Euinox
05-20 01:10 PM
I came to US in 2009 March (on H4 Visa) ,
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.
Now I am on H4 till date.
I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)
Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??
What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?
Please help me in this issue. I will really appreciate your help.
Any document/ link which shares light to similar issue is really helpful for me.
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.
Now I am on H4 till date.
I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)
Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??
What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?
Please help me in this issue. I will really appreciate your help.
Any document/ link which shares light to similar issue is really helpful for me.
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STAmisha
06-20 01:54 PM
Hi
My company is using substituted labor for me and applying for 140 and 485. My original LC which was pending just got approved. But the physical documentation is not there.
But my company is saying that they will also apply for 140 for the original LC also. How is this possible? I'm confused. What will happen to the 485 (and the first 140) when they file second 140?
Thanks
My company is using substituted labor for me and applying for 140 and 485. My original LC which was pending just got approved. But the physical documentation is not there.
But my company is saying that they will also apply for 140 for the original LC also. How is this possible? I'm confused. What will happen to the 485 (and the first 140) when they file second 140?
Thanks
sircaustic
07-16 01:14 AM
My MTR was received by USCIS on June 25, 2009. Today I received an auto-generated email with case status update. My MTR has been denied :-(
Any advice for the next steps is appreciated.
Any advice for the next steps is appreciated.
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fall1998
05-17 12:11 PM
Hi,
I received a notice this morning for my spouse's case! This is the third (or may be fourth) time they have transferred the case! The notice reads:
On May 16, 2011, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. .......
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to .........
All standard stuff. Not sure what that means. We are getting current on June 1st. I have not received any such notice for my case, only for my spouse's case.
By the way, we have never been interviewed, have provided fingerprints probably three times.
Does that mean that now the case needs additional 4 to 6 months of processing?
Regards,
Fall1998.
I received a notice this morning for my spouse's case! This is the third (or may be fourth) time they have transferred the case! The notice reads:
On May 16, 2011, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. .......
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to .........
All standard stuff. Not sure what that means. We are getting current on June 1st. I have not received any such notice for my case, only for my spouse's case.
By the way, we have never been interviewed, have provided fingerprints probably three times.
Does that mean that now the case needs additional 4 to 6 months of processing?
Regards,
Fall1998.
more...
micofrost
07-18 12:48 AM
I congratulate everybody for getting the opportunity to file 485.I am truely happy for u guys.
I am one of the very few people who can not apply for 485 as I have just changed my company and labour yet has to be filed.
I just wanted to to know Is it still possible that they will bring some kind of amendment(From CIR bill) which wouldn't allow me to extend my H1 Visa after 6 years?.I am so scared when I read on numberusa that some amendments are coming back to vote.Are we really in trouble?.
I just need some lodgical reasons that it won't happen.
I know everybody is busy but don't forget about people like us.
No such proposal will be coming for another next two years for minimum. In the meantime, file your labor and and while you wait for approval, prepare your exp letters so that u r ready to file on day one after your labor is approved. bol
I am one of the very few people who can not apply for 485 as I have just changed my company and labour yet has to be filed.
I just wanted to to know Is it still possible that they will bring some kind of amendment(From CIR bill) which wouldn't allow me to extend my H1 Visa after 6 years?.I am so scared when I read on numberusa that some amendments are coming back to vote.Are we really in trouble?.
I just need some lodgical reasons that it won't happen.
I know everybody is busy but don't forget about people like us.
No such proposal will be coming for another next two years for minimum. In the meantime, file your labor and and while you wait for approval, prepare your exp letters so that u r ready to file on day one after your labor is approved. bol
qplearn
08-23 06:39 PM
Thanks Dixie. I think I will talk to my lawyer.
I guess I will have to apply for I-140 again, right?
qplearn
Since EB-1 does not need labor certification, the process is completely independent of EB-2. As such you cannot "port" your EB-2 application the way people transition from EB-3 to EB-2. You will have to apply directly to USCIS with evidence of your "extraordinary ability" in your field, such as honorable membership of professional bodies, research track record, letters from well-known people in your field etc. The first stepto convince USCIS about exceptional ability is very involved, but there on I-140 and I-485 should proceed far more smoothly than EB-2.
