srijay
08-05 08:41 PM
It is August now and I have almost completed 3 years of my H1 (with a consulting firm) and I am due for my renewal by end of September this year. I have all paychecks proper so far. At this time, I badly want to go back to H4 for a short break while I keep looking for full time positions in the market. Due to recession and my location constraints, I am expecting an offer only after a few months from now. So, is it possible to get a change of status to renewed H1 immediately after I get an offer? How long will this processing take? Will a potential new employer be hesitant to offer a position because of this? My current employer is not willing to sponsor for my renewal. What is the cost of H1B renewal under normal circumstances?
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GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
Green_Always
07-28 08:20 PM
fyi
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
2011 Sexiest Man Alive Ryan
dionysus
06-14 12:21 AM
Just be truthful in your applications and things will be fine.
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
If you are not legally divorced, make sure you do mention your wife's name in your 485 application. If you do not file a separate 485 for her, she will not get any GC. INS can not grant GC to anyone who doesn't even ask for it. Your GC will not be affected if you file for only yourself. So you save money on one 485 filing and we all get one extra GC slot.
Hi,
Situation- PD Current and eligible to file 485
Married but seperated. What should that person mention in the form?
If he mentions his wife's name on the form, would she get GC as well?
Does he need to submit any docs for his wife? Currently planning to file for himself only.
Please advise
Thanks
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westh1b
04-11 10:23 PM
My friend came to US on January through one bodyshopper on H1B visa and he was on project for 4 months.When his project is over and he is on bench then his employer forcing him to send him a email stating that he will be on leave without pay and immediately his employer stopped paying him salary from the day he was on bench.
Can any one please guide me that how to file complaint to DOL against his body shopper.
Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
Thanks
H1B
Can any one please guide me that how to file complaint to DOL against his body shopper.
Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
Thanks
H1B
akela_topchi
01-20 12:42 AM
Dear Friends
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
more...
STK
02-08 02:01 AM
I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:
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nsd786
01-17 05:11 PM
My PD is Oct 2004 .Received I-140 RFE Ability to pay.RFE date Jan 2nd 2009.They have asked for Tax returns for 2006 and 2007 (2004 and 2005 were submitted during filing).They have mentioned that we also have the option to submit W2 ,Audited statements or Annual reports.The company is a small company with 20-30 employees and is doing pretty well .For 2004 ,2005 and 2006 their net incomes is about 3-4 times my proffered wage.But there is an issue for the 2007 return.Their year ends in June and hence 2007 return was due on September 2007 for which they have filed an extension.Hence returns are not due till March 2009.RFE has to be responded to by Feb 2nd.They have paid an estimated tax of about 34000-35000 .My proffered wages are 52000.Hence if one calculates the estimated income it is in line with the previous years and is about 3 times my wages.But there is no return only extension notice and proof of taxes paid .I do not work for them right now and have no W2.They do not have any audited statement or annual report.I am trying to get them to give me a statement from their CPA stating estimated revenues,net income and tax for 2007 but I am being given the run around.If I were to submit only with the 2006 return and 2007 extension filed with proof of tax paid is it OK or do i most definitely need that letter from their CPA.I doubt I can get anything more than the CPA letter and that too is doubtful.Business owner perceives CPA letter not needed attorney states needed.I am in a limbo.Please help .Do I also need statement showing income from July 2008 through December 2008 to show current ability to pay as advised when they have asked only for 2006 and 2007 returns.PLEEEASE HELLP AND GIVE YOR ADVISE.
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bb08
03-18 11:25 PM
If you have digital camera, you can get soft copy of your photo by using this side.
Passport photos for free - ePassportPhoto.com (http://www.epassportphoto.com)
Thanks
bb08
Passport photos for free - ePassportPhoto.com (http://www.epassportphoto.com)
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bb08
hair Actress Scarlett Johansson has
vinabath
03-17 04:30 PM
1. your employer has to proffer you a position which has either BS+5 or advanced degree as minimum requirement.
2. you accept it and ask your employer to start the GC process.
3. your employer applies for Labor Certification for the proffered position.
4. your employer applies for 140 for the cleared labor. here the employer requests the USCIS to use the earlier PD of your approved EB3 140
2. you accept it and ask your employer to start the GC process.
3. your employer applies for Labor Certification for the proffered position.
4. your employer applies for 140 for the cleared labor. here the employer requests the USCIS to use the earlier PD of your approved EB3 140
more...
vishwak
02-24 10:09 AM
Get some nice Attroney and you need to get Education Evalution properly.
It should clearly show your credentials etc.
It should clearly show your credentials etc.
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jsb
07-06 01:53 PM
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
Isn't it too soon to expect it? They usually take 45 to 60 days. It has been only a couple of weeks.
