DSLStart
10-02 09:22 AM
If he'll be receiving his paystubs for each pay period for next three months, he should still be in status.
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.
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shar533
04-29 02:29 PM
Yesterday I came back from Vancouver after 4 day visit, using 30 day rule. My visa was expired but I-94 was still valid. CBP officer at Vancouver airport didnt create any problem. He looked at my expired visa on my old passport , my new passport and current I-94 date on I-797. Thats it. He even wandered why my old I-94 was still attached with old passport which no1 bothered to take out while I was going out of USA. So he took out old I-94 from expired passport and put a new I-94 on new passport. Thats all. He didnt bothered to ask my job letter, work details , company name etc.
indyanguy
05-08 04:15 PM
I am not sure if it's worth the hassel of trying to interfile. Since EB1 is current most of the times, it may not be worth trying to recapture the EB2 PD.
2011 Project for Daniel Johns
teky
03-25 11:31 PM
You can use follow to join to allow your wife to get an EAD after she finishes her waiver (If you have a GC by then and your PD is current). I am not sure if she can immediately file after her waiver. Any gurus please reply. Signing another contract in a waiver location is painful (after initial contract pf 3 yrs is over). Also if anybody can reply on how much time we can stay legally after the initial 3 years.
As far as issues, its a lenghty and a painful journey to a waiver job and clearance. Needs a lot of work. But once you r thru with getting a H-1b to start the job should be no issues.
Let me know if you need anything. Mine is EB3 PD-04/2002 India and still waiting.
Regards,
Teky.
As far as issues, its a lenghty and a painful journey to a waiver job and clearance. Needs a lot of work. But once you r thru with getting a H-1b to start the job should be no issues.
Let me know if you need anything. Mine is EB3 PD-04/2002 India and still waiting.
Regards,
Teky.
more...
desi3933
02-23 11:44 AM
Hey,
Thanks for the response.
One quick clarification:
a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?
b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?
c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?
Again thanks guys! Have a great day...
Shivani :)
a) Your H1 will be exempt from quota.
b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.
______________________
Not a legal advice.
US citizen of Indian origin
Thanks for the response.
One quick clarification:
a) COS from H4 to H1 B status, does'nt need me to go through the quota/lottery system etc. Am I right?, because I did hear this from some folks that I would *not* have to go through the quota since I originally had a H1 B visa with validity date. ?
b) In case of my finding an opening with new employer & shifting COS back to H1 from H4, what time frame would it take?
c) further addition to point b) what kinds of documents would I need to submit to INS for COS back to H1? any idea?
Again thanks guys! Have a great day...
Shivani :)
a) Your H1 will be exempt from quota.
b) Since you were on H1 status before, you can start working immediately after getting receipt for COS from H4 to H1.
c) Same as any H1 petition. Also, since this is COS, you must be in valid H4 status when COS to H1 is filed.
______________________
Not a legal advice.
US citizen of Indian origin
ras
08-29 01:39 AM
We have a wealth of information from A to Z on US Immigration, why dont we ourselves write articles and editorials and get them published in the News Papers, Journals, etc?
Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.
Do you folks think this a good option to pursue?
Why are we waiting for some one to come to us and take information to write articles on us. Does Newspapers check the background of authors to verify if they are citizens/non-citizens/green card holders/ H1B's. What all matters to them is quality and authenticity of the articles.
Do you folks think this a good option to pursue?
more...
BraveMadMan
07-17 11:55 PM
Totally agree. Let's relax for a few days, and then move on to tackle the issues
2010 Re: Is Daniel Johns looking
indianindian2006
04-09 12:56 PM
So far he addresses only illegals.
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chumki
12-17 03:46 PM
Got laid off but found a new job and working on EAD.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
Status :
I-485 pending over 180 days
I-140 approved and employer will not revoke I-140 and I-485
Received EAD and AP.
Question is now:
1. Do I MUST send a AC-21 Job Portability MEMO to USCIS with the new employer info and job details ?
2. Or, Do i just do nothing for now and will send USCIS a Portability Memo ONLY-IF they issue a RFE?
3. What are the advantage and disavantage of sending a Portability Memo to USCIS after I-485 is pending for 180 days and I-140 approved with previous employer?
