meridiani.planum
10-07 05:32 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
had asked my lawyer this question a while ago. his answers were:
- its still possible to extend H1.
- depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
had asked my lawyer this question a while ago. his answers were:
- its still possible to extend H1.
- depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.
belmontboy
08-14 09:33 PM
From the link, it appears that the talk here is about filing I-485 even when priority date is not current. That's different from before. Having said that, we'll see when it happens and if anything happens.
Please read properly
from the link:
This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.
Please read properly
from the link:
This proposed rule is intended to streamline adjustment application processing by utilizing a two-step process in which registration packets can be pre-screened for documentary evidence, security checks can be initiated and completed, and pending visa demand can be adequately conveyed to DOS. The DOS will then adjust its Visa Bulletin accordingly and applicants may then proceed forward with filing their I-485s based on visa availability as reflected in the monthly Visa Bulletin.
invincibleasian
02-05 02:39 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
priderock
05-31 03:43 PM
14. S.1397 : A bill to increase the allocation of visas for certain highly skilled workers and to reduce fraud and abuse in certain visa programs for aliens working temporarily in the United States.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
Sen Cantwell, Maria [WA] - 5/15/2007
Sen Hagel, Chuck [NE] - 5/15/2007
Sen Voinovich, George V. [OH] - 5/15/2007
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
Excerpts of text:
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or mathematics; and
`(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date.
Sponsor: Sen Lieberman, Joseph I. [CT] (introduced 5/15/2007) Cosponsors :
Sen Cantwell, Maria [WA] - 5/15/2007
Sen Hagel, Chuck [NE] - 5/15/2007
Sen Voinovich, George V. [OH] - 5/15/2007
Committees: Senate Judiciary
Latest Major Action: 5/15/2007 Referred to Senate committee.
Status: Read twice and referred to the Committee on the Judiciary.
Excerpts of text:
(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
`(F) Aliens who have earned a master's or higher degree from an accredited university in the United States.
`(G) Aliens who--
`(i) have earned an advanced degree in science, technology, engineering, or mathematics; and
`(ii) have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens who--
`(i) are described in subparagraph (A) or (B) of section 203(b)(1); or
`(ii) have received a national interest waiver under section 203(b)(2)(B).
`(I) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.
(b) Adjustment of Status for Employment-Based Immigrants-
(1) IN GENERAL- Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following:
`(n) Adjustment of Status to Employment-Based Immigrant-
`(1) ELIGIBILITY- An alien, and any eligible dependents of such alien, may file an application for adjustment of status with the Secretary of Homeland Security, whether or not an employment-based immigrant visa is immediately available at the time the application is filed, if--
`(A) a petition filed under subparagraph (E) or (F) of section 204(a)(1) on behalf of the alien has been approved; or
`(B) in the discretion of the Secretary, the adjudication of such petition is pending.
`(2) VISA AVAILABILITY- An application filed under paragraph (1) may not be approved until the appropriate employment-based immigrant visa becomes available under section 203(b).
`(3) FEES- If an employment-based immigrant visa is not available on the date on which an application is filed under paragraph (1), a supplemental fee of $500 shall be paid on behalf of the beneficiary of such application. Such fee may not be charged with respect to any dependent accompanying or following to join such beneficiary.
`(o) Extension of Employment Authorization and Advanced Parole Document- The Secretary of Homeland Security--
`(1) shall issue a 3-year employment authorization and 3-year advanced parole document to any beneficiary of an application for adjustment of status if a petition has been filed or is pending under subparagraph (E) or (F) of section 204(a)(1); and
`(2) may adjust fees assessed under this section in accordance to the 3-year period of validity assigned to the employment authorization or advanced parole documents issued under subparagraph (1).'.
(2) USE OF FEES- Section 286 of such Act (8 U.S.C. 1356) is amended--
(A) in subsection (m), by striking `provisions of law, all adjudication fees' and inserting `provision of law, all adjudication fees and the fees collected under section 245(n)(3)'; and
(B) in subsection (n)--
(i) by striking `All deposits' and inserting the following: `(1) Except as provided in paragraph (2), all deposits'; and
(ii) by adding at the end the following:
`(2) All deposits in the Immigration Examinations Fee Account that were originally collected under section 245(n)(3) shall be used to clear security background check delays.'.
(c) Applicability- The amendments made by subsections (a) and (b) shall apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date.
more...
JunRN
12-17 04:02 PM
Let me answer:
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.
anurakt
10-20 04:43 PM
EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
So can I take a loan and open a business to get EB-5 green card ??
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
So can I take a loan and open a business to get EB-5 green card ??
more...
s_r_e_e
08-07 05:35 PM
We did my wife's h4 stamping when landed in canada for PR. this was 3 years ago..
hemanth22
07-06 06:54 AM
the dollar has already fallen 15% and you havent seen the indian economy collapsing or the indian IT companies stock values coming down drastically here and in india
more...
rajuram
02-20 10:12 PM
Very Very Far.
