snram4
01-23 12:37 AM
If you are out of status you may have to go India to get Visa. Canada and Mexico may not give Visa You were out of status for couple of months. So it should not be an issue in getting Visa
[
QUOTE=pradeepd;1400834]Hi,
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha[/QUOTE]
[
QUOTE=pradeepd;1400834]Hi,
I work as a full time employee (h1b) for a company abc in CA. In Oct 09 they laid off a couple of people and the attorney instead of revoking a laid off persons h1b sent a note to USCIS to revoke my h1b while im still employed. They informed USCIS to ignore the note they sent but USCIS ignored and cancelled my H1. In the meantime attorney files another h1b and got h1b approval (without i94 stub)
I was getting paystub till now and today they called me and said I was out of status due to the mistake they did. They didn't inform me about the out of status from Nov 07 2009. They basically wanted to cover their mistakes. Now yhey are asking me to go to Canada or Mexico to get H1B stamped. Here are my concerns
1) What will be implication in the embassy for such situations where I'm totally unaware of our of status situation
2) Is there chances of my H1B getting rejected in Canada or mexico due to out of status and would they ask me to go to India from Canada/Mexico ( i don't mind going to india but I have 5 month old baby and woudn't want to risk the travel from US to Canada/mexico to India)
3) Or is it advisable to go to india and get it stamped
My company has given a letter stating that it was their error to USICS and agreed to bear all the expenses for travel.
I need your urgent help and all of your comments and suggestions are greatly appreciated.
Thanks,
Sudha[/QUOTE]
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saimrathi
08-10 02:13 PM
Please post in Media thread...
a_yaja
06-05 10:12 PM
Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?
I had a similar experience. Four weeks after my I-140 was approved, I had another LUD and when I checked the online status, it had the same message that you mentioned. When I asked my lawyer, he told me that it ususally means that the employer has received a copy of the approval as well. And sure enough, 3 days later, I found out from HR that they received the I-140 approval letter and they wanted to know what to do with it.
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mohit7ul
07-13 02:10 AM
Hi Raysakat
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
Thanks for the quick and helpful reply. Just to clarify a bit more, can i still file for I-140 with her being primary(as cross chargibility is applied) while she is on F1 or wold it lead to conflict in visa status? SHe does not exits on my PERM application, but she is currently with me on H4, suggesting her intent to immigrate with my PERM application
Thanks
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coopheal
11-05 10:15 AM
Bump
bijualex29
03-24 12:31 PM
If Total 290000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 43500 43500 101500
India NMT10% 29000 29000 29000
This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?
If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.
Total 770000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 115500 115500 269500
India NMT10% 77000 77000 77000
I may be totally wrong here. Please clarify me if I am wrong
Am I missing something here? Please clarify
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 43500 43500 101500
India NMT10% 29000 29000 29000
This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?
If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.
Total 770000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 115500 115500 269500
India NMT10% 77000 77000 77000
I may be totally wrong here. Please clarify me if I am wrong
Am I missing something here? Please clarify
more...
pbojja
01-08 10:41 AM
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
I understand this is your first post but..This question looks more demanding than a request for suggestion ...
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
I understand this is your first post but..This question looks more demanding than a request for suggestion ...
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fullerene
12-18 02:37 PM
I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.
One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.
MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
thank you very much. I could not attend the meeting. But I did fax my letter to his Lowell Office.
One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.
MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
thank you very much. I could not attend the meeting. But I did fax my letter to his Lowell Office.
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amsgc
08-21 12:07 AM
Also wanted to mention that your I-20 will have information on when the OPT was applied (at least that's how it was in my case). I got a new I-20 when I applied for OPT (indicating that it was pending), and then another one when it was approved.
Another point - they generally approve the OPT and issue the EAD within three months. So now you have the month narrowed down to 3 (from the month of your approval).
Another point - they generally approve the OPT and issue the EAD within three months. So now you have the month narrowed down to 3 (from the month of your approval).
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ssdtm
03-16 10:05 PM
Option 1 - Take Travel Insurance for 15 days. For young folks that is not pricey and covers emergencies.
Option 2 - Just ignore....It is a matter of 15 days. Insurance is good, desirable, and highly recommended......but it is not something that deserves too much worry for 15 days for any healthy person.
Option 2 - Just ignore....It is a matter of 15 days. Insurance is good, desirable, and highly recommended......but it is not something that deserves too much worry for 15 days for any healthy person.
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ufo2002
09-11 04:50 PM
EB3 RoW is 3rd biggest group... so not everybody is Indian after all!
Just j/k, :p
Just j/k, :p
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pbojja
08-15 01:18 PM
USCIS does not know what they are doing and what the process is ..I m surprised they give information to your lawyer ...
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qplearn
10-02 03:47 PM
If I-140 is withdrawn by the employer, one can not port the PD.
I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?
I spoke to an extremely good lawyer, but he is human and could be wrong. I was trying to tell the OP what I knew. Can the laws be found anywhere, by the way?
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kondur_007
02-17 04:20 PM
If you have a viable option: go for it.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
more...
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agiyer
02-06 05:31 PM
Hello,
I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?
Thanks & Regards,
Anand
I have a question regarding voluntary work and the legalities when you are on a H4 spouse visa.
A Private company is ready to sponsor a candidate who is currently on H4 visa (spouse visa) for the H1-B visa in April.
But since the H1-B visa will only be given in Oct, can the H4 person work with that Pvt. Company from April to Oct voluntarily without any form of pay in cash or kind till the candidate gets the H1-B in Oct and then continue with that company?
Thanks & Regards,
Anand
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sagittariusarm
09-04 10:13 AM
I've A# (9 digit.. 099xx for primary and 088xx for dependent)... PD is blank.. Guess most of people getting receipts in June/July had it blank... Don't know why...
I140 will have the priority date and no receipts will have it.
I140 will have the priority date and no receipts will have it.
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adde72
06-30 10:58 AM
and do it in PM. Someone asked is in a situation due to the attorney. He didn't seek or initiate LS.
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
If he can buy a Labor why cant the advise also ..this is a public forum for a cause - Retrogression - not for encouraging subtitution cases .
Members
Please dont answer any questions relating to that topic .Kick the guys out
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
If he can buy a Labor why cant the advise also ..this is a public forum for a cause - Retrogression - not for encouraging subtitution cases .
Members
Please dont answer any questions relating to that topic .Kick the guys out
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pointlesswait
05-01 09:28 AM
if u change ur job using H1 transfer..so does it mean ...he has to restart his GC all over again?? ok i am little confused here..
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
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STAmisha
11-17 12:51 PM
My lawyer thinks they have not even started looking at TR applications.
He told me that he will file RIR conversion. What exactly is the procedure?
He told me that he will file RIR conversion. What exactly is the procedure?
evileks
12-21 04:21 AM
I would be interested. I know enough flash to make nice banners, and I am pretty good at photoshop. If you still need someone to team-up with you, here I am. I am also very laid-back.
saddaypally
09-30 10:34 PM
Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.
Thanks,
Shravan
Thanks,
Shravan
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