TeddyKoochu
06-25 02:21 PM
Hi Gurus / Attorneys,
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.
With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.
With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.
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spicy_guy
03-31 06:18 PM
congrats! Enjoy your Freedom with Green :-)
A LONG way to go for us. Maybe a decade. For EB3
A LONG way to go for us. Maybe a decade. For EB3
greenguru
03-31 03:26 PM
Yes. I applied for EB2 again in Jan 2009 and ported from EB3 to EB2.
So that is why it took me so long
So that is why it took me so long
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PlainSpeak
02-24 09:21 AM
Hi,
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
For clarification .....
Which company do you work? I only ask because i thought Programmer/Analyst and Sr Programmer/Analyst are only eligible for EB3. I was one more step ahead Apps Dev Cons (which is a system manager postion) and that was also consIdered EB3
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
For clarification .....
Which company do you work? I only ask because i thought Programmer/Analyst and Sr Programmer/Analyst are only eligible for EB3. I was one more step ahead Apps Dev Cons (which is a system manager postion) and that was also consIdered EB3
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bikram_das_in
10-20 06:15 PM
Any violator of US immigration law is prohibited from entering USA for 10 years. Your wife may apply for for green card after 10 years. You will be a citizen by then, so things should be easy. Ask a lawyer if you have a better option.
pappusheth
05-01 11:40 PM
I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.
Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
Thanks.
pappusheth
Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
Thanks.
pappusheth
more...
dollar500
08-03 10:16 AM
Why again it's stuck around May 2001. Somebody mention about the new law now at that time they were able to do concurrent filing. Not quite clear now!
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desigun
04-26 05:41 PM
Only yesterday i called up to check for my mom, who will be coming to US from India. The CS rep clearly told me that she is allowed 2 X 50 lbs and 1 Carry on (18lbs) in her journey.
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StuckInTheMuck
07-15 01:08 PM
If your wife has given the EAD info to her employer (may be through W-9 form), then she does not have to report the change of status to USCIS, rather the employer is responsible for the notification.
I guess you meant I-9 form, and yes, this is correct AFAIK. The employer should contact USCIS about it.
I guess you meant I-9 form, and yes, this is correct AFAIK. The employer should contact USCIS about it.
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purplehazea
01-14 11:57 AM
Dude what are you talking about? The only thing that is linked to Feb 15 is that provision that IV is proposing for 485 filing/H1B increase.
As per immigration-law.com:
01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline
* Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
* As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned.
Nowadays immigration-law has more up to date information.
As per immigration-law.com:
01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline
* Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
* As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned.
Nowadays immigration-law has more up to date information.
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tp976
04-30 05:38 PM
thanks Jai. You are right, its probly all luck. BTW , which service center is your case pending at
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eb3retro
09-28 09:35 PM
I will keep it with me until you come back and for sure will return it back to you..you are not believing me..come on???:D:D:D I promise...;););) I will return it safely..
Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?
If you have any experience doing this, please do share it here.
Thank you.
Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?
If you have any experience doing this, please do share it here.
Thank you.
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RayP
12-11 02:31 AM
wow !! Good... so you too applied after your EAD had expired... and you continued to work on H1. That gives me a good feeling... thanks. Can you share your situation a little more (or I can give my email seperately). I was also wanting to know if you ae aware whether EAD can be applied from outside the US, just in case I had to do that...
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hojo
09-04 06:03 PM
very nice picture, dan is the man =)
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jonty_11
02-08 02:13 PM
I think u should talk to new lawyer abt retaining application and pursuing on the the one with Co X....even though it was acquired. by Y....as long as ur location did not change. If u had a clause stating that ur Job is relocatable u should even be able to retain Co X;s application even though u moved after teh aqisition
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vin13
01-16 01:28 PM
You may be right on that.
But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.
But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.
more...
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helph1b
09-18 05:16 AM
:mad:
It seems that NJ based consultancy firm "Segicorp" is fraud because it has taken money on behalf of H1B aplications from many candidates and there is no response yet.
Segicorp is giving same reply to all that applications was couriered thru fedex and waiting for reply from USCIS. They are just fooling as there is no prrof that our application packets was really couriered to USCIS. If they had really sent our application packet then we would have atleast received Receipt number.
All of many friends who have applied thru other consultants has received receipt number long back and are waiting for their status. If we had atleast received receipt number and no approval, then also we would have been convinced that approval depends on USCIS and NOT on segicorp. But Segicorp had nicely and smartly enjoyed everyones money and are free without any problems.
Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail. :mad:
It seems that NJ based consultancy firm "Segicorp" is fraud because it has taken money on behalf of H1B aplications from many candidates and there is no response yet.
Segicorp is giving same reply to all that applications was couriered thru fedex and waiting for reply from USCIS. They are just fooling as there is no prrof that our application packets was really couriered to USCIS. If they had really sent our application packet then we would have atleast received Receipt number.
All of many friends who have applied thru other consultants has received receipt number long back and are waiting for their status. If we had atleast received receipt number and no approval, then also we would have been convinced that approval depends on USCIS and NOT on segicorp. But Segicorp had nicely and smartly enjoyed everyones money and are free without any problems.
Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail. :mad:
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nshah1968
05-17 10:18 AM
Hello guy03062,
my attorney charged me and some other in my office $1000 for H1b also they did our PERM LC and I-140 also and all was approved witout any query, you can try to reach them here:
please mail me directly and I will reply with there details
my attorney charged me and some other in my office $1000 for H1b also they did our PERM LC and I-140 also and all was approved witout any query, you can try to reach them here:
please mail me directly and I will reply with there details
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Sp�rL
05-10 08:55 AM
Yes i have Microsft Visual Studios C++ 2005 (i think its called that)
but i dont have any of the help files :( lol
but ill give looking at the coding of a precoded Win32 app a go.
otherwise more hard work to find things out. :(
peace out.
but i dont have any of the help files :( lol
but ill give looking at the coding of a precoded Win32 app a go.
otherwise more hard work to find things out. :(
peace out.
poorslumdog
08-25 03:18 PM
Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
.
Do you mean to say other people who spend time, energy and money do not have any other priority or work and sitting idle. Everyone has priority other than spending time in IV. By the way what happened to the Op's priority now. There is no priority now and wants to spend in IV. Do you think its fair...?
.
Do you mean to say other people who spend time, energy and money do not have any other priority or work and sitting idle. Everyone has priority other than spending time in IV. By the way what happened to the Op's priority now. There is no priority now and wants to spend in IV. Do you think its fair...?
shaifu
03-28 10:37 PM
Hi Friends
My employee filed for H1 extension for me in oct 2007.Earlier i had been granted a 3 yr extension in 2005.Today USCIS reported that they needed additional information from me to approve my case and had mailed me a letter in this regard.Does anyone have any similar experience.I have my EAD and AP and my PD is Sept 05 in EB2.What information if any could USCIS be needing.Any suggestions are highly welcome and appreciated
My employee filed for H1 extension for me in oct 2007.Earlier i had been granted a 3 yr extension in 2005.Today USCIS reported that they needed additional information from me to approve my case and had mailed me a letter in this regard.Does anyone have any similar experience.I have my EAD and AP and my PD is Sept 05 in EB2.What information if any could USCIS be needing.Any suggestions are highly welcome and appreciated
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