I am very confused.
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narendra_modi
03-04 10:07 PM
i smoke GANZA..pl. mind your business..
Bidi, I guess.
Bidi, I guess.
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HRPRO
02-09 01:31 PM
You will have to file an amended petition to be in compliance.
The PW could be different and you can check that on the OES website at flcdatacenter.com
Hope this helps.
The PW could be different and you can check that on the OES website at flcdatacenter.com
Hope this helps.
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pthoko
07-05 03:15 PM
Thanks, I've not been able to do any work today after this thing got into my mind. I got my labor approved and I-140 is pending...
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shawine
07-17 06:16 PM
Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..
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martinvisalaw
04-19 02:44 PM
Hopefully you can address the CIS concerns about where you were working by showing that the I-140 is for a future position, and it is irrelevant (for permanent residence) where you worked in the past. However, your past locations are relevant in showing whether or not you maintained H-1B status, and can also suggest that the employer's labor cert for one specific location is incomplete, if it traditionally moves employees around and if it disn't say multiple locations on the labor cert and I-140.. Good luck.
more...
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raysaikat
08-28 05:09 AM
Hello,
I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
Sonia
You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.
I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
Sonia
You need to get another H1-B from the new employer. You will not be subjected to quota. Otherwise there is no issue since you are in your home country.
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Jaime
09-06 04:42 PM
UK and other countries in Europe must be smoking pot to think that they tap into the pool of skilled migrant workers returning from US. These people are returning back to their home countries primarily due to the recent advancements in their own countries, and to some extent due to the GC & visa mess in US.
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)
more...
makeup are a sign of anorexia.
bfadlia
03-18 09:37 AM
thanks everyone for their suggestions.I know the clock is ticking and I am gonna decide today itself. I have all documents prepared from last year and I missed the quota.
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
I did. And I think they were proficient and fast.
They sent me forms and a list of the documents they needed, i mailed to them and it was done in a few days.
Did any one used http://www.usavisanow.com/ for their H1B filing.
I am waiting for some reference from any of senior membere here who have used their service
Thanks
I did. And I think they were proficient and fast.
They sent me forms and a list of the documents they needed, i mailed to them and it was done in a few days.
girlfriend Daniel Johns talks about Freak
j751
07-17 03:19 PM
Karanp25 I know where you come from...and honestly seems like you've got a worm up your axx... You deserve to get laid on a block of ice and get your axx whipped....
hairstyles #39;favo#39;-Ana: Daniel Johns
rameshvaid
08-07 03:07 PM
I did the same with my family in 05. Pretty simple. Go for it. Good Luck. Make sure MARK YES to the question of Your Status in Canada as Permanent Landed Immigrant while filling up the form for H1 intervies at American Embassy.
dilbert_cal
02-09 02:01 AM
I have a question to concerning my employment status. My manager recently told me that I should look out for a new job within company or outside. I am assuming he is saying that a layoff is looming out for me. I am currently on H-1B/EAD and my wife is also working on EAD.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
I doubt you will be allowed to take LOA. The company still has obligations on you when you take LOA - like employee insurance, medical premium, etc. How big the company is also matters. If the company is small and you have the right connections, this may possibly work but I doubt so still.
Your best bet will be to look for another job and take the AC21 route.
I can inquire about the prsopects of getting leave of absence which will help me in getting through the immigration process since my priority date is Feb. 18,2005 EB2 India. So I am almost there.
But I am not sure what happens if there is a RFE asking for paystubs.In that case I may not be able to produce paystubs from my company since I am on LOA. And not from any other company since I have an H-1B, I cannot be working for any other company also.
So which is better, LOA or termination of job? Hard choice..
I doubt you will be allowed to take LOA. The company still has obligations on you when you take LOA - like employee insurance, medical premium, etc. How big the company is also matters. If the company is small and you have the right connections, this may possibly work but I doubt so still.
Your best bet will be to look for another job and take the AC21 route.
kaisersose
01-02 02:03 PM
All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
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