manderson
11-11 12:35 PM
Don't count on it.
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dearscorpius
11-27 01:00 AM
My situation:
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
I've been given offers by two companies, A and B.
I am currently under my F1 student visa, OPT status, my OPT started at July 2010.
Company A is now processing my H1B petition, and this is the first time I apply for H1B. But I haven't started to work for them yet, they set the start date to be in Jan. next year. They just filed my H1B petition before Thanksgiving.
Right now, I decided not to work for Company A for some personal reasons, and I will work for Company B next year February. (2011) And Company B is going to file a H1B petition for me after the Thanksgiving holiday.
My issue is, Company A is going to terminate the H1B visa process from my end, and ends the employment relation with me. Will I be out of status, if Company A withdraw their H1B petition filed for me? How can I avoid this problem. What should I ask Company A to do, and what should I ask Company B to do.
I am willing to give more details if an attorney can really help me answer my questions. I would really appreciate that! It's kind of urgent. Thanks very much!
sdrblr
10-07 10:52 PM
Based on my experience travelling with my son couple of times, I can answer couple of questions.
PIO card looks just like your Indian Passport, difference being color and has just 1 page.
Just present PIO and the US PP and they will look at both and stamp the immigration seal on the PP. They do not do anything with the PP other than recording the PIO # in addition to the US PP #.
While departing the country, they will just look at it again and hand it back and stamp the immigration seal on the PP.
Usually takes 3-4 weeks to get and if you dont have time, I would go with a visa as you can get it the same day. For an infant, I see no diffrence in PIO or a visa.
My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card
1. How can he use the PIO card to enter and exit India?
a. Does he simply show the PIO card, US passport to enter and exit India?
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
a. Do they return the PIO application and its supporting documents before visa could be applied?
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?
PIO card looks just like your Indian Passport, difference being color and has just 1 page.
Just present PIO and the US PP and they will look at both and stamp the immigration seal on the PP. They do not do anything with the PP other than recording the PIO # in addition to the US PP #.
While departing the country, they will just look at it again and hand it back and stamp the immigration seal on the PP.
Usually takes 3-4 weeks to get and if you dont have time, I would go with a visa as you can get it the same day. For an infant, I see no diffrence in PIO or a visa.
My son is a US citizen/passport holder and we are planning on applying for a PIO for him at the SFO consulate. I have the following questions on how he could use the PIO card
1. How can he use the PIO card to enter and exit India?
a. Does he simply show the PIO card, US passport to enter and exit India?
2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
a. Do they return the PIO application and its supporting documents before visa could be applied?
b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa?
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getgreensoon1
03-15 11:30 AM
Didn't most of us came to US through "Desi Companies/Body Shopper/Outsourcer"?
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
You may have ....I did not. The so called software professionals have no other avenue than coming through the bodyshops. Infy, TCS and Wippro are no different than other desi bodyshops. Its the difference between a nice hair cutting saloon and a road side one. Infy, TCS are nice hair cutting saloon.
Its not a question about feeling the pinch. Its about the validity of credentials. Most of underskilled people get undue advantage by working at these bodyshops.
Now that we are feeling the pinch, we want to close this door for the other folks?
Guys, this is pinnacle of hypocrisy. Please convince me how this is different from the Anti Immigrants??
Please note. I have no axe to grind and I have never worked for Desi Company/Body Shopper/Outsourcer.
You may have ....I did not. The so called software professionals have no other avenue than coming through the bodyshops. Infy, TCS and Wippro are no different than other desi bodyshops. Its the difference between a nice hair cutting saloon and a road side one. Infy, TCS are nice hair cutting saloon.
Its not a question about feeling the pinch. Its about the validity of credentials. Most of underskilled people get undue advantage by working at these bodyshops.
more...
9411b
12-04 03:28 PM
Our 140/485 filed with NSC, then moved to CSC for receipting, got WAC receipt #, then moved th TSC, pending since July 2007.
RD=7/23/07
Notice Dae =9/19/07
on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.
