LostInGCProcess
11-12 12:21 PM
Your new company must sponsor your H1 before the old company send the request to cancel your H1.
Once revoked, you have probably couple of weeks to pack up. So, its best you get started on the new H1 before the old H1 is revoked.
Once revoked, you have probably couple of weeks to pack up. So, its best you get started on the new H1 before the old H1 is revoked.
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theconfused
01-01 05:39 PM
Dear All,
i might have posted this query in some other forums too, but could not get much response and hence reposting. Please pardon me if you happen to re-read this.
1) I got my fresh H1B visa stamp from employer A and started workin with him from 1st October 2007 . Visa was valid from August 2007 to August 2010.
2) Was laid off on 16th November 2007.
3) Found another employer B and he applied for H1B transfer on 21st December 2007 using regular processing.
4) I do not have any pay stup or any kind of information from employer B.
5) I found another employer (C) and he applied for H1B with a receipt date 19th March 2008 using premium processing.
6) Got approval (I797B) on 21st march 2008. Attorney from employer C told me that i need to leave the US and come back and can start working with employer C. I went to Mexico and came back and started working with employer C since 1st April 2008.
7) Got the job with employer D. Employer D filled for H1B transfer. This time i got approval (I797A) with I-94 attached. Started working with employer D since 1st October 2008.
8) I am still employed with employer D. But my visa is going to expire in August 2010. My I-94 (came with I-797A) is valid till October 2011.
9) I want to get a new visa stamp in my passport and hence want to visit New Delhi US embassy.
Will i be having problem on visa stamping because i dont have pay stup from 16th Nov 2007 till 1st April 2008 ( 4 months and 16 days = 136 days)?
Your help is highly appreciative.
Thanks
Confused
i might have posted this query in some other forums too, but could not get much response and hence reposting. Please pardon me if you happen to re-read this.
1) I got my fresh H1B visa stamp from employer A and started workin with him from 1st October 2007 . Visa was valid from August 2007 to August 2010.
2) Was laid off on 16th November 2007.
3) Found another employer B and he applied for H1B transfer on 21st December 2007 using regular processing.
4) I do not have any pay stup or any kind of information from employer B.
5) I found another employer (C) and he applied for H1B with a receipt date 19th March 2008 using premium processing.
6) Got approval (I797B) on 21st march 2008. Attorney from employer C told me that i need to leave the US and come back and can start working with employer C. I went to Mexico and came back and started working with employer C since 1st April 2008.
7) Got the job with employer D. Employer D filled for H1B transfer. This time i got approval (I797A) with I-94 attached. Started working with employer D since 1st October 2008.
8) I am still employed with employer D. But my visa is going to expire in August 2010. My I-94 (came with I-797A) is valid till October 2011.
9) I want to get a new visa stamp in my passport and hence want to visit New Delhi US embassy.
Will i be having problem on visa stamping because i dont have pay stup from 16th Nov 2007 till 1st April 2008 ( 4 months and 16 days = 136 days)?
Your help is highly appreciative.
Thanks
Confused
onemoredesi
03-29 02:00 PM
Get your I140 approved. Once your I-140 approves, the priority date belongs to you forever. When you move to the next company and file for your labor again (with PERM nowadays, it doesn't take more than 3 months), you can still continue like you were with your old company.
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chanduv23
11-02 09:40 AM
I am in IT and my wife is doing her first year residency and both are on h1b. We are looking for a good legal counsel regarding our future like avenues forr fellowship, etc...
Any suggestions??
Any suggestions??
more...
rajc
08-12 03:28 PM
Hi,
I recently went through same situation for my spouse on H4. You have 3 options:
1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.
2. Go out of country and come back.
3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.
Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.
I recently went through same situation for my spouse on H4. You have 3 options:
1. Call the CBP office where you got I-94 or local CBP office (You can find in Internet, mostly in International Airports) and request them to update thhe I -94. Which may or may not be possible technically. But you may try calling them and schedule an appointment and try this option.
2. Go out of country and come back.
3. File a I539 form to extend non immigrant status. Your employer should help you file it or you may file yourself. It should go to same USCIS service center or office which approved your H1 or H4.
Disclaimer: I am not a attorney. This comment is based on my experience. Please consult and attorney for any legal advise.
updsoft
09-23 10:31 PM
thank you very much !
more...
