sri1234
05-15 05:18 PM
Hi Sri,
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
Don't panic. This is NOT the end of your immigration journey. You are covered by AC-21, so if you find a job in a similar occupation with another employer, you can certainly take it. Your employer should seriously consider appealing the denial in order to preserve its reputation and to continue to employ H-1 workers.
If you have reason to believe that your employer might not be fully compliant with immigration laws, particularly as they relate to labor certifications and I-140's, you would be most protected if you changed employers
Ann
Thanks a bunch Ann. I really appreciate your help.
Thank you IV.
You made my friday.
Thanks,
Sri
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johnykah1
01-18 07:18 PM
My case is like this....
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
vjkypally
07-20 02:34 PM
well my responsibility would change from technical to more managerial stuff, in that case I can not move EAD?
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saravanaraj.sathya
08-19 10:33 PM
Guys plz respond....
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kaisersose
07-17 01:28 PM
Not to pressure you or anything, it would be great if you can post what you know....you may not be 100% certain....that is fine.
anyluck?
06-19 02:36 PM
Thanks for the reply.
more...
reddy77
12-16 05:40 PM
Hello Immi Gurus,
My wife's Advance Parole is approved and we moved to the new address on the same day they mailed the document, I have updated the Address with USCIS online after couple of days. Its been 10 days and I still didn't get Advance Parole to my old Address, been checking with the present owners about the mail. They have removed our name from the slip which is inside the mail box. I am not sure whether post office returned it or still didn't get the document.
Please advice whats the next step, Should I wait for couple of more days and then call the USCIS? In case, if the document is returned to USCIS, how difficult is to get the document again to the new Address, we are planning to go to India soon.
I would really appciate if someone could update me on this. Thanks so much ....
My wife's Advance Parole is approved and we moved to the new address on the same day they mailed the document, I have updated the Address with USCIS online after couple of days. Its been 10 days and I still didn't get Advance Parole to my old Address, been checking with the present owners about the mail. They have removed our name from the slip which is inside the mail box. I am not sure whether post office returned it or still didn't get the document.
Please advice whats the next step, Should I wait for couple of more days and then call the USCIS? In case, if the document is returned to USCIS, how difficult is to get the document again to the new Address, we are planning to go to India soon.
I would really appciate if someone could update me on this. Thanks so much ....
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martinvisalaw
09-28 09:49 PM
Your mother must rely on the I-94 and file an extension if she wants to stay more than 3 months. The extension can be filed any time before the I-94 expires.
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cagedcactus
10-19 09:08 AM
Welcome to the Land of the freeeeeeee.
They call it Democracy....
They call it Democracy....
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chanduv23
09-07 01:52 PM
I sent this to Tri State Chapter - good stuff Jazz
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waitin_toolong
07-18 07:25 PM
you are correct .
You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case
You can file AOS for her mention both her current H4 status and also inxclude a copy of H1 notice just in case
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Beemar
09-20 09:45 PM
Don't read too much into it. Somebody might just be doing trivial mass updates (like moving your info from one database table to another ;)), and you will get a soft LUD.
Seriously, I had a hobby before I got my GC (I got approved last Saturday only). I have registered all my previous approved and expired h1b petitions into the case status online system. Some of them are as old as year 2002. I frequently get soft LUDs on them. One of my petition was approved it 2002. It expired in 2004. And yet, I still get soft LUD on this petition every 3 month or so. The last one was in the month of June this year.
So I really don't think there is much significance of a soft LUD.
Seriously, I had a hobby before I got my GC (I got approved last Saturday only). I have registered all my previous approved and expired h1b petitions into the case status online system. Some of them are as old as year 2002. I frequently get soft LUDs on them. One of my petition was approved it 2002. It expired in 2004. And yet, I still get soft LUD on this petition every 3 month or so. The last one was in the month of June this year.
So I really don't think there is much significance of a soft LUD.
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rajaa100
06-18 04:43 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
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purplehazea
03-27 03:13 PM
Out of personal experience of stories from other people I understand that generally most people do not have any problem while going for stamping outside the country. Subject to the fact that I am not an attorney and that you should consult one, here is my no guarantee advice:
Ensure that you have all the paper work and that you do not have any period of illegal stay;
Ensure that you go for stamping long before your visa validity runs out.
Again this is purely based on what I have noticed in my personal experience. Some people do get unlucky but overall it is better to go to a non-indian consulate and especially avoid Madras consulate.
Ensure that you have all the paper work and that you do not have any period of illegal stay;
Ensure that you go for stamping long before your visa validity runs out.
Again this is purely based on what I have noticed in my personal experience. Some people do get unlucky but overall it is better to go to a non-indian consulate and especially avoid Madras consulate.
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NNReddy
07-06 11:31 AM
Did anyone apply for visitor visa extension on medical grounds
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chanduv23
02-21 10:57 AM
I heaard you can work for multiple employers on multiple h1b's part time but one job must always be fulltime.
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javacool2008
07-18 01:12 PM
After the show down of the USCIS and all the high skilled immigrats. USCIS posted that they are withdrawing the July 2nd board. This is great news.
I have filed my I-485, I-131, and I-765, and they reached USCIS by July 13th. According to the new board, USCIS will no long reject them.
So what will happen from now on? What is the procedure after this?
I guess this might be a newbie question. If someone can post some answers for me, it will be very helpful.
Thanks
I have filed my I-485, I-131, and I-765, and they reached USCIS by July 13th. According to the new board, USCIS will no long reject them.
So what will happen from now on? What is the procedure after this?
I guess this might be a newbie question. If someone can post some answers for me, it will be very helpful.
Thanks
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rkdownload
09-10 11:18 PM
One of my friend left US for India in March 2006 with pending H1b extension. Applied for Visa stamping for existing petition which was due to expire in July 2008. Could not get his visa stamped due to 221g. Now his H1b extension is pending as USCIS is asking too much in RFE like client certificate etc and his sponser is not willing to persue further due to complexities (His employer is one of the following companies mentioned in http://durbin.senate.gov/showRelease.cfm?releaseId=295338) and asked him to assume this relationship to be terminated. Though he recieved the email yesterday his 221g is cleared.
Infact his I140 is also approved last week. I was wondering what options he has if he wants to come back to US.
Thanks
raj
Infact his I140 is also approved last week. I was wondering what options he has if he wants to come back to US.
Thanks
raj
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nshantha
08-31 10:09 AM
Any suggestion please..
jonnalagedda
06-24 07:11 PM
I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
Are there any risks here?
Are there any risks here?
gccube
06-15 03:55 PM
It was applied in April at TSC and it was a substitution case.
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