s416504
02-04 03:48 PM
You should contact your lawyer & ask USCIS to amend your H1 for 3 years instead of 1 year. One time My H1B got approved but USCIS forgot to add up vacation time then My Lawyer contacted USCIS officer to amed that time. Later got new H1B approval with correct date.
I think that will give clear idea if USCIS not finding you I140?
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
I think that will give clear idea if USCIS not finding you I140?
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
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saisravan
07-23 07:45 AM
Hi
Am in the same situation with my employer
He is doing a direct deposit on to my account and not sharing the paystubs and everytime when i follow up him with paystubs he is saying all cock&bull stories saying that HR is busy with other stuff and cannot do it at this point.
Its been 3 months he is delaying this.
Previoulsy I was receiving my paystbs regularly and all it started is after my H1 renewal and am need to change my employer now and other company is asking for the latest 3 months paystubs for the H1 transfer.
and my employr is thretening for the original H1 B doc and he says that he needs it for companys reference.
Please let me know whome to contact and how to contact and how to get this things done in gettign my paystubs.
Am in the same situation with my employer
He is doing a direct deposit on to my account and not sharing the paystubs and everytime when i follow up him with paystubs he is saying all cock&bull stories saying that HR is busy with other stuff and cannot do it at this point.
Its been 3 months he is delaying this.
Previoulsy I was receiving my paystbs regularly and all it started is after my H1 renewal and am need to change my employer now and other company is asking for the latest 3 months paystubs for the H1 transfer.
and my employr is thretening for the original H1 B doc and he says that he needs it for companys reference.
Please let me know whome to contact and how to contact and how to get this things done in gettign my paystubs.
seahawks
01-10 11:36 PM
my friends have multiple experiences, I went through Lufthansa, had no problem. My friend was telling me in France you do require, they wont let you board the flight if you dont have transit! Even if you check the consulate, the airlines have no clue. Asian countries like Singapore, absolutely no problem, direct non stop flights no problem either.
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Leo07
10-09 06:55 PM
Basically, the VB just says that "Even though you waited for however number of years, gone through all the pains with employers, you are NO closer to getting GC than you were a month ago"
How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.
How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.
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anilsal
10-24 01:26 PM
It may be better to contact Judy Woodruff, who is driving this whole program at Yahoo. I remember seeing Judy as a former CNN anchor (quite a prominent one).
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
Judy may be the link to other possibilities for IV.
http://www.nndb.com/people/805/000050655/
Pappu?
ChainReaction
08-10 09:12 AM
http://www.murthy.com/chatlogs/ch073007_P.html
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?
Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.
Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.
Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?
Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.
more...
waiting_4_gc
07-18 06:48 PM
Since on 2nd July they said they will reject the AOS application, what if they would have done some rejection during that time, and by the time July filers get their application back, it is after 17th of August. In that circumstance, can you send the AOS application back arguing USCIS's mistake and ask them to take it back after 08/17 and would they take it back politely or reject it again.
Its going to be another lawsuit :confused:
Its going to be another lawsuit :confused:
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snathan
02-15 12:56 PM
And when OP INQUIRED you stretched it to INVOLVED ? I mean , I know both starts with IN :) but INQUIRE and INVOLVE has entirely different meaning.
OP Inquired about the process does not mean that he is Involved in the process.
You didnt read his other posts where he was asking about the job ads....
OP Inquired about the process does not mean that he is Involved in the process.
You didnt read his other posts where he was asking about the job ads....
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psaxena
09-01 10:42 AM
was it EB2 or EB3
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meridiani.planum
08-09 05:45 PM
Just A thought.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
It Looks somebody pointed out earlier that Adjudicator need to see Currentness of FBI background check, and for 2004/05 cases it was stale data, hence they reordered the Check. While for 2006, Background check might be current.
So say during September, 2008 VISA Bulletin they move Priority date to 2007, we'll see Lots if 2007 cases Approved.
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
more...