FP notice received and done in January 2008.
Yes, we need to do something to help us.
JJ
RD=7/23/07
Notice Dae =9/19/07
on 9/20/07, all cases moved to TSC. Nothing happened even withourt LUD.
FP notice received and done in January 2008.
Yes, we need to do something to help us.
JJ
kriskris
07-31 09:34 PM
Dear All,
Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
Hi bijualex29,
Can you please confirm with your friend whether his 140 LUD (Last Update Date) changed or not. I want to know whether they check our 140 status before or after the data entry.
Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.
He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.
He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?
What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.
Hi bijualex29,
Can you please confirm with your friend whether his 140 LUD (Last Update Date) changed or not. I want to know whether they check our 140 status before or after the data entry.
more...
kriskris
08-30 05:46 PM
Hi IVians,
I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.
Thanks
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.
Thanks
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
2010 Fast Five Wiki Images: Betty
jcrajput
10-16 12:30 PM
My current employer gurantee that he will not withdraw I-140. I also talked to lawyer and she said it is individual choice but it is always good to let USCIS know since your case is pending..
However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
Thank you for your replies and interest.
However, I am little nervous since I heard that USCIS is rejecting I-485 for straight forward AC21 cases. Can't really think which way should go?
Thank you for your replies and interest.
more...
tcsonly
12-12 06:55 PM
USCIS will send an IO to your home within 48 hours. He will take pictures with your family, have lunch or dinner and issue the Green Card to every member of the family.
Looking at your signature, wanted to make sure you provided the answer based on your personal experiance.
I didn't know CIS became so customer oriented all of a sudden.
Looking at your signature, wanted to make sure you provided the answer based on your personal experiance.
I didn't know CIS became so customer oriented all of a sudden.
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thomachan72
10-19 12:27 PM
Very informative replies. Thanks!!
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GCBy3000
02-06 05:25 PM
Make sure your wife gets new H4 with valid i94. Entering with old H1 stamping does not hurt as long as it is not expired. But you should be careful not to continue with it without thinking about H4.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
You might have valid H1 with new company with valid i94. You are safe until next extension, but your wife will go out of status once her I94 expires. Better to talk with your company attorney and get the H4 transfer process going.
hot Fast Five Wiki Images: Divider
ssksubash
11-13 03:37 PM
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.
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.
more...
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me_myself
12-19 05:15 PM
suavesandeep, thanks a lot for confirming.
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admin
03-28 10:22 AM
ragz4u,
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
I was watching C-span fully. I did not see any amentments to instate Ac21 provision to eliminate hard country quota. Is there any update? Is there any possibilty for amendment from any senatore in floor discussion? Please post the procedings in this issue, as I feel this may be ignored by senaters due to the controversial guest worker program.
By the way is there any differnce between 202a3 and 202a5?
Ramba,
We're definitely working on this issue and I am sorry that I am not able to go into further details.
202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.
more...
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CreatedToday
02-11 05:55 PM
To lighten up the moment after March Visa bulletin holds no prospects...
http://thepinkchaddicampaign.blogspot.com/
http://thepinkchaddicampaign.blogspot.com/
dresses fast five wiki. fast five wiki
GCSOON-Ihope
10-17 03:26 PM
Can we find out the status of namecheck from USCIS or from any FBI website during retrogresssion. I applied 485 an year ago. Can i find out if atleast the name check is cleared even though my PD is not current.
They usually initiate the name check process shortly after filing I-485.
Since yours was filed a year ago, then of course it would be very interesting to know your status regarding the damn name check, retrogression or not.
However, this info is not always easy to get. You might try several ways: call Customer service, make Infopass appointment...In the ultimate case, you will have to ask your Congressman to inquire for you...
I personaly e-mailed USCIS California Center (CSC-XII.485@dhs.gov). What's really weird is that the first two times they responded within a week but the third time, when I "naively" asked if they could expedite that name check, the reply was an automated message:
"we no longer reply to e-mails, for all inquiries call Customer service bla bla bla..."!!!
