It shouldn't create an issue. The key is to "have the guarantee of a same or similar position available for you on permanent basis" at the time of RFE. How many jobs you changed before that is not of a concern.
But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.
Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.
The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.
Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.
The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
kanakabyraju
05-10 12:22 PM
We are expecting some surprises in the July Bulletin. Remember July 2007 fiasco. This year also there are some situations like CIR as before. What about the expected spillover? However, can we expect positive surprises?
Let us start the prediction, analysis, etc, game for the July Bulletin.
June Bulletin will be history in few days! However, people are paying lawyers even for knowing why the visa bulletin hasn't come on the day they wished, in the first week of the month, even though it is supposed to be on 15th of every month.
Flagged you RED just wasting my 5 mins time. Write some thing useful Brother!
Let us start the prediction, analysis, etc, game for the July Bulletin.
June Bulletin will be history in few days! However, people are paying lawyers even for knowing why the visa bulletin hasn't come on the day they wished, in the first week of the month, even though it is supposed to be on 15th of every month.
Flagged you RED just wasting my 5 mins time. Write some thing useful Brother!
makemygc
10-20 07:47 AM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
You don't need to restamp as long as your stamped visa on the passport is valid. I've done it myself and just carried the employment letter and tha fat H1 transfer package with me..No issues. While entering back into US, they just asked me about the H1 transfer approval letter and that package. Only think you need to make sure that when you are coming back, your H1 should be valid, no matter which company is it from.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
You don't need to restamp as long as your stamped visa on the passport is valid. I've done it myself and just carried the employment letter and tha fat H1 transfer package with me..No issues. While entering back into US, they just asked me about the H1 transfer approval letter and that package. Only think you need to make sure that when you are coming back, your H1 should be valid, no matter which company is it from.
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Wish_Good
05-07 01:00 AM
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
-cheers
kris
Hi Krishnam70,
Here is my complete details:
Company A:
I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
Labor approved Dec, 2006.
I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
which we responded in time and USCIS received on Dec 5, 2007)
I-485 applied in Sep 2007
Got EID and Advance parole approved.
I-140 Denied on Apr 3 2008.
I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).
Company B:
This Company applied for my Labor (Perm) on Apr 21, 2008.
Got Approved on June 24, 2008.
H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
Joined this company in Aug 2008
I-140 approved with this company Jan 2009.
Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.
Thanks
Wish_Good.
reddog
09-28 09:48 AM
Most likely the employer will not go thru the suing process to recover $4000, he will simply put you in his black book.
At the max, you will not have the luxury of asking experiences letter or any other document you may/may not need now or in the future.
3 years is a pretty long time and I believe you should negotiate with him and leave proffesionally.
That way, even if you do not pay, you always keep the option open of paying him when you need him later. ( I know it sounds repulsive, but depending on other circumstances, like how much did he keep out of the billing rate and what other benefits he was giving you and many other factors) should contribute to your resigning deal with him.
At the max, you will not have the luxury of asking experiences letter or any other document you may/may not need now or in the future.
3 years is a pretty long time and I believe you should negotiate with him and leave proffesionally.
That way, even if you do not pay, you always keep the option open of paying him when you need him later. ( I know it sounds repulsive, but depending on other circumstances, like how much did he keep out of the billing rate and what other benefits he was giving you and many other factors) should contribute to your resigning deal with him.
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va_dude
03-04 03:51 PM
The url forward is for admins to decide. What does it really buy us.
But the home page clearly states this:-
Immigration Voice is a national non-profit organization (501 (c) (4)) working to alleviate the problems faced by legal high-skilled future Americans in the United States. We act as an interface between this set of immigrants and the legislative and executive branches of the government.
I think this makes it clear we are talking about legal skilled folks.
just my 2 cents.
But the home page clearly states this:-
Immigration Voice is a national non-profit organization (501 (c) (4)) working to alleviate the problems faced by legal high-skilled future Americans in the United States. We act as an interface between this set of immigrants and the legislative and executive branches of the government.
I think this makes it clear we are talking about legal skilled folks.
just my 2 cents.
bfadlia
06-11 08:10 PM
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
It's an honor to have you in our forum, Mr. T :o
It's an honor to have you in our forum, Mr. T :o
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Browndog
February 20th, 2005, 07:43 AM
if it's any help i have a 2nd hand Sigma APO macro 70-300mm. like NikNikon i found the D70 kit lens much sharper generally, but the sigma when stopped sown to f8 or f9 at 300mm seems to be sufficiently clear enough and really helps for picking out faces in crowds etc. i recently went to a chinease new year festival and the extra reach of the lens blew me away. i could get full frame shots of the dragon mask even though i was stood further back in the crowd. being stopped down thoough i find if the light is less than ideal i need a very fast ISO to keep the shutter speed up. hope that helps :-)
kirupa
01-19 11:17 PM
Unfortunately, your entry doesn't qualify because you are using box2d :(
Really cool entry though!
Really cool entry though!
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perm2gc
08-24 10:07 AM
I worked for company A till Jun 2003 on h1 for 3 years. Then i went back to India and switched to company B. Now I'm in US on L1 thru company B. I'm thinking of switching back to company A in US. But my H1 got expired on June 2004. My question: Is it possible to renew the original H1 processed by company A now and start working for it? Please help.You said you have worked for Company A for 3yrs.in that case you H1 is arleady expired unless you have revalidated from company A.. If you have to work for Company A again you have to file a new H1B.
natrajs
09-03 10:09 PM
My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend
Let me know
Let me know
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dilbert_cal
07-10 12:00 AM
Answer inline in different color
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
I'm working for a big company in US since 2001. My Lc is filed in 2001 and it is still pending in BEC (phily).