Alice141
03-26 02:52 AM
Hi All,
I would like to ask if it is possible, and how long does it take if so, for
my parents who live in India to visit me in the UK, then we all apply
for tourist visas for my brother's marriage in the US.
I have indefinite leave to remain in the UK but am not a citizen yet.
The earlies times for appointment for an interview for my parents
in India is 4 months! whereas my brother will be getting married in 3...
Is it possible for them to get the tourist visa for US from here in the UK?
How long would that take if applicable?
Thanks all very much,
I would like to ask if it is possible, and how long does it take if so, for
my parents who live in India to visit me in the UK, then we all apply
for tourist visas for my brother's marriage in the US.
I have indefinite leave to remain in the UK but am not a citizen yet.
The earlies times for appointment for an interview for my parents
in India is 4 months! whereas my brother will be getting married in 3...
Is it possible for them to get the tourist visa for US from here in the UK?
How long would that take if applicable?
Thanks all very much,
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rajeevkaza
04-09 12:40 PM
If your 140 is approved and you are applying for extension you will get 3yrs extension for your H1B if not you get only 1yr extension. So wait for one more month from now to see if you get ur 140 cleared. Pls provide more details when n where did u apply ur 140 for us to give u better suggestion, but yes you can apply H1B extension based on ur pending 140 petetion.
more...
peacocklover
01-26 12:42 PM
Thanks for your suggestion. My lawyer says that it's fine to have Computer Information Systems as per Education Evaluation draft. Though my lawyers are well experienced, I'm felling little bit doubtful on this.
I would appreciate if any lawyer advises or responds to my question.
Thanks.
I would appreciate if any lawyer advises or responds to my question.
Thanks.
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Macaca
01-12 08:55 PM
The airline persons asked for I-94 when I checked in.
I feel it is safe to turn in both I-94's when you leave, after making a copy. I also feel, it is not a big issue.
I feel it is safe to turn in both I-94's when you leave, after making a copy. I also feel, it is not a big issue.
more...
kirupa
04-16 09:30 PM
It's a bit inflammatory AND the quality of the text and the purple gradient background suffers :)
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jain4444
11-09 08:22 PM
Hello,
My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.
Your reply would be appreciated
My spouse will be in India next week and would be going for her H1B stamping at the Mumbai consulate. She came here on H4 and we applied for her H1B, effective 10/2007, and she has been working since Jan08 and have all her paystubs from that date. Can you share your experience in terms of questions they ask and supporting documents they request in addition to the documents that we are required to carry.
Your reply would be appreciated
more...
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kaisersose
07-24 04:32 PM
Hi,
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
All these questions have been answered multiple times in detail. I suggest you use the search feature.
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
All these questions have been answered multiple times in detail. I suggest you use the search feature.
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rajmalhotra
02-09 10:10 AM
^^^bump
more...
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surabhi
06-18 10:01 AM
I asked the same question yesterday at POE Boston.
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
So when do you need to renew? Before June 17, 2009 ( your parole stamp validity) Or before the expiration of your original AP document?
Thanks a lot
He said I have to renew the AP before it expires. The Parole stamp is valid until an year from yesterday.
So when do you need to renew? Before June 17, 2009 ( your parole stamp validity) Or before the expiration of your original AP document?
Thanks a lot
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logiclife
05-21 09:55 PM
Most companies that hire H1b workers or sponsor F1/OPT status workers for first-time H1 either have a law-firm deal all their immigration cases or an outside lawyer. Some of the big companies have a full-time in-house counsel.
Some employers who rarely hire professionals in need of H1b may not be aware of process and may ask you to look for lawyer to do it for them. The H1B petition is filed by employer. However, employee can certainly help with it. Legally, the employer cannot charge the employee for USCIS fees or lawyer's fees. However, you can hire your own lawyer to help you with your questions and answers(if you hire your own lawyer, you can be comfortable with all advise he gives you, since he would have your best interest in mind as you would be the client). However, to file a petition of H1, your employer should be paying the lawyer(either your lawyer or their lawyer).
Filing for H1B petition requires a fixed set of documents and its simple to do if you have time to do a little research. Many employees help their employers and together, they do it themselves without the help of lawyer, therby saving money. An average lawyer would charge 1000 dollars in fees for filing the petition. For USCIS fees, please look up their website.
There are H1 specific forums on www.immigrationportal.com which would have more details.
Thanks.
