ashiqman
06-24 03:04 PM
I work for a very small start-up American firm. The company has been in business since 1 year. Even I have been with the company (full-time) for approximately the same amount of time. Unfortunately, the company has not been able to make any revenues in this 1 year. I am planning to visit India in May and if I do, I will have to get my H1 restamped, since my old visa has expired. In this forum, I have seen some instances of rejection/hold on H1B stamping. Taking that into account and given the situation of my company (although genuine and still having enough funds to run), is it worth taking the risk? I will be appearing for an interview in Mumbai. Any info in this regard will be really helpful to me. Thanks in advance.
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paskal
02-22 06:14 PM
Not sure if people understood the question. Based on this data it shows India got much more then what was in the quota and there were more GC given than the yearly total limit. If this is true, why do I keep hearing that in forums that there were 250K visa's over the last 5 years that were lost because they GC's were not processed in time? If anything there were more visa's given and a disproportionately higher # for India.
suggest you read the ombudsman report.
and yes the numbers available were higher because
1. a recapture was in progress
2. recaptured visas were fifo not by country quota
and country quota is deceptive. when ROW is current, eg last july, uscis gives out GC numbers by fifo availability not by country quota.
of course last july was a freak...not coming back anytime soon!
suggest you read the ombudsman report.
and yes the numbers available were higher because
1. a recapture was in progress
2. recaptured visas were fifo not by country quota
and country quota is deceptive. when ROW is current, eg last july, uscis gives out GC numbers by fifo availability not by country quota.
of course last july was a freak...not coming back anytime soon!
nikunj007
03-11 01:48 AM
applying for multiple petitions with multiple employers is, as of now, legal. Even if they can track those applications, they can not just reject on the basis of multiple petitions. But, it may be difficult to convince it during the interview..
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chandra_mb
07-23 04:56 PM
Hi,
The EAD instrucions are as following ....EAD Applicants Who Have Filed For Adjustment of Status.
Adjustment Applicant--(c)(9). File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence, is pending. You may file Form I-765 together with your Form I-485.
"or other evidence" ... So I think Case status printout + FP notice should be good enough.
The EAD instrucions are as following ....EAD Applicants Who Have Filed For Adjustment of Status.
Adjustment Applicant--(c)(9). File your EAD application with a copy of the receipt notice or other evidence that your Form I-485, Application for Permanent Residence, is pending. You may file Form I-765 together with your Form I-485.
"or other evidence" ... So I think Case status printout + FP notice should be good enough.
more...
bestia
07-19 01:03 PM
My lawyer did not ask for Tax return for filing i-485 .He just asked for W-2's only ??
Is Tax Return for last 3 years is required document ?
Tax returns absolutely not required. Even W2s are not required. But without W2s USCIS will more likely issue RFE, they would want to see them. My accountant told me that a lot of his clients received RFEs for tax returns, so it's good to have them in right order in case...
Your tax returns will show the case if you worked also for someone else illegaly - USCIS might want to verify that.
Is Tax Return for last 3 years is required document ?
Tax returns absolutely not required. Even W2s are not required. But without W2s USCIS will more likely issue RFE, they would want to see them. My accountant told me that a lot of his clients received RFEs for tax returns, so it's good to have them in right order in case...
Your tax returns will show the case if you worked also for someone else illegaly - USCIS might want to verify that.
breddy2000
01-04 02:59 PM
Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??
Regards,
-- Venkat
Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.
I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
Also see this link on H1-L1 decoupling issue here.
http://www.murthy.com/news/n_depfam.html
Regards,
-- Venkat
Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.
I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
Also see this link on H1-L1 decoupling issue here.
http://www.murthy.com/news/n_depfam.html
more...
vijay1974
07-29 06:06 PM
I think they should change the title on their page to How may I harass you? :)
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rahulpatel
08-14 02:35 PM
I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
more...
FinalGC
05-01 11:05 AM
singhsa3:
You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....
You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.
Anyway I do not want to discourage you......Keep up the enthusiam dude!!!
What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...
You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....
You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.
Anyway I do not want to discourage you......Keep up the enthusiam dude!!!
What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...
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superdude
07-31 07:18 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
Got stamped twice in Canada. I have MS from USA. When I went for the second time my friend came along with me who did not have a degree from US. He also got the VISA.
There was couple came for H1 renewal and for H4-H1. His wife could not get H4-H1 as she was having a degree in Commerce and working for a small consulting comp. VO gave her H4. I did not know the actual details of her case though.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
Got stamped twice in Canada. I have MS from USA. When I went for the second time my friend came along with me who did not have a degree from US. He also got the VISA.
There was couple came for H1 renewal and for H4-H1. His wife could not get H4-H1 as she was having a degree in Commerce and working for a small consulting comp. VO gave her H4. I did not know the actual details of her case though.
more...
BPforGC
05-21 04:54 PM
July 2009
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
July 2010
July 2011
July 2012...or
By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).
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pranju
05-29 09:04 PM
Donot forget to send the webfax :)
more...
