bugmenot
11-17 01:39 PM
I dont think there is one (at least legally). However, even if revoked, you may apply for new H1 (without quota bar, if you are within 6 years). The IO may or may not give you a new I94, so you may have to exit the country to get a new visa/I94.
uh? no time period to transfer h1b?? does anyone have a clarification on this point?
i heard it was between 10 days to 2 weeks???
anyone??
uh? no time period to transfer h1b?? does anyone have a clarification on this point?
i heard it was between 10 days to 2 weeks???
anyone??
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QuintonBermuda
05-06 04:56 PM
I have lived in GA for 5 years...but here is what I found on GSU's site (the school I would like to go to, looks like they have a specific policy):
Information for H-1B Visa holders
H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the
United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.
One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.
I-94 (Arrival/Departure Record)
Form ETA - 9089 Alien Labor Certification Application
I-140 Immigrant Petition for an Alien Worker
Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status
Information for H-1B Visa holders
H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the
United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.
One or more of the following documents should be submitted as proof of taking the appropriate steps toward U.S. legal permanent resident status.
I-94 (Arrival/Departure Record)
Form ETA - 9089 Alien Labor Certification Application
I-140 Immigrant Petition for an Alien Worker
Receipt notice (I-797) for filing Form I-485 - Application to Register Permanent Residence or Adjust Status
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karthkc
03-17 05:02 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
AFAIK, Using EAD either for a FT or PT job should invalidate other non-immigrant work authorization documents like H1B since EAD is a derivative benefit of filing for immigrant status and you cannot mix and match your status...
If this is not true and there is a discussion on this forum clarifying that, I would like to know too...
Anyone?
Thanks!
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mrsr
06-25 05:19 PM
is 1 company allowed to file 2 i140 for same individual ?
hi guys this is urgent plzzzzzz help
i am a pharmacist recently licensed in florida and i found 2003 approved labor but my lawyer is telling me that in order to substitute it for me i must be licensed in florida at the time of filling date of this approved labor which is in 2003.
thanks in advance
hi guys this is urgent plzzzzzz help
i am a pharmacist recently licensed in florida and i found 2003 approved labor but my lawyer is telling me that in order to substitute it for me i must be licensed in florida at the time of filling date of this approved labor which is in 2003.
thanks in advance
more...
gcnirvana
02-19 06:17 PM
Another nail in the H1B Coffin :mad:
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
dealsnet
09-10 12:48 PM
Nobody can file I-485 before their PD is current.
You need to wait 4+7 years to file I-485.
Till that point, you need to maintain a legal status here.
You need to wait 4+7 years to file I-485.
Till that point, you need to maintain a legal status here.
more...
IneedAllGreen
03-02 08:31 AM
Yes for H1B you are entitled to get Return ticket back to your home country if you are being laid off or fired. Last year my earlier employer offer me return ticket to home contry. They specified that we are offering as per the clause or law of H1B visa. Offcourse I didnt accept it but you cant get money for not accepting this return ticket offer.
Hope this help
INeedAllGreen
I would return home to Canada. I am not sure of the immigration policies in India :)
Could you point me to chapter and verse from some official DOL or USCIS website?
Thanks.
Hope this help
INeedAllGreen
I would return home to Canada. I am not sure of the immigration policies in India :)
Could you point me to chapter and verse from some official DOL or USCIS website?
Thanks.
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ImmiUser
11-30 05:17 PM
Hi,
I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points
1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?
2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?
3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?
I am a Doctor and working on EAD. I have a dependent EAD through my husband and PD is June 2002 EB3. As I am eligible to file under EB2, therfore just wanted to know if it is feasible to start my own GC processing under EB2 while working on EAD which was filed under EB3 category ? If its feasible to file another GC then would like to get further clarifications on below few points
1) Would I be able to port my old priority dates (June-2002) or do I have to file altogether a new application ?
2) Could there be any intruption to my current EAD or to my husband's EAD by filing a new GC application ?
3) If I won't be able to port old EB3 priority dates, is it still adviseable to file new GC application under EB2 ?
more...
pd_recapturing
06-17 09:17 PM
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
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Ann Ruben
01-25 11:34 PM
As Fromnaija correctly explained, if you are an applicant for AOS with an approved EAD you are authorized to remain legally in the US as long as your application is pending. You Whether or not you are working does not matter.
more...
lost_in_gc_land
02-02 12:57 PM
Got a 221g (pink) from Chennai consulate because I have a Phd in biology. After almost 4 weeks the status on the website was updated to 'submit passport'. I have a couple of questions. If anyone who has gone through a similar situation, can answer, I would very much appreciate it..
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
The bulk of your ordeal is done...that is waiting for the Security clearance...