I guess I will have to apply for I-140 again, right?
qplearn
Since EB-1 does not need labor certification, the process is completely independent of EB-2. As such you cannot "port" your EB-2 application the way people transition from EB-3 to EB-2. You will have to apply directly to USCIS with evidence of your "extraordinary ability" in your field, such as honorable membership of professional bodies, research track record, letters from well-known people in your field etc. The first stepto convince USCIS about exceptional ability is very involved, but there on I-140 and I-485 should proceed far more smoothly than EB-2.
more...
Blog Feeds
06-08 06:20 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
Secretary Janet Napolitano of the Department of Homeland Security (DHS) announced (http://www.aila.org/content/default.aspx?docid=32175) on June 3, 2010 that the U.S. and France have established an arrangement to implement the Immigration Advisory Program (IAP), which allows for the identification of high-risk travelers at foreign airports before they board aircraft bound for the U.S. This arrangement has been launched at Paris� Charles De Gaulle International Airport. A similar arrangement was entered into on July 1, 2009, implementing IAP at Madrid Barajas International Airport.
The purpose of the IAP is to allow specialized U.S. Customs and Border Protection (CBP) personnel posted in foreign airports to utilize current targeting and passenger analysis information and/or an assessment of passengers� documentation to identify high-risk persons bound for the U.S. and to make �no board� recommendations to carriers and host governments.
Secretary Napolitano believes that the IAP arrangements will enhance the capabilities of both the U.S. and foreign countries in which we have collaborated with to protect our immigration systems as well as the global aviation network from abuse by terrorists and transnational criminals.
DHS currently has IAP arrangements with seven (7) countries and operates at nine (9) locations.
For more information, please visit www.dhs.gov (http://www.dhs.gov/index.shtm)
More... (http://www.h1bvisalawyerblog.com/2010/06/dhs_news_release_us_and_france.html)
Secretary Janet Napolitano of the Department of Homeland Security (DHS) announced (http://www.aila.org/content/default.aspx?docid=32175) on June 3, 2010 that the U.S. and France have established an arrangement to implement the Immigration Advisory Program (IAP), which allows for the identification of high-risk travelers at foreign airports before they board aircraft bound for the U.S. This arrangement has been launched at Paris� Charles De Gaulle International Airport. A similar arrangement was entered into on July 1, 2009, implementing IAP at Madrid Barajas International Airport.
The purpose of the IAP is to allow specialized U.S. Customs and Border Protection (CBP) personnel posted in foreign airports to utilize current targeting and passenger analysis information and/or an assessment of passengers� documentation to identify high-risk persons bound for the U.S. and to make �no board� recommendations to carriers and host governments.
Secretary Napolitano believes that the IAP arrangements will enhance the capabilities of both the U.S. and foreign countries in which we have collaborated with to protect our immigration systems as well as the global aviation network from abuse by terrorists and transnational criminals.
DHS currently has IAP arrangements with seven (7) countries and operates at nine (9) locations.
For more information, please visit www.dhs.gov (http://www.dhs.gov/index.shtm)
More... (http://www.h1bvisalawyerblog.com/2010/06/dhs_news_release_us_and_france.html)
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JunRN
10-05 12:20 AM
Yes, i765 is the EAD card. It will be issues eventhough your i140 is pending.
more...
jpmaddali
04-27 04:38 PM
Friends,
My EB2 I-140 got approved during 1st week of April and USCIS successfully ported my EB3 priority date of Jan, 2006 to the new EB2 I-140. As per my attorney, interfiling shouldn't be done as I have been with same employer all along and same employer sponsored for my porting. The attorney says, this should be automatically taken care of by USCIS.
My question is...I couldn't find the proper procedure/documentation for my scenario. Did any body come across this situation and can any one offer any suggestion?
