reddymjm
08-10 09:53 AM
As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.
My Approved H1 B petition does not have change of status i.e 1-94.
I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.
As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.
My question is:
If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?
Please suggest me the better approach.
My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.
Regards
As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.
Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.
If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.
I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.
Need more PM me.
Good luck.
My Approved H1 B petition does not have change of status i.e 1-94.
I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.
As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.
My question is:
If for some reason, I have not issued H1 visa at Canada consulate,
Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?
Please suggest me the better approach.
My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.
Regards
As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.
Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.
If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.
I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.
Need more PM me.
Good luck.
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joydiptac
08-17 06:09 PM
Thanks for your reply..
Can anyone else share there views....
"Plan and direct " are the key words here. Being in the same space, I know it is similar. But don't take my word for it.
Can anyone else share there views....
"Plan and direct " are the key words here. Being in the same space, I know it is similar. But don't take my word for it.
sk.aggarwal
11-02 06:08 AM
Call your employer and ask him for all these documents. These are agreements between your employer and client. He should have these.
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stirfries
03-21 06:16 PM
Hi Stirfries
I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!
Thanks for your response, there might be light at the end of the tunnel..!!!
I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !
In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...
Dear XXXXX -
1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.
Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.
Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)
Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!
Good Luck !!!
I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!
Thanks for your response, there might be light at the end of the tunnel..!!!
I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !
In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...
Dear XXXXX -
1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.
Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.
Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)
Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!
Good Luck !!!
more...
Sunx_2004
10-05 03:17 PM
Any one have any more info. on this type of case, Please share.
In my opinion you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
In my opinion you should be OK.
I think since you have filed I-485 you are in adjustee status so you need not even be working for the company that filed your GC.
Since your co. got acquired the new co. will have to do a H1 transfer and if USCIS raises any RFE regarding your I-485 app then the new co. can respond on behalf of the old co. with a letter saying that they have acquired the original filer co.
If you get called for an interview at the time of GC approval then again you can take a letter of job offer from the new co. along with the letter of acquisition and you should be OK.
a_yaja
10-11 05:02 PM
hi ,
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
Is he threatening to sue you or your employer? If it is your employer, then it is really not your problem. Depending on the way the contract was worded between your employer and the "middle vendor", the "middle vendor" may have grounds to go after your employer. But like I said before, it has nothing to do with you.
As others have mentioned in this forum, the "middle vendor" cannot go after you as there is no contract between you and the "middle vendor". Even if there was, it would hardly stand in a court of law.
Here is my situation.
(employer) -> (middle vendor ) -> prime vendor -> (End client ).
I am working to a client in california in the above mentioned order. After 1 year we got rid of middle vendor and prime vendor is working with my employer directly . Now middle vendor is threatning me that he can sue me for breaking the line of contract .
i dont understand ho can even its possible as i never signed any document with middle vendor and he is not even my employer . He is just acting as middle layer by showing prime vendor that i am his employee which is wrong. now we removed him from line of contract and he is saying that he will sue all of us for doing this.
is there any way that he can even do this ?
- Thanks in advance.
Is he threatening to sue you or your employer? If it is your employer, then it is really not your problem. Depending on the way the contract was worded between your employer and the "middle vendor", the "middle vendor" may have grounds to go after your employer. But like I said before, it has nothing to do with you.
As others have mentioned in this forum, the "middle vendor" cannot go after you as there is no contract between you and the "middle vendor". Even if there was, it would hardly stand in a court of law.
more...
jyothu
07-18 04:19 AM
The only way he can get more H1B is by staying out for 1 year, especially since he is already in India. In order to take advantage of the 485 filing, he MUST be on a legal status in the U.S. His legal status does include being your dependent, i.e L2 or H4 (if you are on H1B). Basically, in order to do that, he has less than a month to obtain a dependent visa and move to the U.S. This would mean that he would have to trade the possibility of getting an H1 with that of receiving an EAD in a few months.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
Also note that the H1 visa quota is full for 2007 and 20008 as of now. So, it is not a guarantee that he can get an H1 visa even for next year. Perhaps he could fly here on a dependent visa, not work for a few months until he gets an EAD and then resume his career in the U.S.
In any case, I would strongly urge you to consult an attorney immediately.
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senthil
06-15 12:52 PM
as july VB states all EB categories for india is current, is there a chance ( or even worst case scenario ) where the dates can retrogess in the middle of month anytime ?
in other words can we take it for granted that the dates will NOT move back till the last working day of july 07
any ideas / inputs ?
in other words can we take it for granted that the dates will NOT move back till the last working day of july 07
any ideas / inputs ?
more...
prolegalimmi
03-27 03:11 PM
If someone has a good flow of the English Language, we can write a letter to the editor.
http://www.csmonitor.com/2006/0327/p01s03-uspo.html
http://www.csmonitor.com/2006/0327/p01s03-uspo.html
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sxv7392
12-11 01:22 PM
I really appreciate what the CORE team is doing. I just found out about this a few weeks ago and I see lot of thing happening. I am willing to help in any way possible. I need some direction..............................
more...
sk.aggarwal
05-22 11:26 PM
This is because, you dont need to file two I-129s. Don't worry, USCIS hope fully will give you one year+ 4 days extension... provided you have client letter for such.