Security clearance is different from PIMS from what I understand... two different processes...with some luck you might already be cleared for PIMS...I guess you will have to submit your passport and see. Cheers...
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
The bulk of your ordeal is done...that is waiting for the Security clearance...
Security clearance is different from PIMS from what I understand... two different processes...with some luck you might already be cleared for PIMS...I guess you will have to submit your passport and see. Cheers...
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harinim
11-25 03:22 PM
Hi All,
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.
My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are
1. Should I re-appeal?
2. Do Labors get approved in re-appeal?
3. Can I start a new Labor application with the same employer simultaneously?
4. What�s a safe category to apply at this point in time. EB2 or EB3?
Thanks
more...
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nonlimit
02-11 11:39 AM
Hey Alabaman,
First of all thanks for your reply.
No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.
2 points:
1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).
But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.
Am I correct with this reasoning? Does the substantial presence test only count for the next year?
2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.
Christian
First of all thanks for your reply.
No I haven't filed a tax return before, because there was no need. I started studying in August 2008 and remained most of 2009 in the US.
2 points:
1. So therefore I guess I'm a nonresident for 2009 (because I wasn't a lot in the US in 2008).
But I'm a resident for 2010 (because I was in the US almost all of 2009). With 2010 I mean the tax filling I'll have to do next year.
Am I correct with this reasoning? Does the substantial presence test only count for the next year?
2. Is it correct, that they took 25% of my sign up bonus away? I was an F-1 all of 2009.
Christian
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krish2005
05-14 06:03 PM
Not sure if this is the section to post this.
I am listing a few things that rake up my mind whenever I think of my prolonged (for me its prolonged though) stay in US. Dragging my feet over decisions to go back or not.
My posting is entirely my view. I would not be willing to trample on other's feelings. Just sharing a few things.
Cons
------
1) Leave everything behind as such in our native place and start everything afresh here. Looks cool for a start. But end up in a remote place with few people and no friends. Life starts to suck when you move on for some months in the remote place. Some like it most don't.
2) Trying to look back on what we missed being with family and friends, those good old days. Sitting on a wall/bench and chatting about daily happenings/cricket etc
3) Going back after some time to be bewildered on what happened to those buildings that were there. Before you digest all those, your vacation is gone. Poof
4) Most Importanty, live with fear on what will happen to those near and dear who have been wishing us good luck and health. Just imagining that fact that when you visit back next time, they might not be there, gives me sleepless nights. This is true even when you are back in your native place but at least you have a solace in seeing them whenever you require and help them in their times of need physically. Nothing is like what you do rather than telling others to do.
5) Missing all those religious events, happenings, special occasions.
Pros
-----
1) Live own life without any bindings (we can give umpteen excuses on how we are forced to live but its still our life)
2) Money factor
3) Move away from petty politics
4) Your own car.
5) Wifeys like it here as it moves them from home politics and they drive the home here.
These are my thoughts. Just sharing with a few who might care.
I am listing a few things that rake up my mind whenever I think of my prolonged (for me its prolonged though) stay in US. Dragging my feet over decisions to go back or not.
My posting is entirely my view. I would not be willing to trample on other's feelings. Just sharing a few things.
Cons
------
1) Leave everything behind as such in our native place and start everything afresh here. Looks cool for a start. But end up in a remote place with few people and no friends. Life starts to suck when you move on for some months in the remote place. Some like it most don't.
2) Trying to look back on what we missed being with family and friends, those good old days. Sitting on a wall/bench and chatting about daily happenings/cricket etc
3) Going back after some time to be bewildered on what happened to those buildings that were there. Before you digest all those, your vacation is gone. Poof
4) Most Importanty, live with fear on what will happen to those near and dear who have been wishing us good luck and health. Just imagining that fact that when you visit back next time, they might not be there, gives me sleepless nights. This is true even when you are back in your native place but at least you have a solace in seeing them whenever you require and help them in their times of need physically. Nothing is like what you do rather than telling others to do.
5) Missing all those religious events, happenings, special occasions.
Pros
-----
1) Live own life without any bindings (we can give umpteen excuses on how we are forced to live but its still our life)
2) Money factor
3) Move away from petty politics
4) Your own car.
5) Wifeys like it here as it moves them from home politics and they drive the home here.
These are my thoughts. Just sharing with a few who might care.
more...
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virtual55
04-07 09:04 AM
NumbersUSA obtained a summary of the "compromise" negotiated among Republicans Tuesday night. The language is theirs, not ours. We do not know how discussions between Republicans and Democrats have changed the plan, or if it is still a factor in the debate.
