rsharma
10-11 09:42 PM
Now that you have left your abusive employer, would you mind disclosing your ex-employer information?
Friend, this issue is not only with my ex employer. As far I know most of the major consulting companies based in my native country who bring in L1s do the same stuff as the creator of this thread had reported.
I was with one of the major consulting companies from my native country.
Friend, this issue is not only with my ex employer. As far I know most of the major consulting companies based in my native country who bring in L1s do the same stuff as the creator of this thread had reported.
I was with one of the major consulting companies from my native country.
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bsbawa10
09-06 03:30 PM
Many thanks Americandesi, a very nice list. I want this to keep building up. If we can have specific instances with dates and individual experiences, it can help a lot. Please post
addsf345
12-30 03:01 PM
I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
Ajay, did you receive 3 years of H1 extension? I am in my 5th year of initial H1B. wondering if I will receive 3 years extension when I file for H1B transfer with an approved 140. I am changing jobs using AC21 to join a new employer.
Let me know your exp. Did you also get new I-94 attached with H1B ext approval notice?
2011 Vampire Knight Yuki Cosplay 01
phillyag
01-23 12:38 PM
We should see how PERM came into being. Who helped PERM become a reality.
If we can leran from the past and use that to puch for the future improvements in immigration policies for both for the country as well the immigrants
If we can leran from the past and use that to puch for the future improvements in immigration policies for both for the country as well the immigrants
more...
roseball
04-20 09:24 AM
You should file for amendment before your current I-94 expires....If you already have a I-94 from Kaplan, do it asap...Your lawyer should have known better....
msyedy
01-10 02:06 PM
Hey BacktoSchool
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
If you have EB3 2002 labor approved( I have not seen that in your post) now.
If the above statement is true, then File another labor in EB2 through perm which will be approved in 6 months.
Get I-140 of both EB3 and EB2 labor approved via premium.
USE EB3 priority with the EB2 labor, that means you can file for I-485 and get EAD because the proprity date EB2 category is accepting is Jan-2003 and your priority is June 2002.
Think on this, ask your employer and lawyer, couple of my friends are doing this.
In max six months time you will be eligible for I-485
more...
raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
2010 Vampire Knight Day Class Girl
morchu
04-23 01:51 AM
NO. It shouldn't create an issue. The key is to "have the guarantee of a same or similar position available for you on permanent basis" at the time of RFE. How many jobs you changed before that is not of a concern.
But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.
Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.
The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
But t is very important that you act quickly. When you deal with a big employer, the bureaucratic delays can kill weeks quickly, and you will find getting late for your RFE reply.
Contact the employer with "permanent offer" and let them know of the urgency, get in touch with their lawyer, and get the letter framed ASAP. You dont even have to start working with them before sending the letter.
The other option is to get the "employment verification" from your current consulting employer. The only advantage I see here is "probably" time.
Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..
more...
Madhuri
11-07 04:59 PM
Your exp. MUST be before you joined the petitioning company.
Lawyer seems to care only about getting fees.
I spoke with my lawyer again and he said that we are fine using the experience on my current job. The company that is petitioning my application is where I got most of the experience mentioned in my labor. What do you recommend I do at this point ?
I will try and talk to another lawyer and get their views on this issue. Can I retain my priority date and file under perm at this stage. I am so stressed, I waited four years for my labor and it is about to go to hell. :mad:
Lawyer seems to care only about getting fees.
I spoke with my lawyer again and he said that we are fine using the experience on my current job. The company that is petitioning my application is where I got most of the experience mentioned in my labor. What do you recommend I do at this point ?
I will try and talk to another lawyer and get their views on this issue. Can I retain my priority date and file under perm at this stage. I am so stressed, I waited four years for my labor and it is about to go to hell. :mad:
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delhikadesi
05-01 01:38 PM
Don't tell the world that you r a linebreaker
more...
anandrajesh
12-18 10:40 PM
bumping this back up
MN members, please post here and join us
we have only 9 people so far
there are surely more of us
Are we gonna have a concall sometime soon to discuss?
MN members, please post here and join us
we have only 9 people so far
there are surely more of us
Are we gonna have a concall sometime soon to discuss?
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visaspirant
10-22 10:40 AM
If the company has revoked the H1 prior to the start date does she still needs to apply for H1 to H4?
