excogitator
04-13 06:31 AM
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rathodman
04-28 12:54 PM
Hi,
I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:
1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?
I'll really appreciate your response on this.
Thanks,
Manish
I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:
1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?
I'll really appreciate your response on this.
Thanks,
Manish
nixstor
12-18 11:06 AM
^^^^^
Any one recently who applied for F1 visa in Canada/Mexico/India after moving from H4??
Any one recently who applied for F1 visa in Canada/Mexico/India after moving from H4??
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martinvisalaw
01-26 05:30 PM
I don't want to second guess the experienced lawyers. They are probably planning on mentioning an alternative educational background as acceptable, in addition to the CIS. There is a place on the PERM form for this.
more...
lahiribaba
01-22 02:50 AM
http://www.sofiaecho.com/article/investment-in-real-estate-in-us-guarantees-a-green-card/id_34054/catid_68
The purchase of a piece of property in America, a single-family house, a PUD (planned unit development) or a condo (flat within a condominium) will guarantee you and your family a green card. This is one of the extreme measures implemented to help stall the meteoric fall of the United States economy in light of the economic crisis, Bulgarian weekly Stroitelstvo Gradut reported on January 15.
Thirty-five accredited investors will have the opportunity to acquire real estate in the south-eastern state of Florida � by purchasing a house � they will be granted a green card for permanent residence and right of employment for the buyer himself and his/her entire family.
Additional conditions are that the prospective buyer must have a clean criminal record, a good credit record, the ability to present and prove a decent monthly income, and no outstanding financial obligations or credit liabilities. The purchase itself can be done either with cash, bank transfer or monthly instalments, but the financial resource must be proven legitimate.
The US government has allocated 10 000 such visas nation-wide for potential investors in real esate, under a programme approved by the US Congress. Florida's is the first such programme that has actively been given the green light to commence. Specialists in the field argue that this is the best time to invest and purchase property in America, as prices in some states have been slashed by as much as 25 per cent. Experts argue that within three years' time, however, the market will stabilise and prices will rise.
The purchase of a piece of property in America, a single-family house, a PUD (planned unit development) or a condo (flat within a condominium) will guarantee you and your family a green card. This is one of the extreme measures implemented to help stall the meteoric fall of the United States economy in light of the economic crisis, Bulgarian weekly Stroitelstvo Gradut reported on January 15.
Thirty-five accredited investors will have the opportunity to acquire real estate in the south-eastern state of Florida � by purchasing a house � they will be granted a green card for permanent residence and right of employment for the buyer himself and his/her entire family.
Additional conditions are that the prospective buyer must have a clean criminal record, a good credit record, the ability to present and prove a decent monthly income, and no outstanding financial obligations or credit liabilities. The purchase itself can be done either with cash, bank transfer or monthly instalments, but the financial resource must be proven legitimate.
The US government has allocated 10 000 such visas nation-wide for potential investors in real esate, under a programme approved by the US Congress. Florida's is the first such programme that has actively been given the green light to commence. Specialists in the field argue that this is the best time to invest and purchase property in America, as prices in some states have been slashed by as much as 25 per cent. Experts argue that within three years' time, however, the market will stabilise and prices will rise.
anilsal
01-28 10:55 PM
the change in salary ($76K to 120K) is a cause for concern. It depends how long ago you filed your labor. If it has been greater than 5 years, IMO the salary change may be ok. Rather than the titles, the job duties have to reasonably match.
-------
Not a lawyer
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Not a lawyer
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k_confused
08-16 07:08 PM
Her passport :( Issues with the passport :(
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ABHI1
11-12 05:07 PM
Hi ,
My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.
Thanks
My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.
Thanks
more...
desixp
01-21 12:51 PM
Hi,
Passport will be with the consulate during the PIMS verification. How is someone going to come on AP.
Thanks,
DesiXP
Passport will be with the consulate during the PIMS verification. How is someone going to come on AP.
Thanks,
DesiXP
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keaby
03-23 07:03 PM
I have entered through JFK a week back. The officer was cordial..
Not sure whether the POE issues we have been hearing are resulting from any policy direction ..or just individuals acting on their own..
Just letting you know my experience .if it comforts..
Not sure whether the POE issues we have been hearing are resulting from any policy direction ..or just individuals acting on their own..
Just letting you know my experience .if it comforts..
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gtm228
05-25 02:29 PM
Hi
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
My advise is to get a Non-availability of birth certificate because an RFE is the last thing you wanna see. My wife tried Allied Legal, India to get Non-availability of birth certificate for her parents. you can try them. They are the immigration attorneys in USA. How to get Non Availability of Birth Certificate in India (http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm)
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
My advise is to get a Non-availability of birth certificate because an RFE is the last thing you wanna see. My wife tried Allied Legal, India to get Non-availability of birth certificate for her parents. you can try them. They are the immigration attorneys in USA. How to get Non Availability of Birth Certificate in India (http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm)
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skv
08-27 02:38 PM
I (and my spouse as dependent) applied for I-485, AP, and EAD on July 17, 07 and am yet to get the receipt notice. My (and my spouse's) H-1 expires on 12/31/07 and I plan to travel out of the US between November 8 and December 24.
