morchu
06-29 12:19 PM
it is hard time for any H1 transfers. Your best bet is to try hard for a month or two, and plan to leave or stay accordingly.
Again there is no guarantee for the extension of status approval. So eventually there is chance that you might even find yourself loosing the project, when waiting for visa appointment in India. (the client may not want to wait for you for months).
So have all the facts straight, and be aware of possible outcomes. Then it is up to you to decide.
Again there is no guarantee for the extension of status approval. So eventually there is chance that you might even find yourself loosing the project, when waiting for visa appointment in India. (the client may not want to wait for you for months).
So have all the facts straight, and be aware of possible outcomes. Then it is up to you to decide.
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indrajal
11-02 12:11 PM
Call your employer and ask him for all these documents. These are agreements between your employer and client. He should have these.
thanks for the reply sir.
i am kinda confused since i dont work for a consultant , also my company dont have a fixed client.
I work for on an in-house project which sells services online to different people. We dont go out and sell it, we dont do custom softwares, we help people in doing their paperwork and charge a little fees.
in this case who is our vendor and client. i am assuming that the employer and petitioner is my boss but i dont know who would the other two be
thanks for the reply sir.
i am kinda confused since i dont work for a consultant , also my company dont have a fixed client.
I work for on an in-house project which sells services online to different people. We dont go out and sell it, we dont do custom softwares, we help people in doing their paperwork and charge a little fees.
in this case who is our vendor and client. i am assuming that the employer and petitioner is my boss but i dont know who would the other two be
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a_yaja
06-26 03:10 PM
Could you please point out the section where it says dual intent for H1 will be removed ?
You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended�
16
17 (1) by striking the parenthetical phrase �(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking �under section 101(a)(15)" and inserting in its
24 place �under the immigration laws.".
You will have to prove that you will come back to your home country after the end of the H1B. Look at page 237 of the new bill. It has the following:
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.� Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended�
16
17 (1) by striking the parenthetical phrase �(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking �under section 101(a)(15)" and inserting in its
24 place �under the immigration laws.".
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njdude26
04-08 05:08 PM
Then what do you do if you dont have a candian permit ??
Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as
1. your stay in canada is not more than 30 days
2. you did not appear for the visa interview (@US consulate) in canada.
3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.
This is called as "Automatica visa Revalidation" rule.
In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).
--HumHongeKamiyab
Valid I 94 is good enough at port of entry (even if your visa in your pp is expired)... as long as
1. your stay in canada is not more than 30 days
2. you did not appear for the visa interview (@US consulate) in canada.
3. You are not from a terrorist sponsored contries such as Iran, N. Korea etc.
This is called as "Automatica visa Revalidation" rule.
In other words if your visa is rejected @ the consulate and if your visa in passport is expired, you CANNOT come back to USA (using 30 day "automatica visa revalidation" rule).
--HumHongeKamiyab
more...
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browncow
04-25 04:32 PM
Where did you get that?
http://www.usimmigrationsupport.org/marriage.html
http://www.usimmigrationsupport.org/marriage.html
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kaarmaa
05-04 11:48 AM
What happens, once he moves to the new employer and his present employer withdraws I-140? For any subsequent H1 transfers/extensions will he will need to have an approved I-140, which is not withdrawn ?
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
Could there be issues, if new employer does a lay off what happens when perm/i-140 is pending or not filled yet
Correct. Withdrawn I-140 cannot be used to transfer or extend a H1 that has expired (after 6 years).
The following statement may be incorrect. Please consult an attorney
You can again transfer to a new employer for the reminder of the H1 validity without I-140 or PERM. After it expires, to extend or transfer again, you would need an approved PERM or I-140.
more...
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kum31
10-04 12:10 PM
Thanks for your response ...
contract is between prime vendor and middle vendor and my employer ... middle vendor made a contract with prime saying that i am on his W2 which is not right. prime vendor has a clause in their agreement that he can work with my employer directly if i am not a w2 of middle vendor.
so now middle vendor is saying that he will sue me along with my emplyer , prime vendor bcoz we surpassed him and created a new contract between my employer and prime vendor. I know it sounds ridiculous that middle vendor is trying to sue me but i want to make sure if there is any way he can stop me ? or sue me ?
Hope it is clear for you ....
contract is between prime vendor and middle vendor and my employer ... middle vendor made a contract with prime saying that i am on his W2 which is not right. prime vendor has a clause in their agreement that he can work with my employer directly if i am not a w2 of middle vendor.
so now middle vendor is saying that he will sue me along with my emplyer , prime vendor bcoz we surpassed him and created a new contract between my employer and prime vendor. I know it sounds ridiculous that middle vendor is trying to sue me but i want to make sure if there is any way he can stop me ? or sue me ?
Hope it is clear for you ....
