perm2gc
08-24 11:49 AM
My question is, can she transfer her H1-B from company A to company B without any employment history and or pay stubs from company A?It depends on how USCIS will treat your wife case..
She may/not get the transfer .
Under what cisrcumstances can my wife start working for company B?
Company B doesnot allow sub contracting and the only way going forward is H1-B transfer.
Only after Approval from Company A or Transfer to Company B
Adding to this company A is not cooperative and they know about an outstanding job offer from company B.
If company A doesnot provide employement and or pay starting OCT 1, will not company A be voilating the rules by holding an H1-B applicant?
Yes you can complain agianst them with DOL or USCIS.
Can such conditions be applied to effect a transfer from company A to company B?
USCIS is DEPT OF MYSTERIES..you never know..
She may/not get the transfer .
Under what cisrcumstances can my wife start working for company B?
Company B doesnot allow sub contracting and the only way going forward is H1-B transfer.
Only after Approval from Company A or Transfer to Company B
Adding to this company A is not cooperative and they know about an outstanding job offer from company B.
If company A doesnot provide employement and or pay starting OCT 1, will not company A be voilating the rules by holding an H1-B applicant?
Yes you can complain agianst them with DOL or USCIS.
Can such conditions be applied to effect a transfer from company A to company B?
USCIS is DEPT OF MYSTERIES..you never know..
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Winner
01-28 07:48 AM
I've had a similar experience recently.
Chase Bank denied my loan (used car). But a local Fifth Third bank approved it with a good rate (4.34% for 3 yrs).
So the key is to go to local banks or credit unions.
Agreed! Credit unions are the way to go...not only for loans, but even for regular banking.
Chase Bank denied my loan (used car). But a local Fifth Third bank approved it with a good rate (4.34% for 3 yrs).
So the key is to go to local banks or credit unions.
Agreed! Credit unions are the way to go...not only for loans, but even for regular banking.
kshitijnt
06-03 01:16 PM
Congrats! I know the feeling. My mom got a 10 yr visa almost 9 years ago and she has come twice so far but unfortunately my brother was refused when he applied with my mom. We still need to figure out how to get him a visa so he (and now my sis-in-law too) can come over to visit..
You may not like what I say but DOS does not usually give visas to siblings unless they are coming here on their own.
You may not like what I say but DOS does not usually give visas to siblings unless they are coming here on their own.
2011 why do i love you so much
bharol
07-13 11:33 AM
Hi
i guess i am one of the fortunate ones who will fall under the june 2006 cut-off.
i have a question. can someone explain to me, what will happen next.
i mean to my 485. last chkd it was in name-chk.
will i b allotted a visa no. in august? and what happens if my 485 is pending and lets say the september visa bulletiin-eb2 is retrogressed? will i still be able to take advantage of this PD openeing or not?
pls. advise, i am unclear about this. i am planning to change employers, but with this new development, i want to know what the next steps will be.
thanks
How did you find yours is in NameCheck?
i guess i am one of the fortunate ones who will fall under the june 2006 cut-off.
i have a question. can someone explain to me, what will happen next.
i mean to my 485. last chkd it was in name-chk.
will i b allotted a visa no. in august? and what happens if my 485 is pending and lets say the september visa bulletiin-eb2 is retrogressed? will i still be able to take advantage of this PD openeing or not?
pls. advise, i am unclear about this. i am planning to change employers, but with this new development, i want to know what the next steps will be.
thanks
How did you find yours is in NameCheck?
more...
indyanguy
01-12 12:19 PM
anyone?
quizzer
07-05 09:44 PM
Sheila Murthy and Attorney Aron spoke in the call on 4th.
They talked about the gross injustice done to all applicants by the revision of VB and urged everyone to file their 485 even though it is going to rejected. This will give them opportunity to be a plaintiff in the law suit, which was the major subject in the call.
2 important points:
Since each case might get scrutinised more in detail if you are a plaintiff, folks who think their case might have some grey area (any criminal offense, out of status issues..) or anything that they think might harm the case shouldn't join it. If the case is given a "class action" status (decided by the Judge) then everyone who got rejected will benefit otherwise only the plaintiff's will benefit if the case is successful.
Aron quoted 3 class action law suits against USCIS which were succesful in the past decade. Ofcourse there were no gurantee's that AILF will win.
Fyi, Attorney Murthy is in the director's board in AILA.
Any idea about tentative dates when AILF will file the case?
when will we get to know if its a class action suit or not?
thanks
They talked about the gross injustice done to all applicants by the revision of VB and urged everyone to file their 485 even though it is going to rejected. This will give them opportunity to be a plaintiff in the law suit, which was the major subject in the call.
