veni001
01-30 07:15 PM
I am actually doing this right now. See my signature.
As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)
As long as your employer document all stuff, i.e what happens to current EB3 position etc.. you should be OK, if not, even after i140 approval USCIS can come back and revoke approved i140( for fraud);)
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h1denied
03-16 08:17 AM
I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
shana04
02-01 10:42 AM
Friends / Gurus,
I had made decisions but would like to get second opinion from Gurus who are on the same boat like me. And I am not able to discuss with people close to me who are not in the same situation.
I know either Pappu or Logiclife suggested that it is alwasy better to have your own attorney instead of having employers attorney.
My situation:
This is a desi company and attorney is employers attorney, never been good to me, does not reply on time, does not respond properly on phone, infact does not give the respect that one desrves (as he thinks that he is talking to another desi)
Working for Employer A and he applied for labor, I 140 and he paid for it.
Then July 2007 came in and applied for 485 with same attorney - I paid for it.
Now comes AC21,
changing to employer B using H1B transfer.
My plan or decision: planning to change attorney (Rajiv khanna)though he is bit expensive.But heard a lot of good about him.And any ways in months come I need to renew EAD, AP and would need attorneys help (I know I can do it, but would prefer attorney do it)
Employer B suggestion: leave the case with previous attorney, unless you get RFE.As you have paid for it and it is your application. Attorney has to respond to you.
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Please give me your valuable opinion / suggestion. And select your option.
Gurus, who have already done AC21 and would like to suggest some which is important and which lot of people ignore or would not know unless you are in boat, please suggest or highlight that point. This would be useful for people who would like to use AC21.
Thanking you in advance.
I had made decisions but would like to get second opinion from Gurus who are on the same boat like me. And I am not able to discuss with people close to me who are not in the same situation.
I know either Pappu or Logiclife suggested that it is alwasy better to have your own attorney instead of having employers attorney.
My situation:
This is a desi company and attorney is employers attorney, never been good to me, does not reply on time, does not respond properly on phone, infact does not give the respect that one desrves (as he thinks that he is talking to another desi)
Working for Employer A and he applied for labor, I 140 and he paid for it.
Then July 2007 came in and applied for 485 with same attorney - I paid for it.
Now comes AC21,
changing to employer B using H1B transfer.
My plan or decision: planning to change attorney (Rajiv khanna)though he is bit expensive.But heard a lot of good about him.And any ways in months come I need to renew EAD, AP and would need attorneys help (I know I can do it, but would prefer attorney do it)
Employer B suggestion: leave the case with previous attorney, unless you get RFE.As you have paid for it and it is your application. Attorney has to respond to you.
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Please give me your valuable opinion / suggestion. And select your option.
Gurus, who have already done AC21 and would like to suggest some which is important and which lot of people ignore or would not know unless you are in boat, please suggest or highlight that point. This would be useful for people who would like to use AC21.
Thanking you in advance.
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bipin
03-17 05:53 PM
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1 & I140 application. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. I’m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
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krishna_brc
02-18 02:45 PM
Should it not be OK to work for an Indian company (work from home - remote office)
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.
Thanks,
Krishna
vikramy
06-15 02:45 PM
Several people i know got RFE during H1 transfer and few got denied . At the same time many got approved.
Mines also got denied even though i a have a project and with big company.
But if you are over 180 days you can take a chance. It is better that getting less salary. You can transfer on premium and switch company after it gets approved.
On the side note: dont transfer your h1 to a company starting with cognXXXXX and ending with "solutions". their immigration department sucks and several of their transfers are having issue.
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
Mines also got denied even though i a have a project and with big company.
But if you are over 180 days you can take a chance. It is better that getting less salary. You can transfer on premium and switch company after it gets approved.
On the side note: dont transfer your h1 to a company starting with cognXXXXX and ending with "solutions". their immigration department sucks and several of their transfers are having issue.
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
more...
sripk
07-18 08:52 PM
Below is a draft statement i prepared and appreciate if you can review it and suggest any changes reqd if this is not convincing.
I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
I have a copy of my previous I-94 entry card from <prev_entry_date>
Few questions that may arise based on above statement:
1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
-Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.
Any other possible questions you can think of that needs to be addressed in my statement?
I travelled to Tijuana, Mexico from San Diego. I entered the US Port of Entry at San Ysidro. My previous I-94 white entry card had been taken and I requested a new I-94 but since I already had a valid I-94 on my H-1B approval notice, the office would not issue a new I-94 white entry card.
I have a copy of my previous I-94 entry card from <prev_entry_date>
Few questions that may arise based on above statement:
1. Why was your I94 from H1B notice still with you and not submiited at POE when you left the country?
-Since i travelled by land the US POE is in Tijuana and so i submitted my expired I94 to them and also the valid I94 from H1B notice and asked for new white I94 card. Unfortunately the officer just stapled the valid H1B I94 to passport and told i am good to go. There is no stamp on it either and hence i am concerned.
Any other possible questions you can think of that needs to be addressed in my statement?
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tsrinivas
07-19 02:30 PM
All that your have to do is get it translated by any one who is fluent in English and Marathi ,
Document has to be signed and contact information of the Translator has to be placed.
-------------------------------------------------------------
Translated Text
------------------------------------
Declaration of Translator
I ____________________ certify that I am fluent in the English and Marathi languages, and that the foregoing is a complete and accurate translation of the attached document.
Signature
Date
Contact Info
Document has to be signed and contact information of the Translator has to be placed.
-------------------------------------------------------------
Translated Text
------------------------------------
Declaration of Translator
I ____________________ certify that I am fluent in the English and Marathi languages, and that the foregoing is a complete and accurate translation of the attached document.