Also how far are we from this CIR or SKIL bill being passed ?any thoughts
Also how far are we from this CIR or SKIL bill being passed ?any thoughts
thomachan72
10-29 06:46 AM
Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
more...
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.
mbartosik
03-11 09:42 PM
Here are a bunch of links showing abuse of some of us H1Bs.
In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.
http://www.lieffcabraser.com/press_releases/tata_press_20060214.htm
http://www.indianexpress.com/full_story.php?content_id=87970
http://www.indianexpress.com/comments_print.php?content_id=87970&from=0
http://economictimes.indiatimes.com/opinions/1415985.cms
Sounds to me like a case of criminal fraud by Tata.
In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.
http://www.lieffcabraser.com/press_releases/tata_press_20060214.htm
http://www.indianexpress.com/full_story.php?content_id=87970
http://www.indianexpress.com/comments_print.php?content_id=87970&from=0
http://economictimes.indiatimes.com/opinions/1415985.cms
Sounds to me like a case of criminal fraud by Tata.
more...
ganguteli
02-27 01:42 PM
IMO, you should spend the money yourself instead of depending on the company for GC expenses...
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
eb3_nepa
03-16 12:30 PM
Eb3_nepa, read my post closely; read the report as well, and then post again.
I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.
I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.
I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.
I am confused stucklabor. I thought that labor decided ur job qualifications etc. I mean when i applied for my I-140 (i did not file concurrently btw). I was asked more info regarding my company and all of the company documents. I wasnt being sarcastic or anything i am just trying to understand what is going on.
more...
narendra_modi
03-04 10:07 PM
i smoke GANZA..pl. mind your business..
Bidi, I guess.
Bidi, I guess.
chanduv23
09-09 10:35 AM
I agree that TANA & ATA are big organizations. But their focus is entertainment. And I heard that there is a lot of corruption. There are some allegations that people spend lot of money to become the president(or some other highest post). Who ever is competing for the highest post, they spend lot of money towards new membership program. they register all new members and ask them to vote for them. This happens just before the elections for the post. I do not think, people spend hundreds of thousands of dollars for new member registration with out expecting some thing back. Probably, there may be lot of corruption involved. I do not think, it is good idea of joining such kind of organizations. More over, there may be more organizations for each indian language in USA. Are we going to attach with all of them?
This is my opinion. If you do not like, you can remove it.
I agree. All these organizations are like that. A good example on how fraudulent trustees iof temples might be check this http://in.rediff.com/us/2001/aug/04us2.htm - this is about tax fraud at Flushing Ganesh temple
This is my opinion. If you do not like, you can remove it.
I agree. All these organizations are like that. A good example on how fraudulent trustees iof temples might be check this http://in.rediff.com/us/2001/aug/04us2.htm - this is about tax fraud at Flushing Ganesh temple
more...
neverbefore
08-16 02:40 PM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
My experience at H1B stamping was that they canceled all my previously stamped visas and wrote/stamped "CWP" or "Canceled without prejudice" on them
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
My experience at H1B stamping was that they canceled all my previously stamped visas and wrote/stamped "CWP" or "Canceled without prejudice" on them
McLuvin
03-04 05:31 PM
Sorry!!! Handle?? Short Name??? I did not get it
amsgc
11-26 01:34 AM
Cygnet,
There is no such thing as a transfer - every petition is a new petition.
In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
There is no such thing as a transfer - every petition is a new petition.
In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
Nitu Singh
06-12 10:33 PM
Thanks for the prompt reply and need clarification on few more things....
like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
2) How it will effect the future GC process by new Co.?
need your suggestion on these too:
3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
how things will work out to stay on H1 status?
4) what I should discuss/need to clarify with new empl before making a move ?
thanks!
like when the new co is in the process of transfer of h1 or after the transfer of h1 the old co revoke I-140 then ...
1) Will I be able to get 3 yrs extension or that extension will be valid after H1 transfer ?
2) How it will effect the future GC process by new Co.?
need your suggestion on these too:
3) thinking worse scenario.. after H1 transfer to new co if lay off happens...then
how things will work out to stay on H1 status?
4) what I should discuss/need to clarify with new empl before making a move ?
thanks!
chantu
02-29 02:18 PM
Well my employer applied for 140 on "some secret date", that he will not tell us :). So I don't know when he filed. I was under impression that he filed long time back almost a year back and it is approved. Suddenly, I received RFE at my home mail (I was surprised as well my employer..that how it arrived to my address) and I found that my I140 is in limbo state. But blessing in disguise was that now I have my I140 number and A# and I can track it online.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
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