wandmaker
02-17 11:43 PM
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
Not true, lot of people assuming that their status will remain as H4 until they start working. If you file for change of status from H4 to H1, your new status will be effective from the start date shown on attached I-94. If you would like to get back to H4, (1) you file a change of status to H4 before the start date of H1 approval I-94 or (2) travel outside the country and get back on H4.
Honestly, on a lighter note, If you do not start working from the date shown on I-94, which means you are holding an H1 (status...) but out of status w.r.t immigration rules.
So check with attorney.
Not true, lot of people assuming that their status will remain as H4 until they start working. If you file for change of status from H4 to H1, your new status will be effective from the start date shown on attached I-94. If you would like to get back to H4, (1) you file a change of status to H4 before the start date of H1 approval I-94 or (2) travel outside the country and get back on H4.
Honestly, on a lighter note, If you do not start working from the date shown on I-94, which means you are holding an H1 (status...) but out of status w.r.t immigration rules.
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walkerydk
10-08 10:38 PM
I am on the same boat of Consular Processing with Priority Date of Jun EB3 with I-140 approved in Sep-2004 and still working on H1B all the time. Is there any luck of getting EAD or similar benefits as 485 filing.
gc_check
02-13 04:34 PM
Hello All,
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.
I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.
I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…
I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice
� Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india
OR
� Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..
I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..
Thanks,
What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.
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pmat
09-21 04:09 PM
Depends on EB2 or Eb3 and country of birth. For Indians, it is a long-long wait unless a relief bill passes.
more...
srinivasj
05-18 01:34 PM
I read those threads....I appreciate his efforts and patience in doing it...those articles are though provoking..
it is not random fun or irrelevant topics..
it is not random fun or irrelevant topics..
Aah_GC
10-26 03:15 PM
I wonder why she would have to get her H4 stamped? If she has an EAD and the AP - she should just use that. Isn't AP meant just for that? - To ignore the stamping hassle and just return safe.
more...
Munna Bhai
01-30 07:32 AM
My employer says that USCIS confused with another employer with the same name who is not funcioning from 2003(Or this guys would have given their old Licence number of 2003 to USCIS while applying I140 which was overlooked by USCIS while approval). On this confusion they 'Intent to revoke'.My employer has sent the current licence they have to USCIS. So we are waiting for the decision. But I did not see the 'Intent to Revoke' letter myself. They are not sending it too. So i am nervous and thinking of other options.
USCIS site says that additional documents has been received and they will make a decision soon.
If you know that it is for another employee then why you worry. Just submit all the required document and everything should be fine. USCIS are very considerate.
USCIS site says that additional documents has been received and they will make a decision soon.
If you know that it is for another employee then why you worry. Just submit all the required document and everything should be fine. USCIS are very considerate.
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ajaykk
08-09 10:44 AM
FAQ #2 - clarified that forms with �Y� designation means that prior version of the form will not be rejected.
Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.
Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.
Q29: The version date on the new I-485 form is 7/30/07 and it has an "N" designation after it, meaning that the I-485 applications arriving at the service center on or after July 30, 2007 must use the new I-485 form or it will be rejected at the mailroom. Is this really true?
A29. No, the �N� designation on the new version was inadvertently uploaded to the USCIS website and has since been removed. The new and corrected I-485 application form that will be uploaded will have the �Y� designation which means that prior version of the form will not be rejected.
Uff this gives me some relief. My attorney has sent my 485 documents on 07/27 and reached NE on 07/30. I'm sure she must have used the old version.
more...
gc_on_demand
05-20 02:32 PM
Let's also help...people who did not file for AOS yet!!!
Please update poll. I request all senior members and people who visit this site to update poll.
thanks all in advanvce..
Please update poll. I request all senior members and people who visit this site to update poll.
thanks all in advanvce..
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GCNaseeb
10-17 11:03 PM
What's going on?
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MYGCBY2010
10-02 05:17 PM
Hi all,
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
I just got the below update from the USCIS website regarding my case.
Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...
Current Status: We mailed you a notice requesting additional evidence.
we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
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BeCoolGuy
04-16 04:29 PM
Stay on H1B. Renewal does not have any such strict health checks or anything required. Use EAD as a backup only!
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Devils_Advocate
03-22 02:40 AM
Rest in Peace
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rgpr
03-28 06:19 PM
Dear All,
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Thank you very much for your help.
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Thank you very much for your help.
more...
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bijualex29
06-24 08:38 AM
If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?
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ski_dude12
05-03 01:21 PM
All:
Your advice in this case would be very helpful. Consider the following scenario-
1: I am currently on an approved H1 extension (3 years) based on approved I-140 and I-485 filed (with dates not being current).
2: What happens to my H1 if the I-485 gets denied?
I guess in short the question is-
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
Your advice in this case would be very helpful. Consider the following scenario-
1: I am currently on an approved H1 extension (3 years) based on approved I-140 and I-485 filed (with dates not being current).
2: What happens to my H1 if the I-485 gets denied?
I guess in short the question is-
What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?
more...
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ivar
02-02 03:04 PM
No one on this forum who is waiting for PERM Withdrawal or has his PERM withdrawan earlier?
Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)
Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)
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gtg506p
03-09 09:19 AM
Dear All,
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
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windycloud
02-01 11:08 AM
Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.
With all due respect, this is a bit of a self-serving exaggeration don't you think? Unemployment will be a thing of the past if they give all of us greencards? I trust many will buy properties and start businesses but enough to fix unemployment entirely??? Trust me I want my GC as badly as the next guy in line. But if we start warping facts and reality to make claims and statements in benefit of our own interests, and even worse if we actually BELIEVE in them, we'd no longer be fundamentally different from those gun clinching, Jesus loving, Obama hating rednecks of this country. We are far better educated than those average Joes and let's try to think, talk and act like it.
With all due respect, this is a bit of a self-serving exaggeration don't you think? Unemployment will be a thing of the past if they give all of us greencards? I trust many will buy properties and start businesses but enough to fix unemployment entirely??? Trust me I want my GC as badly as the next guy in line. But if we start warping facts and reality to make claims and statements in benefit of our own interests, and even worse if we actually BELIEVE in them, we'd no longer be fundamentally different from those gun clinching, Jesus loving, Obama hating rednecks of this country. We are far better educated than those average Joes and let's try to think, talk and act like it.
thatwillbeit
06-06 03:38 PM
Thanks for your reply wandmaker
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
akhilmahajan : Here is checklist of documents that I guess should be sent with AP I-131 form
I-131 Application Supporting documents
Copy of I-485 receipt Notice
Copy of I-140 Receipt/Approval Notice
Copy of Prior Advanced Parole Document (AP)
Copy of Biographic Page of Passport
Copy of Drivers' License
2 Passport size Photos
Check for $305 in favor of DHS
jazzyjatt
07-29 09:17 PM
Brasil,
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.
All the best :)
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