BTW, last year, I specifically asked my attorney, if we need to file two h1s - one for recapture and another one for 7th year extension. And she told me only one is enough...
BTW, last year, I specifically asked my attorney, if we need to file two h1s - one for recapture and another one for 7th year extension. And she told me only one is enough...
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Jaime
02-03 04:17 PM
Either the account of Jaime has been hacked or there is some problem with the forum showing the number of your post count incorrectly.
Thanks, this is me, I am asr. member, I just have been away for a while due to work
Thanks, this is me, I am asr. member, I just have been away for a while due to work
more...
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mena
11-26 03:03 PM
I asked my Lawyer and she told me it's
NSEERS is the official name of the special registration program
and I have to show the proof that I registered during special registration. It's something started back in 2001. I think I didn't send my old I-94 and passport copies on which there is a stamp that I did went for that registeration.
So have provided that information to my Lawyer. I hope it covers what USCIS is asking for.
Thanks
NSEERS is the official name of the special registration program
and I have to show the proof that I registered during special registration. It's something started back in 2001. I think I didn't send my old I-94 and passport copies on which there is a stamp that I did went for that registeration.
So have provided that information to my Lawyer. I hope it covers what USCIS is asking for.
Thanks
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bogy
05-25 01:31 AM
Hi Guys
I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??
Thanks! :)
I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??
Thanks! :)
more...
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lskreddy
03-17 03:12 PM
Cigna did for me. They gave a full reimbursement for my wife and a partial for me. I just used the forms they had on their website and the doctor's receipts.
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MetteBB
05-12 12:48 PM
**font perhaps?
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
Wouldnt the white blend in with the background perhaps? *Just a thought
I will have a look at it though... Thanx for the comments
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
Wouldnt the white blend in with the background perhaps? *Just a thought
I will have a look at it though... Thanx for the comments
more...
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sri1309
01-10 03:17 PM
We need more attention. Economy and all., they are going to be there, but I am sure US doesnt want to loose by delaying it. These are our years where we can contribute. They dont want to send some of us back and invite us at 55-60 years as dependents on our citizen children.
Lets please not wait till the bad thing happens.. Lets imagine to be in, and act to prevent it..
BTW, when is the next bulletin coming out :).
Yes, you're fired next week,... for some reason not in anyone's control.
Lets please not wait till the bad thing happens.. Lets imagine to be in, and act to prevent it..
BTW, when is the next bulletin coming out :).
Yes, you're fired next week,... for some reason not in anyone's control.
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divakarr
09-05 08:16 AM
same here. file AP in August and got receipt. I-485 filed on July 2 and no receipt so far. called USCIS and could not find receipt number for 485.
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GreenMe
06-17 04:16 PM
Hello Leo,
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
I am not a lawyer so don't take my word ... but this is what I have heard.
Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...
You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.
Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.
Regards,
GreenMe
Eternal_Hope
04-07 10:32 AM
Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
MANY PEOPLE ARE IN A SIMILAR SITUATION.
2) If so , is there a way to get them to send me a copy of th 140 approval notice
NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
THAT'S WHAT PEOPLE SAY.
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.
AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!
Thanks
ALL THE BEST!
I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.
I would like to know the following -
1) Has someone else also faced a similar issue ?
MANY PEOPLE ARE IN A SIMILAR SITUATION.
2) If so , is there a way to get them to send me a copy of th 140 approval notice
NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
THAT'S WHAT PEOPLE SAY.
4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.
AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!
Thanks
ALL THE BEST!
roseball
04-07 09:10 PM
We didnot file MTR. As per my lawyer, MTR takes around 2-3 months and if in case MTR gets denied then the total time (from the date of denial) will considered as illegal and it will create more problems. I also went along with my wife to chennai embassy(both H1 and H4 renwal ), they just asked me my paystubs and about my company . they didnot ask my wife any questions.
I am glad that things worked out for you and others. However, I would advise not a leave the country without finding the reason for the H4 denial. If denial reasons were legitimate, then it was possible your wife would have to stay in the home country for a long long time. Others shouldn't take this as an example and follow the same course as each case is different and it might not have a happy ending as it did in this case.
I am glad that things worked out for you and others. However, I would advise not a leave the country without finding the reason for the H4 denial. If denial reasons were legitimate, then it was possible your wife would have to stay in the home country for a long long time. Others shouldn't take this as an example and follow the same course as each case is different and it might not have a happy ending as it did in this case.