bnaravindan
11-11 12:31 PM
Here is my case
I came to US in Aug 2005 on F1 and My I-94 was till Duration of study.
I graduated and my OPT was from April 27th 2008 till April 26th 2009
MY company applied for my H1 on April 1st 2009 and got it approved starting Oct 1st 2009 ...but i got I 797 B ( which does not have an I-94 and is H1 approval without change of status) instead of I 797A.
I 797 B is H1 approval without change of status, My employer applied for amendment on May 2009, but again i got I 797 B instead of corrected I 797 A with a start date of october 1st. Same thing happened 3 times and now i got I 797 B again and my company says that they are going to file for the change of status again but its already November and i dont know what to do.Wanted to know if somebody has gone through the same situations and If i go to India(Chennai) for stamping what would be the problem.
what should i answer if visa officer ask's me about what have you done from April 28th 2009 tilll October 2009 and as you were not in OPT or in H1b why did you stay in US...
I came to US in Aug 2005 on F1 and My I-94 was till Duration of study.
I graduated and my OPT was from April 27th 2008 till April 26th 2009
MY company applied for my H1 on April 1st 2009 and got it approved starting Oct 1st 2009 ...but i got I 797 B ( which does not have an I-94 and is H1 approval without change of status) instead of I 797A.
I 797 B is H1 approval without change of status, My employer applied for amendment on May 2009, but again i got I 797 B instead of corrected I 797 A with a start date of october 1st. Same thing happened 3 times and now i got I 797 B again and my company says that they are going to file for the change of status again but its already November and i dont know what to do.Wanted to know if somebody has gone through the same situations and If i go to India(Chennai) for stamping what would be the problem.
what should i answer if visa officer ask's me about what have you done from April 28th 2009 tilll October 2009 and as you were not in OPT or in H1b why did you stay in US...
wallpaper War of the world aliens War of
martinvisalaw
12-22 12:03 PM
You don't say when the change of status (COS) to H-1B took effect. I assume it was 10/1/09, if you were subject to the H-1B cap. If you have not worked for the H-1B employer, then you are unfortunately out of status now and any COS would probably be denied. If you have a valid H-4 visa, you could leave the US and re-enter showing the H-4 visa to return to H-4 status.
IneedAllGreen
12-11 01:05 PM
Whereas appeal to I-140 is 21 month delay so I assume that I-140 will take its own sweet time. But What about appeal to I-485 which is current. Am I going to get any response on I-485 appeal process soon?? Anyway thanks for sharing your experience with me.
When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
Mine is already crossed 12 months now.
Hope this helps.
When 140 is denied, then 485 is also denied. Appeal going to AAO is common thing. Will sit there forever. Its takes approximately 12-20 months to get a reply.
Mine is already crossed 12 months now.
Hope this helps.
2011 Office of the Provost Marshal
marco
08-20 08:25 PM
Do you have seperate last names?
more...
Blog Feeds
03-19 10:40 AM
U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.
The fiscal year cap (numerical limitation on H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master�s degree or higher are exempt from the H-1B cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.
We recommend employers to hurry up and get all the necessary documents in order to meet the April 1, 2010 deadline.
Read the Press Release here.... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5b29dd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2010/03/uscis_to_accept_h1b_petitions.html)
The fiscal year cap (numerical limitation on H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master�s degree or higher are exempt from the H-1B cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.
We recommend employers to hurry up and get all the necessary documents in order to meet the April 1, 2010 deadline.
Read the Press Release here.... (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5b29dd1d5fd37210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
More... (http://www.visalawyerblog.com/2010/03/uscis_to_accept_h1b_petitions.html)
cooolvick
08-14 03:23 PM
Thanks for the reply.
Is it ok to recapture the old priority date which was in EB3 category in current I140 (EB2 category)?
Will it affect the I140 approval anyways?
Vikram
Is it ok to recapture the old priority date which was in EB3 category in current I140 (EB2 category)?
Will it affect the I140 approval anyways?
Vikram
more...
eb3retro
03-22 03:52 PM
Hi,
I have AOS and was recently laid off from my job. As I haven't found another job by the removal-from-payroll deadline, my H1B will expire. My question is, once I get my EAD, can I apply for a new H1B. The motivation is that I can bring a spouse over on a dependant visa only on H1B but not on AOS. How should I work this out?
Thanks
update ur profile.
I have AOS and was recently laid off from my job. As I haven't found another job by the removal-from-payroll deadline, my H1B will expire. My question is, once I get my EAD, can I apply for a new H1B. The motivation is that I can bring a spouse over on a dependant visa only on H1B but not on AOS. How should I work this out?
Thanks
update ur profile.
2010 one of the aliens from War
Tommy_S
04-08 06:14 PM
Smooth. Keep up coming. =)
more...
rameshk75
09-03 01:52 PM
From the I-131 instructions document, find the list of docs required:
- I131 application
- copy of 485 receipt
- Copy of Driver's license
- Copy of I94
- Copy of H1 - I797 Approval Notice
- 2 Photos (A# and Name on back side with pencil)
- Check ($305) to U.S. Department of Homeland Security
- Send the application based on where you LIVE
Am i missing anything?
- I131 application
- copy of 485 receipt
- Copy of Driver's license
- Copy of I94
- Copy of H1 - I797 Approval Notice
- 2 Photos (A# and Name on back side with pencil)
- Check ($305) to U.S. Department of Homeland Security
- Send the application based on where you LIVE
Am i missing anything?
hair worlds alien. war
axp817
04-08 01:00 PM
There was a soft LUD (LUD - but no change in status) on my approved I-140 on 4/3/2008. I am not as excited as I am curious/conerned though. I work for the sponsoring employer and the employer wouldn't have revoked my I-140, just in case anyone was wondering.
more...
dwl800
07-20 09:56 AM
I applied for H1B and Green Card Simultaneously in 2002. My first H1B expired in 2005. I am working on EAD. My questions are--
If I decide to change jobs and apply for H1B with the new company, am I subject to the QUOTA?
