purmuc
03-01 01:19 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
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awi_ok
02-19 09:19 AM
Hello,
The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.
Hope this helps.
Thank you so much for the response.
T.
The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.
Hope this helps.
Thank you so much for the response.
T.
krishnam70
02-16 05:15 PM
H1 Transfer and Extention
Posted Today at 04:06 PM by eucalyptus.mp
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer . Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
For your new employer to be able to file for H1, you need all your documentation current. You can apply for a new H1 through your new employer using Premium processing and its not subject to 2009 quota. You can start working on your new project with the employer as soon as you get the receipt. You might get an RFE for H1 transfer as to the availability of the position and if that position is in a TARP funded company or industry then its going to be a pretty difficult task to get approval for ur H1.
Ideally stay with your current employer and see if you can work it out so that you get a new project through your employer only.
good luck
kris
Posted Today at 04:06 PM by eucalyptus.mp
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer . Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
For your new employer to be able to file for H1, you need all your documentation current. You can apply for a new H1 through your new employer using Premium processing and its not subject to 2009 quota. You can start working on your new project with the employer as soon as you get the receipt. You might get an RFE for H1 transfer as to the availability of the position and if that position is in a TARP funded company or industry then its going to be a pretty difficult task to get approval for ur H1.
Ideally stay with your current employer and see if you can work it out so that you get a new project through your employer only.
good luck
kris
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paskal
05-29 10:48 AM
they are decreasing from 140,000 to 90,0000....
note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.
Why?
only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)
i put up a detailed calculation for this earlier on somewhere
search for it if you are really interested.
note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.
Why?
only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)
i put up a detailed calculation for this earlier on somewhere
search for it if you are really interested.
more...
rajuseattle
02-28 11:12 PM
gckidhamal,
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
vijaysammeta
03-21 09:09 AM
How did you get to the confirmation page without the photograph being uploaded. I cannot seem to get past the photopage and it keeps throwing an application error. Which website are you using to fill in teh DS160? Thanks for a response.
more...
user
09-24 10:09 AM
No offense to op but this article is as valid as saying visa recapture will PROBABLY happen soon.
Infact if you replace economy with recapture and Bernanke with... well pick any name (Lou Dobbs ?) it would be just as reassuring.
Just seeing from my perspective... no offense intended to anyone.
Good day.
" Wait! Are you prepared for the consequences?" - Me.
Infact if you replace economy with recapture and Bernanke with... well pick any name (Lou Dobbs ?) it would be just as reassuring.
Just seeing from my perspective... no offense intended to anyone.
Good day.
" Wait! Are you prepared for the consequences?" - Me.
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nc14
08-13 02:57 PM
I am from Cincinnati Ohio and would like to be a part of the effort.
more...
harikris
06-03 12:28 AM
What stage is this reform bill in?
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dish
11-10 05:12 PM
I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.
Once you are counted in the H1 cap you don't need to be counted again to extend your H1 status. But if you went to the consulate and got an H4 visa stamp, you might need to wait again till h1 visa is available again in april 2007.
I am curious to know, how your interview went in the consulate. Because you were on H1, without working. If you were not working and not recieving paystubs you are out of status. Didn't that create problems when you change to H4 ?
Once you are counted in the H1 cap you don't need to be counted again to extend your H1 status. But if you went to the consulate and got an H4 visa stamp, you might need to wait again till h1 visa is available again in april 2007.
I am curious to know, how your interview went in the consulate. Because you were on H1, without working. If you were not working and not recieving paystubs you are out of status. Didn't that create problems when you change to H4 ?
more...
satyasaich
06-28 09:36 AM
yes.
Unless the first company cancels their H1B
Unless the first company cancels their H1B
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payur
10-16 01:39 PM
Arkbird,
You cant get into the armed forces without a GC
Don't you have to be citizen??
You cant get into the armed forces without a GC
Don't you have to be citizen??
more...
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snathan
05-19 04:41 PM
Hi,
My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
Is he out of status?
Can he show that he is on vacation till he gets a project?
Is there any other way?
Pls help.
Thanks!
Yes. He is out of status and I dont believe you can show six months as vocation. You need give the reason and proof for the long period of vocation. His employer must pay him the salary even if he is not in porject. Otherwise its illegal
My friend got his H1 last year for 2007-2008 and came to US in DEC 2007, he works for IT company. However, since he has arrived he has not been placed on a project and so no pay stub has been generated. He has been on bench for 6 months.(technically without a job but has H1)
Is he out of status?
Can he show that he is on vacation till he gets a project?
Is there any other way?
Pls help.
Thanks!