Recently my company offered me LC substitution (PD of 2002). I have taken it and they filed 140. I need to show the previous experience of a skill set in 1999. I have a letter from that company for that. The problem is that company is out of business.
Questions
1)Will USCIS call that employer (employer is in a foreign country) for that experience?If so, the company is closed. What will happen? Will they reject my 140?
The chances of USCIS calling up the company are slim - havent heard of it from anyone yet. In case, they do call and find the company is closed, they might ask for additional evidence that you worked for the company - paystubs, I.T. return or anything that proves you were working there.
2)My original LC is approved (got approved yesterday)? My lawyer is telling that they will file 140 on this one also? How on earth can I habe 2 140's? When my time comes for 485, which 140 should I choose? I'm confused
Can you have more than one 140 - Absolutely yes. Can you have it from the same company - YES again. In terms of which 140 to choose - here is what I might have done if I were in your position. The substitution 140 can only be filed in normal processing. For the month of July, premium processing is not available for 140 but hopefully in Auguest, USCIS will again allow premium processing. I'd had put my own labor's 140 in premium processing.
Next, I would wait for September and as soon as the bulletin comes out - there is a very very high possibility of your 2001 date becoming current then , make sure that your 485 is filed on the very first date. Your 2001 PD is better in terms of PD if both the PDs are in the same category. Otherwise, EB2 is better than EB3 as of now.
Hope this helps you.
lonedesi
06-02 08:55 PM
The video clip has been posted on the website and the link is
www.ktvu.com/video/9315563/index.html?taf=fran
Great job IV and Pratik !!!
www.ktvu.com/video/9315563/index.html?taf=fran
Great job IV and Pratik !!!
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intheyan
08-13 09:07 PM
I feel the name check rule is just for our satisfaction and it is not helping most of the name check clearence.
Saiom19
08-09 12:07 PM
I think "augustus" worry is related to the application acceptance ...what if USCIS sends it back post August 17, 2007? One way to check that USCIS has accepted application is cheque clearance....well we are all in the same boat......Happy sailing!!
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masterfender
04-27 09:28 PM
receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.
Thank you very much. I'm just too nervous about this. I want to get it over with this. Thank you for your positive supports.
Thank you very much. I'm just too nervous about this. I want to get it over with this. Thank you for your positive supports.
roseball
02-17 06:06 PM
Really speaking I care more for the dates to get current so I can add my wife to my GC application and get her an EAD and AP. After that I won't mind if I have to wait for some more time before I get the actual GC in hand
If your employer has a EB-2 position open which you would be a fit for and if he is willing to start the EB-2 process, then I think you should go ahead with the process. The problem with pending I-485 inventory that USCIS published is that those are only the cases pending at NSC and TSC. They do not account for the cases pending at USCIS Field Offices and overseas consulates. Now coming to the main reason why EB-3 dates not moving is because of 245i (legalization of illegals) cases which were filed before Apr 30, 2001. All of them were classified as EB-3 and there were thousands of applicants. Most the applicants who filed for Adjustment within US are processed. But their dependents cases are still pending at the overseas consulates. Many of them were follow-to-join cases where the cases were filed after primary beneficiary got the greencard and they still use the 2001 PD. There are many such cases pending for consular processing. Though USCIS I-485 inventory only suggests 1100 cases before Dec 2001, there could be hundereds or even thousands pending in field offices or consular posts, hence EB-3 I dates aren't moving either.
If your employer has a EB-2 position open which you would be a fit for and if he is willing to start the EB-2 process, then I think you should go ahead with the process. The problem with pending I-485 inventory that USCIS published is that those are only the cases pending at NSC and TSC. They do not account for the cases pending at USCIS Field Offices and overseas consulates. Now coming to the main reason why EB-3 dates not moving is because of 245i (legalization of illegals) cases which were filed before Apr 30, 2001. All of them were classified as EB-3 and there were thousands of applicants. Most the applicants who filed for Adjustment within US are processed. But their dependents cases are still pending at the overseas consulates. Many of them were follow-to-join cases where the cases were filed after primary beneficiary got the greencard and they still use the 2001 PD. There are many such cases pending for consular processing. Though USCIS I-485 inventory only suggests 1100 cases before Dec 2001, there could be hundereds or even thousands pending in field offices or consular posts, hence EB-3 I dates aren't moving either.
VivekAhuja
07-08 07:09 PM
It all depends on how good you really are. If you are excellent, any company (desi or not) will do anything to keep you.
karthkc
03-18 01:38 PM
what is GC sponser? ABC company couldnt find a project for me. So i am on bench.
GC Sponsor is the employer who has started your Green Card process...
How did you get your EAD?
GC Sponsor is the employer who has started your Green Card process...
How did you get your EAD?
atlgc
06-01 11:15 AM
when you say
"If old priority date is not ported then send an email to " means new 140 not showing the old PD correct?
once it shows up then send a interfile request correct or send eitherway
"If old priority date is not ported then send an email to " means new 140 not showing the old PD correct?
once it shows up then send a interfile request correct or send eitherway
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