Dhundhun
04-05 02:32 AM
As such, there is no grace period and it starts counting towards unauthorized stay (US is somewhat liberal for unauthorized stay for up to 180 days). It should be fine getting H1B transferred ASAP.
After 180 day, reentry can be banned for three years. After 1 years reentry can be banned for 10 years.
After 180 day, reentry can be banned for three years. After 1 years reentry can be banned for 10 years.
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ajaykk
02-20 11:46 PM
Hi Gurus,
I and my wife work for same desi employer A, I am on H1 and wife on EAD, Now I have 2 offers, one with a different client on corp to corp (short term project) , another with a company B on W2 as contract (long term contract to hire and good pay).
I am more interested in accepting B's offer, but not sure on challenges with W2 as contract..is it a risk? What all do I need to be safe?
I am pretty confident that my employer A might not revoke my approved 140 as my wife is working there too.
I am totally confused and feel like on a X road with a close PD that might be current in few months.
Guru's , please advice.
AJ
I and my wife work for same desi employer A, I am on H1 and wife on EAD, Now I have 2 offers, one with a different client on corp to corp (short term project) , another with a company B on W2 as contract (long term contract to hire and good pay).
I am more interested in accepting B's offer, but not sure on challenges with W2 as contract..is it a risk? What all do I need to be safe?
I am pretty confident that my employer A might not revoke my approved 140 as my wife is working there too.
I am totally confused and feel like on a X road with a close PD that might be current in few months.
Guru's , please advice.
AJ
kaisersose
07-17 11:08 PM
This is where the lawyer comes in. Or someone who has been through this can describe his experience.
As long as your resume and experience letters match you with the Labor, you are good. eb3 is less riskier than eb2.
For peace of mind, you can get a second opinion from another attorney by having him match your profile with the substituted Labor.
As long as your resume and experience letters match you with the Labor, you are good. eb3 is less riskier than eb2.
For peace of mind, you can get a second opinion from another attorney by having him match your profile with the substituted Labor.
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hope_2007
03-28 02:12 PM
Hi all,
The Coalition for Comprehensive Immigration Reform (CCIR) has announced today (3/28) and Thursday (3/29) will be National Call-In Days in support of the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007.
Here�s the official announcement:
Greetings,
Wednesday, March 28 & Thursday, March 29 are NATIONAL CALL-IN DAYS in support of comprehensive immigration reform.
Congressmen Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) have just introduced bipartisan comprehensive immigration reform legislation. The immigration debate is moving forward and Congress needs to hear from you!
Call this number and follow the instructions to connect to your members of Congress:
1-800-417-7666
Tell your representative that we NEED COMPREHENSIVE IMMIGRATION REFORM NOW! Comprehensive immigration reform is the solution to fixing our broken immigration system, and now is the time to act. Families, workers, and communities across the country are counting on Congress to get it done, get it right, and do it now.
You can help make it happen with your phone call. JOIN THE EFFORT!
Source: http://www.knightopia.com/journal/?p=674
I hope all of you who encourage the STRIVE ACT 2007 would join the effort try to make this happen.
Thanks And Hope for the Best!
The Coalition for Comprehensive Immigration Reform (CCIR) has announced today (3/28) and Thursday (3/29) will be National Call-In Days in support of the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007.
Here�s the official announcement:
Greetings,
Wednesday, March 28 & Thursday, March 29 are NATIONAL CALL-IN DAYS in support of comprehensive immigration reform.
Congressmen Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) have just introduced bipartisan comprehensive immigration reform legislation. The immigration debate is moving forward and Congress needs to hear from you!
Call this number and follow the instructions to connect to your members of Congress:
1-800-417-7666
Tell your representative that we NEED COMPREHENSIVE IMMIGRATION REFORM NOW! Comprehensive immigration reform is the solution to fixing our broken immigration system, and now is the time to act. Families, workers, and communities across the country are counting on Congress to get it done, get it right, and do it now.
You can help make it happen with your phone call. JOIN THE EFFORT!
Source: http://www.knightopia.com/journal/?p=674
I hope all of you who encourage the STRIVE ACT 2007 would join the effort try to make this happen.
Thanks And Hope for the Best!
more...
ice_mountain
07-17 08:16 PM
1. The title noted on the labor form was "Associate". On the job description letter, is it ok if the title is noted as "Financial Associate Analyst". Plus my labor was approved as IS Manager. Would the "financial" title cause a problem?
