jk999
11-30 01:17 AM
A friend of mine is going through this and I am posting on his behalf while he is really stressing it out. Any help would be very much appreciated.
He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.
He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.
Things to note:
- My friend has not been paid by his current employer. So no pay-stubs what so ever
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
Thank you
He got his H1B through this consulting firm last April in effect from Oct 01, 2008. He finished his masters here in the US in April. He made himself available to the employer and was searching for work all summer. His employer asked him to clear a few certifications in a field unfamiliar to him. My friend took certifications but also has been on a look out for any new opportunities given the tough market.
He recently found one and is looking to switch his H1B. Now that his current employer has found out about this, he totally freaked out threatening to cancel his H1B.
Things to note:
- My friend has not been paid by his current employer. So no pay-stubs what so ever
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
Thank you
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gcnirvana
02-19 06:17 PM
Another nail in the H1B Coffin :mad:
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
Prashanthi
08-21 01:39 PM
My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
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Paisano
05-01 08:58 PM
1) As per the law, you and your husband both are supposed to leave the country the next day. But USCIS generally allows upto 30 days to leave. As per the law, he can not stay for a couple of weeks to look for another job. Both of you are supposed to leave the country.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
2) Yes. You both will be out of status but you will not be accuring unlawful presence if your I-94 is valid. You will start accuring unlawful presence once the employer withdraws H1B petition. The unlawful presence is the one which will make your bar from the country for 3 years (after 180 days and under 1 year) or 10 years (more than a year).
3) No. It may not be a issue with GC processing. Under 245 rules, unlawful presence upto 180 days is allowed.
4) You have to submit your I-539 petition along with your husband's H1B petition. Your status is tied to your husband's status.
more...
krishnam70
05-06 06:03 PM
Folks:
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
You never know with USCIS
1. Try and see if you can get a corrected Birth certificate with the correct names issued.
2. Try to get affidavit's from your parents that they are also known by the name's present in the passport and birth certificate
3. Try and get any/all kind of supporting documentation to support this fact including any affidavits from other relatives ( elder people than your parents)
5. Official documents that establish you to be related to them and also any other documents that show that both the people are same.
6. In case of your mother's last name not appearing the certificate try and contact the municipal admn and see if they issue a new certificate which contains the correct name and with that an explanation letter that the records stand corrected or whatever
7. Secondary evidence like - your educational transcripts that contain your father's name
8. Official identity cards( voter registration etc) that prove the same
basically any document that establishes the link
good luck
-cheers
kris
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
You never know with USCIS
1. Try and see if you can get a corrected Birth certificate with the correct names issued.
2. Try to get affidavit's from your parents that they are also known by the name's present in the passport and birth certificate
3. Try and get any/all kind of supporting documentation to support this fact including any affidavits from other relatives ( elder people than your parents)
5. Official documents that establish you to be related to them and also any other documents that show that both the people are same.
6. In case of your mother's last name not appearing the certificate try and contact the municipal admn and see if they issue a new certificate which contains the correct name and with that an explanation letter that the records stand corrected or whatever
7. Secondary evidence like - your educational transcripts that contain your father's name
8. Official identity cards( voter registration etc) that prove the same
basically any document that establishes the link
good luck
-cheers
kris
raydon
08-25 01:17 AM
Depends on whether the role for which he is applying requires a PhD or not. Once again, consult a good lawyer.
Small addition to your post. EB1A does not require a job offer, but it needs the applicant to prove exceptional ability. EB1B (outstanding researcher or professor) and EB1C (multinational manager) do need sponsorship and a job offer.
Small addition to your post. EB1A does not require a job offer, but it needs the applicant to prove exceptional ability. EB1B (outstanding researcher or professor) and EB1C (multinational manager) do need sponsorship and a job offer.
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bfadlia
12-09 12:12 AM
Guess what! Feb 1995 bulletin is also out!!
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
wow, u actually digged out the real feb95 bulletin.. amazing how many 'C's it had.. those were the days
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
wow, u actually digged out the real feb95 bulletin.. amazing how many 'C's it had.. those were the days
2010 Fri, July 01,2011
natrajs
08-22 04:58 PM
Very Good One
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nlssubbu
07-19 12:08 AM
Hi,
In order to avoid any confusion like this I provided an Affidavit rather than my birth certificate. [In my case the birth certificate does not has any name as normally the naming function will take place after 10th day only].
Thanks
In order to avoid any confusion like this I provided an Affidavit rather than my birth certificate. [In my case the birth certificate does not has any name as normally the naming function will take place after 10th day only].
Thanks
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buehler
12-12 05:10 PM
Hi,
The last time I came back into this country, I used my AP as I didn't have my H1 stamped. My H1 is valid till 2010.
My EAD expired last month and my bumbling lawyer did not send in the I-485 copy and hence there was an RFE. So I still do not have an EAD approval.
Would it be safe to get paid this month or should I have my company process this month's salary after I get my EAD approved?
Siva
The last time I came back into this country, I used my AP as I didn't have my H1 stamped. My H1 is valid till 2010.