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
I'm positive, you can very much travel!!
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
I'm positive, you can very much travel!!
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Macaca
09-14 12:00 PM
/\ /\ /\
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gc_chahiye
10-12 04:34 PM
I have a EB2 labor that is approved from BEC. But i have already applied 140 and 485 using EB3 labor and both are pending. Now I am planning to interfile 485 once my old 140 approves.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
yes. 180 days past its approval date if it was approved since the law banning EB substition came out (in May or June this year). If it was approved before that law came into effect, then it will expire 180 days after the law became effective (Jan 2008).
Go ahead and file the second I-140, you can have two pending.
http://www.murthy.com/nflash/nf_051607.html
Expiration of Labor Certifications : 180-Day Rule
�MurthyDotCom
Under current rules, a labor certification (LC) does not have an expiration date. Under the new regulation, an LC will expire after 180 days if no I-140 is filed to proceed with the case. For labor certifications approved on or after July 16, 2007, the I-140 petition must be filed within 180 days of the LC approval. For LCs that are or were approved before July 16, 2007, the I-140 petition will have to be filed within 180 days of July 16, 2007.
My question is does my labor expire, If I dont use it to file 140.
Thanks for your advice.
yes. 180 days past its approval date if it was approved since the law banning EB substition came out (in May or June this year). If it was approved before that law came into effect, then it will expire 180 days after the law became effective (Jan 2008).
Go ahead and file the second I-140, you can have two pending.
http://www.murthy.com/nflash/nf_051607.html
Expiration of Labor Certifications : 180-Day Rule
�MurthyDotCom
Under current rules, a labor certification (LC) does not have an expiration date. Under the new regulation, an LC will expire after 180 days if no I-140 is filed to proceed with the case. For labor certifications approved on or after July 16, 2007, the I-140 petition must be filed within 180 days of the LC approval. For LCs that are or were approved before July 16, 2007, the I-140 petition will have to be filed within 180 days of July 16, 2007.
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kirupa
10-31 06:22 AM
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lonemetro
08-15 03:51 PM
Thanks much for your reply, BumbleBee.
There will be a great chance that my parent company will close down my current company after I'm transferred to them. I don't think my current employee will withdraw my I-140 case in the future. Hopefully that I-140 will go thru so I can use its PD for my future PERM/I-140 application.
There will be a great chance that my parent company will close down my current company after I'm transferred to them. I don't think my current employee will withdraw my I-140 case in the future. Hopefully that I-140 will go thru so I can use its PD for my future PERM/I-140 application.
more...
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ho_gaya_kaya_?
11-19 11:26 AM
I got my receipts last weekend
It was some what similar story for me.
I my case my wife's app and mine got separated-
Mine got rejected on grounds of incorrect fees (there was a single check)
my wifes app turned up after a month or so
we refiled and got the receipts
I am now trying to find out what to expect for EAD and AP
I wonder if special handling cases get a better turnaround
Keep me posted with what happens with you- and maybe we can start to geta n ide as to what to expect next
It was some what similar story for me.
I my case my wife's app and mine got separated-
Mine got rejected on grounds of incorrect fees (there was a single check)
my wifes app turned up after a month or so
we refiled and got the receipts
I am now trying to find out what to expect for EAD and AP
I wonder if special handling cases get a better turnaround
Keep me posted with what happens with you- and maybe we can start to geta n ide as to what to expect next
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alterego
09-14 08:48 PM
Do you have a good relationship with your employer. If so, if you can get your hands on the BEC letter, ie requesting your employer whether they want to continue with the processing, then it is on that letter.
The next question is should you continue with such an oppressive counsel at the next stage? Perhaps the lawyer is colluding with your employer, that would be truly difficult, since they could then just sit on the approved labour and not even file 140. You need to try and find out their intent soon.
The next question is should you continue with such an oppressive counsel at the next stage? Perhaps the lawyer is colluding with your employer, that would be truly difficult, since they could then just sit on the approved labour and not even file 140. You need to try and find out their intent soon.
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k_usa
07-12 03:48 PM
Visa Bulletin for August 2010 (http://www.travel.state.gov/visa/bulletin/bulletin_5092.html)
sri1234
05-15 03:04 PM
Hello Attorney's
My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")
I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).
Currently working using EAD
Question -
What kind of implications will this have on my I-485 application?
Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.
Attorney's Please Advise.
Thanks in advance
Sri
My H1 Extension got denied and reason - employer could not provide "End-Client" letter.
(Client is not providing any letters to "consultants")
I have an Approved I-140 and Pending I-485(EB2 PD Oct 2006).
Currently working using EAD
Question -
What kind of implications will this have on my I-485 application?
Is there something that i can do to like change my current employer etc,,
to save myself? Or is this the end of my immigration journey.
Attorney's Please Advise.
Thanks in advance
Sri
lagsam
05-20 04:07 PM
That's right, still AOS.
You can renew within 120 days before the EAD expire.
I just renewed mine and my wife. My daughter is 16 and she's AOS, but don't have EAD. I am planning to apply for her EAD next month.
You can renew within 120 days before the EAD expire.
I just renewed mine and my wife. My daughter is 16 and she's AOS, but don't have EAD. I am planning to apply for her EAD next month.