GC_1000Watt
12-15 11:42 AM
Answers in Red Ink Below....
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.
Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company (http://immigrationvoice.org/forum/#) once my old employer has appealed the H1B denail notice?
Nope. Your old H1 has already expired. So it has to be altogether a new H1 B application even though the old one is in appeal.
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
I don't know the answer to this. According to my knowledge, once you apply for new H1 B & its approved, the old one is of no use even though the the appeal is in your favor. But its better check with the lawyer on this & if you get the answer to this one, pls. do let me know too.
Again, I am not a lawyer. All the above answers are based on personal experience. All The best ....
Thanks again. I will let you know but I believe since the old I-94 is already expired the extension will be given without I-94.
Also do you know if the same company (which has filed for my H1B extension and got denial) can file new H1B for me?
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renupond
10-15 11:38 AM
If 1099 is not accepted by client & need FEIN (for corp-to-corp) then one can get a FEIN as sole priprietor. is there any additional requirements for this viz. liability insurance.. or anything else.
please let me know if anyone did this to do independent contracting & not building a company (LLC,scorp..)
would like to know more about FEIN & based on that independent contracting on EAD. Pros & Cons along with procedure as well..
thanks
please let me know if anyone did this to do independent contracting & not building a company (LLC,scorp..)
would like to know more about FEIN & based on that independent contracting on EAD. Pros & Cons along with procedure as well..
thanks
nlssubbu
01-10 01:29 PM
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
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eilsoe
10-03 02:03 PM
hehe, I hear ya! :P
Have fun... :evil:
Have fun... :evil:
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TeddyKoochu
04-01 08:44 AM
Thanks all for your help and great inputs. IV has helped me a lot.
I wish you all the best ...
TKs, GG
Congratulations & Best Wishes. Enjoy the moment !
I wish you all the best ...
TKs, GG
Congratulations & Best Wishes. Enjoy the moment !
Ryall
09-05 02:23 AM
hye I dunno what all of your opinions are, but I think that pixel stretching and similar effects that are so popular now - can more easily take away from a picture then add to it.... just MHO - seems like people use it 'cuz it is "in"
Peace
Peace
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vikram_singh
07-27 01:02 PM
Wow, never thought you people would like it:-)
Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.
You can also leave feedback at http://immisearch.blogspot.com/
-Vikram
Now you have set the bar high, I will try to maintain the website with any feedback that you provide. So let the feedback rolling, specially if you see any issues or would want something new.
You can also leave feedback at http://immisearch.blogspot.com/
-Vikram
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pappu
03-05 09:01 PM
check the news of the testimony posted by me last month. As per DHS this money was to be also used for enforcement.
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ingegarcia
04-17 09:08 AM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
My guess would be to report it with Labor Department instead...
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
My guess would be to report it with Labor Department instead...
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md2003
04-05 08:36 AM
I talked to my company (i.e company A) about my decision to join company B. He provided the following explaination :
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
1. EB2 to EB2 porting is not possible: According to him EB3 to EB2 porting seems possible but he wasnt sure about EB2 to EB2. He needs to look into the matter. Can you please provide some more information on this...
Ans: you can port your priority date from A to B as long as i140 is not cancelled because of fraud. No problem whether it is EB2 to EB2 or Eb3 to EB2
2. Query on Ability to Pay: He said that when company files 140 for current employee who are on company payroll right now, he might get REF regarding ability to pay. At that time he has to cancel my 140 as well as number of approved 140 that are unaccounted for (i.e employee left or he didnt cancel), to prove company's ability to pay for current employees. So his argument was that it will be difficult for him to retain my 140 for next 1 year. But i believe GC is for future employment and he has to pay me the salary as per the LC. The company seems to be making good amount of profit. So i feel he is trying to hold me back by providing excuses. Or is this a valid reason ?
Ans: company 'A' may be correct. He need to cancel your i140 as soon as leave the company.It depends on employer. Some companies does some companies not.
But, i am not sure whether you can port your priority date or not if 'A' cancel your i140.