Some employers who rarely hire professionals in need of H1b may not be aware of process and may ask you to look for lawyer to do it for them. The H1B petition is filed by employer. However, employee can certainly help with it. Legally, the employer cannot charge the employee for USCIS fees or lawyer's fees. However, you can hire your own lawyer to help you with your questions and answers(if you hire your own lawyer, you can be comfortable with all advise he gives you, since he would have your best interest in mind as you would be the client). However, to file a petition of H1, your employer should be paying the lawyer(either your lawyer or their lawyer).
Filing for H1B petition requires a fixed set of documents and its simple to do if you have time to do a little research. Many employees help their employers and together, they do it themselves without the help of lawyer, therby saving money. An average lawyer would charge 1000 dollars in fees for filing the petition. For USCIS fees, please look up their website.
There are H1 specific forums on www.immigrationportal.com which would have more details.
Thanks.
more...
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voldemar
05-01 05:10 PM
what about if one changes jobs on AC-21 and then gets married and later wants to file 485 for wife?
Is anything needed from the old employer?She is not getting married to your employer?:D No, nothing is needed from employer for dependent filing. He/she is your dependent - that's it. Just show that you filed I-485 and show relation between you.
Is anything needed from the old employer?She is not getting married to your employer?:D No, nothing is needed from employer for dependent filing. He/she is your dependent - that's it. Just show that you filed I-485 and show relation between you.
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desi3933
07-19 04:34 PM
Hi,
I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.
>> Isn't EAD a non-immigrant status unlike H1B?
EAD is not a status. EAD is just Employment Authorization Document. I-485 pending (AoS Pending) is the status.
>> So, how can one apply for GC on a non-immigrant status?
GC can, also, be applied for someone who is not even in US. Kind of status in US has nothing to do with GC process, as long as one is in valid (authorized) status.
I too have the same question. Isnt EAD a non-immigrant status unlike H1B? So, how can one apply for GC on a non-immigrant status? I might be wrong though.
>> Isn't EAD a non-immigrant status unlike H1B?
EAD is not a status. EAD is just Employment Authorization Document. I-485 pending (AoS Pending) is the status.
>> So, how can one apply for GC on a non-immigrant status?
GC can, also, be applied for someone who is not even in US. Kind of status in US has nothing to do with GC process, as long as one is in valid (authorized) status.
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NKR
02-19 01:05 PM
Did it say state of residence as TN or Tamil Nadu, if it is TN, then it could be Tenesse?. I don't know what I am saying...
IndianBoy
11-25 11:05 AM
I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer�???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.
Has anyone done this�????
Thanks in advance...
Has anyone done this�????
Thanks in advance...
Blog Feeds
11-16 02:40 AM
As we move closer to an Immigration reform, even government officials agree that such major change is very necessary. Here are some remarks by Secretary Napolitano on Immigration Reform at the Center for American Progress:
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
Over the past year, as this Administration has pursued more effective strategies within the current laws, the picture of how exactly those laws need to be changed has become clearer than ever before. In the past ten months, we have made tough choices, and implemented significant reforms within the current legal framework�but they are not enough to create the system that we want or that we need. If we are truly going to fix a broken system, Congress will have to act.When it comes to immigration, I took an oath as Secretary of Homeland Security to secure the nation by enforcing the law and managing legal flows across the border. Let me be clear: to do this job as effectively as possible, DHS needs immigration reform.Reform legislation would provide lasting and dedicated resources at our borders, and provide some critical legal tools that we don�t currently have to combat smuggling organizations. For example, we need tougher anti-smuggling laws in dealing with the aggravated crimes smugglers commit�including assaulting law enforcement officers, endangering children, threatening relatives and abandoning people in the desert� hundreds of whom succumb to death from heat and lack of water. We also need to update current laws that don�t cover some of the new means by which criminals conduct their business. For instance, today�s smugglers and drug traffickers often move cash through �stored value� cards, which aren�t even considered monetary instruments under the current money-smuggling laws.In addition, we need improvements to the current law when it comes to interior and worksite enforcement. Dishonest businesses often ignore the civil fines for illegal employment now on the books because they�re so low. It�s also very difficult to prosecute these crimes as felonies because of the over-elaborate intent requirements built into the current statutes.
Read more here... (http://www.dhs.gov/ynews/speeches/sp_1258123461050.shtm)
More... (http://www.visalawyerblog.com/2009/11/why_dhs_needs_immigration_refo.html)
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