dealsnet
10-21 08:26 PM
File new H1B.
You may not adjust the status. (B1 to H1). (Get the H1B approval without 1-94 attached)
You need to go to India and attend interview to get your visa stamped.
Do premium process to save time.
So you will be safe. Everything can be done within 45 days, if do PP and move fast.
Entry on H1B will be safe for future immigration matters.
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.
Other relevant past details are
H1B non cap petition- June 2008
221 g at the consulate for the H1B petition since I didn't had the license.
Hospital withdrew the H1B petition in August 2008.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
You may not adjust the status. (B1 to H1). (Get the H1B approval without 1-94 attached)
You need to go to India and attend interview to get your visa stamped.
Do premium process to save time.
So you will be safe. Everything can be done within 45 days, if do PP and move fast.
Entry on H1B will be safe for future immigration matters.
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.
Other relevant past details are
H1B non cap petition- June 2008
221 g at the consulate for the H1B petition since I didn't had the license.
Hospital withdrew the H1B petition in August 2008.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
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visafreedom
07-03 02:09 AM
Please read, sign and observe
http://www.petitiononline.com/aos485/petition.html
To: U,S. Congress American Government
USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.
The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.
As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.
Sincerely,
http://www.petitiononline.com/aos485/petition.html
To: U,S. Congress American Government
USCIS/DOS has made fun of a set of highly skilled immigrant workers of America. They issued a bulletin in June 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3258.html) declaring all classes of employment-based visa priority dates current from July 1, 2007 and then pulled the carpet under everyone's feet by issuing a bulletin in July 2007 (http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html) which declared all July applications ineligible.
The June bulletin caused a frenzy of activity amongst the applicants which ranged from applicants cancelling their travel plans and rushing to file their petitions to applicants tying the nuptial knot and cancelling their plans of higher studies. This act is mockery and disrespect of such skilled workers, causing them huge emotional and mental trauma. It also represents a huge economic loss in terms of time and resources consumed for readiness in filing the applications that involved the individuals, their employers and the attorneys representing them.
As a mark of protest we would like to observe July 13, 2007 as "NO WORK DAY". We demand justice from America and the American Governement. We believe our voices will only be heard when our presence (and importance) is made conspicuous by our absence. So, all those who believe in this are urged to refrain from going to work on Friday July 13, 2007.
Sincerely,
GKBest
08-03 08:25 PM
You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.
From the way I understand if the case is denied, you cannot work but you are authorized to stay if your appeal has been decided in your favor. However, some lawyers say that you can work with the H1 employer since the decision is not yet final. So which one is correct?
From the way I understand if the case is denied, you cannot work but you are authorized to stay if your appeal has been decided in your favor. However, some lawyers say that you can work with the H1 employer since the decision is not yet final. So which one is correct?
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somegchuh
09-22 04:39 PM
Is it possible to include "allow filing 485" if labor has been pending for 2+ years?
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.
I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.
But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.
vivache:
Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.
more...
Dhundhun
01-18 11:28 AM
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Ria
FALSE STATEMENT - law was changed couple of years ago.
You do not need to move to Canada
Ria
FALSE STATEMENT - law was changed couple of years ago.
GC_1000Watt
12-03 04:26 PM
The simple reply to this question I could think of is that Dream Act is not meant to benefit Legal immigrants, however Visa recapture will directly benefit all the Employment based legal immigrants.
Thanks.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
Thanks.
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
more...
bkn96
02-09 09:19 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
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martinvisalaw
06-29 05:14 PM
Hi Martin,
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
I think you'll find the answer in the FAQs on my website. I say there:
"You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
I think you'll find the answer in the FAQs on my website. I say there:
"You can travel while the extension is pending, however there could be some complications if you return on an old, unexpired, visa after the extension has been approved. If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
If you travel before your visa has expired, and you have an extension approval, you should show both the old, unexpired, visa and the extension approval, to the immigration officer and you should get the extension end date on your new I-94."
more...
posmd
03-28 04:04 PM
I agree that you guys should push for an ammendment that one should be able to file 485 and join the queue and get the derivative benefits once 140 is approved. If we get that alone it is better than nothing.
