clifford
02-01 07:52 PM
Hi,
I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )
I will appriciate any help/suggestion in this matter.
:confused::confused::confused:
Regards,
I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )
I will appriciate any help/suggestion in this matter.
:confused::confused::confused:
Regards,
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lostinbeta
09-30 02:21 AM
Hey luksy, if you don't want your Wacom that much I will take it off your hands:evil: Ok, so I was kidding (unless you really don't want it).
I don't have one but I want one sooo bad. Drawing with a mouse is such a pain and I don't have a scanner to scan my paper drawn images.
I don't have one but I want one sooo bad. Drawing with a mouse is such a pain and I don't have a scanner to scan my paper drawn images.
waitingmygc
11-20 03:35 PM
Minimum requirement for Sr. Software Engineer can be MS + 2 years experience.
If Sr. Software Engineer is not your current designation then go with SE instead of SSE.
If Sr. Software Engineer is not your current designation then go with SE instead of SSE.
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kpkrind
09-05 10:54 AM
Hello All,
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
Here are my case details, please help me.
- I am on a H1 visa through company ABC and my H1 visa and I-94 are expiring on Sep 30th 2007
- My wife is currently on a H4 visa and she arrived in May 2007. Her h4 visa and I-94 are valid till Sept 30th 2007
- My consulting company ABC has filed for her H1 visa and she received her H1 approval notice in May 2007 (after her arrival here) with a start date of Oct 1 2007. Since it was not a COS, she didn't receive a new I-94.
- Since our plan was to stay together for a few more months till November, My employer(and my spouse H1 sponser) ABC has filed for my H1 visa extension and her H4 visa extension and we have received receipts for both of the applications.
Would that be sending wrong signal to USCIS, saying that she wants to continue on H4 and not work on H1? Would that cause H1 approved petition to be cancelled or revoked. Is it true? If its going to be a problem, what are the immediate steps she can take since she wants to work?
We were exploring ways that she can get the H1 I-94 legal status from staying within US instead of exiting the country and getting a H1 stamping right now. What steps can we follow.
* Form I-539 which we used for extending the H4 status, could we have used the same form for requesting a change of status to H1 and since it is almost taking upto 3-4 months, would we have been granted a I-94 for H1 sometime in Nov as we were wanting? Could she stay in the US legally once this form had been filed until its approval?
* Should the employer file for I-129 to amend the status of stay from H4 visa to H1 visa and when he should do it?
Regards
Prakash
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Ann Ruben
05-28 03:00 PM
It would be converted to F-3.
gkaplan
05-17 01:08 PM
thanks for the quick response.
SO, lets say my company applies for me to h1b cap sometime after october 1, if by chance the cap is reached by the time we apply, and if my application gets rejected for this reason, am I still be eligible to apply and re-do everything for next year? if the cap is reached by late october or november lets say and if i get rejected for this, then can I do all this again on april 1 2011.
thanks a lot!
SO, lets say my company applies for me to h1b cap sometime after october 1, if by chance the cap is reached by the time we apply, and if my application gets rejected for this reason, am I still be eligible to apply and re-do everything for next year? if the cap is reached by late october or november lets say and if i get rejected for this, then can I do all this again on april 1 2011.
thanks a lot!
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Lopezc75
09-26 10:42 AM
I know one....email me if interested.
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jack
11-01 01:41 PM
Thank you very much for the suggestion
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maddipati1
04-08 03:04 PM
it's catch-22 situation. its easy to get 797, but not VISA, entry to US and most importantly a job in this economy. same as housing, cheap prices, but no job security. not to state the obvious but, there is a reason why cap didn't reach in a day.
a good idea though is, apply for H1, get 797 approved. Normally its for 3 years from Oct'09. But don't go for stamping for another year(not sure if u can wait on stamping) or the period legally allowed and don't try to come to US for another six months or the period legally allowed . So u can come to US in 2011, if its allowed legally. does any one know the law?
a good idea though is, apply for H1, get 797 approved. Normally its for 3 years from Oct'09. But don't go for stamping for another year(not sure if u can wait on stamping) or the period legally allowed and don't try to come to US for another six months or the period legally allowed . So u can come to US in 2011, if its allowed legally. does any one know the law?
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abhis0
09-12 01:48 PM
I have no news yet about my 2 July applications.
nkavjs, I am with you brother.
nkavjs, I am with you brother.
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HalfDog
07-25 12:01 PM
I'm pretty certain (95%) these are lifted from another illustrator but for the life of me I cant remember who.
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newuser
03-13 07:39 PM
Please update the profile first
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eb2dec2005
05-27 11:44 AM
If your MIL is not in the US, you cannot technically extend the visa.
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
My M-I-L is already in the US. She has her I94 valid unti June 7th.
I did file for an extension online yesterday. However, i am yet to mail the documents.
What i would like to know is, can she stay until we hear from USCIS about the extension getting approved/not approved?
If at all its not approved, what happens?