I suppose I was just lucky the first times! The third time maybe they just got fed up with my "stupid" questions??!!:confused:
They usually initiate the name check process shortly after filing I-485.
Since yours was filed a year ago, then of course it would be very interesting to know your status regarding the damn name check, retrogression or not.
However, this info is not always easy to get. You might try several ways: call Customer service, make Infopass appointment...In the ultimate case, you will have to ask your Congressman to inquire for you...
I personaly e-mailed USCIS California Center (CSC-XII.485@dhs.gov). What's really weird is that the first two times they responded within a week but the third time, when I "naively" asked if they could expedite that name check, the reply was an automated message:
"we no longer reply to e-mails, for all inquiries call Customer service bla bla bla..."!!!
I suppose I was just lucky the first times! The third time maybe they just got fed up with my "stupid" questions??!!:confused:
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greenguru
01-31 12:56 PM
Hi ,
Yes, it is possible.
Yes, it is possible.
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horscorp
02-06 01:21 PM
Hi Ann,
Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.
Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?
thanks again!
horscorp
Hi Horscorp,
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.
Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?
thanks again!
horscorp
Hi Horscorp,
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
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VickIowa
12-28 10:55 AM
I don't have the I-797A's I-94 which was attached to the bottom since I had to submit that in Jan 2009 when I'd visited India and come back to the US with H1-B stamping. I do have a copy of this I-797A's I-94...would giving this copy be better than not providing any at all? Thanks, Vick
GCBoy786
10-08 05:14 PM
What do u mean by that? I'm a July 2nd filer.
go_guy123
01-03 06:20 PM
......
The closest Congress came to action was the Dream Act, which would establish a path to citizenship for the most sympathetic class of undocumented immigrants: those brought to the U.S. as children, have stayed out of trouble, completed high school and committed to college or service in the U.S. military.
The Dream Act won passage in the House, and 53 votes in the Senate - but not enough to break a Republican-led filibuster.
Dream Act supporters should try again in the new Congress, but this time they should take a page from the tax compromise forged in the lame-duck session. That deal combined something Democrats wanted - an extension of unemployment benefits - with something Republicans wanted - an extension of tax cuts for high earning individuals.
Some leading conservatives have proposed loosening immigration rules for another worthy group: highly-educated foreigners capable of creating the new ideas, inventions and enterprises so important to America's economy. The brightest minds from around the world come to leading American universities, only to take their knowledge and talents back home because they can't legally stay here.
Conservative think tanks and commentators - and some elected officials - have suggested every foreign student who receives a post-graduate degree be automatically granted a green card. Some will still go home, but those who choose to stay can supply the brains and ambition that immigrants have been bringing to America's economy for hundreds of years.
Our first choice would be for Congress to enact the kind of comprehensive immigration reform proposed in recent years by the late Sen. Ted Kennedy, former President George W. Bush and President Barack Obama. If that's not in the cards, we suggest pairing the Dream Act with a bill offering legal residency to the most highly educated foreign students.
What ties these proposals together is the assumption, shared by leaders of most political stripes, that legal immigration is good and necessary. America's population is aging and America's economic competitors are gaining ground in innovative technologies. We need immigrants, especially those who already consider themselves Americans - like the ones welcomed by the Dream Act - and those whose education and skills can contribute to economic growth.
The best compromises are those which incorporate the ideas and priorities of both sides. Such a compromise on immigration policy is long overdue.
Editorial: Immigration in 2011 - Framingham, MA - The MetroWest Daily News (http://www.metrowestdailynews.com/opinions/editorials/x338106193/Editorial-Immigration-in-2011)
See the politics in this article..written out of an MA media/mouthpiece...liberal leaning state and nature.
First they wanted comprehensive and wanted to hold the EB /skilled people hostage to their cause. They tried and failed again and again and again....and realized that mas amnesty is politically impossible and now with GOP in power in house it is even more impossible.
