loku
08-16 07:41 AM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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paskal
10-02 05:39 PM
Hi Guys,
Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...
Good to see the Southerners out! Please continue this effort and help translate it into a formal IV chapter group for Loisiana (may consider combing with sorrounding states too). let me know if I can help...
Blog Feeds
05-12 05:20 PM
The H-2B visa program is vital to America�s small businesses and thus to America�s economic recovery. The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons. Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.
Small and seasonal businesses hire American workers and they do hire every qualified
American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.
Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.
Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.
RELIEF NEEDED:
� An H-2B visa returning worker extension will go a long way in helping small and
seasonal businesses survive in the short term. The extension would provide
emergency relief by exempting from the cap H-2B returning workers who already
have successfully participated in the program in one of the previous 3 years.
� Without Congressional relief soon, many U.S. businesses will be forced to limit their
services or close their doors permanently rather than be a part of the economic
recovery.
CURRENT LEGISLATION:
� H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
Act of 2009 (H.R. 1136/S. 388).
More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)
Small and seasonal businesses hire American workers and they do hire every qualified
American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.
Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.
Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.
RELIEF NEEDED:
� An H-2B visa returning worker extension will go a long way in helping small and
seasonal businesses survive in the short term. The extension would provide
emergency relief by exempting from the cap H-2B returning workers who already
have successfully participated in the program in one of the previous 3 years.
� Without Congressional relief soon, many U.S. businesses will be forced to limit their
services or close their doors permanently rather than be a part of the economic
recovery.
CURRENT LEGISLATION:
� H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
Act of 2009 (H.R. 1136/S. 388).
More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)
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vsoni
05-10 05:41 AM
I received this email. What is ADIT?
On May 9, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice
On May 9, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice
more...
EkAurAaya
11-12 04:23 PM
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for
Travel Document) from USCIS prior to leaving the United States or else their applications are
deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt
from this requirement. Previously, they were required to present a receipt for their adjustment
application at the time of readmission to the United States following foreign travel. This final rule
eliminates the unnecessary burden of presenting this receipt since the application information in the
receipt is in USCIS databases available to immigration inspectors and adjudicators.
mrana
01-13 08:20 PM
Hi ,
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
I'm looking for university professor/asst professor/lecturer job whereby university can sponsor h1b.If anybody can point me to universities which sponsor h1b in/near bay area ,it would be great. the local community colleges does not seem to sponsor h1b.
Thanks a lot,
Tarun
more...
uppaji
10-27 03:28 PM
Hi,
My labor was filed in Feb 2003. I got my 45 day letter last year or so and was replied by my employer. But still now no word on it? What do you suggest? Are we supposed to contact USCIS through my attorney?
Please suggest.
My labor was filed in Feb 2003. I got my 45 day letter last year or so and was replied by my employer. But still now no word on it? What do you suggest? Are we supposed to contact USCIS through my attorney?
Please suggest.
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priderock
08-02 04:57 PM
Similar case. My lawyer told me that we can't apply the second I140 under premium because the original labor is gone with the first I140. So, I could not wait for second I140 and went ahead and filed for 485 under EB3.
more...
piyu7444
11-12 12:51 AM
I had not seen the other post and now I got your attention........I will surely mail the letters.
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Ann Ruben
02-01 09:25 PM
As you probably realize, by transferring to another employer you will have to start the GC process all over--though you should be able to keep your May 2008 priority date.
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
more...
Blog Feeds
07-13 12:48 PM
DHS Leadership Journal Has Just Posted the Following:
I am extremely pleased to congratulate the crew of the cutter Bertholf for their first drug interdiction on one of our new national security cutters. This success demonstrates the capability of this important national security asset and directly supports the department's strategy for protecting and securing the southwest border.
The national security cutter program (http://www.uscg.mil/acquisition/NSC/) is a vital component of the Department's effort to rebuild the Coast Guard (http://www.uscg.mil/)'s fleet so that it can continue its proud history of executing important missions to support the nation's maritime security and safety while protecting our economic prosperity.
http://www.dhs.gov/journal/theblog/uploaded_images/TrainingOnBertholf-777201.jpg (http://www.dhs.gov/journal/theblog/uploaded_images/TrainingOnBertholf-777228.jpg)
Last week I visited the cutter Dallas in a shipyard in Charleston. The Dallas, and her sister ship Gallatin, are undergoing extensive work to repair major structural and machinery problems that are the result of their age and overuse. The national security cutter program will replace these 40-year old, Vietnam era vessels with modern, capable ships to secure America.
In Wednesday's seizure off the coast of Guatemala, the crew of the Bertholf disrupted four drug smuggling speedboats at the same time with their multiple pursuit boats and helicopter. The crew successfully captured two vessels and four suspects while disrupting the other two boats.
The continued renewal of the Coast Guard fleet and use of modern technology across the department is an indispensable part of our strategy to improve the ability of DHS to secure our nation and protect its citizens.
Janet NapolitanoPublished by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-3818099099399185818?l=www.dhs.gov%2Fjournal%2Flead ership
http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?d=yIl2AUoC8zA (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:yI l2AUoC8zA) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=GUt8s3_EEbk:o9WyoQJD7xA:V_ sGLiPBpWU (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:V_ sGLiPBpWU) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=GUt8s3_EEbk:o9WyoQJD7xA:F7 zBnMyn0Lo (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:F7 zBnMyn0Lo)
http://feeds.feedburner.com/~r/DHS_LeadershipJournal/~4/GUt8s3_EEbk
More... (http://feedproxy.google.com/~r/DHS_LeadershipJournal/~3/GUt8s3_EEbk/national-security-cutter-program.html)
I am extremely pleased to congratulate the crew of the cutter Bertholf for their first drug interdiction on one of our new national security cutters. This success demonstrates the capability of this important national security asset and directly supports the department's strategy for protecting and securing the southwest border.