Signature
Date
Contact Info
more...
mdforgc
04-29 09:18 AM
Thanks for your contributions.
All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.
Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.
Just wanted to clarify.
Thanks.
I just wanted to thank the core group again from the depth of my heart for the selflessness you guys are showing. We all appreciate it, nor only by words, but also by opening our checkbooks. I know that an amonut of 100K is nothing in trying to bring attention to our cause, but you guys have sure come a long way.
All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.
Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.
Just wanted to clarify.
Thanks.
I just wanted to thank the core group again from the depth of my heart for the selflessness you guys are showing. We all appreciate it, nor only by words, but also by opening our checkbooks. I know that an amonut of 100K is nothing in trying to bring attention to our cause, but you guys have sure come a long way.
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addsf345
01-13 03:21 PM
Hi,
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
I don't think you can do anything, just go with what is given to you by CIS. Because any attempt to mess with dates may hurt your case very badly.
One question though. The sub practice is long gone (no more allowed since 2007), is this an old case?
I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.
The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
I was expecting USCIS to approve both applications with 11/2004 instead.
Thanks!!
I don't think you can do anything, just go with what is given to you by CIS. Because any attempt to mess with dates may hurt your case very badly.
One question though. The sub practice is long gone (no more allowed since 2007), is this an old case?
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things2strike
08-20 08:36 PM
Hi Friends,
My maternal uncle filed PR for my parents and the priority date is: 06/24/2002.
The date of approval of I-130: 03/12/2008
My age was 20 years and 5 days as on 06/24/2002. I am currently working in USA on H1B visa. So can I apply for Green card with change of status with my parent's I-130 with Child Status Protection Act?
Thanks,
My maternal uncle filed PR for my parents and the priority date is: 06/24/2002.
The date of approval of I-130: 03/12/2008
My age was 20 years and 5 days as on 06/24/2002. I am currently working in USA on H1B visa. So can I apply for Green card with change of status with my parent's I-130 with Child Status Protection Act?
Thanks,
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MDix
02-04 10:28 AM
EB2 share for FB spill-overis 6.5k , assuming EB1, EB4 and EB5 don't use them.
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punjabi
10-19 05:51 PM
This is understandable.
I do wish that you donate $500, before 2012. :)
Thanks to all who decides to chip in.
garybanz:
You are right. We need contributions in present time. There is no attempt to discourage people from contributing now. Instead, just another way to celebrate the green day with a sense of gratitude.
I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.
I do wish that you donate $500, before 2012. :)
Thanks to all who decides to chip in.
garybanz:
You are right. We need contributions in present time. There is no attempt to discourage people from contributing now. Instead, just another way to celebrate the green day with a sense of gratitude.
I would donate 500$ if I get the GC before 2012. If not I would reduce it by 50$ a year there after.
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getta05
03-27 10:40 PM
Oh no
Im on a L2 visa.
Im on a L2 visa.
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seekerofpeace
08-14 04:40 PM
I am a July 23rd filer with ND of Sept 24th....no LUDs but RFE last year.....I know of ppl who got GCs with no LUDs to their records...so it is anybody's guess.
I have a WAC no. for TSC so I am screwed further....TSC overflowed my case to CSC and then back to TSC....ppl like me are the worst affected....but since I got an RFE last year they must have opened my file and why would they open my I-485 if they are following ND which i not current even now...
It is all a big mess...god only knows....USCIS is a black box we only know what goes inside that box...what comes out is a lottery....satta...
SoP
I have a WAC no. for TSC so I am screwed further....TSC overflowed my case to CSC and then back to TSC....ppl like me are the worst affected....but since I got an RFE last year they must have opened my file and why would they open my I-485 if they are following ND which i not current even now...
It is all a big mess...god only knows....USCIS is a black box we only know what goes inside that box...what comes out is a lottery....satta...
SoP
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Legal_In_A_Limbo
01-14 05:55 PM
What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.
The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.
Thanks.
The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.
Thanks.
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sodh
01-22 07:25 PM
I wish IV core members the best in whatever they do, any tiny relief will be a huge acheivement and that is what the IV core members are fightining for against all odds to get us some relief so please do not let them down.
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averagedesi
09-23 08:45 PM
I think your scenario is perfectly valid, its a honest mistake by USCIS, however if USPS or fedex or UPS screws things up and if the application reaches USCIS say on August 18th or 20th instead of the 17th, I dont think USCIS would do anything but reject the application again. But I guess it doesnt hurt to try assuming one is not desperate for the AP as in my case.
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TomPlate
01-09 10:20 AM
Hi Guys
I know somany experts in this Forum
I am some problem becoz of desi company
I am working for Company A I applied GC from Company B
I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll
please help me
I have problems which everybody can understand wht problems with desi company
Let us assume you get an RFE and you give documents related to above, will the immigration officer think more on your case. This may have negative impacts on your application. I would rather say work for 5 to 8 months in the green card sponsor company and then leave.
I know somany experts in this Forum
I am some problem becoz of desi company
I am working for Company A I applied GC from Company B
I joined in Company B just one month ago but my 180 days passed can i port AC21 is there any copulsory period need to be on their payroll
please help me
I have problems which everybody can understand wht problems with desi company
Let us assume you get an RFE and you give documents related to above, will the immigration officer think more on your case. This may have negative impacts on your application. I would rather say work for 5 to 8 months in the green card sponsor company and then leave.
TheOmbudsman
09-01 03:17 PM
Ah, so Berkeleybee is she. Oh, that makes sense, that's why she is a bee.
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
rockstart
09-18 08:41 AM
I have filed on August 10th and I do not have a receipt either. I guess we need to be patient. I have checked even people with July 19th are waiting.
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