MerciesOfInjustices
09-30 12:15 AM
link is broken
Here is the complete article, I think -
The Element of Surprise
To help combat the terrorism threat, officials at Los Angeles International Airport are introducing a bold new idea into their arsenal: random placement of security checkpoints. Can game theory help keep us safe?
Web exclusive
By Andrew Murr
Newsweek
Updated: 1:00 p.m. MT Sept 28, 2007
Sept. 28, 2007 - Security officials at Los Angeles International Airport now have a new weapon in their fight against terrorism: complete, baffling randomness. Anxious to thwart future terror attacks in the early stages while plotters are casing the airport, LAX security patrols have begun using a new software program called ARMOR, NEWSWEEK has learned, to make the placement of security checkpoints completely unpredictable. Now all airport security officials have to do is press a button labeled "Randomize," and they can throw a sort of digital cloak of invisibility over where they place the cops' antiterror checkpoints on any given day.
Developed by computer scientists at the University of Southern California and believed to be the first program of its kind to be used at an airport, ARMOR aims to thwart terror plots during the early, surveillance phase. Typical plots start when would-be attackers begin watching their target "18 months to four years prior to an attack" to look for security weaknesses, says James Butts, deputy executive director of law enforcement at Los Angeles World Airports, which runs LAX and other city-owned airports. "Part of it is to look for patterns in the deployment of assets. We're trying to block the surveillance cycle" by making the security patrols appear in unpredictable places at unpredictable times.
Randomness isn't easy. Even when they want to be unpredictable, people follow patterns. "Unconsciously, (security forces) develop predictable patrol behaviors," as Butts says. That's why the new software helps, and the folks at LAX turned to the computer scientists at USC's Viterbi School of Engineering.
The ARMOR software is the real-world product of an idea that began as an academic question in game theory. USC doctoral student Praveen Paruchuri sought to find a way for one "agent" (or robot or company) to react to an adversary who has perfect information about the agent's decisions. Using artificial intelligence and game theory, Paruchuri wrote a new, fast set of algorithms to randomize the actions of the first agent. But when he took the paper to prestigious AI conferences, nobody would publish the work. The basic reaction: great math, but so what? "They said, 'We don't see a practical use for it'," says Milind Tambe, the USC engineering professor who led the ARMOR team. "It was very disappointing."
But LAX officials saw things differently. Under a mandate from L.A. Mayor Antonio Villaraigosa to improve airport security, they were on the lookout for new ideas. So when a former FBI agent named Erroll Southers, who works at a USC security program funded by the Department of Homeland Security, told LAX officials about it, they agreed to meet with the USC team in April. Over the summer grad students fed vast amounts of classified data about the airport's facilities into the program, and ARMOR started running in August, according to Butts.
The nation's fifth-biggest airport is "one of the top targets on the West Coast," says Butts. The "millennium plot" of December 31, 1999, aimed to set off explosives at LAX. Federal agents broke up the plot when they arrested Algerian Ahmed Ressam entering the U.S. from Canada with a car laden with explosives. He was later convicted on terrorism charges. On July 4, 2002, an Egyptian immigrant named Hesham Hadayet opened fire at the El Al counter at LAX, killing two and wounding four.
Airport officials have at least one new task for the software. Soon ARMOR will begin jumbling the placement of the bomb-sniffing canine patrols too, says Butts. Other potential uses are too secret to talk about. Butts says that the new random placement "makes travelers safer" and even gives them "a greater feeling of police presence" by making the cops appear more numerous. That's good for visitors, and, officials hope, bad for would-be terrorists.
� 2007 Newsweek, Inc.
Here is the complete article, I think -
The Element of Surprise
To help combat the terrorism threat, officials at Los Angeles International Airport are introducing a bold new idea into their arsenal: random placement of security checkpoints. Can game theory help keep us safe?
Web exclusive
By Andrew Murr
Newsweek
Updated: 1:00 p.m. MT Sept 28, 2007
Sept. 28, 2007 - Security officials at Los Angeles International Airport now have a new weapon in their fight against terrorism: complete, baffling randomness. Anxious to thwart future terror attacks in the early stages while plotters are casing the airport, LAX security patrols have begun using a new software program called ARMOR, NEWSWEEK has learned, to make the placement of security checkpoints completely unpredictable. Now all airport security officials have to do is press a button labeled "Randomize," and they can throw a sort of digital cloak of invisibility over where they place the cops' antiterror checkpoints on any given day.