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
Isn't it too soon to expect it? They usually take 45 to 60 days. It has been only a couple of weeks.
more...
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Kowsik9002
04-18 03:56 PM
With EAD, or AP for travel, it is important to apply renewal of documents exactly 120 days prior to current document�s expiration date. If you file the renewal application earlier than 120 days prior to expiration, the USCIS may deny the application. In your case, if AP expires July, then return before the date to avoid issues. Plus, if EAD is current, then there should be no problem with entering U.S again. I am out of work and not risking it with out of country travel. Check with lawyer. That is important. Two years back, I returned with AP and faced questions at the airport. Check with lawyer before leaving. Why we do these hoop is known only to the almighty. Better to love someone here and settle with life. I am exhausted with all such documents. I have delayed marriage for GC.
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rameshvaid
05-25 10:20 PM
Folks from Ohio,
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
Solon, Ohio a suburb of Cleveland and would like to join state chapter. Pls. let me if I need to do something to become a part of State Chapter.
RV
Conundrum and I would gladly help, in getting OH Chapter going once again. We would love to see folks from Ohio to get involved. Please respond to this thread. As of now, the hope is to see who is in Ohio and we can take it from there. If you are a resident of Ohio, just say hello.
thanks
Solon, Ohio a suburb of Cleveland and would like to join state chapter. Pls. let me if I need to do something to become a part of State Chapter.
RV
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pictures Scarlett Johansson wants
waitnwatch
10-04 01:44 PM
Just curious. Do you know of any reason why he might make way for someone else?
Or any reason why the next guy will be better than this gentleman. How about Sensenbrenner for Speaker? Think before you ask for your wishes may just come true.
Or any reason why the next guy will be better than this gentleman. How about Sensenbrenner for Speaker? Think before you ask for your wishes may just come true.
dresses Scarlett Johansson has
12bar
July 4th, 2006, 12:58 PM
I wanted to introduce myself as I am new to this forum and digital photography. I have always had a keen interest in photography but never got around to doing anything about it until now. I just ordered my first real camera, I bought a Nikon D70s with the 18-70 and 55-200 lenses, and it should be here by the end of the week. My job provides me the opportunity to see many different places around the world and I am hoping to get good enough to capture and share the sights and feelings of my travels. My wife and I also enjoy motorcycling and get to see a lot of the country that you miss if you take the interstate and hope to capture some of these sites as well. I will probably have a lot of dumb rookie questions and ask for your patience as I learn this new hobby. In return if you have any questions concerning motorcycles (especially BMW�s) or guitars I might be able to help there.
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makeup “Ryan and Scarlett had been
ItIsNotFunny
04-19 10:34 AM
I totally agree with you. I hope date will move fast now since there is not enough people in 2002-2003. I hope this will be same for India and china too. Let`s hope for the best.
On contrary most of India - China are before Aug 2003 as of results of poll now!
On contrary most of India - China are before Aug 2003 as of results of poll now!
girlfriend Johansson#39;s representative
MARY_GC
07-23 01:45 AM
Hi,
I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are
1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?
2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?
3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?
Gurus, please comment the pros and cons of this.
I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are
1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?
2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?
3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?
Gurus, please comment the pros and cons of this.
hairstyles Scarlett Johansson Sandra B
kondur_007
06-03 11:06 AM
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
This is done in preparation for the spill over (fall down); they have used up all of "china's own" numbers and now they will actually retrogress EB2 China (to move it along with EB2 India) to distribute spillover (fall down); the VB will come with a "long explanation" as to why the retrogression for EB2 China despite of low demand....
Stay tuned! :)
Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.
Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.
This is done in preparation for the spill over (fall down); they have used up all of "china's own" numbers and now they will actually retrogress EB2 China (to move it along with EB2 India) to distribute spillover (fall down); the VB will come with a "long explanation" as to why the retrogression for EB2 China despite of low demand....
Stay tuned! :)
wandmaker
08-25 01:19 PM
Hi,
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
PD on your profile does not sound realistic, whats your actual PD? I assume you have not filed your 485 according to your profile. This may help throw some opinions.
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
PD on your profile does not sound realistic, whats your actual PD? I assume you have not filed your 485 according to your profile. This may help throw some opinions.
h1vegas
02-02 05:12 PM
I have a couple of questions on renewing my H-1
1) I got my first H-1 on 10/01/2006 ( I-29 date). When is the latest I should renew my H-1B visa
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
I truely appreciate your response on this matter
H-1Vegas
1) I got my first H-1 on 10/01/2006 ( I-29 date). When is the latest I should renew my H-1B visa
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
I truely appreciate your response on this matter
H-1Vegas
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