2 important points:
Since each case might get scrutinised more in detail if you are a plaintiff, folks who think their case might have some grey area (any criminal offense, out of status issues..) or anything that they think might harm the case shouldn't join it. If the case is given a "class action" status (decided by the Judge) then everyone who got rejected will benefit otherwise only the plaintiff's will benefit if the case is successful.
Aron quoted 3 class action law suits against USCIS which were succesful in the past decade. Ofcourse there were no gurantee's that AILF will win.
Fyi, Attorney Murthy is in the director's board in AILA.
Any idea about tentative dates when AILF will file the case?
when will we get to know if its a class action suit or not?
thanks
more...
belmontboy
05-15 03:16 PM
Thanks.
After getting the renewal notice, should I send the documents in mail or go to DMV in person?
Which is faster and better?
Thanks
it would have instructions.
I renewed mine online. Hassle free and painless
After getting the renewal notice, should I send the documents in mail or go to DMV in person?
Which is faster and better?
Thanks
it would have instructions.
I renewed mine online. Hassle free and painless
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pitha
07-05 06:06 PM
is your attorney mathew oh :D
That's as per my attorney...
My 485 application reached the USCIS within the first 2 hours of July 2, so I am already a plaintiff in the lawsuit...however my attorney just sent out an email to all of his impacted clients..
If they would want to benefit from any injunctive relief that may be granted by the judge from the lawsuit, you must have attempted a 485 filing in the month of July and have received a rejection notice from the USCIS.
Not giving out all the details of my attorney's email, my attorney is very confident that both the USCIS and DOS have violated at least 2 INA laws....and have blatantly denied our normal processing rights under the US constitution..by their updated July 2nd bulletin..
There is no reason, why this lawsuit should not have a favorable outcome for all of us impacted...
That's as per my attorney...
My 485 application reached the USCIS within the first 2 hours of July 2, so I am already a plaintiff in the lawsuit...however my attorney just sent out an email to all of his impacted clients..
If they would want to benefit from any injunctive relief that may be granted by the judge from the lawsuit, you must have attempted a 485 filing in the month of July and have received a rejection notice from the USCIS.
Not giving out all the details of my attorney's email, my attorney is very confident that both the USCIS and DOS have violated at least 2 INA laws....and have blatantly denied our normal processing rights under the US constitution..by their updated July 2nd bulletin..
There is no reason, why this lawsuit should not have a favorable outcome for all of us impacted...
more...
GCwaitforever
06-29 10:35 AM
Hi Randall,
As long as this information is not used by spammers, it would be a useful tool. The e-mail addresses should not be revealed to public. Thanks for setting it up.
As long as this information is not used by spammers, it would be a useful tool. The e-mail addresses should not be revealed to public. Thanks for setting it up.
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waitingnwaiting
02-14 04:56 PM
Thank you IV. Do you when it will start issuing the card.
more...
regacct
12-20 08:24 AM
Many lessons to be learned from this failure....... Obama has no choice in the matter of deportation. As the executive body of the govt, he has to enforce the law - and Guiterrez's argument that Obama did not get anything in return is just wrong. Second of all, in the two years, he should have given way to peicemeal approach - especially after seeing how the Health Care had a tough time........
But that still leaves us in cold. We have to meet with lawmakers and get their support on our issues. We cannot wait for our issues to be attached to other bills without doing the ground work.
But that still leaves us in cold. We have to meet with lawmakers and get their support on our issues. We cannot wait for our issues to be attached to other bills without doing the ground work.
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srikondoji
09-14 07:16 PM
I & manish from NH will be attending our first appointment at 11 AM on monday and will then be able to see you all at the situation room.
--sri
--sri
more...
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meridiani.planum
07-17 06:32 AM
inline..
I came across this very interesting multiple 485 scenarios, but do not know what could be the best solution.
Can IV get clarification on how USCIS will approach each of these scenarios
Question 1
An applicant, who was born in India, filed an I-485 prior to August 17, 2007 based on a previously approved I-140 under EB-3. The priority date on the EB-3 was 3.31.04. A new labor certification, filed on 3.31.07, just got approved, and the job requires a MS degree. Can this individual file a new I-140 under EB-2 on October 1, 2007 and connect with the previously filed I-485?
yes you can. Google 'interfiling'. While filing the I-140 you must include a copy of old I-140 approval notice, and you will ebnd up with a PD of EB2 3/2004
Question 2
Suppose in the above fact pattern, both the EB-3 I-140 and I-485 were filed concurrently before August 17, 2007 and the I-140 is still pending. Can the applicant interfile the EB-2 I-140 on October 1 with the pending I-485?
