sidbee
06-10 10:43 AM
Pl. help with your precious advice. I got laid off five months back. I kept hunting new job but could not get one. Now I plan to move out of the country. In the circumstances, is my employer who was holding my H1b during termination, liable to give return tickets to my base country ? Can I claim the same after five monthsof my termination since I failed to get any job? What about my family members?
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
Can anyone send any link emphasising this Rule so that I can quote that to my employer?
Any advice in this respect is highly appreciated. Thanks.
Man you are illegal in the country, And you want to pressurize your employer to follow the law.
If i was a employer , and had laid of a employee , I may not have reported the lay off, but if he tried to teach me the law , i would have surely reported it to the USCIS , as a illegal.
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bb8185
06-05 10:54 AM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
apb
09-14 03:10 PM
Are there anybody who saw LUD before they got the CPO mail? I saw many posts here where they mentioned that they never saw any status change/Soft LUD, prior to their CPO mail.
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thomachan72
01-21 09:57 AM
Is this predominantly affecting those on consulting jobs?
more...
kshitijnt
07-29 03:09 PM
I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.
Any advice highly appreciated. thanks!
While I am not a lawyer, I would have a few questions:
1) Is your I140 approved?
2) How many years do you have on H1?
If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.
2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.
The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.
3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.
Depends on what is more important for you? GC or better opportunity? Only you can decide.
Any advice highly appreciated. thanks!
While I am not a lawyer, I would have a few questions:
1) Is your I140 approved?
2) How many years do you have on H1?
If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.
2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.
The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.
3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.
Depends on what is more important for you? GC or better opportunity? Only you can decide.
DarkChild
03-07 02:29 AM
I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...
not that it matters but you weren't the first one, first was paddy, then me, then you and then fern
but i voted mlke, liked the colorwork, only thing i didn't like that much was the incoherency (the split up of the menu: titles above header, content below)
not that it matters but you weren't the first one, first was paddy, then me, then you and then fern
but i voted mlke, liked the colorwork, only thing i didn't like that much was the incoherency (the split up of the menu: titles above header, content below)
more...
softcrowd
04-23 09:35 AM
Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).
All the best!!
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transpass
09-28 12:48 PM
This is the new thread to mention your rejection reasons.
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
Did u hear anything my friend? I am getting tensed now and crossing fingers......
Please mention following:
Rejection date: 09/21/07
Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
Package received date: Waiting
Did u hear anything my friend? I am getting tensed now and crossing fingers......
more...
enggr
06-25 10:02 AM
The attorney sent my I-94 and we got approval until Nov 2010. (this happened in sep/oct 2008)
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akunamatata
04-02 10:04 PM
Usually the RFE states that if the requested information is not received by XX/XX/XXX date, USCICS will make a determination based on the information they have.
more...
diptam
08-10 12:50 PM
You will never hear in future too but you may see that in any Public Forum Posts and you very well know what the poster meant !!
Thanks !
Europe: never heard of this "country" :D
Thanks !
Europe: never heard of this "country" :D
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pappu
05-11 01:28 PM
some german lady speaking about getting citizenship.
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invincibleasian
02-06 05:09 PM
I dont have EAD so I cannot comment!
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GCNirvana007
10-04 10:25 AM
Just landed from India to the states with permanent residency and i got asked all the stupid questions you can imagine, atleast the immigration officer gave me some good amusement after a long trip
One of the most intelligent questions is this
How do you get money to buy a plance ticket if you were in india for few months
One of the most intelligent questions is this
How do you get money to buy a plance ticket if you were in india for few months
more...
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logiclife
01-31 10:51 AM
Go to websites such as ZAZONA.com and numbersusa.com and check out their arguments that they use to oppose H1b and EB-greencards. You are saying the same thing and feeding into those arguments by using the word "Slavery".
And by the way, regarding public opinion, remember that immigration(legal or illegal) is issue number 5 or 6 after economy, healthcare, Iraq, security, deficits etc. etc.
Public opinion is not going to care about 350,000 H1bs in line for GC. But still, getting overall media attention is good for our cause and I urge you to write letters to the editors of NYT, LA times, Time mag, Newsweek. etc etc. like you suggested. But there is not POINT IN BEING RHETORICAL or SARCASTIC.
--logiclife.
And by the way, regarding public opinion, remember that immigration(legal or illegal) is issue number 5 or 6 after economy, healthcare, Iraq, security, deficits etc. etc.
