shana04
02-01 10:44 AM
Thanks for each on every one of you!
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
some gave me red, its ok.
I had a problem which I though of sharing, may be some one could provide some insight.
It may be my bad that I have posted in wrong thread, but that does not have to mean to give red.
But any ways, for every one who gave red and for every who did leave a message, I thank each and every one of you and wish you good luck on getting your GC.
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LostInGCProcess
11-10 11:40 PM
Thanks again for the reply and wishes!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
chanduv23
03-14 08:44 PM
This is more pertinent to Physicians - I heard that following residency or J1 expiration one has to return to home country for 5 yrs. I have the following questions
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
A lot of people do get waiver jobs and convert to H1b. But the job locations will not be in cities and will be in remote areas, I am not sure how they do it but there seems to be a network through which all this happens. I have heard that the waiver process is very expensive and lawyers charge a hefty sum. If I get some info, I will pass it on to you.
I was under the impression that the home residency requirement for J1 is 2 years and not 5 years. Please check with that too.
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
A lot of people do get waiver jobs and convert to H1b. But the job locations will not be in cities and will be in remote areas, I am not sure how they do it but there seems to be a network through which all this happens. I have heard that the waiver process is very expensive and lawyers charge a hefty sum. If I get some info, I will pass it on to you.
I was under the impression that the home residency requirement for J1 is 2 years and not 5 years. Please check with that too.
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mnq1979
10-23 05:07 PM
I thought if you were a first time H1-B filer, you need to go to your country of origin for stamping...correct me if I am wrong.
hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?
hmmmmm....honestly i m not sure.....i think it was the case few years back...i m not sure if still its the same.....would like to hear from other members also on this 1?
more...
mbartosik
12-13 04:16 PM
The date in my I94 was entered as being 6 months before the date of entry (he got the year wrong). I being jet lagged didn't spot it until after leaving the immigration hall.
To cut a long story short, in the end an immigration officer at the same port of entry just hand corrected it and wrote his badge number against the correction (no updates in the computer). I had begged for a new I94, but that wasn't going to happen.
In the end to avoid risk of any more delays with H1B renewal etc, I just took a trip to an airport in Canada and didn't even leave the airport. That got me a new I94 (for cost of $250 airfair). My bother was that a hand corrected I94 may look suspicious to someone and that slows down a future application, and what is the cost of more delays in applications?
So my advice is, ask an immigration officer at a convenient place for you to correct it. However, if you are going to use it on an application (like I140 or H1B renewal) then just leave and reenter. It depends on costs, a day off work to go to somewhere where they could issue a new I94 cost more than a cheap airfair to Canada for the day at a weekend. Also compare with the risk of a delay while they check on a hand corrected I94, if they ever bother. My attorny thought that I went over board, but he is not the one waiting and waiting!
To cut a long story short, in the end an immigration officer at the same port of entry just hand corrected it and wrote his badge number against the correction (no updates in the computer). I had begged for a new I94, but that wasn't going to happen.
In the end to avoid risk of any more delays with H1B renewal etc, I just took a trip to an airport in Canada and didn't even leave the airport. That got me a new I94 (for cost of $250 airfair). My bother was that a hand corrected I94 may look suspicious to someone and that slows down a future application, and what is the cost of more delays in applications?
So my advice is, ask an immigration officer at a convenient place for you to correct it. However, if you are going to use it on an application (like I140 or H1B renewal) then just leave and reenter. It depends on costs, a day off work to go to somewhere where they could issue a new I94 cost more than a cheap airfair to Canada for the day at a weekend. Also compare with the risk of a delay while they check on a hand corrected I94, if they ever bother. My attorny thought that I went over board, but he is not the one waiting and waiting!
satishku_2000
06-08 01:01 AM
well the status quo isn't that bad, is it? Gradually, retrogression will reduce. Now that there is no labor sub, there will be roughly a FIFO system. Plus, no increase in H1B should help the future --- as far as retorgression is concerned. another big plus is that current H1B system is intact. This bill would have driven thousands out of H1B status.
So I say: CIR, RUST in PEACE.
rimzhim , Totally agree with ya ...
So I say: CIR, RUST in PEACE.
rimzhim , Totally agree with ya ...
more...
Pagal
09-07 11:58 AM
Hello,
Yes, I've seen similar situation with one of my friends...
Yes, I've seen similar situation with one of my friends...