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deba
05-29 10:41 AM
Be careful about claiming residency thru employment for a Canadian company while outside the country. It is not automatically considered. I had the first hand experience myself while applying for Canadian citizenship. I was a few days short, however was able to prove my case because I was employed by a Canadian company which was doing business in the US and I was a frequent business visitor. I was approved because of all other things considered, time spent in Canada, family ties, owner of residential property in Canada etc. etc. But overall it wasn't a pleasant experience proving my case to CIC. I had to organize tons of paperwork and proof to prove my case. So just don't assume you will meet the requirements of residency with only a remote employment connection with a Canadian entity.
more...
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prince_waiting
10-26 01:53 PM
I did get the cashed checks printouts and also changed the address in USCIS couple days back. The questions are:
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
USPS does not forward USCIS mail as the USCIS requests it's correspondence not to be forwarded.
If you have changed the address using the RNs (by calling USCIS and not by filing AR11) and if the RNs have not been delivered to you yet, I guess they might have gone back to the USCIS and will be redelivered to the new address.
- Assuming that USCIS has already sent the reciepts/EAD to my previous address and I have a redirection at USPost office to my new address.
Will they be redirected to my new address? Or is there is a policy on USCIS reciept mails that the mails from USCIS can't be redirected to a new address but need to be returned back unless the new address is updated in USCIS?
I dont think this should be the case. But just thought to make sure my thoughts are correct. My dilemma is that it's over 15days my checks cashed and I haven't recieved the reciepts yet.
USPS does not forward USCIS mail as the USCIS requests it's correspondence not to be forwarded.
If you have changed the address using the RNs (by calling USCIS and not by filing AR11) and if the RNs have not been delivered to you yet, I guess they might have gone back to the USCIS and will be redelivered to the new address.
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meridiani.planum
04-24 05:21 PM
let us hope they keep moving the dates forward and do not waste any visas this year.
With Mr having moved on from the Ombudsman's position, is there anyone else who might be able to help get this info from USCIS? Any IV contacts?
Last year also it was the Ombudsman's report of nearly 60k visa's being wasted
that seemed to trigger the dates becoming current, and flood of approvals for
a lot of people...
With Mr having moved on from the Ombudsman's position, is there anyone else who might be able to help get this info from USCIS? Any IV contacts?
Last year also it was the Ombudsman's report of nearly 60k visa's being wasted
that seemed to trigger the dates becoming current, and flood of approvals for
a lot of people...
more...
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mgakhar
02-11 05:34 PM
Hi,
I had filed for my wife's and my I-485 in July and have since received our EAD's and AP's (I believe in Sept). However, we've still not received our Fingerprinting notice. I had opened a Service Request with USCIS and they responded that its possible that they are probably busy and I should be getting a notice soon. But I just want to check if there are anybody else out there who filed in July and are still waiting for their FP notices.
Please note that I live in Dallas,TX and my case is with TSC.
Thanks,
I had filed for my wife's and my I-485 in July and have since received our EAD's and AP's (I believe in Sept). However, we've still not received our Fingerprinting notice. I had opened a Service Request with USCIS and they responded that its possible that they are probably busy and I should be getting a notice soon. But I just want to check if there are anybody else out there who filed in July and are still waiting for their FP notices.
Please note that I live in Dallas,TX and my case is with TSC.
Thanks,
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AllVNeedGcPc
08-06 11:19 PM
- Received 2 Yr EAD expiring July 2010
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3 I, July 03 PD
- Current EAD expires in Sept 2008
- 140 Still Pending
- EB3 I, July 03 PD
more...
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chee
11-01 11:13 AM
There was a change in the LUD for my AP...Stus say its been mailed out for me and my spouse
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som_yad
08-14 09:00 PM
Thank you ksrk for your reply on validity of I-94.
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
I know I become paroled if i enter using AP.
As my H1 extension is pending.. What happens to my H1B status when I return in following scenareos?
1) If H1 approval comes after I arrive
2) If H1 is approved when I am in India.
Thanks
more...
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WillIWin?
02-18 10:16 AM
Hello everyone,
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
Your reasoning is nearly correct. But you are missing Two points:
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.
The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).
I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?
Your reasoning is nearly correct. But you are missing Two points:
1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.
Am I making much sense ?
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jliechty
May 11th, 2006, 07:44 PM
Hi -
I just bought a nikon d50 kit and the dealer sold me sigma lens' with the kit. I have since upgraded the camera body to a d70S. Now I am having problems with the lens', autofocus doesnt work all the time. Sometimes it works...then other times it wont focus at all.
Does anyone know if the sigma 18-50mm and the 70-300mm af/mf lens' are compatable with the d70s?
Sometimes Sigma lenses can have issues with different cameras because Nikon makes subtle changes to the way the camera talks to the lenses - changes that work fine with Nikon lenses but on occasion cause havok with third party lenses. If you contact Sigma, they should be able to tell you if an incompatibility between the lens and camera is indeed what is happening, and if so, they should be able to upgrade the processor in the lens (I'm not sure, but they may even do this at no cost).
