chris82
05-28 12:45 PM
Hello,
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
I am on h1b visa (approved & stamped) and its expiring this Oct'10 (I-94 also expiring in Oct) and due for an extension but here's my problem.
Company A filed my petition in a wrong way in 2007 by showing the job title as "mechanical engineering position" though i was working as Analyst in IT. So if company A files my extension now how likely are my chances of getting my extension approved? as there was no amendment submitted by A for a change in my job title. The below are my options so would really appreciate if you all can suggest and share your thoughts?
1. Go for a H1B extension from Company A itself and if RFE/Denied, can i then proceed with a H1B transfer from Company B? Confused here in figuring out that if my extension is denied will i loose my status and am i eligible to file a new petition as a transfer from Company B?
2. Or directly go for a H1B transfer from a new Company B, this way will i have lesser risk in getting rejected?
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waiting4gc02
02-28 02:33 PM
On the VFS site it lists the following docs:
Spouse / Dependent Children
1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
The one that stands out is #4.
Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??
Thanks
Spouse / Dependent Children
1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
The one that stands out is #4.
Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??
Thanks
kvranand
01-17 12:58 PM
I think this is due to bi-specilization program USCIS started lately. H1's are processed at CSC & VSC just like I-140's processed at TSC & NSC.
So your application would have gone to VSC when they share the applications for processing, though you belong to CSC.
I believe my resoning is correct!
So your application would have gone to VSC when they share the applications for processing, though you belong to CSC.
I believe my resoning is correct!
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mrdinh
February 9th, 2004, 08:34 PM
why?...it is not that noisy in high iso at all...very usuable compared to the d1x
more...
kp9999
05-07 01:00 PM
Hi
Can any one help me in getting information on Onet Code?Is there any website has that information?
thanks
kp
Can any one help me in getting information on Onet Code?Is there any website has that information?
thanks
kp
asanghi
12-16 10:09 PM
Dont we need to go to the home country for transfering from H4 to F1? Can we do it by staying in the US itself?
Thanks
You need to go your home country, if you want to get the visa stamped. Here you can apply for change of status to F1. In fact as you are member of Immigrationvoice, so most likely you have applied for green card. In such case you should not go home country to apply for F1. It could be problematic. The consular officer might even reject your F1 .
Thanks
You need to go your home country, if you want to get the visa stamped. Here you can apply for change of status to F1. In fact as you are member of Immigrationvoice, so most likely you have applied for green card. In such case you should not go home country to apply for F1. It could be problematic. The consular officer might even reject your F1 .
more...
immigqindenver
03-15 02:24 AM
Hi Guys,
My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.
Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.
Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?
Thanks.
My AOS has been filed in the summer of 2007 (August 2007 timeframe). Since then, my EAD and AP have been renewed twice, and I have re-entered the US on AP. My AOS has been due for over 180 days now.
My H1B expires in July 2009. Since I have not received my Green Card (AOS has not been approved yet) - my company lawyers have filed for H1B extension.
Question - I have applied for an internal job, within the same company. The job-title and job-role are different. The salary is the same.
Am I legally allowed to do this - i.e. change jobs internally to a different role, based on my EAD? Can I go ahead with this new job?
Thanks.
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bbenhill
06-09 04:19 PM
Hi, Just make sure with your HR if the new company will grand fathered all the aggreement (esp your GC process). Same thing happened to me a year ago and I don't need to file anything.
so for summary :
a. Do I have to go through the entire GC process again with new company?
>> no
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will
help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
>>>the safest thing might be to file AC21. but again, it will depend on ur HR/Lawyer
d. Should I stay with my current employer?
>> up to you .. only you can feel the situation post acquisition.
btw in my case, my old company name is totally gone and my business unit brought the old company name into a new division of the new company . in your case looks like the old company name is still there.
Thx
so for summary :
a. Do I have to go through the entire GC process again with new company?
>> no
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will
help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
>>>the safest thing might be to file AC21. but again, it will depend on ur HR/Lawyer
d. Should I stay with my current employer?
>> up to you .. only you can feel the situation post acquisition.
btw in my case, my old company name is totally gone and my business unit brought the old company name into a new division of the new company . in your case looks like the old company name is still there.
Thx
more...
msgrewal81
08-30 09:11 PM
What a mean approach....what about people who have yet to apply EB3...guys when are we start supporting future EB appliers as illegals from mexico vote for candidates who support legalization of illegals..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
Typical EB approved guy dont give hell to the one who follows...that needs to change and be taken care in all the future proposals coming up from IV..
