Gravitation
09-11 10:05 AM
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
This is a common misconception. You can extend your H1B even if the previous one has been canceled. The only time you cannot transfer H1B visa (and have to apply for new one) is when you went out of US for over one year. Check out the H1B faq on immigration.com.
This is a common misconception. You can extend your H1B even if the previous one has been canceled. The only time you cannot transfer H1B visa (and have to apply for new one) is when you went out of US for over one year. Check out the H1B faq on immigration.com.
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saps
11-06 03:53 PM
How about we send congratulation letter to President-Elect Obama. This should go as a combined effort from the whole IV community. Any thoughts???
Dear President-Elect Obama,
Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.
1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.
We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.
Suggestions for relief to immigrant community:
1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
5. Allow temp visas for family members who are stuck in lines for Family based immigration.
Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.
We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.
Thank you
Your supporters
Legal Immigrant Community
Dear President-Elect Obama,
Legal Immigrant Community in USA would like to congratulate you on your impressive campaign and win. We wish you all the best for your presidency tenure and promise to provide you our support and in many manner we can.
We would also like to take this opportunity to bring your attention to some common problems which legal immigrants are currently facing.
1. Quota system for countries resulting in wait period for Greencard ranging from 5-15 years for both Employment based and Family based categories.
2. Extreme dependency on employer because of unclear 'Same or similar job change regulations'. We cannot accept promotions, salary increases or any job title or location changes in order to not lose the status on current pending Greendcard application.
3. In this current economy, many legal immigrants are losing their jobs resulting in changing employers for which they have to go to the end of the line again and start the GC process all over again if the job title or salary is much differnet from the original one.
We understand that USA is currently facing more pressing issues at this time which need your imminent attention but few simple reliefs from your administration will make the lives of immigrants much better here. As a result, they will contribute more towards the economy, buy houses, invest and establish new businesses.
Suggestions for relief to immigrant community:
1. Approve pending bill HR5882 which captures wasted Green card numbers from the past due to bureacracy delays.
2. Remove Same or Similar job requirements for Green card applicants waiting for more than 1 year in their I-485( Last stage of GreenCard). They should be allowed to join any employer with any title or salary changes.
3. Allow pending I-485 applicants to join schools full time without affecting their Greencard applications.
4. Allow pending I-485 applicants waiting for more than 2 years on their last stage of greencard to establish businesses.
5. Allow temp visas for family members who are stuck in lines for Family based immigration.
Few simple changes as stated above will bring imminent relief to legal immigrant community. Many of us want to buy homes, start businesses, go to school full time but cannot do so till we become permanent residents. Wait periods are so long that we are stuck with the same employers with stalled career growth.
We expect that you will consider the above ideas and bring the change that all the people are hoping from years who are stuck in legal limbo.
Thank you
Your supporters
Legal Immigrant Community
a_yaja
06-26 02:08 PM
First of all even if CIR is passed someone need to interpret the section. What kind of Ban for H1b in consulting? Is it blanket ban? It is going to be very tough in reality to Ban H1b for consulting completely. There might be some options in the law.
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
Agreed. As per my understanding, "consulting" as per the bill's definition is:
1. You are working at another employer's location (or client location)
AND
2. You report to someone at the other employer's location (i.e. you report to someone in the client's office)
So technically, you can still "consult" if you claim that you are reporting to your "employer" and not to someone at the client's location. And the show will go on.
This is my understanding of the bill. There are a lot of people who disagree with my interpretation.
Remember though, the true danger from the bill is the removal of the clause that H1B and L visa holders need not prove to the visa office that they do not intend to immigrate to the US.
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sk.aggarwal
11-02 06:08 AM
Call your employer and ask him for all these documents. These are agreements between your employer and client. He should have these.
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mbm
12-14 03:02 PM
I’ve successfully e-filed my renewal and got the approval for both EAD and AP in just two weeks. It’s really a good system.
My case is little different though – When I entered US this time, I had H1 approval but not the stamping in my passport (didn’t want to go through the stamping hassle), so I used my AP at the port of entry.
When I renewed my EAD and AP online, I mentioned, “I entered using AP” and my current status is “H1”. There were no queries, and got the approval.
My case is little different though – When I entered US this time, I had H1 approval but not the stamping in my passport (didn’t want to go through the stamping hassle), so I used my AP at the port of entry.
When I renewed my EAD and AP online, I mentioned, “I entered using AP” and my current status is “H1”. There were no queries, and got the approval.
rb_248
01-18 09:22 PM
Mine got approved in 6 months....Receipt Date - 7/5/2006: approval date 1/4/2007
Mine is EB 2
Mine is EB 2
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uslegals
11-04 02:06 PM
Thanks radhay ! What did they ask you.? What documents did you carry with you.? Do you have any dependants on your application.? Were they called ?
Appreciate your help.! Thanks
Appreciate your help.! Thanks
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mhtanim
02-28 01:28 PM
Renewal of one of my friend got rejected on the ground of FP unavailability see my post "Biometric Issue: EAD renewal denied"
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
If I have never received a FP Notice from USCIS and then, they deny my EAD renewal because of this, that will be total absurd. I don't think any good immigration attorneys will let this go.
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bigboy007
05-30 11:11 AM
I think then they go for a conference and agree upon a common point if not nothing is passed
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nifedge
04-23 05:52 PM
I hope I were close to the border too :)
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sertasheep
08-05 07:18 AM
Bump
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
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testtesttest
07-17 06:32 PM
just called her and thanked her for her efforts.
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prashantkh
08-22 01:30 PM
Also, if you are planning to start on your own you can only have a 'C' corporation but there will be two levels of taxation, meaning first the corporation's income will be taxed and then individual's income.
Whereas, if you partner with a US Citizen or a permanent resident you can start a 'S' corporation which only has single level of taxes.
But in my opinion if carefully thought and executed it still is worth it, as you would get some postive cashflow (hopefully), if you sit idle nothing. :)
PK
Whereas, if you partner with a US Citizen or a permanent resident you can start a 'S' corporation which only has single level of taxes.
But in my opinion if carefully thought and executed it still is worth it, as you would get some postive cashflow (hopefully), if you sit idle nothing. :)
PK
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GC20??
08-20 09:51 AM
My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.
Had any one been in same situation or had seen this before with some one else?
Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.
Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?
"Post Decision Activity
On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
Had any one been in same situation or had seen this before with some one else?
Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.
Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?
"Post Decision Activity
On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
more...
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sixburgh
07-17 03:47 AM
I can re-apply, but my 485 is already approved on July 8th!
I meant re-apply for her 485
I meant re-apply for her 485
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whitecollarslave
02-10 02:20 PM
Thanks for the uplifting message. The problems are many. Lets think about the solutions.
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crystal
03-18 04:07 PM
I think you are in wrong forum. This forum is intended for Employment based immigration. I doubt whether anybody here is knowledble enough to answer ur question.
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sircaustic
07-24 08:49 AM
so should I be answering "Yes" to all three questions? No sure if that would be correct though...
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thepaew
02-09 01:41 PM
Hello Pappu,
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
Tantra
07-18 08:43 AM
Welcome!
pappu
11-17 12:30 PM
Bump
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