My EAD expired last month and my bumbling lawyer did not send in the I-485 copy and hence there was an RFE. So I still do not have an EAD approval.
Would it be safe to get paid this month or should I have my company process this month's salary after I get my EAD approved?
Siva
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santb1975
01-28 10:45 PM
^^^
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cheg
08-05 12:36 AM
Sorry to hear that your wife's 485 application will be denied. I know that once she uses her EAD then she loses her H4 eventhough her passport still has a stamp expiring Feb 08. Since she will definitely be losing her EAD because of AOS denial it will be better for you to apply for her H4 asap. To be on the safe side, always consult a lawyer. Good luck! :)
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perm2gc
04-20 10:15 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
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inderman
09-23 09:28 PM
Hello All,
My priority date becomes current as of 1'st Oct 2009... I had created an Service Request 2 weeks back to check with NSC if it has been preadjudicated or not...
Here is what i received as an email response to the Service Request today-
The status of this service request is:
The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.
Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below.
Questions:
1. What am i supposed to do now?
2. I remember seeing a Memo back in Feb 2008 which stated that 485 can be approved after waiting for 6 months for background check and not more than that.
Please let me know if anyone else has received a similar reply in Sep 2009... Any thoughts are highly appreciated...
Thanks for all your help... These forums and community has been a great help all along!
-Inder
My priority date becomes current as of 1'st Oct 2009... I had created an Service Request 2 weeks back to check with NSC if it has been preadjudicated or not...
Here is what i received as an email response to the Service Request today-
The status of this service request is:
The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.
Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below.
Questions:
1. What am i supposed to do now?
2. I remember seeing a Memo back in Feb 2008 which stated that 485 can be approved after waiting for 6 months for background check and not more than that.
Please let me know if anyone else has received a similar reply in Sep 2009... Any thoughts are highly appreciated...
Thanks for all your help... These forums and community has been a great help all along!
-Inder
more...
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shruthii_1210@yahoo.com
10-09 03:30 PM
Hi,
I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.
Also is there any way i can get the receipt number of I140 by calling the USCIS ?
Please help!
Thanks
I recently received EAD and my I-140 approved an year ago . I am waiting for the 180 days count down to be over. but my question here is after 180 days if i want to use AC21 , do we really need to have the I-140 apporval copy or receipt number bcz it is still with my employer and they are not going to share with the me for sure. But it got approved and year ago for me.
Also is there any way i can get the receipt number of I140 by calling the USCIS ?
Please help!
Thanks
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joreal
04-04 02:48 PM
hi,
If my H1B is revoked, how much grace period will i have ? After my H1B is revoked, how many days can i stay in this country ? And again if i find a new employer to transfer H1B, how should i proceed.Please advise.
Thanks in advance...
If my H1B is revoked, how much grace period will i have ? After my H1B is revoked, how many days can i stay in this country ? And again if i find a new employer to transfer H1B, how should i proceed.Please advise.
Thanks in advance...
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ImmiUser
11-30 05:17 PM
Hi,
I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points
1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?
2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?
3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?
I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points
1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?
2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?
3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?
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ddd27
10-26 10:14 AM
Hi all, My passport is going to expire next month (November 28th). I can drive easily upto DC consulate .. wanted to know if there is anything specific I need to do. The website (Embassy of India - Washington DC (official website) United States of America - Application for a New Passport or Reissue of Passport (10) years (http://www.indianembassy.org/index.php?option=com_content&id=167)) does not mention anything about "walk in to consulate" information.
Specifically,
1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
2. Will I get the renewed passport the same day ?
Any other points/instructions that you think are important please let me know.
Thanks in advance for your help. :)
Specifically,
1. Do I need to call and book appointment ? If yes, is there a minimum waiting time to get an appointment, like how many days before ...
2. Will I get the renewed passport the same day ?
Any other points/instructions that you think are important please let me know.
Thanks in advance for your help. :)
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carbon
11-01 02:06 PM
Dear Friends,
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
Can I quite my current job in the US and go back to india for 6 months come back on AP and find similar job ? is this possible ? how long can I stay in india
before my I-485 status "runs out" ?
My PD is June 2005/EB2. I am a July 2 filer. I have received I-485 receipt,EAD and AP.
Thanks.
dskhabra
07-27 08:49 AM
Your change of status will come under 65K cap..and if the cap is not increased (lets still hope for the best) then it's going to be lottery again and it's your luck to be selected in the lottery. because of lottery you can not plan a lot of things..
roseball
08-29 10:29 AM
I am working in US on L1A visa expiring in November 2010 (completing 7 years). The Visa with whom I am working are not processing my GC. Before changing my Visa to L1A, I had H1B which is expired now. So I am applying for PERM through another employer. This employer/attorney is going to file for Labor in one or two months. What are the chances of my Labor and I-140 getting approved before December 2010? If my Labor got approved by December 2010, Can I switch to the employer who has applied for PERM and continue staying in US? Are there any options? Please advice. Thanks for your time.
PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)
PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)
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