Question 3
An applicant, who was born in India, prior to August 17, 2007, filed an EB-3 I-140 and I-485, and his wife, who was also born in India, filed her own EB-2 I-140 and I-485. Both spouses also filed as derivatives on each other�s I-485. Were they permitted to �double� file in this way? What if wife�s EB-2 moves faster and becomes current? Does husband need to withdraw his I-485 based on the EB-3 I-140 and ride as a derivative to wife�s I-140?
some lawyers recommend withdrawing one (Murthy), others (Rajiv Khanna) say its ok to have 2 pending 485s. I myself have 2 pending 485s (one on my own, other as a derivative). My lawyer says we'll either get an RFE to pick one, or USCIS will approve one and at that point the other one gets automatically nullified.
Question 4
An applicant, who was born in India, prior to August 17, 2007, filed an I-485 based on a previously approved I-140 under EB-3. His wife, also India born, filed the I-485 as a derivative. Wife plans to file EB-1 I-140 shortly. Can wife interfile this new I-140 to previously filed I-1485? If this is not possible, can wife file her own new I-485 if she has ceased to maintain underlying H-1B status after filing the initial I-485? If wife ineligible to file new I-485, does she have any options for processing her EB-1 I-140, if approved, up to permanent residency?
yes wife can interfile the EB1 into the existing petition. Both hers and yours (Derivative) petition will become EB1 (since as a derivative you derive same PD as hers)
I came across this very interesting multiple 485 scenarios, but do not know what could be the best solution.
Can IV get clarification on how USCIS will approach each of these scenarios
Question 1
An applicant, who was born in India, filed an I-485 prior to August 17, 2007 based on a previously approved I-140 under EB-3. The priority date on the EB-3 was 3.31.04. A new labor certification, filed on 3.31.07, just got approved, and the job requires a MS degree. Can this individual file a new I-140 under EB-2 on October 1, 2007 and connect with the previously filed I-485?
yes you can. Google 'interfiling'. While filing the I-140 you must include a copy of old I-140 approval notice, and you will ebnd up with a PD of EB2 3/2004
Question 2
Suppose in the above fact pattern, both the EB-3 I-140 and I-485 were filed concurrently before August 17, 2007 and the I-140 is still pending. Can the applicant interfile the EB-2 I-140 on October 1 with the pending I-485?
Question 3
An applicant, who was born in India, prior to August 17, 2007, filed an EB-3 I-140 and I-485, and his wife, who was also born in India, filed her own EB-2 I-140 and I-485. Both spouses also filed as derivatives on each other�s I-485. Were they permitted to �double� file in this way? What if wife�s EB-2 moves faster and becomes current? Does husband need to withdraw his I-485 based on the EB-3 I-140 and ride as a derivative to wife�s I-140?
some lawyers recommend withdrawing one (Murthy), others (Rajiv Khanna) say its ok to have 2 pending 485s. I myself have 2 pending 485s (one on my own, other as a derivative). My lawyer says we'll either get an RFE to pick one, or USCIS will approve one and at that point the other one gets automatically nullified.
Question 4
An applicant, who was born in India, prior to August 17, 2007, filed an I-485 based on a previously approved I-140 under EB-3. His wife, also India born, filed the I-485 as a derivative. Wife plans to file EB-1 I-140 shortly. Can wife interfile this new I-140 to previously filed I-1485? If this is not possible, can wife file her own new I-485 if she has ceased to maintain underlying H-1B status after filing the initial I-485? If wife ineligible to file new I-485, does she have any options for processing her EB-1 I-140, if approved, up to permanent residency?
yes wife can interfile the EB1 into the existing petition. Both hers and yours (Derivative) petition will become EB1 (since as a derivative you derive same PD as hers)
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ramus
08-21 02:08 PM
Cool.. Please send me your contact info in PM..
Thanks.
iam from Charlotte, NC
Thanks.
iam from Charlotte, NC
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sirinme
01-29 06:08 PM
Here is a memo USCIS came out with in December 2006 regarding H1B (extension beyond 6 years period, or for recapturing unused portion of it from a different status):
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
I had a year of my H1B left when I first used my EAD back in October 2005. When I saw the above memo, I checked with my attorney whether I could switch back to H1B. He then said it was possible. For some reason, I didn't explore that option much and continued on my EAD.
Take a look at the memo and it might clarify a thing or two for you.
http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf
I had a year of my H1B left when I first used my EAD back in October 2005. When I saw the above memo, I checked with my attorney whether I could switch back to H1B. He then said it was possible. For some reason, I didn't explore that option much and continued on my EAD.
Take a look at the memo and it might clarify a thing or two for you.