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perm2gc
08-02 02:17 PM
Hello All,
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am not an Immigration Lawyer.Better Talk to the Attorney. Its your brother's future
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
No Safe as he will be questioned at port of entry
2)Will there be questions at the port of entry ?
A Lot
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
Yes.
4)Any chance he wont be let inside U.S ?
90%
5)Can he show them the h1b approvals for company C ?
No..as it will confusing for immigration officer with so many 797 forms.
6)Any tips to handle the officer at POE?
Can try with chinese or african-american.Little liberal
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
Just 4 weeks
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Yes.. He may not not reenter US for next 10 Yrs.
I am not an Immigration Lawyer.Better Talk to the Attorney. Its your brother's future
more...
gultie2k
11-04 10:51 AM
Case resolved!!
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.
Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.
Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.
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desi3933
05-04 03:46 PM
It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.
Incorrect!
Since he/she has been on H1 visa status before, he/she can start work after filing for new H-1B.
_______________________
Not a legal advice.
US citizen of Indian origin
Incorrect!
Since he/she has been on H1 visa status before, he/she can start work after filing for new H-1B.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
trueguy
08-08 06:18 PM
^^^^^^^
bump
^^^^^^^
bump
^^^^^^^
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gcformeornot
12-31 01:05 PM
bump
more...
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akhilmahajan
05-03 06:51 AM
Seems like a lot of people are waiting........
hopefully things will move fast...........
hopefully things will move fast...........
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anilsal
11-09 09:17 AM
Why don't you do I140 via premium processing?
more...
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arc
03-11 03:03 PM
Mr "A" Check with a good tax consultant about implications of being paid in check, on EAD you can do multiple jobs and businesses, as long as you report your earnings and pay tax you should be fine. I am not an expert, check with a tax consultant and an attorney!
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
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jonty_11
03-28 04:38 PM
just looking at the tracker and getting a list of EB2 India - 1362 and EB3-India 1171...
This is a good representation of what has happenend with EB2 as many have switched from EB3 to EB2...in the coming months do not expect the EB2 numbers to move at all...even with spillovers...it will soon be unavailable....
This is a good representation of what has happenend with EB2 as many have switched from EB3 to EB2...in the coming months do not expect the EB2 numbers to move at all...even with spillovers...it will soon be unavailable....
more...
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needGCcool
09-04 10:10 AM
Yup, you have to wait. Do not send them anything without getting the RFE? This is what I was advised by the doctor we visited to get all the medicals done.
I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?
I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?
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redelite
08-25 01:08 PM
+1
I totally agree, I'm running out of ideas.. :-/
I totally agree, I'm running out of ideas.. :-/
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ajju
08-30 02:06 AM
RedHat,
You were out of status for first 8 months.. It may reset once you went out of country and reenter... But still you need to take advice from a very good attorney... And you know it way down in your heart... don't you??
You were out of status for first 8 months.. It may reset once you went out of country and reenter... But still you need to take advice from a very good attorney... And you know it way down in your heart... don't you??
zCool
04-01 06:02 PM
I am waiting for 13 yrs! So frustration should not be excuse for law-breaking..
Every criminal has some sob story in the back-end that can be used to justify murder, robbery etc etc..
Anyways..
You want help.. here goes..
THERE IS NO LABOR SUBSTITUTION as of June 16 2007.
If your old sub labor was used by someone else.. AND his GC is not approved yet THEN your company can revoke that 140 and get your 140 approved that way. IF on the other hand that original beneficiary got 485 filed and AC21 invoked then you are plain out of luck.
I don't know what the heck this company B is talking abt, sending other labor etc.. I think they are pulling some stunt.. and basically lying!
If you have an option.. change and work for a good employer.. GC and all will happen in due time..
Every criminal has some sob story in the back-end that can be used to justify murder, robbery etc etc..
Anyways..
You want help.. here goes..
THERE IS NO LABOR SUBSTITUTION as of June 16 2007.
If your old sub labor was used by someone else.. AND his GC is not approved yet THEN your company can revoke that 140 and get your 140 approved that way. IF on the other hand that original beneficiary got 485 filed and AC21 invoked then you are plain out of luck.
I don't know what the heck this company B is talking abt, sending other labor etc.. I think they are pulling some stunt.. and basically lying!
If you have an option.. change and work for a good employer.. GC and all will happen in due time..
thamizhan
07-17 10:10 PM
We can update ourself with the status of the receipt number, so that every body can get a feel about the time lines.
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