In her case, company has not revoked the H1 yet.
In her case, company has not revoked the H1 yet.
more...
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larmani
09-04 12:58 PM
Our Lawyer contacted National Service Center and got some inquiry number starts with WTCXXXXX and expecting a response in 45 days? Is this same as Service Request? Will this help? I already took infopass appointment and met an IO. The IO was saying both of my I-140s are in the same file as 485. But my question is how would they choose my application when USCIS did not port the priority?? Anybody in this situation please help!!
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sjhugoose
January 6th, 2004, 10:01 AM
One other suggestion! YOu may want to build a "bird mask" using the select color tool. and then apply that above the NI'd image.
This will some of the noise in the bird but will add detail in the bird. The select color range tool will give a semi transparent selection so it will kind of give you the best of both worlds than a straight select tool.
Also you could use Q and do a qick mask then use a semi transparent brush to select the bird to do the same things as color range select.
Scott
This will some of the noise in the bird but will add detail in the bird. The select color range tool will give a semi transparent selection so it will kind of give you the best of both worlds than a straight select tool.
Also you could use Q and do a qick mask then use a semi transparent brush to select the bird to do the same things as color range select.
Scott
more...
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hopefulgc
09-15 04:03 PM
good idea.. see you at 9:30 on wednesday
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ysramu
03-31 02:09 PM
previously when entering on AP, they used to ask for receipt of 485.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
Thank you for the response. I asked my Attorney all but my change of employment, since he represents my employer, and I still haven't decided on my new employer, little cautious this time.
so main proof they look for is a valid 'inprogress' 485 appln.
i dont think theyll ask ur wife to show her EAD card at the port of entry.
to be safe, give her a cpy of 485 reciept, a copy of the receipt for the new EAD, and carry the old ead card. i think u shud be fine.
having valid , nonlapsed EAD cards is probably only imp for those who are USING the ead. if ur wife is not working and if her ead arrves few weeks late, it wont matter as long as u have applied for its renewal and have proof of it.
this shud be an easy qn for ur attorney.
Thank you for the response. I asked my Attorney all but my change of employment, since he represents my employer, and I still haven't decided on my new employer, little cautious this time.
more...
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palemguy
09-16 10:47 AM
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
girlfriend Yuki from Vampire Knight
belmontboy
12-16 07:12 PM
Hello Friends,
I am travelling to INDIA on Jan 28, 2009.
I am booking Lufthansa Airlines, travelling via Munich to Delhi.
Visa on passport is expired but I do have approval of H1B till 2010.
Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.
Thanks in advance.
TWOV (Transit Without Visa):
Visa required, except for Those transiting to a third country
by the same or first connecting flight without leaving the
transit lounge. Warning: Transit only possible at Frankfurt,
Munich, Hamburg and Dusseldorf Airports, see conditions below.
- Nationals of India may use the TWOV facility mentioned
above if holding a residence permit for U.S.A.. (SEE NOTE
5151)
NOTE 5151: This TWOV facility also applies for the return
travel provided it is one journey and return travel has
been commenced on or prior to the expiry date of the visa
or residence permit.
- Nationals of India may use the TWOV facility mentioned
above if being admitted for residence in the U.S.A.,
holding Authorization for Parole of an Alien into the
United States together with a national passport endorsed
with I-551 stamp AND:
- travelling to/from the U.S.A.; or
- travelling to country of nationality. (SEE NOTE 5151)
NOTE 5151: This TWOV facility also applies for the return
travel provided it is one journey and return travel has
been commenced on or prior to the expiry date of the visa
or residence permit.
- Conditions: TWOV available, provided passenger:
- is properly ticketed with a confirmed reservation for the
connecting flight; and
- within 24 hours, through Frankfurt, Munich; OR
- on the same day between 04:30 and 23:30 through Hamburg;
OR
- on the same day between 06:00 and 21:00 through
Dusseldorf, (inbound carrier must provide prior notice to
authorities by fax: +49 211 421 37100 or SITA Telex
DUSOVXH).
And:
- is arriving and departing from/to non-Schengen country;
and
- holds all travel documents required for entry into
country of destination.
Additional Information:
- Visitors must hold visible means of support, onward/return
tickets and/or other documents required for next
destination.
I am travelling to INDIA on Jan 28, 2009.