Yes. He is out of status and I dont believe you can show six months as vocation. You need give the reason and proof for the long period of vocation. His employer must pay him the salary even if he is not in porject. Otherwise its illegal
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Bpositive
02-12 09:29 PM
I spoke to the immigration contact at the MD congressman in my district. I am sending him the 'letter'. I may also set up a time to meet him. If anyone is interested in joining me, please send me a PM.
more...
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carbon
03-24 09:26 PM
If you have worked on a H1B that was from the quota and you have
never left the US for more than 1 year since then.. then you can
transfer your university H1B to company H1B (without waiting for Oct1)
I have comfirmed this with one lawyer for my situation.
never left the US for more than 1 year since then.. then you can
transfer your university H1B to company H1B (without waiting for Oct1)
I have comfirmed this with one lawyer for my situation.
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eagerr2i
10-07 09:18 AM
I looked hard at both the print and online but could not locate the WSJ article you are talking about. Do you have the URL?
more...
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mohican
05-16 11:07 AM
As the title suggest, it is meant for folks who have invoked AC21 (1-140 approved, I-485 filed & pending more than 6 months, job desc almost similar) successfully and unsuccessfully.
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
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icleric
08-07 07:32 AM
nice :) keep it up
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cache22
01-25 11:06 PM
Please consult a good lawyer
like
OH at immigration-law.com,
Carl Shusterman,
Shela murthy
Rajiv Kanna
Please refer
http://www.murthy.com/485faq.html
I have the extract from the website
Question 4. What is a travel document and do I need it?
......
......
Please note that one who is out of status is generally advised not to travel abroad until the Adjustment is approved. A person who has accrued 180 days of unlawful presence and then travels abroad would not be readmitted to the U.S. for 3 years. For a one-year accrual or more of unlawful presence, there is a 10-year bar on reentry. The advance parole document would not protect one in this situation. Since 2000, the AP contains a specific warning about the 3-year and 10-year bars. Individuals should seek attorney advice before travel if there is a possibility that they have accrued unlawful presence at any time.
*****************
I would recomend you talk with Shela Murthy or Carl Shusterman, talk to the main lawyer directly, do not talk with the junior lawyer in the firm. Ask for urgent appointment, it would cost a bit more but it is worth it. I am sure Shela Murthy will find some way for you.
Good luck
like
OH at immigration-law.com,
Carl Shusterman,
Shela murthy
Rajiv Kanna
Please refer
http://www.murthy.com/485faq.html
I have the extract from the website
Question 4. What is a travel document and do I need it?
......
......
Please note that one who is out of status is generally advised not to travel abroad until the Adjustment is approved. A person who has accrued 180 days of unlawful presence and then travels abroad would not be readmitted to the U.S. for 3 years. For a one-year accrual or more of unlawful presence, there is a 10-year bar on reentry. The advance parole document would not protect one in this situation. Since 2000, the AP contains a specific warning about the 3-year and 10-year bars. Individuals should seek attorney advice before travel if there is a possibility that they have accrued unlawful presence at any time.
*****************
I would recomend you talk with Shela Murthy or Carl Shusterman, talk to the main lawyer directly, do not talk with the junior lawyer in the firm. Ask for urgent appointment, it would cost a bit more but it is worth it. I am sure Shela Murthy will find some way for you.
Good luck
dalishi
09-02 03:34 PM
Hello:
I was on H1B and was laid off last Thursday:(
Now I am in the process of changing my status to H4 (my husband is on h1B), I heard the process takes 3-6 months. My questions hopefully someone here knows?
1. Will I be able to travel overseas back home during this 3-6 months of waiting period?
2. Can I apply for COS here in the U.S. and then go back soon afterwards and reapply H4 from the U.S. Consulate overseas when the COS to H4 is still pending here in the U.S?
3. We don't plan to stay in our current address for more than 3 months now, can I use my friend's address on the form I-539 so when the COS is approved the notice can be mailed to my friend's home? Would it cause issues when INS notice that my address on Form I-539 is different from my previous on file?
Thank you for your help!
I was on H1B and was laid off last Thursday:(
Now I am in the process of changing my status to H4 (my husband is on h1B), I heard the process takes 3-6 months. My questions hopefully someone here knows?
1. Will I be able to travel overseas back home during this 3-6 months of waiting period?
2. Can I apply for COS here in the U.S. and then go back soon afterwards and reapply H4 from the U.S. Consulate overseas when the COS to H4 is still pending here in the U.S?
3. We don't plan to stay in our current address for more than 3 months now, can I use my friend's address on the form I-539 so when the COS is approved the notice can be mailed to my friend's home? Would it cause issues when INS notice that my address on Form I-539 is different from my previous on file?
Thank you for your help!
gcdreamer05
11-25 12:03 PM
Is university h1 the same as non-proft cap exempt h1 or is it different ?
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