rajenk
10-19 11:21 AM
OP,
Check my reply in the following thread for your question 4.
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html
The sections I referred in the Adjudicator's Field manual means
USCIS revocation for Fraud or misrepresentation in the application.
Check my reply in the following thread for your question 4.
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html
The sections I referred in the Adjudicator's Field manual means
USCIS revocation for Fraud or misrepresentation in the application.
wallpaper STALKER Call of Pripyat
felix31
12-04 11:09 PM
the scary thing with imm lawyers is that they can mismanage client's case for one reason or another, but the client is the one who gets penalized...
I mean, what's the purpose in hiring a lawyer, if one is expected to know every single nuance of ever changing imm laws...
I mean, what's the purpose in hiring a lawyer, if one is expected to know every single nuance of ever changing imm laws...
rgpr
03-28 06:19 PM
Dear All,
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Thank you very much for your help.
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Thank you very much for your help.
2011 STALKER CALL OF PRIPYAT MAP
gc_kaavaali
08-12 02:21 PM
That seems to be true. I had infopass appointment yesterday. IO told me samething. He told me my NC would be cleared by November this year(Because USCIS planned to clear out all NC pending cases for more than one year by that time). God only knows what is happening!!!!
I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).
PD Sep 05.
I talked to an IO at TSC couple of days back and she said 180 day rule does not hold yet, it starts only after Feb 09. And that my 485 can only be processes if NC is cleared (yes mine is still pending, wondering why :confused:).
PD Sep 05.
more...
gc_chahiye
04-19 10:15 PM
can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?
Googling around, and am not able to find anything...
Googling around, and am not able to find anything...
thomachan72
10-19 09:35 AM
Has anybody done that?
Questions;
1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
2) Has the new job title and responsibilities be very similar to the old one?
3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?
It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.
Questions;
1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
2) Has the new job title and responsibilities be very similar to the old one?
3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?
It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.
more...
Ramba
07-06 01:23 PM
Do you guys forget they recaptured used around 100,000 in FY2005.
They recaptured 130,000 (unused from FY 1999 and 2000) thro AC21 act and used all of them by 2005.
Therefore from 2001 to 2006 available# for recapture is 101,000, excluding AC21 reacpture.
They recaptured 130,000 (unused from FY 1999 and 2000) thro AC21 act and used all of them by 2005.
Therefore from 2001 to 2006 available# for recapture is 101,000, excluding AC21 reacpture.
2010 Stalker: Call Of Pripyat
makemygc
04-02 09:31 PM
Hi Desiguy786,
I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
more...
chandrajp
08-08 10:42 AM
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
can you guys tell usually what kind of information is requested in EB3 cases.
I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice
hair Into the place in pripyat,
bitu72
10-01 12:33 AM
Hi,
We sailed in the same boat.I did not get my fpnotice and my husband got.We called uscis and came to know that my appointment is scheduled on the same day and at same time along with my husband.So as per uscis customer representative's instructions,We took the xerox of the lawyer's copy of my fp notice and attended my scheduled fp y'day and everything went fine.Had i not called USCIS and enquire about my fp appointment,i would have missed the appointment waiting for the fp notice.
Iam not sure if u have attorney,so,First thing,u need to do is call USCIS and findout if ur wife is scheduled on the same day as urs and if it is on same day,she can attend the fp appointment along with u,as u anyways hold the good copy of urs.Thats what the customer rep told me.If USCIS had already mailed her Fp notice and u have not recieved yer, she needs to find her ASC notice number and code number from USCIS to attend the fingerprinting.
goodluck,
vaishu
which number to call to get more info about app
We sailed in the same boat.I did not get my fpnotice and my husband got.We called uscis and came to know that my appointment is scheduled on the same day and at same time along with my husband.So as per uscis customer representative's instructions,We took the xerox of the lawyer's copy of my fp notice and attended my scheduled fp y'day and everything went fine.Had i not called USCIS and enquire about my fp appointment,i would have missed the appointment waiting for the fp notice.
Iam not sure if u have attorney,so,First thing,u need to do is call USCIS and findout if ur wife is scheduled on the same day as urs and if it is on same day,she can attend the fp appointment along with u,as u anyways hold the good copy of urs.Thats what the customer rep told me.If USCIS had already mailed her Fp notice and u have not recieved yer, she needs to find her ASC notice number and code number from USCIS to attend the fingerprinting.
goodluck,
vaishu
which number to call to get more info about app
more...
EndRetro
04-19 01:49 PM
Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.
I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).
This is the response to a MAIL that I had sent to the MUMBAI consulate!!
************************************************** ********
MUMBAI, N IV to me
Apr 18 (1 day ago)
"Returning workers can apply in any of the four U.S. consulates in India."
It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
It may be harder to qualify for the visa if you are not applying in your
own district.
The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.
Application fees in this case will NOT be refunded.
Best regards,
Non Immigrant Visa Section/wds
U.S. Consulate General Mumbai
************************************************** ********
I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).
This is the response to a MAIL that I had sent to the MUMBAI consulate!!
************************************************** ********
MUMBAI, N IV to me
Apr 18 (1 day ago)
"Returning workers can apply in any of the four U.S. consulates in India."
It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
It may be harder to qualify for the visa if you are not applying in your
own district.
The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.
Application fees in this case will NOT be refunded.
Best regards,
Non Immigrant Visa Section/wds
U.S. Consulate General Mumbai
************************************************** ********
hot Stalker Call of Pripyat:
masterji
10-17 10:06 PM
Can you enter in AP and continue as H1B?
more...
house S.T.A.L.K.E.R.: Call of
dcrtrv27
10-09 01:40 PM
kkt tkk
I called teh 800 number 1-800-375-5283 then looked for the option for problem with the case .....then 9 and then back to 2 where I got hold of CR.