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raysaikat
07-08 10:39 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
Well, technically your employer is not supposed to set the wage based on the prevailing wage (or any other immigration related number). Your wage should be based on the job you perform.
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jelo
02-10 12:05 AM
My labor got approved in Jun 2006, I 140 approved in Oct 2007 and I am a July 2007 filer. My employer got a NOIR on I 140 saying this:
Please provide evidence that supports your answer to question 9; Part C (Employer Information) of the approved ETA 9089 processed in Jun 2006. "Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?"
And then it lists, what could be the documentation to prove this relationship. My Employer is sure that he gave NO for that question but I am not sure. I am in parolee status working for the same employer on H1b. I do not have any kind of relation with the employer at any time.
What if the employer by mistake answered it as YES? what are my options, can I still fight? what could be the documentation, incase we answered NO to the question. Please help me what could be my options.
Please provide evidence that supports your answer to question 9; Part C (Employer Information) of the approved ETA 9089 processed in Jun 2006. "Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?"
And then it lists, what could be the documentation to prove this relationship. My Employer is sure that he gave NO for that question but I am not sure. I am in parolee status working for the same employer on H1b. I do not have any kind of relation with the employer at any time.
What if the employer by mistake answered it as YES? what are my options, can I still fight? what could be the documentation, incase we answered NO to the question. Please help me what could be my options.
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humty
09-14 06:10 PM
hello,
Processing Type: Regular Processing
Receipt Number: WAC081-465-XXXX
Received Date: APR,24 2008
Notice Number: N/A
RFE Date:
RFE Responded Date: sep 16 2008
Status: RFE responded and case resumed
iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
what will i do?can i raise the service request?can i directly call to the uscis?
please suggest me...
Processing Type: Regular Processing
Receipt Number: WAC081-465-XXXX
Received Date: APR,24 2008
Notice Number: N/A
RFE Date:
RFE Responded Date: sep 16 2008
Status: RFE responded and case resumed
iam going to wait since one year.but still its going to be delay.my employer didn't say anything. I was getting frustrated everytime I looked at it, same statment: "Case resumed"
what will i do?can i raise the service request?can i directly call to the uscis?
please suggest me...
more...
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loku
08-16 08:03 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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optimist578
04-20 03:11 PM
Hi,
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
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nashorn
08-12 03:55 AM
Nothing. Figured application has to be transfered from NSC to TSC. That is going to take more time.
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alterego
12-03 12:23 AM
Yeah but why LUDs on a Sunday?
Lots of weird stuff. Perhaps something automated.
Lots of weird stuff. Perhaps something automated.
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testz
09-11 11:29 PM
Are RFE's and other future communication letters sent to home address or to immigration lawyers?
thx
thx
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sonia_sd
11-10 03:35 PM
Tareek pe Tareek, Tareek pe Tareek...GC dene wala nahi rehta...GC lene wala nahi rehta....sirf reh jaati hai TAREEEK!!! ;)
If you don't know what I'm talking about...
YouTube - DAMINI - Tareekh Pe Tareekh (http://www.youtube.com/watch?v=4tHLAQVPZ48)
I want to play sunny deols role but who will be My lord here ?? USCIS / DOS :)))
Nice post thx
If you don't know what I'm talking about...
YouTube - DAMINI - Tareekh Pe Tareekh (http://www.youtube.com/watch?v=4tHLAQVPZ48)
I want to play sunny deols role but who will be My lord here ?? USCIS / DOS :)))
Nice post thx
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alex99
10-02 04:20 PM
Hi Friends,
If Forom G-28 is signed while applying for EAD and AP,
who will receive EAD and AP documents? Lawyer or the Applicant?. Please advice...
Regards,
Alex
If Forom G-28 is signed while applying for EAD and AP,
who will receive EAD and AP documents? Lawyer or the Applicant?. Please advice...
Regards,
Alex
ho_gaya_kaya_?
11-19 10:52 PM
Mid oct-
dont know the exact date
Incidentally i got my FP appointment today.
dont know the exact date
Incidentally i got my FP appointment today.
rsayed
02-21 03:38 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
I don't foresee any issues - Remember to have all documentation pertaining to the L-1 visa, which he originally entered the US with.
Also, any letters from previous employer(s) stating his employment period, with title, salary, etc. should be helpful (though, not needed).
From what I think - he's visiting the consulate to get his H-1B stamped and as long as he has all the documents required for the H-1B visa stamping, he should be fine.
GOOD LUCK!!!
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