I am booking Lufthansa Airlines, travelling via Munich to Delhi.
Visa on passport is expired but I do have approval of H1B till 2010.
Do I need transit Visa? Did anybody travelled this route lately? Do you knowbody who has expereinced this lately.
Thanks in advance.
TWOV (Transit Without Visa):
Visa required, except for Those transiting to a third country
by the same or first connecting flight without leaving the
transit lounge. Warning: Transit only possible at Frankfurt,
Munich, Hamburg and Dusseldorf Airports, see conditions below.
- Nationals of India may use the TWOV facility mentioned
above if holding a residence permit for U.S.A.. (SEE NOTE
5151)
NOTE 5151: This TWOV facility also applies for the return
travel provided it is one journey and return travel has
been commenced on or prior to the expiry date of the visa
or residence permit.
- Nationals of India may use the TWOV facility mentioned
above if being admitted for residence in the U.S.A.,
holding Authorization for Parole of an Alien into the
United States together with a national passport endorsed
with I-551 stamp AND:
- travelling to/from the U.S.A.; or
- travelling to country of nationality. (SEE NOTE 5151)
NOTE 5151: This TWOV facility also applies for the return
travel provided it is one journey and return travel has
been commenced on or prior to the expiry date of the visa
or residence permit.
- Conditions: TWOV available, provided passenger:
- is properly ticketed with a confirmed reservation for the
connecting flight; and
- within 24 hours, through Frankfurt, Munich; OR
- on the same day between 04:30 and 23:30 through Hamburg;
OR
- on the same day between 06:00 and 21:00 through
Dusseldorf, (inbound carrier must provide prior notice to
authorities by fax: +49 211 421 37100 or SITA Telex
DUSOVXH).
And:
- is arriving and departing from/to non-Schengen country;
and
- holds all travel documents required for entry into
country of destination.
Additional Information:
- Visitors must hold visible means of support, onward/return
tickets and/or other documents required for next
destination.
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ras
08-01 10:37 AM
one of the stories posted on the thread about lawyer negligence.
[B]Hi ,
One of my cousin was working for a consultant firm from 5.5years and their company lawyer filed his labor in 2005.Whenever he called his lawyer for status checking,lawyer always replied that his case is pending.When he checked his case status online last week,he came to know that his case was closed.Reason was lawyer did not respond to notices from uscis in october and november 2006.And whenver my cousin emailed his lawyer, lawyer always responded only over phone and not by emails.So can anyone suggest,as to how to go about this case?Does he need to sue his employer or lawyer for misleading?Is this the master trick of employer or lawyer?And now no option for substituted labor too!Can his case be reopened again or will he have to file his labor again?
[B]Hi ,
One of my cousin was working for a consultant firm from 5.5years and their company lawyer filed his labor in 2005.Whenever he called his lawyer for status checking,lawyer always replied that his case is pending.When he checked his case status online last week,he came to know that his case was closed.Reason was lawyer did not respond to notices from uscis in october and november 2006.And whenver my cousin emailed his lawyer, lawyer always responded only over phone and not by emails.So can anyone suggest,as to how to go about this case?Does he need to sue his employer or lawyer for misleading?Is this the master trick of employer or lawyer?And now no option for substituted labor too!Can his case be reopened again or will he have to file his labor again?
GVR
02-01 01:19 PM
I completed the landing process in mid-Dec. We entered Canada by road. One advice - do not complete any of the forms, the Imm officer would do it in your presence. In our case, there were no issues/ questions related to the fact that we were providing a friend's address for mailing the PR card. We received the cards two days ago.
Do make sure you have the required docs to return to the US! You are right, the immigration processes are simpler and more straightforward in Canada, compared to those in the US.
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
Do make sure you have the required docs to return to the US! You are right, the immigration processes are simpler and more straightforward in Canada, compared to those in the US.
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
ItIsNotFunny
03-28 10:23 AM
For my recent H1B extention for 7th year extention, I have come across strange situation.
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.
I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.
what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.
I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?
Thanks
Saurav
I don't think you were out of status as you filed before your previous H1 expires.
My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.
I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.
what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.
I would appereciate any input on this.
If this makes me out of status , is there a way to fix this by contacting USCIS again ?
Thanks
Saurav
I don't think you were out of status as you filed before your previous H1 expires.
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