However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.
However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.
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la_guy
01-29 03:22 PM
does he have the source of this rumour? does vdlrao knows anything about this?
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ajju
03-26 11:46 AM
why will it retrogate again? we will see forward movement. be +ve and optimistic.:)
It won't retrogress anytime soon... Logic/reasoning behind : don't ask ;-)
Reading all other forums and posts by gurus/experts.. my guts feeling is it will move further for few more months atleast...
It won't retrogress anytime soon... Logic/reasoning behind : don't ask ;-)
Reading all other forums and posts by gurus/experts.. my guts feeling is it will move further for few more months atleast...
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xu1
09-12 07:08 PM
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
more...
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GCwaitforever
04-10 02:21 PM
Also lots of people are putting the PD as April 1st 2001. Not sure if this is correct.
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amitjoey
07-06 01:03 AM
Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
--sri
If somebody wants to create a seperate message, release it, I can dig it.
I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.
Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).
--sri
If somebody wants to create a seperate message, release it, I can dig it.
I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.
Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).
more...
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casinoroyale
01-07 11:51 AM
>if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
can you please explain little more? what is meant by after invoking, is it AC21?
If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
thanks in advance.
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
can you please explain little more? what is meant by after invoking, is it AC21?
If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
thanks in advance.
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Winner
05-16 09:56 AM
Left voice mails
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pappu
04-10 02:19 PM
Please keep sending all bugs and requested features in a PM.
A few people are leading this effort and collecting the bugs and new features
Chanduv23, needhelp!, walking_dude and santb1975 are people you can PM and they will help make this tracker better
A few people are leading this effort and collecting the bugs and new features
Chanduv23, needhelp!, walking_dude and santb1975 are people you can PM and they will help make this tracker better
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GC9180
10-14 05:06 PM
My parents got from india, not worth it bcoz even for simple visit for fever we needed to pay ($100)
1) bcoz the doctor would not take the insurance, they said they donot deal with the insurance we have.
2) i called up the insurance co. in india ...we were asked pay and claim the paid amount after there return to india.
Get one from here (USA) i would suggest.
1) bcoz the doctor would not take the insurance, they said they donot deal with the insurance we have.
2) i called up the insurance co. in india ...we were asked pay and claim the paid amount after there return to india.
Get one from here (USA) i would suggest.
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prinive
07-17 06:52 PM
Nop
Another silly question.
Do I file again? My packet reached USCIS on July 2nd. It was not returned.
Another silly question.
Do I file again? My packet reached USCIS on July 2nd. It was not returned.
Euclid
02-11 06:24 PM
Hi Prashanthi,
Thank you for your reply.
The receipt is not for an "initial or renewal" (OPT) EAD. It is for the "replacement for a lost (OPT) EAD".
I do have the approval notice in hand. It the actual OPT EAD that is lost.
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
Thank you for your reply.
The receipt is not for an "initial or renewal" (OPT) EAD. It is for the "replacement for a lost (OPT) EAD".
I do have the approval notice in hand. It the actual OPT EAD that is lost.
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
indio0617
12-07 09:56 AM
Hi,
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
You will be counted against the cap when you move from a cap exempt (non -profit) to for profit. I was in a similar situation when i switched jobs few months ago. There were no H-1Bs left for the fiscal year. I thus switched from a non-profit to another non - profit.
I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.
I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.
If I change the employer, will I be subject to H-1 B visa quota restriction?
I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.
However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.
I would appreciate your advice very much.
Thank you always.
You will be counted against the cap when you move from a cap exempt (non -profit) to for profit. I was in a similar situation when i switched jobs few months ago. There were no H-1Bs left for the fiscal year. I thus switched from a non-profit to another non - profit.