maverick13
04-19 07:18 PM
My H1B was filed with job title "RF Engineer" which comes under "Electrical Engineering" in 2004. My first 3-year term on H1 expires this year end and employer needs to file for renewal for next 3-year term.
My LC as well as 140 were applied and are approved for the position of "Electronics Engineer" which is my current position.
Essentially Electronics Engineer position is a superset of RF Engineer/Electrical Engineer positions, job duties are pretty much the same.
So now when I apply for my H1B renewal/extension does employer have to write the current position (Electronics engr) or the position on which H1B was filed first (RF engr)?
Any inputs appeciated...
My LC as well as 140 were applied and are approved for the position of "Electronics Engineer" which is my current position.
Essentially Electronics Engineer position is a superset of RF Engineer/Electrical Engineer positions, job duties are pretty much the same.
So now when I apply for my H1B renewal/extension does employer have to write the current position (Electronics engr) or the position on which H1B was filed first (RF engr)?
Any inputs appeciated...
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raysaikat
07-08 12:10 PM
yes,
You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).
I think it is not quite correct. The dependent should be able to do consular processing if she is not in US.
You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).
I think it is not quite correct. The dependent should be able to do consular processing if she is not in US.
sp76
06-20 04:46 PM
If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.
Just wanted to add more to above question: Is 5 months enough time remaining in H1 to get stamping from India?.
Can I use my advaanced parole document once I get it if my visa gets rejected in India?
Just wanted to add more to above question: Is 5 months enough time remaining in H1 to get stamping from India?.
Can I use my advaanced parole document once I get it if my visa gets rejected in India?
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veni001
03-31 12:40 PM
What happens if your previous employer cancel the approved I140 before the new company files the for I140. I think you need at least 7-8 months to get Labor approved. I am pretty sure by that time, the old employer will cancel the approved I140. I am taking about big Consulting companies here where you can not negotiate to keep the I140 open after you resign.
Thanks in advance
If the old employer withdraw his petition (that's what most employers do to be on safe side, in this economy) before new employer's i-140 approval then you can not port old priority date.
Thanks in advance
If the old employer withdraw his petition (that's what most employers do to be on safe side, in this economy) before new employer's i-140 approval then you can not port old priority date.
more...
mali03
05-25 08:13 AM
Called Larry Craig's office!
wandmaker
08-17 12:39 AM
I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.
Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?
4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?
5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?
Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.
I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -
Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.
Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?
4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?
5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?
Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.
I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -
Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.
more...
freddy22
07-20 12:59 AM
what if he is charged with 2 misdemenaors as a YOUTHFUL OFFENDER?
is the law not that these are NOT grounds for deportation proceedings?
is the law not that these are NOT grounds for deportation proceedings?
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xyz2005
08-08 07:55 PM
My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards
My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.
In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible
Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards
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monkeyman
01-29 06:06 PM
Just sit tight - It will take them around 7 to 8 months to issue the GC. You should also receive the EAD card soon and hopefully it will be the last EAD Card.
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bindoke
01-21 10:48 AM
This rumour sounds like its straight out of timesofindia :p;)
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ashkam
04-02 10:46 AM
you dont have to marry. just remain as illegal and they will GC sooner.
I know you're kidding, but I don't think Mr Sebastian knows that. It's kinda dangerous to tell him he'll get his GC by remaining illegal. Just my opinion.
I know you're kidding, but I don't think Mr Sebastian knows that. It's kinda dangerous to tell him he'll get his GC by remaining illegal. Just my opinion.
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cox
April 3rd, 2005, 08:39 PM
The filter is an excellent suggestion, Gary - I prefer to do things in-camera. I did not take later shots, so I can't sandwich them. The reds were extremely short lived, and clouds were moving in (and it was freezing), but I'll remember to get a couple of different exposures for next time.
Thanks for the recommendation, QJ. I'll get out my map and find it.
I'll try your dual processing suggestion, Kevin, but my PS skills are weak compared to some of our resident masters here. ;)
Thanks for the recommendation, QJ. I'll get out my map and find it.
I'll try your dual processing suggestion, Kevin, but my PS skills are weak compared to some of our resident masters here. ;)
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nandakumar
03-06 09:41 PM
Faxed
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ronnie0479
08-15 11:54 PM
Hi -
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
what has indian immigration officer to do with AP and US immagration.....
Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?
I mean, do these guys know what an AP is?
Is it better to get the H1B stamping done?
I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..
what has indian immigration officer to do with AP and US immagration.....
more...
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s.m.srinivas
03-31 01:58 PM
Hi All,
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
I had H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions
Am I out of status?
Company A visa is valid till september 2009, so can I go back to Company A?
If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
What is the chances that Company B appeal for the denial and get it stamped in these situation?
What are my other options?
Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...
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hibworker
07-15 05:37 PM
Hand in all I-94 that are in your possession since last entry in to US.
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ssingh92
01-24 12:53 AM
Although reference in the text above refers to "receipt date shown on your receipt", I doubt if they really mean that. As per latest processing status, all cases with RD = July 2 should have been processed by now. Is that true? I doubt.
True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.
If I check my case online I see following
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
True Receipt Date (what service centers make reference to) perhaps is the date when they enter data in the system. In normal circumstances it should be same or close to RD printed on receipts. However, in July/Aug '07 filings several cases (including mine) were shuffled around for months, before they were entered in the system. I am a July2 filer, but my online status says "...case was received on Oct 11, 2007...". My ND is a few days later. Most likley, dates you see in your online status is what they refer to as Receive Date when publishing processing dates.
If I check my case online I see following
On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...
On Receipt Notice I-797C -Notice of Action I see following
Received Date : June 25, 2007
Notice Date : July 25, 2007
I dont know why online case status says that "On July 24, 2007, we received ...."
Do anyone of you see such date mismatch.
Thanks,
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Kalidindi
07-30 12:46 PM
I have got my case approved as well. I also received my GC cards. Thanks for all the info and Best of Luck,
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GCApplicant001
10-12 11:47 PM
friends,
Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?
I485 filled on July 31, 2007
Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?
I485 filled on July 31, 2007
GCBy3000
05-03 09:17 PM
This looks pretty high. The total count for 2004 & 2005 is 140K for India. Already the backlog center is having 300K applications out of which some 40%(guess) would be for India.
Sakthisagar
11-11 09:21 AM
I do not know whether this can be done, always consult with an attorney.
any Notarized document is as good as oringinals, Please get signed all your certificate copies showing the originals to a Notary Public, I think this should work. If you decide to send originals attach a self paid courier (Fed-ex)(to address yours) USCIS will never send back the document otherwise. I remember previously the H1B visa stamping was in US itself to get the passport back we need to send a self addressed FED-EX cover pre-paid.
Good Luck.
any Notarized document is as good as oringinals, Please get signed all your certificate copies showing the originals to a Notary Public, I think this should work. If you decide to send originals attach a self paid courier (Fed-ex)(to address yours) USCIS will never send back the document otherwise. I remember previously the H1B visa stamping was in US itself to get the passport back we need to send a self addressed FED-EX cover pre-paid.
Good Luck.
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