Ann Ruben
06-18 07:17 PM
If your wife wants to transfer to a cap-subject employer, she will only be able to do so if the H-1 quota for the fiscal year has not been used up. If the H-1 cap has not been reached then transferring from a cap-exempt employer is no more difficult than transferring from a cap-subject employer. (though the new start date would have to be Oct. 1 or later)
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jk333
08-18 02:55 AM
As long as you use your H1 visa to come back in,
you are in good shape.
Have a safe trip.
you are in good shape.
Have a safe trip.
gc_check
11-26 05:24 PM
Folks,
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
Got a question on surrendering I-94 when leaving USA. Do we just need to surrender the one issued in POE when coming to USA, or we need to surrender the I-94 that came with I-797 approval notice as well. I'm getting different opinion from different folks, Some say surrender only the White one issued in POE, few say surrender the one attached to I-797 approval notice as well. One friend of my mine, was asked to show the part attached to I-797 when he went for visa stamping and luckily he surrendered only the white one issued in POE and he did not surrender the one attached to I-797, so he had it with him.
Folks, please share your experience on this.
Sorry for the new thread, if this had been discussed on other threads as well.
Thanks,
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greenmonster
11-19 08:31 AM
Got my NC Driv License after 6 weeks. Issued based on EAD.
more...
gtg506p
10-26 01:14 PM
Yea. Thats true. I will think about it. It is possible to receive receipt in one week under normal circumstances. When I had applied for 140 (Regurlar Processing) in May before the fiasco I received receipt in 3 days.
tslee
04-22 12:14 PM
Dear all:
May I ask what I should do in the following situation?
I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.
That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.
I am under tremendous pressure and really want to hear your opinions.
Many thanks in advance!
May I ask what I should do in the following situation?
I hold F1 visa and my new job starts on Sept 1. The int'l student office of my current university mistakenly set my OPT start date on May 6. My OPT has been approved and EAD card arrived.
That is, I will have 120-plus "unemployment" days accumulated by early August, which will then violate the "90-day unemployment rule" of OPT.
I am under tremendous pressure and really want to hear your opinions.
Many thanks in advance!
more...
immilaw
09-13 01:08 PM
Starting April 1st, only two Service Center are responsible for all the I-140's, Nebraska & Texas. All I-140's are filed with Nebraska Service Center. Nebraska keeps some of the petitoins and transfers the others to Texas. The ones that NSC keeps has a receipt number starting with LIN whereas the ones that are transfered to TX has the receipt number starting with SRC. So even though the petition might be filed with NSC, chances are it might be approved sonner if it goes to TXSC. Nebraska is taking 4-5 months to approve a petition whereas TX approves it in 15-25 days.
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newtoh1
03-05 04:10 PM
Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
more...
GCPagla
03-04 10:09 AM
Hi,
I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.
Thanks in advance.
I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.
Thanks in advance.
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whattodo21
01-28 09:15 AM
If waiting for decades is not considered backlogged, don't know what it should be called!
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rameshraju11
06-08 11:00 AM
Yes , we received an RFE letter seems after RFE expiration date. but USCIS online case status still shows case was received and pending. it did not talk about RFE letter was sent
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va_dude
02-04 01:04 PM
I think in many ways its advisable to not leave the country until you actually have the approved AP in your hand.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
In this case i guess the folks got a bit lucky. The officers at the POE would have to really dig deep into your case details and compare all sorts of dates to probably determine that you left US before you got your AP.
I doubt there is anything that automatically cancels or abandons your application if you travel prior to receiving the AP approval notice.
just my 2 cents.
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shinobu
06-09 04:47 PM
Hi Ramesh,
Online case status is often incorrect, incomplete, or out-of-date. I would say it is correct about 70% of the time. That leaves a lot of room for error. Please don't think it will "save you" for being late on an RFE response.
You should not think everything is OK simply because online case status fails to mention the RFE being issued. (By the same token, you should not necessarily panic if online case status never acknowledges receipt of your RFE response, even though you have proof from FedEx that you sent it.)
As Elaine Martin said, the overwhelming odds are that your application will be denied due to the RFE deadline being missed by such a great deal. However, what is there to lose at this point by trying? Try to have the attorney explain as best s/he can the reason for the delay, and hopefully CIS will accept the late response. But be prepared for the likely denial.
Online case status is often incorrect, incomplete, or out-of-date. I would say it is correct about 70% of the time. That leaves a lot of room for error. Please don't think it will "save you" for being late on an RFE response.
You should not think everything is OK simply because online case status fails to mention the RFE being issued. (By the same token, you should not necessarily panic if online case status never acknowledges receipt of your RFE response, even though you have proof from FedEx that you sent it.)
As Elaine Martin said, the overwhelming odds are that your application will be denied due to the RFE deadline being missed by such a great deal. However, what is there to lose at this point by trying? Try to have the attorney explain as best s/he can the reason for the delay, and hopefully CIS will accept the late response. But be prepared for the likely denial.
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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.
more...
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noida123
07-29 07:06 PM
The Original Post said he was contracting for Federal Govt. It is possible to contract with most Depts on H-b, EAD , GC regardless of your immigration status.
It is not true, that it is not possible to work in Fed Govt on H1 or EAD. Hundreds of contractors work for the Federal govt in DC area who are on H1-Bs.
