prem_goel
03-07 08:06 PM
Hello Ann,
I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.
Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.
I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.
Please advise,
Thanks
P
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.
Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.
I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.
Please advise,
Thanks
P
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
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toprasad
06-10 12:39 AM
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
lazycis
04-05 02:24 PM
I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
1. Yes.
2. No.
3. Does not matter
4. Does not matter unless you are a supervisor over a lot of people
5. Make more, of course!
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
1. Yes.
2. No.
3. Does not matter
4. Does not matter unless you are a supervisor over a lot of people
5. Make more, of course!
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kookoo
08-03 07:18 PM
Thanks
I will speak to my current and Ex-Employer let see what happens.
I hope I can get that letter back.
I will speak to my current and Ex-Employer let see what happens.
I hope I can get that letter back.
more...
walking_dude
09-07 02:22 PM
My apologies if the post was out of context. Didn't want to open yet another thread here.
I have only one E-mail id - lobbyday@immigrationvoice.com - which is being used by everyone to send their details for setting up the meetings. I don't have any other E-mail ids with me [ except the volunteer who contacted me]. Which one should I use? Lobbyday@IV or the volunteers E-mail id?
Could we just keep the focus of this thread to encourage more members to send the information required to setup the meetings on Sept 17th? Your comments may be important and you may have a valid concern, but mixing all the information and individual meeting view-points is going to create a chaos.
Walking_dude,
If you have any question, could you please simply send an email? Volunteers working on this effort are working day in and day out and they are not going to come to this thread to read your post and to answer your question. Your post is relevant, but somewhere else. It is not helping what we are trying to do on this thread. You apparently have the documents so that means you know which email to write your comments/concerns.
Hope you understand what we are trying to say.
I have only one E-mail id - lobbyday@immigrationvoice.com - which is being used by everyone to send their details for setting up the meetings. I don't have any other E-mail ids with me [ except the volunteer who contacted me]. Which one should I use? Lobbyday@IV or the volunteers E-mail id?
Could we just keep the focus of this thread to encourage more members to send the information required to setup the meetings on Sept 17th? Your comments may be important and you may have a valid concern, but mixing all the information and individual meeting view-points is going to create a chaos.
Walking_dude,
If you have any question, could you please simply send an email? Volunteers working on this effort are working day in and day out and they are not going to come to this thread to read your post and to answer your question. Your post is relevant, but somewhere else. It is not helping what we are trying to do on this thread. You apparently have the documents so that means you know which email to write your comments/concerns.
Hope you understand what we are trying to say.
bfadlia
02-21 12:31 PM
your browser might be getting the old one from cashe
more...
jayleno
12-15 03:44 PM
:D Nice find. Does it really say where he is from or where the wife has to go in case of the husband being laid off in 4 months time? It just says the person was born in India. I really dont want to extend this...please stop responding.
Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??
Read line 2 of this thread, OP says he is EB3-India , so why should he not send his wife to India ??
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chapper
11-11 03:29 PM
http://img216.imageshack.us/img216/338/workinprogress2xj2.th.jpg (http://img216.imageshack.us/my.php?image=workinprogress2xj2.jpg)
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gcdreamer05
01-09 12:29 PM
Anotehr question in thsi regard, say ur I-94 expired and you applied for and got h1 renewal, and the new I-797 has the new I-94 in it, so we cut it from there and staple it to our passports ???
And when we leave the country we surrender both the I-94s ???
And when we leave the country we surrender both the I-94s ???
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qplearn
11-20 08:05 PM
The email id for 60 minutes is:
60m@cbsnews.com
After sending email, put a post here so we know how many emails have gone.
60m@cbsnews.com
After sending email, put a post here so we know how many emails have gone.
more...
needhelp!
03-24 12:43 PM
Call them at: 1-800-433-8850
hot en Un sitio del bajo fondo,
Munshi75
09-27 05:49 PM
Try in any universities for a job or even in schools .I am sure you will come across an ample of opportunities. Pay may not be attractive nevertheless, will you keep to afloat .
And next option would be (if have your GRE Valid), apply in some small schools for a similar but different program now and take admission in Jan 08. Search for small schools only.
Hope this would help . Try first option , bet u will find soon.
And next option would be (if have your GRE Valid), apply in some small schools for a similar but different program now and take admission in Jan 08. Search for small schools only.
Hope this would help . Try first option , bet u will find soon.
more...
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arjun007
02-07 10:17 PM
No .. I did not submit my i-94 while leaving for Canada...
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cox
October 22nd, 2005, 05:24 PM
Not my usual thing, this is a first attempt at studio shooting. A friend is starting a preseved flower business and needs some photos to get started. My backdrops consisted of some fabric purchased at the local store, my dining table, and a PVC frame and welding clips to hold them up. :) Any comments/critique welcome.
http://www.dphoto.us/forumphotos/data/933/wreath_on_velvet_102205_JP8X5693.jpg
http://www.dphoto.us/forumphotos/data/933/medium/rose_centerpiece_102205_JP8X5688.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/medium/blue_rose_vase_closeup_102205_JP8X5682.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/wreath_on_velvet_102205_JP8X5693.jpg
http://www.dphoto.us/forumphotos/data/933/medium/rose_centerpiece_102205_JP8X5688.jpg (javascript:;)
http://www.dphoto.us/forumphotos/data/933/medium/blue_rose_vase_closeup_102205_JP8X5682.jpg (javascript:;)
more...
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ilikekilo
04-13 06:47 PM
Hello All,
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
my 2 cents
probably long shot, but can he ask his existing employer to give a EVL based on his old labor, not asking you to lie or whatever, howwever, U r suggesting to USCIS that besides the technical job he does which is mentioned in the EVL he also "wears a hat of MMgr" or whatever...hope it makes sense...
I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.
These are my friend's details --
EB3 -- India.
I140 approved in July 2007.
485 filed in July 2007.
MS in Engg from USA.
MBA in Finance from top ten school in USA.
Has applied for couple of patents in tech field.
Author of few papers in tech field.
My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.
What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.
Also suggested were EB2-NIW and self-employment options.
What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?
I really appreciate all your replies. Pl treat this as very urgent.
Thanks.
my 2 cents
probably long shot, but can he ask his existing employer to give a EVL based on his old labor, not asking you to lie or whatever, howwever, U r suggesting to USCIS that besides the technical job he does which is mentioned in the EVL he also "wears a hat of MMgr" or whatever...hope it makes sense...
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Alabaman
01-19 08:57 PM
Nothing is going to get done in Congress anymore.
more...
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pmat
01-31 02:18 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
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smahwal
08-26 12:09 PM
I have been noticing soft LUDs on my EAD and 485. The EAD was issued about 2 months ago and I have had 2 soft luds on that and on the 485 in the last week.
Any ideas on what that means?
Any ideas on what that means?
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DallasBlue
09-26 09:14 PM
Check out the local chapter messages on how to call in.
when
02-29 12:42 PM
^^^^
leoindiano
03-17 10:45 AM
and years too...I am talking about cases with india-2004-PD only.
EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...
EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...
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