I called teh 800 number 1-800-375-5283 then looked for the option for problem with the case .....then 9 and then back to 2 where I got hold of CR.
tattoo S.T.A.L.K.E.R. Call of Pripyat
Adam
08-20 03:52 PM
That's really good too! Man, we're gonna have to have a seperate contest just for owl smilies :lol:
more...
pictures S.T.A.L.K.E.R. Call of Pripyat
ramhs
02-06 11:58 PM
First there is no concept of H1 Transfer. Your new employer applies for a new H1. You will not be counted towards the quota. The h4 is a derivative of your H1 and will need to be applied along with your h1 visa. It is fraud to use the old visa if you no longer work for that company and USCIS is very strict. If you are caught you will sent back at the poe and your H1 and her H4 will be cancelled and you guys will be in trouble. You will hear a lot of cok and bull my friend stories about how ppl have gotten through. The systems at the poe are no longer as primitive as you think and any discrepancy will result in denial of entry into the us. Contact a lawyer before doing any thing related to immigration. Hope this helps.
In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .
In 2004 when my spouse's H1 was transferred my H4 was not transferred as it was still valid. Two months later when my H4 expired we renewed it. Later we travelled to India in 2005, got both H1 and H4 stamped, returned without any questions being asked. I think for H4, the need for renewal comes when the I94 expires, not when the H1 is transferred, because the new I94 will also have same number if it had not expired .
dresses STALKER CALL OF PRIPYAT MAP
green_card
09-24 09:00 PM
his question was will bad credit affect GC? answer is "no it wont"
please dont suddenly become "Edward Jones" or "Suze orman" and give financial advice because you may be doing bettter than the person asking the question. God forbid, but one major illness can wipe out anyone's good credit, even with insurance. watch "Sicko" and "Maxed Out". Eye-opening documentaries about the predatory greed of the insurance and financial firms. Dont be so smug. kidding about other people's misfortune isnt funny.
Bad credit history will haunt you even after you get your green card :D (if you intend to take a loan for a substantially large investment - like a house)
Think about it... if they don't give you gc based on your credit goof-ups... who's loss is it :D j/k
please dont suddenly become "Edward Jones" or "Suze orman" and give financial advice because you may be doing bettter than the person asking the question. God forbid, but one major illness can wipe out anyone's good credit, even with insurance. watch "Sicko" and "Maxed Out". Eye-opening documentaries about the predatory greed of the insurance and financial firms. Dont be so smug. kidding about other people's misfortune isnt funny.
Bad credit history will haunt you even after you get your green card :D (if you intend to take a loan for a substantially large investment - like a house)
Think about it... if they don't give you gc based on your credit goof-ups... who's loss is it :D j/k
more...
makeup Stalker: Call Of Pripyat
sbabunle
08-24 06:41 PM
Hello GreatGuy
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
girlfriend STALKER: Call of Pripyat
crazymish
03-05 02:15 PM
Hi People,
I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.
I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.
Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.
Would appreciate a little insight here.
Thx,
M
I have been hearing a few things on the renewal and I cant seem to get a concrete picture here. Would appreciate a look here.
I am applying for an advance parole renewal for my wife, me and her, we did not apply for the GC at the same time, I applied during the hullabaloo July 2007 times under the old fee structure and she was applied later on in the following year 2008 under the new fee structure of $1010 as a derivative under my application. Her I-797 receipt notice indicates that a fee of $1010 was paid out. My I-797 indicates $300 odd as separate fees.
Given the above, is she exempt from paying the $305/$340 for the Advance Parole/EAD. A USCIS agent that I talked to says that anything after July 30th 2007 is exempt but she could well be reading from a piece of paper without actual knowledge of the intricacies. A paralegal at my lawyer's office said that she needs to pay, but somehow I am not convinced.
Would appreciate a little insight here.
Thx,
M
hairstyles Stalker: Call of Pripyat
msyedy
12-13 11:59 AM
Well people say that a) Dem should talk about CIR too.
b) CIR seems dead.. No relief. c) Tracking down illegals.
1) If they start tracking down illegals and only enforce these strict loose
and local forces also help them, they can deport these illegals.
(True but this is a never ending process).
2) If they don't bring CIR now and just forget about it.(More illegals are comming in every day -- Experts do say Border Fense can never stop them).
3) American needs people like these to work in the factories and farms.
(How can this need be fullfilled-- make a program to bring them in legally
-- This is guest worker program)
4) According to the new CIR - illegals will be paying back taxes before taking the first step to citizenship.
................ Legalization is a benefit to the economy.............
pray
b) CIR seems dead.. No relief. c) Tracking down illegals.
1) If they start tracking down illegals and only enforce these strict loose
and local forces also help them, they can deport these illegals.
(True but this is a never ending process).
2) If they don't bring CIR now and just forget about it.(More illegals are comming in every day -- Experts do say Border Fense can never stop them).
3) American needs people like these to work in the factories and farms.
(How can this need be fullfilled-- make a program to bring them in legally
-- This is guest worker program)
4) According to the new CIR - illegals will be paying back taxes before taking the first step to citizenship.
................ Legalization is a benefit to the economy.............
pray
ata1234
07-13 09:02 PM
Done!
venky321
07-19 02:08 PM
It might have been okay if you had tried to transfer from H1 to H4 after a few months of being on the bench; but 3 years out of status lol.
Talk to an attorney, file a DOL complaint against your employer; but if it comes out that you were out of status for 3 years, I think your chances are pretty bleak.
Talk to an attorney, file a DOL complaint against your employer; but if it comes out that you were out of status for 3 years, I think your chances are pretty bleak.
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