Public opinion is not going to care about 350,000 H1bs in line for GC. But still, getting overall media attention is good for our cause and I urge you to write letters to the editors of NYT, LA times, Time mag, Newsweek. etc etc. like you suggested. But there is not POINT IN BEING RHETORICAL or SARCASTIC.
--logiclife.
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arnet
10-26 11:48 AM
post this question to the attroney sonal mehta vema who gives legal advise in IV forum, check the following threads to know how to post a question:
http://immigrationvoice.org/forum/showthread.php?t=1267
it is better to check with attroney, if you need attroney, i can suggest few like rajivkhanna at immigration.com or sheila murthy at murthys.com or sonal mehta at nankin.com/mehtaverma.html.
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated
http://immigrationvoice.org/forum/showthread.php?t=1267
it is better to check with attroney, if you need attroney, i can suggest few like rajivkhanna at immigration.com or sheila murthy at murthys.com or sonal mehta at nankin.com/mehtaverma.html.
I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated
more...
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LostInGCProcess
11-10 11:40 PM
Thanks again for the reply and wishes!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
Also sorry for another question as I forgot to mention this earlier.
My new H1B has more than 6 months of validity period.
One thing which I forgot to mention earlier is that when new Employer "B" did the H1B transfer (June 2007) from Employer "A" - the I-797 receipt # of Employer "B" came out of to be different from I-797 receipt # of Employer "A"?
Shouldn't the I-797 receipt #'s for Employer "A" and Employer "B" should be SAME as it's just an H1B transfer???
Employer "A" I-797 receipt #:
EAC - XXX-XXXX
I-797 valid : 0ct' 2009
Employer "B" I-797 receipt #:
WAC - XXX-XXXX
I-797 valid: June' 2010
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
Appreciate your help!
Of course the receipt number would be different, because each H1 application is treated as a new application, regardless of whether its a transfer or new. So, they are identified uniquely.
As I-797 receipt # gets printed on the H1B visa in the Passport, does having a different I-797 receipt # (of Employer "B") affects anything at port of entry?
No, at port of entry, you show the new H1 and you get the new I-94 with an expiry date that's on the H1...which would be June 2010. Remember, The I-94 (Arrival-Departure Record) shows the date you arrived in the United States and the “Admitted Until” date—that is the day your authorized period of stay expires, usually its the expiry date what's on your H1.
So, even though your visa may expire after some time, you are legal to stay till the date mentioned on the I-94. I hope its clear to you.
Good Luck!!!
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prasadn
01-07 07:20 PM
Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.
"Status" and "visa" are two different things. A "visa" is only required for entry to the US.
I am not sure if the earlier denial of visa stamping will have an affect on a COS application.
I don't care about any in-state tution or financial assistance .
My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .
Here is the timeline
Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .
Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?
Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.
"Status" and "visa" are two different things. A "visa" is only required for entry to the US.
I am not sure if the earlier denial of visa stamping will have an affect on a COS application.
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go_guy123
05-14 06:13 PM
It is time to pass the DREAM Act.
DREAM Act is held hostage up by the CIR advocates just like skilled immigration.
But the repeated failures will weaken the CIR coalition as some Latino organizations
like MALDEF have grudgingly started thinking about piecemeal options.
Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.
In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.
DREAM Act is held hostage up by the CIR advocates just like skilled immigration.
But the repeated failures will weaken the CIR coalition as some Latino organizations
like MALDEF have grudgingly started thinking about piecemeal options.
Dream act gives GC to illegals brought here as children by illegal parents. But then why shouldn't non-USC children of H1B get
GC before non-USC children of illegals. It is extremely hard to justify illegals are ahead of line of legals. But legals themselves
are so massively backlogged that asking illegals to go to the end of the line behind legals means nothing (practically) for illegals
amnesty advocates. H1Bs/EBs will put up with the country quota pain but La Raza et al will never buy that.
In fact, it is hard core anti-amnesty camp that is using the "piecemeal" strategy and winning again and again by ratcheting up the pressure through piecemeal bills like REAL ID act, Arizona law and its copy cat in different states.
newbie2020
06-25 02:29 PM
If you didn't receive any paycheck in 2007 you won't receive a W2 from your employer,
The amount will reflect in the 2008 W2.
You are fine with that one......Also i am not sure when they reported you as new hire, was it in 2007 or was it in 2008 ...?
The amount will reflect in the 2008 W2.
You are fine with that one......Also i am not sure when they reported you as new hire, was it in 2007 or was it in 2008 ...?
lostinbeta
10-21 01:47 AM
See, rev you like my idea :P
Bow to the untrained designer :P =)
Bow to the untrained designer :P =)
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