raysaikat
04-29 04:13 PM
It against the law to work in one country and get paid in another
Where did you get this info? Could you please point out a reference that says so?
Where did you get this info? Could you please point out a reference that says so?
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setpit_gc
08-13 02:09 PM
What if that company not willing to offer any employment or no longer exists?.
sidbee
02-22 12:37 PM
I am not a lawyer , and this is not a legal advise.
According to my study , and talk with some lawyers .. Yes it could be same.
But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.
Eg .
You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.
Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.
Talk to Ur attorney about the points i mentioned.
According to my study , and talk with some lawyers .. Yes it could be same.
But if the Job description is same (not more than 50% different) , then u cannot use the experienced gained in the previous job with the same employer.
Eg .
You had 7 years of experience , and u worked as a software engineer (which required BS + 3 years of exp in c), and Ur company filed Ur GC in eb3.
Now u get promoted to Senior Software Engineer (which required BS + 6 years of exp in c),Now if u had 6 years of exp in c before joining this company in the previous job. you should be eligible to file in EB2 based on Ur previous work ex.
Talk to Ur attorney about the points i mentioned.
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garybanz
10-28 01:43 PM
I got the I-797 approval notice in mail but no card yet. I heard CARD takes few weeks.
How long did it take for the I-797 after the approval of 485? Which service center was this at?
How long did it take for the I-797 after the approval of 485? Which service center was this at?
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gc_samba
07-17 05:03 PM
Thank you I appreciate your response
No minimum period is necessary and firing will not have any negative impact.
No minimum period is necessary and firing will not have any negative impact.
mbartosik
03-12 03:33 PM
I am in ROW, EB2 if they processed the interfiling, EB3 if not, with a PD of Dec 2002, and receipt date of 5 May 2007.
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
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needhelp!
10-25 12:57 PM
bump
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karthiknv143
06-25 01:37 PM
Regarding affidavits, scanned copy is good enough.
Regarding passport, it might be an issue. My company & my friend's company asked to renew the passport if it is less than 6 months of expiry time.
You still have time to renew. Just a matter of 2days work if you go directly to the Indian consulate.....
Regarding passport, it might be an issue. My company & my friend's company asked to renew the passport if it is less than 6 months of expiry time.
You still have time to renew. Just a matter of 2days work if you go directly to the Indian consulate.....
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saratswain
11-05 04:08 PM
Hi, I had a similar case and I could port it. My case was
EB3 -> 06/2004
EB2 -> 08/2006
(Same employer, Texas center)
Last year in August when EB2 PD for 2004 was current my attorney sent a letter to USCIS. She mentioned that we can only send the letter when EB2--6/2004 is current. I inquired about the letter with USCIS few times but to no avail. This year when the PD becomes current I opened an SR on Aug-18th,2009 and the case got approved on Sept-1st.
I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.
Has anyone had any success with Texas Service Center for this kind of request recently?
EB3 -> 06/2004
EB2 -> 08/2006
(Same employer, Texas center)
Last year in August when EB2 PD for 2004 was current my attorney sent a letter to USCIS. She mentioned that we can only send the letter when EB2--6/2004 is current. I inquired about the letter with USCIS few times but to no avail. This year when the PD becomes current I opened an SR on Aug-18th,2009 and the case got approved on Sept-1st.
I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.
Has anyone had any success with Texas Service Center for this kind of request recently?
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stylepoet
10-29 01:02 PM
I can't find any reference on this forum to E2 investors. We are the skilled, motivated entrepreneurs who come here, invest heavily, employ citizens and have no path to permanent residence. Our children must return to their country of origin at age 21, regardless of how long they have lived here. We ourselves must renew our visas regularly and live in fear of denial.
E2 investors need support in our quest for reform. Is there any room in your organization for us? We will go anywhere and do anything to raise awareness of the injustice of the current immigration laws. The DREAM Act was (thankfully) defeated yet again and should continue to be defeated until it includes all immigrant children, not just illegals.