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cjain
11-01 06:28 PM
next time make sure only news pertaining to smartboy is posted...all else can wait...hail smartboy
And how does this news add any values to our issues here ????
And how does this news add any values to our issues here ????
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raj2007
06-20 01:28 PM
I was working for company A as a Title X through H1 B visa
And company A filed my GC sponsorship petition with title Y and I-140 cleared.
I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)
But Company A revoked my EB based sponsored petition.
Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y
Please clarify
You have no legal right. Employer can sponser and revoke the petition.
And company A filed my GC sponsorship petition with title Y and I-140 cleared.
I resigned company A for job Title X and joined company B (H1 transfer) (I did not rejected or asked him to cancel my EB based GC petition)
But Company A revoked my EB based sponsored petition.
Is there a legal right for me to ask why did he revokes my EB based sponsorship petition when I have not rejected his offer for GC Title Y
Please clarify
You have no legal right. Employer can sponser and revoke the petition.
more...
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gc12292004
09-11 04:53 PM
Taken second FP on 09/03/2009 and waiting!!!
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nashim
08-11 09:56 AM
please add year 05, 06, 07 and 08 too.
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pappu
09-09 09:45 PM
Dear Members,
IV recommends that you wear IV T shirts for the Rally.
Here is a link to buy IV T-Shirts for the rally.
http://www.cafepress.com/immivoice/
If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:
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Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.
IV recommends that you wear IV T shirts for the Rally.
Here is a link to buy IV T-Shirts for the rally.
http://www.cafepress.com/immivoice/
If you are participating in the rally, please buy your IV-Shirt today. It would be help to convey the message if all the rally participants are wearing IV T-shirts. It would be even better if the T-Shirt would have the name of the State where you reside. IV volunteers have worked very hard to create the designs and products at IV merchandise shop. Check it out:
http://www.cafepress.com/immivoice/3465245
Pls start buying as soon as possible so that the T shirts can be shipped to your home before you come for the rally.
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nousername
04-29 08:46 PM
There is no limit as to how many companies can apply for your H1 transfer. 2 or 10 is the same.. The idea is to get a reply ASAP. I would suggest to apply under premium process
To best of my knowledge you are out-of-status but wait.. Don't worry. I personally have been out-of-status like this three (3) times, so it is not that bad. At one time it took me almost 4 months to look for another job and I still got portability (i.e. H1 transfer with new I-94). Other time I got a job in 2 months and still had to take a trip back home for new stamp.
I know it is easier said then done but trust me, take it easy on your self as this will help your family also. You have already applied for a transfer, just switch to premium process and you should be ok.. What USCIS cares about is recent paystub, which can be 1 month or two old..
God bless..
To best of my knowledge you are out-of-status but wait.. Don't worry. I personally have been out-of-status like this three (3) times, so it is not that bad. At one time it took me almost 4 months to look for another job and I still got portability (i.e. H1 transfer with new I-94). Other time I got a job in 2 months and still had to take a trip back home for new stamp.
I know it is easier said then done but trust me, take it easy on your self as this will help your family also. You have already applied for a transfer, just switch to premium process and you should be ok.. What USCIS cares about is recent paystub, which can be 1 month or two old..
God bless..
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desi3933
06-25 02:07 PM
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
1. What was your original I-94 date before H-1B amendment was filed by Company A?
2. What was amendment for?
3. Why H-1B amendment was denied?
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
1. What was your original I-94 date before H-1B amendment was filed by Company A?
2. What was amendment for?
3. Why H-1B amendment was denied?
Please answer these questions, before I can put my opinion.
_______________________
Not a legal advice.
US citizen of Indian origin
GCOP
05-05 01:03 PM
Below are your subscription details
Subscription To Terms Amount
Donation to Support Immigration Voice (User: GCOP)
$25.00 USD for one month
Effective Date: May 5, 2009 $25.00 USD
Subcription Number: S-97P19511LY123610B
________________________
Participated in D.C. Rally
Participated in Call Campaign to House Representatives for HR 5882
Participated in call campaign to CHC members
Earlier Contribution: $ 240
Subscription To Terms Amount
Donation to Support Immigration Voice (User: GCOP)
$25.00 USD for one month
Effective Date: May 5, 2009 $25.00 USD
Subcription Number: S-97P19511LY123610B
________________________
Participated in D.C. Rally
Participated in Call Campaign to House Representatives for HR 5882
Participated in call campaign to CHC members
Earlier Contribution: $ 240
NKR
08-14 04:46 PM
Please note that, this is no more the issue of not-paying me at all-- He cleverly cleared recently the amount which is stated on my LCA H1. What he is actually withholding, is the difference of this and the actual salary (percentage) that was agreed upon, at that time.
Then I am afraid you have no case. If the vendor has paid your employer and he is not paying you after you told them you are quitting then it is unethical, but legal, sometimes I wonder how do they even feed their family and clothe them with all this ill gotten money.
Then I am afraid you have no case. If the vendor has paid your employer and he is not paying you after you told them you are quitting then it is unethical, but legal, sometimes I wonder how do they even feed their family and clothe them with all this ill gotten money.
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