The dealer told me the sigma lens were better then the nikor lens' because they have a metal mount whereas the mikor was a plastic mount. is this true and is this somethign i really should have worried about?
If you compare the Nikon 18-50mm with the Sigma 18-50mm (your Sigma is the f/2.8 model, right?), then I'm guessing that the Sigma will be better. Compared with the more expensive Nikon 18-70mm zoom that is sold as a kit with the D70s, they're probably about the same (bear in mind that I don't really know, since I've only used the Nikon 18-70 personally). I don't abuse my lenses, so what the lens mount is made of matters relatively little. In many cases a metal lens mount may be a sign of better quality in other areas including image quality, so the dealer wasn't entirely full of it, but I would be wary if someone tried to sell me something other than what I wanted for that reason alone.
I just bought a nikon d50 kit and the dealer sold me sigma lens' with the kit. I have since upgraded the camera body to a d70S. Now I am having problems with the lens', autofocus doesnt work all the time. Sometimes it works...then other times it wont focus at all.
Does anyone know if the sigma 18-50mm and the 70-300mm af/mf lens' are compatable with the d70s?
Sometimes Sigma lenses can have issues with different cameras because Nikon makes subtle changes to the way the camera talks to the lenses - changes that work fine with Nikon lenses but on occasion cause havok with third party lenses. If you contact Sigma, they should be able to tell you if an incompatibility between the lens and camera is indeed what is happening, and if so, they should be able to upgrade the processor in the lens (I'm not sure, but they may even do this at no cost).
The dealer told me the sigma lens were better then the nikor lens' because they have a metal mount whereas the mikor was a plastic mount. is this true and is this somethign i really should have worried about?
If you compare the Nikon 18-50mm with the Sigma 18-50mm (your Sigma is the f/2.8 model, right?), then I'm guessing that the Sigma will be better. Compared with the more expensive Nikon 18-70mm zoom that is sold as a kit with the D70s, they're probably about the same (bear in mind that I don't really know, since I've only used the Nikon 18-70 personally). I don't abuse my lenses, so what the lens mount is made of matters relatively little. In many cases a metal lens mount may be a sign of better quality in other areas including image quality, so the dealer wasn't entirely full of it, but I would be wary if someone tried to sell me something other than what I wanted for that reason alone.
more...
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GCSOON-Ihope
12-14 02:48 PM
Hi,
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
If you are e-filing, by definition you won't need to mail anything (or almost, see below)!
I applied on-line for both EAD and AP, and it's really very simple.
You certainly don't need to pay those ridiculous fees to an attorney for that!
After e-filing, I received two weeks later in the mail a request to send ID pictures. That's the only thing I had to mail.
I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?
1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.
2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?
______________________________
If you are e-filing, by definition you won't need to mail anything (or almost, see below)!
I applied on-line for both EAD and AP, and it's really very simple.
You certainly don't need to pay those ridiculous fees to an attorney for that!
After e-filing, I received two weeks later in the mail a request to send ID pictures. That's the only thing I had to mail.
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dealsnet
01-13 01:48 PM
What you did is illegal. It can affect your H1B and GC.
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learning01
03-23 02:06 PM
As the discussion of immigration bills is heating up, we have a need for a format of email (preferably culled from immigration voice home page). We need to continue the media contact blitz because many of these media folks don't know the issues pertaining the legal immigrants; in particular GC and I-485 issues.
I have already emailed this idea to 'contact us' email of immigration voice.
I have attached a sample media format, that we can work today and finalize.
It starts:
..............
In my opinion, the immigration discussion that is currently going on and scheduled to come up for discussion at the Senate on Mar 27th, 2006, should alleviate the problems faced by legal immigrants who are in the country for a number of years., persons like me. They are facing many problems in their pursit of permanent residency. This discussion should specifically address the process of naturalization and obtaining a Green Card. This and its related issues are listed below:
(read the attachment for full write up)
...........................
Any ideas.
I have already emailed this idea to 'contact us' email of immigration voice.
I have attached a sample media format, that we can work today and finalize.
It starts:
..............
In my opinion, the immigration discussion that is currently going on and scheduled to come up for discussion at the Senate on Mar 27th, 2006, should alleviate the problems faced by legal immigrants who are in the country for a number of years., persons like me. They are facing many problems in their pursit of permanent residency. This discussion should specifically address the process of naturalization and obtaining a Green Card. This and its related issues are listed below:
(read the attachment for full write up)
...........................
Any ideas.
Aah_GC
08-17 06:34 PM
Titles do matter as they are the first ones to catch the eye. To me it appears you are moving from a PM position to a tech specialist position (at least on paper) and you might have some problems there. If possible, try to request for a title with "manager" in it. If that is impossible, try to go by matching SOC code. Does your prospective employer have a legal immigration team to help out?
GCNirvana007
04-04 05:44 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
Active EAD should keep your status ok
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
Active EAD should keep your status ok
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options? AP can be used to travel and return
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