Few Attornies saying yes few saying no.
more...
lacrossegc
01-02 02:14 PM
By the looks of things as they are.....A very very long shot .... atleast 3-4 yrs to file I485.
Sit tight and best of luck
Sit tight and best of luck
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senthil1
04-01 07:25 PM
If extension is denied it is better to leave asap especially within 30 days. More the delay more problem while applying any visa in Consulate in future.
Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
Hi there, I'm new to the forum but really need legal advice.
I came to the US at the end of October and received a stay until the end of January. I'm staying here with my partner (of course I didn't say anything about that on the border). I tried to extend my visa but I was declined. I tried to call different lawyers and one of them just told me about the 180 days rule: since my extension is denied and I was told to leave the US within 30 days of the date of the decision (March 17th), I'm here illegally anyway and it won't really matter if I leave in 2 (like I'm supposed to) or 4 weeks as long as I won't hit the 180 days. Unfortunately she failed to mention what the 180 days apply to. Is it since the date of my arrival (in which case the 180 days have already passed) or is it since the expiration of my I94, the end of January? The problem is that neither me or my partner are ready to be separated again so soon and we want to do anything to buy us some time.
Also, I'm very sorry if somebody asked a similar question before...
I'd appreciate any advice. Thank you so much!
more...
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venram
01-09 02:42 PM
When is it scheduled to publish? My guess is EB2 would move towards end of 2001 and slight or no movement in EB3.
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sandeep77
03-20 05:53 PM
bump
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visafreedom
07-03 11:15 AM
Well, here are the thoughts.
American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)
If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.
Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.
Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.
American Govt only listens when it sees an economic impact. Get thousands of such workers to not work a day, I am sure it would mean a huge economic impact. This is sending a signal that we dont tolerate this "pseudo-slavery" and that today we dont work a day but tomorrow we will be forced to leave this country (I know already several people who have done that and it is becoming more and more common for people to abstain from coming to this land of opportunity as the system is now less favorable)
If hundreds of thousands dont go to work, congress, corporates, press - the whole gamut would become sensitive to the issue. This is one way you can get them to lobby for our demands.
Taking out rally is also a very good way of doing it however if you did this in one place, the turnout will not be as impressive. Doing it in multiple cities needs an organization.
Bottomline, whatever you do, show solidarity, resolve, unity. That has never happened within this affected group of workers.
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dealsnet
03-28 10:39 AM
Doesn't matter.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
what's your PD?? and which country you are from? Need more information to let me know whether you will get GC soon or not.
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Bpositive
03-26 10:06 AM
Great frequent flyer program...great service....and no transit visa bs....no brainer
heard very good things about qatar airlines too..haven't used it...
heard very good things about qatar airlines too..haven't used it...
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HOPE_GC_SOON
05-04 10:49 AM
Hi Immi2006:
thanks for the update and analysis. But My 140 is approved in less than 20 days.. I donot work for MNC. Work for an American owned Company. Not sure, how much time it would take to reach 10/05 priority date for eb2.
Let us hope for the best.. :rolleyes:
Thanks,:)
THose are labour filed.
It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.
One thing that emerges clear from the data pattern :
Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.
thanks for the update and analysis. But My 140 is approved in less than 20 days.. I donot work for MNC. Work for an American owned Company. Not sure, how much time it would take to reach 10/05 priority date for eb2.
Let us hope for the best.. :rolleyes:
Thanks,:)
THose are labour filed.
It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.
One thing that emerges clear from the data pattern :
Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.
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satyasaich
05-01 02:05 PM
Yes. Please see
the web site
Does - Emergency Appoinment include - people already
working in US ? are you sure ?
the web site
Does - Emergency Appoinment include - people already
working in US ? are you sure ?
beautifulMind
08-08 08:44 PM
Universities are non profit organizations hence not restricted by h1b quota..Try to find a job in a non profit organization till then stay in school ...you can also consider getting married :) which will open up more options for you
frostrated
09-09 03:33 PM
Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
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