Regards
It is not true, that it is not possible to work in Fed Govt on H1 or EAD. Hundreds of contractors work for the Federal govt in DC area who are on H1-Bs.
Regards
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snathan
05-19 04:41 PM
Hi,
My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
Is he out of status?
Can he show that he is on vacation till he gets a project?
Is there any other way?
Pls help.
Thanks!
Yes. He is out of status and I dont believe you can show six months as vocation. You need give the reason and proof for the long period of vocation. His employer must pay him the salary even if he is not in porject. Otherwise its illegal
My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
Is he out of status?
Can he show that he is on vacation till he gets a project?
Is there any other way?
Pls help.
Thanks!
Yes. He is out of status and I dont believe you can show six months as vocation. You need give the reason and proof for the long period of vocation. His employer must pay him the salary even if he is not in porject. Otherwise its illegal
more...
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surabhi
06-18 10:01 AM
I asked the same question yesterday at POE Boston.
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
So when do you need to renew? Before June 17, 2009 ( your parole stamp validity) Or before the expiration of your original AP document?
Thanks a lot
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
So when do you need to renew? Before June 17, 2009 ( your parole stamp validity) Or before the expiration of your original AP document?
Thanks a lot
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humsuplou
07-02 05:22 PM
I entered via advanced parole, so what should I put as the Manner of Last Entry in the E-Filing?
And I am holding H1B, and also EAd at this moment, what is my Immigration Status?
Thanks.
And I am holding H1B, and also EAd at this moment, what is my Immigration Status?
Thanks.
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GCBy3000
07-18 09:33 PM
Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN
ameerka_dream
10-21 07:35 AM
Job visas only for highly skilled, salaried foreigners: govt (http://in.news.yahoo.com/20/20101020/1416/tnl-job-visas-only-for-highly-skilled-sa.html)
Wed, Oct 20 03:12 PM
New Delhi, Oct 20 (PTI) In an attempt to prevent foreigners from getting non-technical jobs, the government has made it clear that citizens of other countries will be taken only for highly-skilled assignments in India and should draw an annual salary of over USD 25,000. In an order, the Home Ministry nullified a Labour Ministry circular which allows one per cent foreigners among the total work force in any project with a minimum of five and maximum of 20 people. "An employment visa is granted to a foreigner if the applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/organisation/ industry/undertaking in India on contract or employment basis," according to the Home Ministry guidelines. Besides, the ministry made it clear that employment visa shall not be granted for jobs for which qualified Indian are available and also for routine, ordinary or secretarial/ clerical jobs. "The foreign national being sponsored for an employment visa in any sector should draw a salary in excess of USD 25,000 per annum," it says. However, this condition of annual floor limit on income will not apply to ethnic cooks, language teachers (other than English), staff working for the Embassy/High Commission concerned in India. The Labour Ministry had ordered that visa applications could be cleared by the Indian missions abroad at their level if the foreign national is skilled and qualified professional, technical experts, senior executives or in managerial positions and those kinds of skills which are not available in India.
Wed, Oct 20 03:12 PM
New Delhi, Oct 20 (PTI) In an attempt to prevent foreigners from getting non-technical jobs, the government has made it clear that citizens of other countries will be taken only for highly-skilled assignments in India and should draw an annual salary of over USD 25,000. In an order, the Home Ministry nullified a Labour Ministry circular which allows one per cent foreigners among the total work force in any project with a minimum of five and maximum of 20 people. "An employment visa is granted to a foreigner if the applicant is a highly skilled and/or qualified professional, who is being engaged or appointed by a company/organisation/ industry/undertaking in India on contract or employment basis," according to the Home Ministry guidelines. Besides, the ministry made it clear that employment visa shall not be granted for jobs for which qualified Indian are available and also for routine, ordinary or secretarial/ clerical jobs. "The foreign national being sponsored for an employment visa in any sector should draw a salary in excess of USD 25,000 per annum," it says. However, this condition of annual floor limit on income will not apply to ethnic cooks, language teachers (other than English), staff working for the Embassy/High Commission concerned in India. The Labour Ministry had ordered that visa applications could be cleared by the Indian missions abroad at their level if the foreign national is skilled and qualified professional, technical experts, senior executives or in managerial positions and those kinds of skills which are not available in India.
paystubissue
03-16 12:27 AM
Hi all,
Please help me with the following questions.
I am planning to apply for h1b transfer in the near future but with a paystub that is having salary lesser than the usual one. Is that advisable to do premium processing in this case?
I am looking for the premium processing option as I might have to travel outside USA before I could know about the result(approval or rejection) so I assumed that I can know the result through premium processing, travel without any problem and can get it stamped too.
Or is it fine to travel when I have applied for the transfer?I have my company A visa(which I got last year) stamped in my passport.
please let me know your thoughts
Regards
Please help me with the following questions.
I am planning to apply for h1b transfer in the near future but with a paystub that is having salary lesser than the usual one. Is that advisable to do premium processing in this case?
I am looking for the premium processing option as I might have to travel outside USA before I could know about the result(approval or rejection) so I assumed that I can know the result through premium processing, travel without any problem and can get it stamped too.
Or is it fine to travel when I have applied for the transfer?I have my company A visa(which I got last year) stamped in my passport.
please let me know your thoughts
Regards
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