Developed by computer scientists at the University of Southern California and believed to be the first program of its kind to be used at an airport, ARMOR aims to thwart terror plots during the early, surveillance phase. Typical plots start when would-be attackers begin watching their target "18 months to four years prior to an attack" to look for security weaknesses, says James Butts, deputy executive director of law enforcement at Los Angeles World Airports, which runs LAX and other city-owned airports. "Part of it is to look for patterns in the deployment of assets. We're trying to block the surveillance cycle" by making the security patrols appear in unpredictable places at unpredictable times.
Randomness isn't easy. Even when they want to be unpredictable, people follow patterns. "Unconsciously, (security forces) develop predictable patrol behaviors," as Butts says. That's why the new software helps, and the folks at LAX turned to the computer scientists at USC's Viterbi School of Engineering.
The ARMOR software is the real-world product of an idea that began as an academic question in game theory. USC doctoral student Praveen Paruchuri sought to find a way for one "agent" (or robot or company) to react to an adversary who has perfect information about the agent's decisions. Using artificial intelligence and game theory, Paruchuri wrote a new, fast set of algorithms to randomize the actions of the first agent. But when he took the paper to prestigious AI conferences, nobody would publish the work. The basic reaction: great math, but so what? "They said, 'We don't see a practical use for it'," says Milind Tambe, the USC engineering professor who led the ARMOR team. "It was very disappointing."
But LAX officials saw things differently. Under a mandate from L.A. Mayor Antonio Villaraigosa to improve airport security, they were on the lookout for new ideas. So when a former FBI agent named Erroll Southers, who works at a USC security program funded by the Department of Homeland Security, told LAX officials about it, they agreed to meet with the USC team in April. Over the summer grad students fed vast amounts of classified data about the airport's facilities into the program, and ARMOR started running in August, according to Butts.
The nation's fifth-biggest airport is "one of the top targets on the West Coast," says Butts. The "millennium plot" of December 31, 1999, aimed to set off explosives at LAX. Federal agents broke up the plot when they arrested Algerian Ahmed Ressam entering the U.S. from Canada with a car laden with explosives. He was later convicted on terrorism charges. On July 4, 2002, an Egyptian immigrant named Hesham Hadayet opened fire at the El Al counter at LAX, killing two and wounding four.
Airport officials have at least one new task for the software. Soon ARMOR will begin jumbling the placement of the bomb-sniffing canine patrols too, says Butts. Other potential uses are too secret to talk about. Butts says that the new random placement "makes travelers safer" and even gives them "a greater feeling of police presence" by making the cops appear more numerous. That's good for visitors, and, officials hope, bad for would-be terrorists.
� 2007 Newsweek, Inc.
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abracadabra102
08-14 04:46 PM
Just for a change in topic, do you guys to know good Life insurance company who do not show prejudice between greencard holder and H-1B Holder.
I just got life insurance through select quote, west coast which coast only 22$ for � million insurance rejected me stating that there is a difference rate of green card holder and Alien.
I got through Prudential which is costing me 50$.
Any experience with you folks
That makes sense. A typical H1B has more things to worry about (maintaining status, keeping job, GC, dealing with rogue employers, attorneys, physicians...) and lower life expectancy :D
I just got life insurance through select quote, west coast which coast only 22$ for � million insurance rejected me stating that there is a difference rate of green card holder and Alien.
I got through Prudential which is costing me 50$.
Any experience with you folks
That makes sense. A typical H1B has more things to worry about (maintaining status, keeping job, GC, dealing with rogue employers, attorneys, physicians...) and lower life expectancy :D
more...
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chanduv23
10-05 09:32 AM
People are going to Sikkim these days. Heard it is amazing. You can consider going to places like Andaman or Maledives or Nepal too.
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asdqwe2k
07-04 04:40 PM
Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.