The national security cutter program (http://www.uscg.mil/acquisition/NSC/) is a vital component of the Department's effort to rebuild the Coast Guard (http://www.uscg.mil/)'s fleet so that it can continue its proud history of executing important missions to support the nation's maritime security and safety while protecting our economic prosperity.
http://www.dhs.gov/journal/theblog/uploaded_images/TrainingOnBertholf-777201.jpg (http://www.dhs.gov/journal/theblog/uploaded_images/TrainingOnBertholf-777228.jpg)
Last week I visited the cutter Dallas in a shipyard in Charleston. The Dallas, and her sister ship Gallatin, are undergoing extensive work to repair major structural and machinery problems that are the result of their age and overuse. The national security cutter program will replace these 40-year old, Vietnam era vessels with modern, capable ships to secure America.
In Wednesday's seizure off the coast of Guatemala, the crew of the Bertholf disrupted four drug smuggling speedboats at the same time with their multiple pursuit boats and helicopter. The crew successfully captured two vessels and four suspects while disrupting the other two boats.
The continued renewal of the Coast Guard fleet and use of modern technology across the department is an indispensable part of our strategy to improve the ability of DHS to secure our nation and protect its citizens.
Janet NapolitanoPublished by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-3818099099399185818?l=www.dhs.gov%2Fjournal%2Flead ership
http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?d=yIl2AUoC8zA (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:yI l2AUoC8zA) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=GUt8s3_EEbk:o9WyoQJD7xA:V_ sGLiPBpWU (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:V_ sGLiPBpWU) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=GUt8s3_EEbk:o9WyoQJD7xA:F7 zBnMyn0Lo (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=GUt8s3_EEbk:o9WyoQJD7xA:F7 zBnMyn0Lo)
http://feeds.feedburner.com/~r/DHS_LeadershipJournal/~4/GUt8s3_EEbk
More... (http://feedproxy.google.com/~r/DHS_LeadershipJournal/~3/GUt8s3_EEbk/national-security-cutter-program.html)
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rhlsur
05-06 08:23 PM
I'm facing a frustrating issue and am hoping that someone can provide help on this. I'm on my H1 10th year extn. My I-140 (EB-3) was recently approved and I cannot apply for I-485 as the visa dates are not available. My Company recently changed their name from ABC, doing business as XYZ, to DEF, doing business as XYZ (the doing business as part of the name is the same and there was no merger, just a name change).
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
My first question is does this invalidate my approved I-140 and should I refile the I-140. Also, when I file my H-1 extension what document should I provide to prove the name change (or is it even needed?)? Any help on these 2 questions would be greatly appreciated. Thanks.
more...
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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
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ras
05-24 12:27 PM
Thank you very much for catching this....
Dont you think this is foolish on your side..
Dont you think this is foolish on your side..
more...
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ameryki
05-21 07:46 PM
FWIW as long as you are on H1 I think your family can always get a H4 visa outside the country based on your H1 status and reenter on H4 if that is also being considered.
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mkiv
03-24 12:58 PM
Totally irrelevant to this forum. Administrator please review this thread.
I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.
I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.
I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.
I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.
more...
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nkappiah
07-19 10:56 PM
Thanks for replying. Just to clarify:
If I file with my husband as the dependant, after getting the receipt of 485, I know I can move jobs, but can I stop working completely? (This might be a dumb questions :)).. Does this mean that until we get the greencard, I must be employed in this job or similar jobs?
I have also heard rumours of both 485s being rejected. Does anyone have any more concrete information regarding this?
Thanks for all the replies.
If I file with my husband as the dependant, after getting the receipt of 485, I know I can move jobs, but can I stop working completely? (This might be a dumb questions :)).. Does this mean that until we get the greencard, I must be employed in this job or similar jobs?
I have also heard rumours of both 485s being rejected. Does anyone have any more concrete information regarding this?
Thanks for all the replies.
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bandhu
02-15 01:32 PM
Yes I declared my arrest in I485 and have got my EAD and AP aproved.
Did anyone in this situation travel on AP?
Did anyone in this situation travel on AP?
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lorebarba27
07-30 02:33 PM
I saw in some forums that the O�Net Code was revised down grading the Specific Vocational Preparation level of most IT jobs to greater than 2 years and up to and including 4 years.
In this way, I read that the key to apply under EB2 is only being �Research� : research into fundamental computer and information science.
Can I be a Software Engineer/Researcher?
Please advise, I am lost
Thank you
In this way, I read that the key to apply under EB2 is only being �Research� : research into fundamental computer and information science.
Can I be a Software Engineer/Researcher?
Please advise, I am lost
Thank you
peer123
04-04 05:30 PM
I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.
I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating
I agree with 100%. I am stuck in this glut for last 7 years.. it is quite frustrating
Anders �stberg
April 3rd, 2004, 01:27 AM
OK, I guess you're starting out with RAW (since you save as TIFF). In that case maybe you need to download an update to the RAW plugin from Adode, it fixes an EXIF problem.
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