desi3933
03-24 08:51 AM
Hi,
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
Leave US asap and re-enter using L1 visa stamp to get back into L1 status.
___________________
Not a legal advice.
I've been in US for over a year on my L1b Visa. Last year i applied for my H1B visa and got through in the loottery. My Visa became effective Oct08. I still have net left my L1 company and nor have got my H1B Visa stamped. Its been 6 months since the VISA is effective. What should I do now, Im not getting jobs outside and also the L1 company is more secure from the job perspective. Should I just revoke my H1B or is it ok to live in the US like this?
Thanks
Leave US asap and re-enter using L1 visa stamp to get back into L1 status.
___________________
Not a legal advice.
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pankaj_singal
08-21 09:14 AM
Very well said!
"By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone..."
Pathetic - Back in India (and the Indian Consulates here in the US) - they play with our paper-work - right from when I remember - it's been one story after another...it's really frustrating.
By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone...
"By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone..."
Pathetic - Back in India (and the Indian Consulates here in the US) - they play with our paper-work - right from when I remember - it's been one story after another...it's really frustrating.
By the time we finally get our GCs', the drive, focus and amibition - all of it will be gone...
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Michael chertoff
08-07 09:12 AM
Only one so far.. i hope next month there will be big forward movement.:)
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rambo45
09-28 08:56 AM
It is possible that the employer may sue you. But since you would be finding a new job, you can always ask your new employer to give you a sign-on bonus which will be equal to or greater than the expenses demanded by your present employer.
Thats my 2 cents worth.
Thats my 2 cents worth.
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GreenCard4US
03-15 01:15 PM
My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
If anyone has gone through this please respond. Thanks.
If anyone has gone through this please respond. Thanks.
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sgupta33
08-28 04:14 PM
What kind of help are you looking for?? Its all in the IV forums about AC21... You need nothing... If you think your employer may revoke your approved I-140.. then you need to inform USCIS of your using AC21 to do a job change... If your I-140 is not approved yet.. you need to wait...
All the needed details would be in AC21 threads...
Yes, I have looked at the AC21 threads and they have been very helpful. I was hoping my current attorney could give me information on the process of transferring my H1B, the costs involved, and how long the process takes. Again, I work in the mental health area where agencies do not have immigration attorneys on staff so if I port, the new employer will not have an attorney that can help me. Thanks.
All the needed details would be in AC21 threads...
Yes, I have looked at the AC21 threads and they have been very helpful. I was hoping my current attorney could give me information on the process of transferring my H1B, the costs involved, and how long the process takes. Again, I work in the mental health area where agencies do not have immigration attorneys on staff so if I port, the new employer will not have an attorney that can help me. Thanks.
more...
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frostrated
10-26 02:07 PM
EAD is required for only working IN the country. If you want to work for a company office that is located in the US, but perform the work remotely, then you need to have a legal status in the country where you are going to stay. The taxes you pay will be in the city where the office is located, not where you perform the work remotely. Just keep your EAD and AP current, and visit the US every now and then so as not to jeopardize your 485 application.
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styrum
02-13 11:50 AM
Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM!
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
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abheja
12-21 07:25 PM
Wrong. The DS-160 is just part of the process. Consulates all over the world cannot issue visa until they can verify through PIMS. I was asked a lot of questions in the interview because my name did not appear in PIMS. At the end, the consulate said, I qualify for the VISA but their hands are tied. Consulates have no control over PIMS and according to the consulate, they send an inquiry to KCC and have to wait for them to update.
My interview was in June so I don't know if things have changed since but please consult your attorney.
My interview was in June so I don't know if things have changed since but please consult your attorney.
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meet_rayhan
08-10 06:43 PM
Hi,
I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.
My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.
Thanks,
Rayhan Khan
I have fallen through the same situation. Does any one has any estimate or any contact # to contact DOL for this kind of case? I do not have much time as my current Visa is expiring pretty soon.
My lawyer has already sent all the information to DOL and we are waiting for response. I am in a real panic mode at this time.
Thanks,
Rayhan Khan
more...
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vshar
02-24 12:45 PM
This was always my wish since he started playing.