Those of us who come here legally should be at the top of the list when it comes to reform. Can we band together to make our voice even louder?
E2 investors need support in our quest for reform. Is there any room in your organization for us? We will go anywhere and do anything to raise awareness of the injustice of the current immigration laws. The DREAM Act was (thankfully) defeated yet again and should continue to be defeated until it includes all immigrant children, not just illegals.
Those of us who come here legally should be at the top of the list when it comes to reform. Can we band together to make our voice even louder?
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redcard
01-19 01:08 PM
Here is my understanding:
Situation 1-
1. Get New Visa Stamped:
If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.
Situation 2
2. No New Visa Stamped and entering on the old visa
I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..
Hope this helps..
Situation 1-
1. Get New Visa Stamped:
If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.
Situation 2
2. No New Visa Stamped and entering on the old visa
I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..
Hope this helps..
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flyingninja
10-29 03:57 AM
Hi,
I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.
Petitioner Documents:
1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
2. Petitioners Income Tax Return for the last two tax years and financial statements.
3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
From the visa applicant:
1. Certified copies of your comp academic credentials.
2. Evidence of previous work experience in the petitioned field.
3. Evidence of extension of legal status in the U.S.
4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)
I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.
Knowing this, could someone please advise me what are my options?
1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?
I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.
Petitioner Documents:
1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
2. Petitioners Income Tax Return for the last two tax years and financial statements.
3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
From the visa applicant:
1. Certified copies of your comp academic credentials.
2. Evidence of previous work experience in the petitioned field.
3. Evidence of extension of legal status in the U.S.
4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)
I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.
Knowing this, could someone please advise me what are my options?
1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?
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srarao
07-23 12:22 PM
Fedex receipt.
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Legal
07-19 10:19 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
you won't be in the "similar" occupation...don't know if you can get away with it.
you won't be in the "similar" occupation...don't know if you can get away with it.
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kaisersose
07-28 09:52 AM
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
It depends on the type of H-1 approval you have.
1. If it was applied as COS, then it will have an I-94 attached to it. This means on Oct 01, your status will change from L to H and you can no longer work for your L employer.
2. If it was approved as "visa to be issued abroad", then it is not valid until you get a H visa stamped at some Consulate.
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roseball
07-20 05:47 PM
This is news to me also. Once my current H1 expires I'm also planning to work on EAD and change to H4. One attorney adviced me to do that so that in case something happens to our I-485, I'll be on H4 and be still on status in this country to appeal for an MTR.
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
The reason why this is a grey area is because USCIS has no means of tracking whether you maintained a valid H4 status (did not work) or used your EAD (put EAD info in form I-9)from your pending I-485. So they keep extending your H4 status whenever it is requested as a supplement to primary beneficiary's H1 extension. But as with any other case, its always upto the applicant to prove his or her valid immigration status in the country. As far as the rules go, you can either be on H4 status and not work, or work on EAD and be in AOS status. Hope this helps...
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Nikhil2
03-21 08:02 AM
Does anybody have more comments on this case?
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satyasaich
03-16 12:45 PM
expect an RFE in a month or two. Also fill in your profile to help others...
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
Why he should expect an RFE in a Month or Two ?
Any rational reason ?
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GCKaMaara
04-07 04:52 PM
I am planning to go on a Hawaii cruise on the Norwegian Cruise line ship (Pride of America) which is registered in the US. My H1-B visa has expired but my I-94 is valid. The Cruise ship only visits islands in Hawaii and embarks/disembarks in Hawaii.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Call me stupid but I thought Hawaii is part of US only.
Do I need to worry about my visa stamping or just the Passport with valid I-94 and drivers license should suffice?
Any help will be greatly appreciated!
Call me stupid but I thought Hawaii is part of US only.
ak_2006
05-05 06:04 PM
On home page clikc on forums. Then select a topic. You should see new thread there.
Thanks for the quick reply...Got it.
Thanks for the quick reply...Got it.
needhelp!
10-22 11:09 AM
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