Hagel/Martinez Amendment
Background:
The Hagel/Martinez Substitute contains all the provisions of the Specter Amendment - including the border security, interior security and employer enforcement provisions from the Frist bill - but makes the following 3 changes:
1. It proposes an alternative to Title VI, Subtitle A of the Specter substitute (which deals with the illegal population living in the U.S.)
2. It temporarily increases the number of employment based green cards from 290,000 (as in the Specter Substitute) to 450,000. This increase from 290,000 to 450,000 would sunset after ten years.
3. It would give mid-term illegal immigrants (defined below) priority in applying for green cards over future immigrants entering as temporary workers.
The Hagel/Martinez Amendment is based on legislation (S.1919) introduced by Senator Hagel in October 2005.
Hagel/Martinez Amendment
Background:
The Hagel/Martinez Substitute contains all the provisions of the Specter Amendment - including the border security, interior security and employer enforcement provisions from the Frist bill - but makes the following 3 changes:
1. It proposes an alternative to Title VI, Subtitle A of the Specter substitute (which deals with the illegal population living in the U.S.)
2. It temporarily increases the number of employment based green cards from 290,000 (as in the Specter Substitute) to 450,000. This increase from 290,000 to 450,000 would sunset after ten years.
3. It would give mid-term illegal immigrants (defined below) priority in applying for green cards over future immigrants entering as temporary workers.
The Hagel/Martinez Amendment is based on legislation (S.1919) introduced by Senator Hagel in October 2005.
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looivy
06-25 08:00 AM
I got FP notice inside 2 weeks of submitting my EAD application. I am in TSC. Again FP depends on when you last Finger prints. I dont everyone 'HAS' to get FP.
We both have had ours taken. First one in 2007 (July 2007 filing) and second in 2008. Does that mean we are not reqd to take any FPs? Pl advise.
We both have had ours taken. First one in 2007 (July 2007 filing) and second in 2008. Does that mean we are not reqd to take any FPs? Pl advise.
more...
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ski_dude12
06-29 07:15 PM
Anyone...???
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gcslave
07-08 05:30 PM
I didn't get an email, but I checked my case status online and it has changed to Decision today. Waiting to get the snail mail. Hopefully, it will move to card production ordered soon. My wife has a FP appt on Jul 15, so I wasn't expecting to get approval before that, but I guess sometimes the surprises are pleasant.
PD - Mar 21, 2005
PD - Mar 21, 2005
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needhelp!
09-23 05:59 PM
Here is one of the comments below that article that makes sense too (claims to be from a congressional staffer):
As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.
More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.
Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.
You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.
Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
Do this, and be rational, and you just might make a difference.
As a congressional staffer, I'd say you should just call. Even if you address the letter to the LA, it will likely be passed off to an intern or an LC (legislative correspondent). Writing to constituents is not fun, and most offices have people that do it all day long.
More than likely, an intern will pick up. DO NOT just start rambling about whatever issue you want to gripe about. This signals the person who answered that you are crazy, and should not be speaking to a staff member. They are very busy, and no one is going to pass a crazy person off to their boss. The intern will know to either say "We'll pass that on for you" (which he will not), or say "I've made a note and I'll deliver it to the congressman" (again, he will not). Interns don't know anything, nor do they have the power to do anything.
Instead, simply say your full name and ask whoever is on the phone to speak with the LA who handles the issue about which you are concerned. Be calm, be stern. If you speak to the LA, don't just start off with "I have some opinions I'd like you to know; here they are!" Instead, ask questions! Ask what the congressman's positions are on the issues. Ask why. Explain your own position. Finally, ask if there is any other information the staffer might need.
You might be passed off to voice mail. Do NOT give your opinions here. Simply say that you have some concerns about a certain issue, and that you would like a call back.
Most offices have daily callers and letter writers who leave incoherent notes and messages about anything from UFOs to mexican truck drivers. Your goal should be to separate yourself from this crowd.
Do this, and be rational, and you just might make a difference.
sri1234
01-30 05:30 PM
:(My H1 extension got denied and the attorney filed for MTR.
Can i work while this is under process or should i use EAD?
The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.
Should i be using EAD to work and abondon H1?
Will there be any problems for 485?
Your advise is hightly appreciated. Please help
Thanks,
Sri
PD - Oct 06 EB2 - India
I-140 approved
I-485 filed July 07
Please somebody give their expert inputs.
Can i work while this is under process or should i use EAD?
The reason for H1 extension rfe and subsequent denial was lack of End Client Letter of contract for another 2 years.
Should i be using EAD to work and abondon H1?
Will there be any problems for 485?
Your advise is hightly appreciated. Please help
Thanks,
Sri
PD - Oct 06 EB2 - India
I-140 approved
I-485 filed July 07
Please somebody give their expert inputs.
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
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