They tried Dream act stand alone...and failed even when Democratic party was in its high tide. and failed there as well. But short of few vote in senate. But house is a deep challenge. But they know conservative think tanks are in favor of skil bill and so they are now talking of attaching the dream act to the skill bill which has better chance of passing.
They have climbed down from their grand stand. But now they are trying to hold the SKIL Bill hostage to the Dream act....that is how Dream act s trying to make a comeback by attaching themselves to SKIL bill.
My feeling is that Dream act is still too politically toxic and even if "sugar coated" with SKIL
bill. It is way too bitter and politically radioactive for SKIL-Dream combined act to pass.
Democratic party still holds the Senate and Reid et al will be the ones trying to attach the Dream act to any SKIL bill....and that is where the problem lies.
Perhaps we will need to hope that "donkeys" get wiped out in Senate in 2012 for skilled immigrants to see the promised land.
The closest Congress came to action was the Dream Act, which would establish a path to citizenship for the most sympathetic class of undocumented immigrants: those brought to the U.S. as children, have stayed out of trouble, completed high school and committed to college or service in the U.S. military.
The Dream Act won passage in the House, and 53 votes in the Senate - but not enough to break a Republican-led filibuster.
Dream Act supporters should try again in the new Congress, but this time they should take a page from the tax compromise forged in the lame-duck session. That deal combined something Democrats wanted - an extension of unemployment benefits - with something Republicans wanted - an extension of tax cuts for high earning individuals.
Some leading conservatives have proposed loosening immigration rules for another worthy group: highly-educated foreigners capable of creating the new ideas, inventions and enterprises so important to America's economy. The brightest minds from around the world come to leading American universities, only to take their knowledge and talents back home because they can't legally stay here.
Conservative think tanks and commentators - and some elected officials - have suggested every foreign student who receives a post-graduate degree be automatically granted a green card. Some will still go home, but those who choose to stay can supply the brains and ambition that immigrants have been bringing to America's economy for hundreds of years.
Our first choice would be for Congress to enact the kind of comprehensive immigration reform proposed in recent years by the late Sen. Ted Kennedy, former President George W. Bush and President Barack Obama. If that's not in the cards, we suggest pairing the Dream Act with a bill offering legal residency to the most highly educated foreign students.
What ties these proposals together is the assumption, shared by leaders of most political stripes, that legal immigration is good and necessary. America's population is aging and America's economic competitors are gaining ground in innovative technologies. We need immigrants, especially those who already consider themselves Americans - like the ones welcomed by the Dream Act - and those whose education and skills can contribute to economic growth.
The best compromises are those which incorporate the ideas and priorities of both sides. Such a compromise on immigration policy is long overdue.
Editorial: Immigration in 2011 - Framingham, MA - The MetroWest Daily News (http://www.metrowestdailynews.com/opinions/editorials/x338106193/Editorial-Immigration-in-2011)
See the politics in this article..written out of an MA media/mouthpiece...liberal leaning state and nature.
First they wanted comprehensive and wanted to hold the EB /skilled people hostage to their cause. They tried and failed again and again and again....and realized that mas amnesty is politically impossible and now with GOP in power in house it is even more impossible.
They tried Dream act stand alone...and failed even when Democratic party was in its high tide. and failed there as well. But short of few vote in senate. But house is a deep challenge. But they know conservative think tanks are in favor of skil bill and so they are now talking of attaching the dream act to the skill bill which has better chance of passing.
They have climbed down from their grand stand. But now they are trying to hold the SKIL Bill hostage to the Dream act....that is how Dream act s trying to make a comeback by attaching themselves to SKIL bill.
My feeling is that Dream act is still too politically toxic and even if "sugar coated" with SKIL
bill. It is way too bitter and politically radioactive for SKIL-Dream combined act to pass.
Democratic party still holds the Senate and Reid et al will be the ones trying to attach the Dream act to any SKIL bill....and that is where the problem lies.
Perhaps we will need to hope that "donkeys" get wiped out in Senate in 2012 for skilled immigrants to see the promised land.
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