Who knows how many more irregularities happened there during last two weeks.
There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..
For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..
more...
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piyu7444
09-01 06:52 PM
Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
I respectfully disagree with the statement that people who get interviewed are unlucky.
If you get an interview atleast your case is processed (FBI check and all are done prior to interview MOSTLY but not for all cases). Instead of that your file is s'h'itting at a bigger USCIS location it just sits in a local office. The concern that there is no way to find out where the file is when dates are current is true if your file is at a national ctr or at any other office. You cant do much.
In the case when file is at a local office you atleast know where it is and can try various things with the help of infopass and attorney. (Ask your lawyer and he/she should be able to tell you how to get GC when case is just waiting for a damn visa # and is at a local USCIS office)
Instead of not knowing where the file is, what has been processed or not its better to know that all you need is a VISA # and you can always prepare to get the real thing when you see the VISA BULLETIN and know that you are current for the coming month.........
If it does not make sense I probably wont have stamina to re-write....just too busy at work.........so I am hoping this helps.
I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office
I guess applications pending at local office are unlucky guys :-(
Anil
I respectfully disagree with the statement that people who get interviewed are unlucky.
If you get an interview atleast your case is processed (FBI check and all are done prior to interview MOSTLY but not for all cases). Instead of that your file is s'h'itting at a bigger USCIS location it just sits in a local office. The concern that there is no way to find out where the file is when dates are current is true if your file is at a national ctr or at any other office. You cant do much.
In the case when file is at a local office you atleast know where it is and can try various things with the help of infopass and attorney. (Ask your lawyer and he/she should be able to tell you how to get GC when case is just waiting for a damn visa # and is at a local USCIS office)
Instead of not knowing where the file is, what has been processed or not its better to know that all you need is a VISA # and you can always prepare to get the real thing when you see the VISA BULLETIN and know that you are current for the coming month.........
If it does not make sense I probably wont have stamina to re-write....just too busy at work.........so I am hoping this helps.
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la_guy
07-28 05:01 PM
i too got LUD on the AP on 7/27. should be system upgrade. hope this helps.
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redcard
09-13 02:33 PM
Started this thread just to encourage us after oct bulletin:
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
After october visa bulletin.. start predictions for Nov Bulletin or may be for Oct 2007 bulletin..:D
We know that unless a bill is passed (SKIL), retrogression issue cant be solved. It is not an easier task to accomplish but a task that needs more courage and efforts. Each time when we see the visa bulletin with no movement in dates, we feel more depressed but we should always remember this, no matter how many times we fall or pushed back, our goal is to get up and move with more strength. Now everyone is going through tough phases of life in one way or the other. This is not new for us, we have dealt this type of problems before.
As people say: "good things will happen to those who wait". Our team efforts (in IV), our hard work and prayers will definitely move the mountains. All we need now is faith and patience so that we can put focussed efforts to pass this SKIL bill by end of this year. Soon we will find ways to achieve this.
After october visa bulletin.. start predictions for Nov Bulletin or may be for Oct 2007 bulletin..:D
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tdasara
02-08 09:37 AM
L1A - qualifies for EB1 but Indian companies very rarely do it.
L1B - EB2/EB3 but again not many sponsor.
L1B - EB2/EB3 but again not many sponsor.
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eb3retro
12-17 01:36 PM
my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
for gods sake, pls put proper heading for new threads.
1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
thanks for the answers in advaced
for gods sake, pls put proper heading for new threads.
ImmigrationAnswerMan
06-29 12:22 PM
Anil:
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
snathan
12-03 09:56 AM
in politics everything is give and take + "my side needs to get the best deal" attitude.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who gave you that assurance....?:confused:
Seriously I pray for this bill to fail...if there is no relief for legals. I am not interested to pay for the illegal and their docs to be processed with my money.
I am conflicted about Dream.
On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.
On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.
Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............
Who gave you that assurance....?:confused:
Seriously I pray for this bill to fail...if there is no relief for legals. I am not interested to pay for the illegal and their docs to be processed with my money.
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