Thanks for any inputs,
My EB2 I-140 got approved during 1st week of April and USCIS successfully ported my EB3 priority date of Jan, 2006 to the new EB2 I-140. As per my attorney, interfiling shouldn't be done as I have been with same employer all along and same employer sponsored for my porting. The attorney says, this should be automatically taken care of by USCIS.
My question is...I couldn't find the proper procedure/documentation for my scenario. Did any body come across this situation and can any one offer any suggestion?
Thanks for any inputs,
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cgs
04-02 02:01 PM
I am not sure if this works or not, but try to create a yahoo group id and add these email addresses as the members of the group.
Then you can just shoot your e-mail to this group address.
hmm..nice try, but I would not like to send the email 60-70 times..
have to do that tonight, if there is no other option.
any other ideas for hacking yahoo?
Then you can just shoot your e-mail to this group address.
hmm..nice try, but I would not like to send the email 60-70 times..
have to do that tonight, if there is no other option.
any other ideas for hacking yahoo?
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zombie123
08-25 02:27 AM
Hi all,
I recently appeared for L1A visa (blanket petition) at Delhi Consulate. I already have travelled to the US on B1 Visa and currently hold a valid B1 Visa. I was asked the following questions:
Q1: What do you at 'xxx' (my company's name)?
Q2: What is your designation?
Q3: How long have you been with 'xxx' (my company's name)?
Q4: How long have you working in managerial role?
Q5: How many people report into you?
Q6: Will you be performing same duties in the US?
Q7: Will you have people reporting into you?
Q8: but you will be hiring or firing individuals? you will not be measuring individual's performances?
I have been working with my org. for over 7 years and have travelled in various countries in the past. This was my frist L1 Visa application. My designation is of a manager and I work with over 50+ clients for my domain. My role in the US was to manage a function in our company.
From what I understood of my conversation with the consul - since I do not and will not have people reporting into me or have direct monitoring of individual performances, I do not fit in the "manager" category for the L1A Petition
Towards the end of the interview consul said that your company should apply your visa in different category. I couldnt ask the consul which category specifically.
My company is now evaluating the option of re-applying the Visa through Blanket L1 B for me.
Can anyone guide me the possible interpretation of "another category" ?
Secondly, we have time constraints for the project for which I was travelling. Hence, Individual Petition will take a great deal of time. If my Visa is applied under L1B category what are chances of it getting rejected? considering the fact that my company feels that L1A is the right category for my Visa application. :confused:
I recently appeared for L1A visa (blanket petition) at Delhi Consulate. I already have travelled to the US on B1 Visa and currently hold a valid B1 Visa. I was asked the following questions:
Q1: What do you at 'xxx' (my company's name)?
Q2: What is your designation?
Q3: How long have you been with 'xxx' (my company's name)?
Q4: How long have you working in managerial role?
Q5: How many people report into you?
Q6: Will you be performing same duties in the US?
Q7: Will you have people reporting into you?
Q8: but you will be hiring or firing individuals? you will not be measuring individual's performances?
I have been working with my org. for over 7 years and have travelled in various countries in the past. This was my frist L1 Visa application. My designation is of a manager and I work with over 50+ clients for my domain. My role in the US was to manage a function in our company.
From what I understood of my conversation with the consul - since I do not and will not have people reporting into me or have direct monitoring of individual performances, I do not fit in the "manager" category for the L1A Petition
Towards the end of the interview consul said that your company should apply your visa in different category. I couldnt ask the consul which category specifically.
My company is now evaluating the option of re-applying the Visa through Blanket L1 B for me.
Can anyone guide me the possible interpretation of "another category" ?
Secondly, we have time constraints for the project for which I was travelling. Hence, Individual Petition will take a great deal of time. If my Visa is applied under L1B category what are chances of it getting rejected? considering the fact that my company feels that L1A is the right category for my Visa application. :confused:
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ashatara78
09-17 12:53 PM
Ah. It doesn't end even if you get the GC! I agree with the others - go for the interview fully prepared with all the documents including your GC. Even though you have the feeling "what if they revoke it?", it is best to comply with the laws and respect the interview notice.
You can call them up or infopass if you have some time before the interview.