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snathan
09-15 09:08 PM
Hi,
My H1B visa application at Chennai Consulate ran into additional administrative processing requirements. I was given a pink slip stating that the visa cannot be issued until then under Section 221(g). My I-485 application has been pending since Aug 2007 and this is a regular H1B extension petition. ( In hindsight I wonder if I should not have applied for a visa at all and used my Advanced Parole to return-- only the lawyer was recommending to maintain a valid H1B if possible without much difficulty).
I have gotten the H1B stamping at Chennai Consulate for the same employer few years back. Not sure why they would require more processing now. I gave all the information requested by the interviewing visa officer and I had almost all documents in hand starting from I20, tax returns for the past 10 years, bank statements, experience letters etc etc. But were not asked for.
Does anybody know of any way of speeding up this additional administrative processing?
Can anything be done other than waiting for the passport in the mail?
Does anybody know what is being done in the name of additional administrative processing?
Thanks.
Please contact ivcoordinator@gmail.com and provide your details. We need your information to present it to the USCIS/DHS officials...
My H1B visa application at Chennai Consulate ran into additional administrative processing requirements. I was given a pink slip stating that the visa cannot be issued until then under Section 221(g). My I-485 application has been pending since Aug 2007 and this is a regular H1B extension petition. ( In hindsight I wonder if I should not have applied for a visa at all and used my Advanced Parole to return-- only the lawyer was recommending to maintain a valid H1B if possible without much difficulty).
I have gotten the H1B stamping at Chennai Consulate for the same employer few years back. Not sure why they would require more processing now. I gave all the information requested by the interviewing visa officer and I had almost all documents in hand starting from I20, tax returns for the past 10 years, bank statements, experience letters etc etc. But were not asked for.
Does anybody know of any way of speeding up this additional administrative processing?
Can anything be done other than waiting for the passport in the mail?
Does anybody know what is being done in the name of additional administrative processing?
Thanks.
Please contact ivcoordinator@gmail.com and provide your details. We need your information to present it to the USCIS/DHS officials...
more...
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mbawa2574
05-16 03:56 PM
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h1techSlave
01-04 04:09 PM
Thanks for this very informative post. One point that I wanted to mention is that after 1 year even your AP expires. So if you could face some issues, if you never left the US and come back in the last 1 year.
It is sad that these things happen despite doing everything by the book, and I do hope that the powers that be, do a better job in educating their people in the intricacies of immigration law.
That being said, as soon as I read this, I sent an email to my attorney (a large business immigration law firm), to make sure I was prepared, were I to ever find myself in such a situation.
I have included our email conversation here, if it helps anybody.
My email to the attorney's office
Their reply
That being said, I now plan to carry all 4 documents mentioned in the email above if I am going to any of the border towns, and leave the rest to the officers' good judgement, knowledge, education, and my ability to politely explain what little I know of immigration law.
:-)
It is sad that these things happen despite doing everything by the book, and I do hope that the powers that be, do a better job in educating their people in the intricacies of immigration law.
That being said, as soon as I read this, I sent an email to my attorney (a large business immigration law firm), to make sure I was prepared, were I to ever find myself in such a situation.
I have included our email conversation here, if it helps anybody.
My email to the attorney's office
Their reply
That being said, I now plan to carry all 4 documents mentioned in the email above if I am going to any of the border towns, and leave the rest to the officers' good judgement, knowledge, education, and my ability to politely explain what little I know of immigration law.
:-)
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drirshad
07-17 09:26 AM
AILA says USCIS may come out with a fix or maybe not but will announce today, check the main thread page 70-71
sanan
04-05 11:26 AM
But those two jobs don't really need specialized skills or do they?
How would you get an H1 for being a realtor/loan officer?:confused:
yes. if you have the needed qualifications on paper and there is a employer ready to sponsor you and pay you salary per market rates. (not comissions). you need a new h1b.
How would you get an H1 for being a realtor/loan officer?:confused:
yes. if you have the needed qualifications on paper and there is a employer ready to sponsor you and pay you salary per market rates. (not comissions). you need a new h1b.
qplearn
12-03 01:09 PM
There certainly should be an office for International Students as well as Asian/Indian orgs.
The office for international students deals with immigration matters and will not like to put an ad. I am quite sure of that. But the Asian students orgs may want to. I will ask them. But on second thoughts, should we be concerned with people who are coming to the US now? I think we should be concerned with those who are into their H1Bs already. They are more likely to want to become members.
The office for international students deals with immigration matters and will not like to put an ad. I am quite sure of that. But the Asian students orgs may want to. I will ask them. But on second thoughts, should we be concerned with people who are coming to the US now? I think we should be concerned with those who are into their H1Bs already. They are more likely to want to become members.
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