cgeek4u
09-07 08:42 PM
Based on my experience, employer can't damage your GC process. H1 is like an offer. Its up to you to join that company or not. You can apply for multiple H1b's at the same time. So even if your employer cancel the H1 it should not affect you. But it may be worth confirming with a lawyer if you are worried.
Hope this helps.
Hope this helps.
pd_recapturing
09-24 10:06 AM
My app was received by NSC on 24th July and looks like NSC is processing August apps. Even, if my app got transferred to TSC, it should have been processed by now according to USCIS report on RN processing. I am not sure, what to do ?
fall1998
01-12 01:42 AM
:p
Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.
Probably, your wish is granted (even if it is just for few hours while they correct the error :p). Why I say this? Look at visa bulletin on Mumbai Consulate's website, here's the link:
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
By the way, if it has changed (and does not have good news when you see it), it is currently showing 'current' for EB2.
Cheers!!!
Call me superstitious but just wanted to kick off this thread again in the hope that this miracle will repeat this year. I have a gut feeling 2011 will bring that magic moments again.
Probably, your wish is granted (even if it is just for few hours while they correct the error :p). Why I say this? Look at visa bulletin on Mumbai Consulate's website, here's the link:
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
By the way, if it has changed (and does not have good news when you see it), it is currently showing 'current' for EB2.
Cheers!!!
Prashanthi
07-22 05:43 PM
Hi,
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.
more...
stones
07-08 05:33 PM
Do you think, I won't have problem even I do not have paystubs for October, 2008. I gave my OPT card, OPT I20 and latest pay stubs of Company B (until September 2008) and Company C (until June, 2009). Would they work? Please let me know. Thanks a lot for your advice.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
In my Internationa office ther gave me this email
# On June 4, 2008 you were approved for a change of status to H1B from 10/01/2008-09/02/2011 with employer A.
# 09/16/2008 was your last day of employment at A. At that time your were in F-1 status. Since you did not remain with A until 10/01/2008, your H1B status was never activated.
# On October 28, 2008 employer B, filed an H1B Change of Employer and Extension of Stay petition on your behalf and you began employment under the impression that you were eligible for the benefit of portability. Since your H1B status was never activated, you were still in F-1 status at that time and were not eligible for the benefit of H1B portability. To date, no determination has been made on this application.
# On June 15, 2009 the Employer C filed a Change of Employer petition on your behalf and you began employment at Employer C.
Conclusion: The items that you have provided in response to the RFE show a sequence of events that may
make your extension of stay impossible. You were not in H1B status when employer B filed an H1B transfer for
you. This apparent lapse in visa status since the filing of the employer B H1B petition may exceed 180 days and
we recommend that you speak with an immigration attorney immediately to review your options.
I have attached a list of recommended immigration attorneys.
If one of the recommended immigration attorneys provides information in regard to your situation that would be
helpful in our response to the second RFE. Please forward all information by July 20th.
Moving forward, USCIS will most likely approve employer C's request for H1B employment and deny the extension of
H1B stay. If this occurs, you will need to travel to obtain your H1B status. Please let us know the Consulate
where you will obtain your visa at so we can provide USCIS with this information.
dogking
03-20 12:23 PM
Does anyone know the time frame of WISH and Talent bill?
more...
sathishav
02-25 10:48 AM
It is a bad idea. It will allow people to misuse it. Once they are pre-approved they may not care about staying in status. They will not change jobs in their area of work. You may find an engineer doing some other profession. How will something like this help USA. We should stop seeing everything from - How it will help me. See how it will help USA to make good suggestions USCIS will listen.
That's a good point. Never thought about that.
That's a good point. Never thought about that.
softcrowd
02-07 09:46 AM
As many people stated already, Parents do not qualify for H4 status. They can come here on Visitors (B2) visa but that way their stay here can not be more than 6 months & frequent such stays also raise a red flag.
So, unless one becomes Citizen - I can't think of an alternative to bring parents on a permanent basis. I wish there is a way too!!
So, unless one becomes Citizen - I can't think of an alternative to bring parents on a permanent basis. I wish there is a way too!!
more...
ganguteli
03-04 05:43 PM
Is there anything i can do on H4 visa??
You can volunteer your time for IV and help .
You can also expand your family . Do not wait and put your life on hold due to your visa status.
You can volunteer your time for IV and help .
You can also expand your family . Do not wait and put your life on hold due to your visa status.
kumhyd2
05-19 02:12 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
more...
ssksubash
11-13 04:04 PM
You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
ck_b2001
07-25 03:52 PM
I agree that protest idea should not be misused. They have listened to us once now they will say "what else they want". Though there are more long terms issues but i guess protest ideas can be saved for later on or wait for the momentum to buildup itself.
more...
immi_enthu
08-10 01:28 PM
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
same thing happened to me.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
same thing happened to me.
krishnam70
02-17 06:59 PM
PD: October 2, 2002
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Enjoy
- kris
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Enjoy
- kris
more...
jsb
09-03 10:26 AM
Hi guys,
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
No receipts yet. Filing delivery details, and I-140 approval/LUD same as yours with EB2 India.
I know J Barrett has been a star of this forum for a while.
I just wanted to check if anyone in a similar situation as mine as received any update on their 485.
140 approved from TSC in May 2006; LUD on 7/28
485 received at NSC on July 2, 2007
485 received and Signed for by J Barrett at 10:25 AM
Thanks.
No receipts yet. Filing delivery details, and I-140 approval/LUD same as yours with EB2 India.
F1_doubt
05-10 10:15 AM
Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?
In other words, I can never step back into the US?
In other words, I can never step back into the US?
more...
virginia_desi
02-13 03:08 PM
I got the following message from USCIS:
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number: SRCXXXXX
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On February 9, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
I received this message on Feb 10. But I haven't recieved any CPO or any other email yet. Is this normal? Is my case finally approved?
gc_wow
10-16 08:36 PM
Dont engage in such Cliche mentality,tell the significance of the festival, I dont understand most of the Indian Parents are engaged in propogating such a behavior in kids. Instill strong character,values and traditions in your kids.Not this kind of half baked crap.
Happy Deepavali to all.
Happy Deepavali to all.
devikas81
09-09 07:08 PM
Pls. update ur case once you receive any action from USCIS,
I have similar case like you, pls. email me at vmt0606@yahoo.com,
Thanking You,
I have similar case like you, pls. email me at vmt0606@yahoo.com,
Thanking You,
makemygc
06-14 11:42 AM
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
/\/\/\/\
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
/\/\/\/\
thomachan72
11-06 05:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
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