You can call them up or infopass if you have some time before the interview.
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07-11 11:53 PM
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03-20 08:53 AM
These guys did not mention specifically "legal immigrants" but to me that sounds even easier since most of them possibly have decent wages and also maintain a legally sound lifestyle.
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pdt
06-14 03:51 PM
NIW 140 approved last year. EB1a 140 RFE/485 pending. Can I file a new 485 for NIW? or do I have to withdraw the pending 485 before filing the new 485?
Thanks a lot.
Thanks a lot.
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Munna Bhai
10-15 03:52 PM
Guys,
I am on H1B, got my EAD and registered a LLC.
Do I need to send I-9 when I switch working for my own registered LLC?
Thanks in advance!
-Jai
Current Contribution: $100
Do know that once you switch to EAD, you are no longer in H1b. I-9 is just a form and if Home-land guys ask then you need to show them and no need to send that form to USCIS.
Could you please let me know how to register a LLC, I am in MA.
Thanks,
I am on H1B, got my EAD and registered a LLC.
Do I need to send I-9 when I switch working for my own registered LLC?
Thanks in advance!
-Jai
Current Contribution: $100
Do know that once you switch to EAD, you are no longer in H1b. I-9 is just a form and if Home-land guys ask then you need to show them and no need to send that form to USCIS.
Could you please let me know how to register a LLC, I am in MA.
Thanks,
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kcforgc
04-09 08:55 PM
I'm on currently on H1b (NO EAD). I'm applying for another job with a different company and came across the below question in thier Job Application. I don't know if the other company is willing to transfer my H1, but I would like to apply and prove myself in the interview.
If hired, can you submit verification of your legal right to work in the U.S.?
Should the answer be YES or NO? Can my current H1 be used as a proof of legal right to work???
I'm also required to acknowledge the below statement as part of the application.
I am aware that, as a condition of employment, if employment is offered, I must be authorized to work in the U.S. and demonstrate that authorization as required by the Immigration Reform and Control Act of 1986.
Appreciate if anyone of you can clarify this.
Thanks
If hired, can you submit verification of your legal right to work in the U.S.?
Should the answer be YES or NO? Can my current H1 be used as a proof of legal right to work???
I'm also required to acknowledge the below statement as part of the application.
I am aware that, as a condition of employment, if employment is offered, I must be authorized to work in the U.S. and demonstrate that authorization as required by the Immigration Reform and Control Act of 1986.
Appreciate if anyone of you can clarify this.
Thanks
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drirshad
06-17 03:40 PM
Use latest I-94 from H-1 as the old I-94 is supposed to be old after the new one arrives with the H-1 approval ...
amoljak
03-28 03:49 PM
Bush said he wants to improve the working visas, I think the prority needs to offer to Canadians because Canadinas use the same language and education system, the distance is closer. We need to call all the senetors, the working visas.etc. need to go to Canadina citizens first.
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I agree. For the genero city of canedians for using the same langwage, the goverment also pay for at least one ice hoky rink in every city. But what about the French canadians.. they should instead be called freedom canadians and directly get a green card...
needhelp!
01-14 12:45 PM
No you are not required to file a separate petition for your husband. When your sister files the I-130, she needs to put your husband's name on the same form.
When you file DS-230, Each family member that is eligible to travel to the United States with you under this visa classification is required to complete the DS-230 Part I. So separate DS-230 are required for you and your husband.
1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:
A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older;
D. Your married son or daughter of any age;
E. Your brother(s) or sister(s) (you must be age 21 or older);
F. Your mother or father (you must be age 21 or older).
If your relative qualifies under paragraph 1(C), 1(D), or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.
When you file DS-230, Each family member that is eligible to travel to the United States with you under this visa classification is required to complete the DS-230 Part I. So separate DS-230 are required for you and your husband.
1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:
A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older;
D. Your married son or daughter of any age;
E. Your brother(s) or sister(s) (you must be age 21 or older);
F. Your mother or father (you must be age 21 or older).
If your relative qualifies under paragraph 1(C), 1(D), or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.
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