nik.patelc
10-23 06:36 PM
I m on h1b and my I485 application is pending. Also i have recieved EAD valid till Sept 2010. I m on H1 Visa status with current company. if i get laid off, how do i move my status from H1 to EAD after layoff?
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.
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smuggymba
07-28 01:14 PM
Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.
'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.
Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.
40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.

bluekayal
03-03 02:22 PM
It happened to me as well. I had a Labor stuck in Dallas and I continued doing a Schedule A application. I did a premium processing and mentioned that I had an approved labor from 2004 (that got approved during my Schedule A processing in 2006). The USCIS sent me an I-140 approval with the old 2004 PD.
Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
So I have no go...
But thankfully, at least I have a 2006 I-140.
In the meanwhile I've lost my job as well.
If anyone knows an editing job please get in touch!
Then I kept waiting. My lawyer was suspicious from the beginning. And yes, unfortunately the lawyer was right.
In 2008 after having seen no movement I got in touch with the Ombudsperson's office and requested review. The final result? They said it was a mistake on the part of USCIS and reset the the I-140 place to the correct PD - in my case August 2006.
And now because of the labor rule, so I lost the August 2004 PD as no I-140 was filed within 180 days of approval... The Schedule A I-140 just used the older PD...and later rescinded...
So I have no go...
But thankfully, at least I have a 2006 I-140.
In the meanwhile I've lost my job as well.
If anyone knows an editing job please get in touch!
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aadimanav
12-27 07:35 PM
It seems like the December Processing Dates for December 2007 are out, even though my browser is still showing the November version.
Enjoy!
Enjoy!
more...
h_shaik
08-08 04:18 PM
You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...
Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?
I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:
" If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".
amsgc
07-03 08:01 AM
There is no such thing as an H-1B transfer - it is unfortunate that this word is used and it confuses people all the time.
Your company B has filed a new petition on our behalf to employ you with a request for:
- The petition to be not counted in the yearly cap
- Your status be extended till the end date on the new petition
Generally speaking:
Since you have already started working for the new employer, you MUST enter using the H-1B approval notice of the new employer (even if you use the visa stamped through the previous employer).
Regarding Mexico - never been there so I don't know how it works with the I-94.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
Your company B has filed a new petition on our behalf to employ you with a request for:
- The petition to be not counted in the yearly cap
- Your status be extended till the end date on the new petition
Generally speaking:
Since you have already started working for the new employer, you MUST enter using the H-1B approval notice of the new employer (even if you use the visa stamped through the previous employer).
Regarding Mexico - never been there so I don't know how it works with the I-94.
Mine is not h1 extension but what is called transfer - Company A to company B. Can I not enter using Company A's documents as they did not cancel my h1b and wont cancel it either. Also I will get pay stub from them till jul 15 for work done till jun 20th.
more...
supu
12-02 12:16 AM
Same case with me. Its been 20 days in Texas Center.
Actually when i call 3 Agents say its been posted , 1 says , The documnet was never produced.
The postal office does not loose AP. Its USCIS people who dont send them , but just chage the status.........
I have no hope of receing it now.
Actually when i call 3 Agents say its been posted , 1 says , The documnet was never produced.
The postal office does not loose AP. Its USCIS people who dont send them , but just chage the status.........
I have no hope of receing it now.
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immi2006
08-08 06:22 PM
I guess N +1 syndrome :-)
And you know this how?:confused:
And you know this how?:confused:
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sriteam
07-07 02:04 PM
Rated 5 starts.
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johnamit
07-27 03:49 PM
So if you run this query: select (current date - 26 days) + 180 days from sysibm.sysdummy1
you will get "12/28/2007"
So lets say Jan 1st to be on safe side, so this new year eve we can celebrate our independence from H1b employer. I marked on my calendar Independence day for me and lot of IV friends.
you will get "12/28/2007"
So lets say Jan 1st to be on safe side, so this new year eve we can celebrate our independence from H1b employer. I marked on my calendar Independence day for me and lot of IV friends.
more...
kumar26fl
09-21 08:58 PM
Hi all,
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
Time: Sooner the better. Keep a goal to take a week to bring one new member.
Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.
No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!
Thanks
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monikainusa
03-22 09:46 AM
Sorry for any confusion. Here are the details :
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
more...
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onemorecame
07-30 02:29 PM
You are correct, they get a copy.
?
?
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TwinkleM
12-11 11:42 PM
Answers in Red Ink Below....
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
more...
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kishdam
03-25 09:33 AM
We are most fortunate, thanks to Mr. Bill Gates, Rep Smith's current bill will triple our h1b cap and it will pass. all 3 american candidates support us. we are winning:D:D:D
Support from president was there even last year but nothing happened. For immigration key is congress and so the lobbying.
Most of key politicians recognize the need to reform immigration practices in general and skilled immigration rules in particular - but immigration is an emotional issue and congress has complicated rules for anyone who want to scuttle even a small change. Hope some bill is in the works that give us some relief without raising too much opposition.
Support from president was there even last year but nothing happened. For immigration key is congress and so the lobbying.
Most of key politicians recognize the need to reform immigration practices in general and skilled immigration rules in particular - but immigration is an emotional issue and congress has complicated rules for anyone who want to scuttle even a small change. Hope some bill is in the works that give us some relief without raising too much opposition.
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vkannan
03-12 11:25 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
CONGRATULATIONS on your GREEN! Tried to make you green , by adding to your reputation......;) but I guess with so many reds.....still you will not make it into GREEN....
but hey, you got the GREEN Which really matters......Enjoy
:):):):):):)
CONGRATULATIONS on your GREEN! Tried to make you green , by adding to your reputation......;) but I guess with so many reds.....still you will not make it into GREEN....
but hey, you got the GREEN Which really matters......Enjoy
more...
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EndlessWait
01-10 04:45 PM
So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '
thanks
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
just exactly what ur case status says ...mine hasn't changed ever since it transferred to nebraska..it still says "the case has been transferred to NSC becoz they've jurisdiction over it etc. etc '
thanks
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p7810456
01-10 03:57 PM
munabhai
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
which center, gcphul?
i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.
which center, gcphul?
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getgreensoon1
04-07 01:26 PM
Tech firms warn of impacts of tight visa quota - MarketWatch (http://www.marketwatch.com/story/tech-firms-warn-of-impacts-of-tight-visa-quota-2011-04-07?siteid=rss&rss=1)
The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.
The problem is most of the visas are taken by indian bodyshops such as infosys, TCS, LT to bring underskilled computer operators to the US. Intel, MS and other good companies that hire from reputed US universities have hard time getting the visas due to the cap. The cap should work the other way round. 20K for bodyshops and 65K for people from US universities.
seahawks
08-29 09:00 AM
you are not getting my point. im trying to see if this MBA will help with STEM/SKIL and get me a GC. that is all im interested in.
will it help me or not is the Q ..
I doubt it, first and foremost it needs to be accredited and any accredited university has a long list of requirements. However education helps in the long run for sure, but purely for GC I dont think so. I base my answer, because the bill neither passed nor has been voted on, the perfect requirements on being Skilled can be modified and so on. you be the judge
will it help me or not is the Q ..
I doubt it, first and foremost it needs to be accredited and any accredited university has a long list of requirements. However education helps in the long run for sure, but purely for GC I dont think so. I base my answer, because the bill neither passed nor has been voted on, the perfect requirements on being Skilled can be modified and so on. you be the judge
sriramkalyan
09-15 04:05 PM
Last time CIR had sweet deal for Illegals ..
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..
For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.
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