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
jungalee43
11-17 10:31 PM
Great Job. I left NC just a year ago. Wish I was there with you to be a part of this. But anyway I am active in my new state IV chapter.
more...
amitkhare77
03-03 08:53 PM
wow - you look really scared. I dont see anything wrong sending them an email. as long as you write correct passport number, VFS receipt number, you should be good. you not doing any crime by asking. they wont care if it is written in english or local language just because your mom can't speak english.
again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.
The above is my personal opinion, make your own judgement.
again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.
The above is my personal opinion, make your own judgement.
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millersoul
12-15 01:31 PM
Hi all,
I graduated this June and started working in a company on my OPT status (valid July 2009 to July 2010) since July until now. In October, my company filed H-1B petition, and on Nov 24, we got approval notice I-797B (without I-94) instead of I-797A, as well as a DENIAL of concurrent change of status.
Shortly after we filed the petition, I took a short trip to my home country and then come back(with OPT status) on Nov 1.
In the notice, it states "...the beneficiary departed the US on Oct. 15 2009, thereby abandoning the requested change of status. As such, the beneficiary has failed to maintain his F-1 status. Accordingly, the concurrent request for change of nonimmigrant status is denied."
I am really confused here because I re-entered the US with my F-1 OPT status on Nov. 1 without any issue.
What should I do now in order to get my H-1B visa? Am I still maintaining F-1 status (legally staying in the US) even if it stated that I have failed to??
Great Thanks in advance!!
MT
I graduated this June and started working in a company on my OPT status (valid July 2009 to July 2010) since July until now. In October, my company filed H-1B petition, and on Nov 24, we got approval notice I-797B (without I-94) instead of I-797A, as well as a DENIAL of concurrent change of status.
Shortly after we filed the petition, I took a short trip to my home country and then come back(with OPT status) on Nov 1.
In the notice, it states "...the beneficiary departed the US on Oct. 15 2009, thereby abandoning the requested change of status. As such, the beneficiary has failed to maintain his F-1 status. Accordingly, the concurrent request for change of nonimmigrant status is denied."
I am really confused here because I re-entered the US with my F-1 OPT status on Nov. 1 without any issue.
What should I do now in order to get my H-1B visa? Am I still maintaining F-1 status (legally staying in the US) even if it stated that I have failed to??
Great Thanks in advance!!
MT
more...
Canuck
05-04 09:05 PM
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
Thanks.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
Thanks.
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bkshres
10-07 01:00 PM
Recently I joined new company using AC21. When I joined this new company, my new company told me that they will not handle any immigration matter but will provide with necessary documents if needed. So, I asked my previous attorney to continue my case and he prepared letter for AC21 and sent to USCIS. Now, after couple of weeks, now the lawyer from my new company sent me G-28 form to fill, which is technically to switch the attorney and telling me that this new attorney will be sending AC21 documents again. But my new company is not doing G-28 for my wife. So, now I am in delemma whether to file G-28 and switch the attoney and send AC21 documents again.
Is it advisable to stay with old attorney as he had all the original documents and whatever being sent to USCIS OR switch to new attorney appointed by new company. This new attorney also saying that most of the time G-28 form will never make to USCIS I485 case and will get lost in mailroom. In that case all the correspondence will still goto old attorney. So, I wasn't sure what is safest and best way to handle this.
From my prospective, I should be good since my old attorney already sent AC21 documents to USCIS including my apointment letter from new employer with copies of all necessary document. so, Do I need to switch attorney at this stage of Green card (I485). What could be the possible queries in future regarding AC21. My old company is very reputed and they will not revoke my I-140. Similarly my new company is also very reputed. Both are in similar business and my job is similar and both are fortune 100 companies.
My case is EB3 ROW with priority date of March 2006. Now I am working on EAD.
Thanks in advance.
BK
Is it advisable to stay with old attorney as he had all the original documents and whatever being sent to USCIS OR switch to new attorney appointed by new company. This new attorney also saying that most of the time G-28 form will never make to USCIS I485 case and will get lost in mailroom. In that case all the correspondence will still goto old attorney. So, I wasn't sure what is safest and best way to handle this.
From my prospective, I should be good since my old attorney already sent AC21 documents to USCIS including my apointment letter from new employer with copies of all necessary document. so, Do I need to switch attorney at this stage of Green card (I485). What could be the possible queries in future regarding AC21. My old company is very reputed and they will not revoke my I-140. Similarly my new company is also very reputed. Both are in similar business and my job is similar and both are fortune 100 companies.