My another wish being an EB3-I
I am watching live ODI game on TV and Sachin is batting, me sitting on the couch going through the day's mail and BINGO!!! here is my GC. :)
My another wish being an EB3-I
I am watching live ODI game on TV and Sachin is batting, me sitting on the couch going through the day's mail and BINGO!!! here is my GC. :)
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chanduv23
03-24 10:26 AM
Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
This is exactly the same language I had when I got a NOID after ac21 change. Just respond back with evidence requested and you will be fine.
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
This is exactly the same language I had when I got a NOID after ac21 change. Just respond back with evidence requested and you will be fine.
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kartikiran
06-17 05:53 PM
paulkurni,
Subscribe to google group http://groups.google.com/group/iv-dc-chapter with a mention of your IV Handle(UserID). The state chapter leader will get in touch with you, if they need further information.
For contributing please visit the link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44 for details. On the right side of the screen, you also visa, mastercard icons and you can click them to donate.
Please excuse my ignorance as I joined IV recently. Please tell me how do I join state chapter. I reside in DC metro suburbs.
I am glad that we are at least thinking in this direction. Please let me know how can I contribute. Have we formed any regional leaders who can perhaps guide us. If so, I would like to get in touch with the ones in my area. Any other information I need to know.
Subscribe to google group http://groups.google.com/group/iv-dc-chapter with a mention of your IV Handle(UserID). The state chapter leader will get in touch with you, if they need further information.
For contributing please visit the link http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44 for details. On the right side of the screen, you also visa, mastercard icons and you can click them to donate.
Please excuse my ignorance as I joined IV recently. Please tell me how do I join state chapter. I reside in DC metro suburbs.
I am glad that we are at least thinking in this direction. Please let me know how can I contribute. Have we formed any regional leaders who can perhaps guide us. If so, I would like to get in touch with the ones in my area. Any other information I need to know.
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keith_in_us
04-11 07:03 PM
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.
Thanks!
Keith
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.
Thanks!
Keith
more...
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sparky_jones
05-07 12:23 PM
Some are of the opinion that filing AC21 draws unnecessary attention & scrutiny of your application (apparently which would not happen if you do not file AC21).
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
But I found this article from Murthy.com to be conclusive on this matter.
MurthyDotCom : Risk of GC Rescission for Failure to Notify Change of Job / Employer! (http://www.murthy.com/news/n_risres.html)
Filing AC21 is the safest approach -- I guess there is no need worry if the papers are in line.
I continue to be amazed at how much opinion differs on this matter among the immigration lawyers community. If you ask Ron Gotcher, he would come out guns blazing telling you that you are nothing short of a fool inviting trouble if you pro-actively inform USCIS of job change under AC21. He claims to have seen "monster" RFEs result from such notifications, causing unnecessary and avoidable pain. On the other hand, Murthy is strongly in support of such notification, claiming that they haven't seen any additional RFEs from such notification, and that it's best to inform USCIS of job changes. They give the example of avoidance of future GC rescission as the motivation.
So, who's telling the truth? Maybe Ron has a point. Maybe Murthy encourages AC21 notification because it brings additional business to them. Or maybe Ron is blowing hot air..and Murthy is right. Who knows...
At the end of the day, it boils down to you. Who do you want to trust?
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franklin
10-22 11:56 PM
Can we please close this thread? There are already several going
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vactorboy29
10-09 10:17 AM
Visitor visa/Business visa for Germany .I have plan business trip to Germany but to get visa, German consulate web site saying they will need visa stamp in passport. My visa stamp in passport is expired and I had use AP for my last entry.
Does any have done European visa with above condition .Please share your thoughts?
Thanks
Does any have done European visa with above condition .Please share your thoughts?
Thanks
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rally
07-19 10:23 AM
Could you please comment on the above?
Thanks
Thanks
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lazycis
02-12 03:42 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
vbkris77
12-27 02:25 PM
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Existing stamping is good even if the employer is changed. But for your unique situation, contact your lawyer..
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Existing stamping is good even if the employer is changed. But for your unique situation, contact your lawyer..
waiting4gc
06-29 01:18 PM
My lawyer asked me to use A# on OPT card as the A# on my 485 application. USCIS does not normally assign A# when 140 is approved. There are only rare scenarios when it does that. Please use the A# on your opt card so that USCIS can easily find your records from the student days.
I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept
Should I use the OPT A# everywhere on the application?
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept
Should I use the OPT A# everywhere on the application?
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
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