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aguada
11-09 11:40 AM
My case: Perm Approved, I140 approved last year, long wait for I485. I have (had) 3 years extension till 2013
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
My company's lawyer was supposed to revoke H1 of say (name changed) Venkatesh Natarajan and they by mistake revoked mine because of similarity of name(Vedant Narayanan). This happened in July and got approved in August (see below for details). The day my company got to know a wrong employee's H1 was revoked they filed for reinstatement.
Here are the chronological events
Date on which my H1 revocation notice was sent to USCIS: 7/28/2010
Date on which USCIS agreed to revoke my H1: USCIS says they got our letter of revocation on 8/15/2010, but their letter was dated 9/27/2010
Date when my employer was informed by lawyer's office about revocation: 10/24/2010
Date when my company filed for reinstatement of my H1, with pre-paid FedEx packet for USCIS to use with a reply: 10/25/2010. The USCIS has not responded to this letter.
Currently the action being taken is that they are in a process to file a new H1B as a backup, if USCIS doesn't reply to the letter or if they say that revocation process can't be undone.
I read about this nunc-pro-tunc provision. Do you think my new premium H1B should be filed with the nunc-pro-tunc provision? So that my new H1 is backdated from the day it was revoked.
References:
MurthyDotCom : Nunc Pro Tunc H1B and H-4 Cases Approved (http://www.murthy.com/news/n_nunpro.html)
MurthyDotCom : Murthy Success Story - Previously Denied H-4 Nunc Pro Tunc & I-485 Approved (http://www.murthy.com/news/n_mssnpt.html)
MurthyDotCom : Eligibility under Sections 245(i) & 245(k) for AOS (http://www.murthy.com/adjsta.html)
Section 245(k)
Section 245(k) enables a person who is adjusting status in an employment-based category (whether on the basis of a labor certification or in one of the special Green Card categories that does not require a labor certification or job offer) to adjust, even if s/he has been out of status or worked without authorization for less than 180 days. This provision does not require an immigrant petition or labor certification to have been filed on or before any particular date and there is also no penalty fee involved.
Will this 180 days 245(k) clause help me in anyway?
How should we tackle this situation. Is there any other options that we can try, any phone number we can call? Any way we can ask USCIS to undo the revocation? Any suggestions/pointers appreciated.
Thanks
more...
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h1bwala
04-25 11:38 PM
I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.
What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?
Please let me know the process to get my pending salary if i am entitled to get any
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dave25
01-24 02:32 AM
Hi,
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
more...
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krustycat
01-09 04:50 PM
Did you contact them?What did they say?Did you receive any EAD or AP because some people receive those even before getting receipt numbers???
Yes, I contacted them several times. They only ask you to wait more.
I also have sent two emails to DHS, CIS Ombudsman's office. They asked me to use a Form 7001.
I sent the Form 7001 to CIS Ombudsman on Nov/07. I didn't even get a receipt confirmation from Ombudsman's office.
I was able to open a service request after 5 months of waiting, on Dec/07. I'm still waiting for a reply about the SR.
I faxed a letter to the service center.
Nothing so far.
It's seems like the package got lost (as well as my lawyer :p ).
I just wanted to show you that there is more people in the same situation from July.
Hang in there!
Best of luck.
Yes, I contacted them several times. They only ask you to wait more.
I also have sent two emails to DHS, CIS Ombudsman's office. They asked me to use a Form 7001.
I sent the Form 7001 to CIS Ombudsman on Nov/07. I didn't even get a receipt confirmation from Ombudsman's office.
I was able to open a service request after 5 months of waiting, on Dec/07. I'm still waiting for a reply about the SR.
I faxed a letter to the service center.
Nothing so far.
It's seems like the package got lost (as well as my lawyer :p ).
I just wanted to show you that there is more people in the same situation from July.
Hang in there!
Best of luck.
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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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gzpain
12-17 12:01 PM
I haven't contributed yet, but I would like to do. Can one of you please add my email address to WI state chapter.
Cheran
04-14 05:24 AM
This is an option given to me by my lawyer - I can change job within my company to a differenct category, even though Green Card Process has to be restarted, we can port the priority date. So it is an option....
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
abcka111
05-01 06:57 PM
My husband is working for company X on H1-B and he could possibly be fired in couple of weeks. My questions are:
1. Does he need to leave the country on his last working day? Can he stay for a couple of weeks to look for another job?
2. If he finds a job after getting fired, will he be out of status till he finds a job?
3. If for example, 15th of May is his last working day in Company X and his H1B transfer process starts on 25th of May. Will the gap in the number of days of visa filling be an issue in future for Green card processing?
4. I am currently on H4. During his H1B transfer, does anything need to be done for my visa?
1. Does he need to leave the country on his last working day? Can he stay for a couple of weeks to look for another job?
2. If he finds a job after getting fired, will he be out of status till he finds a job?
3. If for example, 15th of May is his last working day in Company X and his H1B transfer process starts on 25th of May. Will the gap in the number of days of visa filling be an issue in future for Green card processing?
4. I am currently on H4. During his H1B transfer, does anything need to be done for my visa?