If I change jobs( in similar field) to another state in another service center, how is my case transfered to TSC from NSC?
Please reply.
If I decide to change jobs and apply for H1B with the new company, am I subject to the QUOTA?
If I change jobs( in similar field) to another state in another service center, how is my case transfered to TSC from NSC?
Please reply.
hot war of the worlds aliens.
josecuervo
06-22 03:53 PM
thanks all for answering
more...
house pictures the war of the worlds
WAIT_FOR_EVER_GC
06-28 03:37 PM
Obama to Meet With Grass-Roots Groups on Immigration Reform
Roll Call:
President Barack Obama on Monday afternoon will meet with grass-roots advocates to discuss comprehensive immigration reform, the White House announced.
Election Strategy.. nothing else.
This has been happening for days now.
Take it easy policy
Roll Call:
President Barack Obama on Monday afternoon will meet with grass-roots advocates to discuss comprehensive immigration reform, the White House announced.
Election Strategy.. nothing else.
This has been happening for days now.
Take it easy policy
tattoo the war of the worlds aliens.
bzuccaro
11-08 04:40 PM
H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
more...
pictures The War of the Worlds,
gchopes
10-13 11:16 AM
I am talking about working for two different companies at the same time.
Company A - US - Paid in USD on H1B
Company B - India - Paid in Rupees.
Ok to do the above?
that's how infy, wipro, tcs work...they get ppl here on H1 and get paid in dollars....once they go back to india, they get paid in rupees....u need h1 if ur in the US.
Company A - US - Paid in USD on H1B
Company B - India - Paid in Rupees.
Ok to do the above?
that's how infy, wipro, tcs work...they get ppl here on H1 and get paid in dollars....once they go back to india, they get paid in rupees....u need h1 if ur in the US.
dresses In a prior post I made the
gcpool
02-23 02:00 PM
From my experience The people at the national center have no idea whats happening when compared to the guys at the specific centers. The national centers issues generic solutions. (Say fill a form and wait for 45 days. If after 45 days there is no answer they again send the form, etc) If you really want to know more or get proper action, the people at the specific centers will have to be contacted.
The old way to get to the specified center is back. Dont listen the messages, just press the order of the buttons and it will work.
The old way to get to the specified center is back. Dont listen the messages, just press the order of the buttons and it will work.
more...
makeup pictures War of the Worlds
satyasaich
04-03 03:41 PM
In case of an RFE for I140 premium processing, can the company respond via Fax or
do they need to send the response via Fedex etc;
For all Premium Processing cases, the service center first sends a fax to the number provided in the I-907 premium processing request form before mailing the hard copy of the RFE. So your lawyer/employer might have already received the fax...Check with them...
do they need to send the response via Fedex etc;
For all Premium Processing cases, the service center first sends a fax to the number provided in the I-907 premium processing request form before mailing the hard copy of the RFE. So your lawyer/employer might have already received the fax...Check with them...
girlfriend Cinema#39;s Greatest amp; Ugliest
lonedesi
09-22 02:17 PM
USCIS Expands I-140 Promium Processing to EB-1B (Outstanding Researcher) & EB-2 (Except NIW) Effective Next Monday, 09/25/2006
USCIS is scheduled to accept I-907 Premium Processing Request for Outstanding Researcher I-140 Petitions and Advanced Degree or Exceptionary Ability I-140 Petitions beginning from Monday, September 25, 2006. The categories of I-140 petitions which are excepted from the premium processing services are: EB-1A (Extraordinal Worker), EB-1C (Multinational Corporate Executive/Manager), EB-2(NIW).
USCIS is scheduled to accept I-907 Premium Processing Request for Outstanding Researcher I-140 Petitions and Advanced Degree or Exceptionary Ability I-140 Petitions beginning from Monday, September 25, 2006. The categories of I-140 petitions which are excepted from the premium processing services are: EB-1A (Extraordinal Worker), EB-1C (Multinational Corporate Executive/Manager), EB-2(NIW).
hairstyles to War of the Worlds.
samswas
06-13 03:31 PM
Even if it is after I-485 1 year pending, I should get it for 2 years, because my I-485 filing date is July 2nd!
DDash
08-16 09:06 PM
http://www.david-ware.com/
He is very knowledgeable with non-profits, esp. with universities.
He is very knowledgeable with non-profits, esp. with universities.
skmurthy
05-28 01:34 PM
Hi All,
Please help me to take proper decision.
I am working in US on H1B visa and my employer is ready to file for my GC in EB2.
Secondly, my father is a Green card holder and can apply for citizenship in early 2010. I have following questions:
Please note I am unmarried
1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen? if so, will the priority date be same or it will be new once converted to F1 category.
2. Can I apply for both family based and employment based in parallel? if it is not possible which path should I select? Will the employment based GC will be faster of family based? Its tough to decide in this economic times as we dont know how long our job will last.
Would appreciate your help and suggessions.
Thanks,
Sam
Please help me to take proper decision.
I am working in US on H1B visa and my employer is ready to file for my GC in EB2.
Secondly, my father is a Green card holder and can apply for citizenship in early 2010. I have following questions:
Please note I am unmarried
1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen? if so, will the priority date be same or it will be new once converted to F1 category.
2. Can I apply for both family based and employment based in parallel? if it is not possible which path should I select? Will the employment based GC will be faster of family based? Its tough to decide in this economic times as we dont know how long our job will last.
Would appreciate your help and suggessions.
Thanks,
Sam
No comments:
Post a Comment