My case is EB3 ROW with priority date of March 2006. Now I am working on EAD.
Thanks in advance.
BK
more...
buehler
07-18 09:19 AM
The company will have to sponsor the H1 in full. Not enough to just give you an employment verification letter.
Also as per the rules, you cannot pay for the H1. Only the company can pay for it.
Also as per the rules, you cannot pay for the H1. Only the company can pay for it.
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satishbsk
07-20 12:31 AM
Congresswoman Lofgren Started, IV core tcontinued guiding IV members with Flower campaign / SJ rally.
IV core gave all updates.
AILA/Mathew/Murthy came to IV as members/guests to publish July 2nd withdraw news on thier websites:D
_______________
Contributed $280 so far
$20 recurring
IV core gave all updates.
AILA/Mathew/Murthy came to IV as members/guests to publish July 2nd withdraw news on thier websites:D
_______________
Contributed $280 so far
$20 recurring
more...
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same_old_guy
03-19 05:39 PM
If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.
Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.
If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.
If you are here more that 180 days, you are in serious trouble.
In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.
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gsc999
06-20 12:10 PM
I am also in the same boat as you and my attorney has sent my Labor ETA 750 to DOL for changing the box 15. It is good to change it now at Labor stage as there is quite lot rejection at I140 stage if your degree is 3 years..so it is better to have it ammended at Labor stage.
I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.
- GCDreamzz
My two cents.
--------
My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.
I would say all those who are waiting on Labor with 3 Years degree should make sure that your Labor states that it a "combination" else you will be trouble.
- GCDreamzz
My two cents.
--------
My labor was certified with three year's bachelor's degree. Can you please elaborate what is this box # 15, I do have a copy of my labor application. I want to point this out to my attorney. Thanks.
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dngoyal
08-17 02:45 PM
I applied for 485/EAD/AP in the month of June'2007.
I got the receipt and my finger printing is done.
Now my EAD/AP?485 are in pending approval stage.
At this time, I need to travel out of country for urgent reasons,
how it will work.
I have H1B stamped on my passport which is valid till March'2010.
Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
Please help.
I got the receipt and my finger printing is done.
Now my EAD/AP?485 are in pending approval stage.
At this time, I need to travel out of country for urgent reasons,
how it will work.
I have H1B stamped on my passport which is valid till March'2010.
Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
Please help.
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eyezberg
08-21 07:12 AM
where's the examples then? i'd love to see some good stuff
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joe
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nogcyet
07-17 09:14 PM
They are increasing the fees only for the other apllications. I-485 and the related ones will maintain the same fees until August 17th. I think it says so on the announcement from USCIs.
All other forms except i-485 the fee increase will be effective from july 30th and i-485 will get increased post August 17th:)
All other forms except i-485 the fee increase will be effective from july 30th and i-485 will get increased post August 17th:)
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LOL123
07-29 03:35 PM
When can we send this fax to expedite the service? Is there any days restriction? like only 60 days after you have applied for EAD? Is there any fee involved?
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gclabor07
08-25 07:34 PM
Friends,
I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.
My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.
Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.
Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?
Thanks.
I am in a difficult situation. I am in my 6th year. H1B expires Feb 2008.
My company filed labor last year November 2006 and it was denied due to some specific language missing from our application like "All suitable combination of education, training or experience" acceptable. So we ended up refiling our PERM application in July 2007 in Atlanta DOL. It has been pending since then.
Now, because my H1B expires in another 5 months, it is absolutely necessary for me to get PERM approved, then apply I-140 using premium processing and then apply for H1B extension. Based on Atlanta DOL's speed, I'm hoping my labor may get approved in October or November. Last year, when I changed my company, I didn't anticipate that my labor will get denied and on top of that USCIS will suspend I-140.
Does anyone have any insight on when premium processing for I-140 may start again? What strategies do you offer to extend H1B?
Thanks.
krishnam70
05-04 06:39 PM
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
Plz reply me soon
Thanks
Employer is legally bound to pay for you fare. Get a quote from any airline agent and present the same to your employer for the fare. They are bound to cut you check for the amount or whatever is the cheapest fare (if they can find one for you). If this does not happen then report the employer to USCIS/DOL immediately so that you get a time bound response if you have plans to leave the country.
-cheers
kris
ya3
04-22 07:44 PM
It looks really good :) Have you considered adding a monetary value for the stamp? If not, I'll add it up like this.
Nah... just add it as it is:)
Nah... just add it as it is:)
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