loku
09-30 08:38 PM
Hello,
I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.
My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?
2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?
Thanks for your help and time. Please advice!!
I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.
My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?
2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?
Thanks for your help and time. Please advice!!
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logiclife
02-07 11:10 AM
No its not true.
Please do not rely on Indian Media for immigration news.
They have covered their bases by putting "May" in the headline. "May" increase visas.
There is already a discussion that happened about this on another thread. Please search the forums for the article before starting a new thread.
And for heaven's sake, please dont look for immigration related news in Indian Newspapers. They dont know that congress has two chambers : House and Senate. And they dont know the common basics of legislative process in USA.
Please do not rely on Indian Media for immigration news.
They have covered their bases by putting "May" in the headline. "May" increase visas.
There is already a discussion that happened about this on another thread. Please search the forums for the article before starting a new thread.
And for heaven's sake, please dont look for immigration related news in Indian Newspapers. They dont know that congress has two chambers : House and Senate. And they dont know the common basics of legislative process in USA.
arc
03-15 07:06 PM
Thanks!
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needhelp!
10-08 04:55 PM
At this time, IV booth needs volunteers. Please sign up to volunteer.
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ngarugs
02-09 08:36 PM
"Senate leadership is comfortable with a proposal to solve retrogression for Schedule A occupation -- registered nurses and physical therapists. It was through grassroots advocacy that we were able to explain to the Senate leadership just how important this issue is. Thank you to everyone who made an effort.
We now must turn our efforts toward the House."
(and goes on with....)
"Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
Essentially anyone who is located in the Bay Area and wants to see retrogression solved should contact their hospital leadership and see if they are willing to make a few phone calls" (*click HLG (http://hammondlawgroup.blogspot.com/) for details)
We now must turn our efforts toward the House."
(and goes on with....)
"Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
Essentially anyone who is located in the Bay Area and wants to see retrogression solved should contact their hospital leadership and see if they are willing to make a few phone calls" (*click HLG (http://hammondlawgroup.blogspot.com/) for details)
amulchandra
02-05 10:48 PM
Hi all,
I am on H4 for the past few years. This year I am planning to switch to H1. A consulting firm of only 5 employees is willing to sponsor my H1. I would like to know the chances of my H1 getting approved. Because the company is small am I going to face any problems? What will be the impact of the size of the company on H1 approvals.
I would really appreciate your inputs because this time I want to resume my career again and I don't want to have any problems with H1.
Thanks,
Amul
I am on H4 for the past few years. This year I am planning to switch to H1. A consulting firm of only 5 employees is willing to sponsor my H1. I would like to know the chances of my H1 getting approved. Because the company is small am I going to face any problems? What will be the impact of the size of the company on H1 approvals.
I would really appreciate your inputs because this time I want to resume my career again and I don't want to have any problems with H1.
Thanks,
Amul
more...
Saburi
12-28 09:25 AM
Guys,
I switched my job in first week of October this year and My new employer filed the H1B transfer petition on Sep 26 (USCIS Receipt date). It has been almost two months and USCIS online status still shows case received and pending, while California State Center processing dates shown Oct 15 which is 20 days after Sep 26.
Is there anyone who has expereineced the same and want to share?
I am bit concerned because my employer has started the GC process and will be ready to submit the PERM application in few weeks.
Thanks in advance.
I had the same situation but in vermot center and it took 20 days to get transfered to the new company as i did file in Premium Processing, but a friend of mine did applied in regular as you did nd it took exactly 3 months to get it transfered.
So i think your will be done in Jan 2007 do not worry.
Best Regards
Saburi
I switched my job in first week of October this year and My new employer filed the H1B transfer petition on Sep 26 (USCIS Receipt date). It has been almost two months and USCIS online status still shows case received and pending, while California State Center processing dates shown Oct 15 which is 20 days after Sep 26.
Is there anyone who has expereineced the same and want to share?
I am bit concerned because my employer has started the GC process and will be ready to submit the PERM application in few weeks.
Thanks in advance.
I had the same situation but in vermot center and it took 20 days to get transfered to the new company as i did file in Premium Processing, but a friend of mine did applied in regular as you did nd it took exactly 3 months to get it transfered.
So i think your will be done in Jan 2007 do not worry.
Best Regards
Saburi
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sdrblr
09-11 01:01 PM
Guys
Just curious to know whether anybody received the physical card with out a CPO email or status. Did anybody with just "Welcome" email and status receive cards yet?
Just checking whether NO CPO status/ email = no card.
I received the "Welcome" email, status and the physical letter on Tuesday but no card yet. Any body in the same boat? (I understand that it takes about 1-3 weeks but many have received cards with in a week)
The reason I am asking is my I9 expires month end and HR is on my back for the updated doc. They would rather see a card than a letter which has no expiration date :)
Just curious to know whether anybody received the physical card with out a CPO email or status. Did anybody with just "Welcome" email and status receive cards yet?
Just checking whether NO CPO status/ email = no card.
I received the "Welcome" email, status and the physical letter on Tuesday but no card yet. Any body in the same boat? (I understand that it takes about 1-3 weeks but many have received cards with in a week)
The reason I am asking is my I9 expires month end and HR is on my back for the updated doc. They would rather see a card than a letter which has no expiration date :)
more...
waitingonlc
02-19 06:27 PM
'Comprehensive' Legislation vs. Fundamental Reform: The Limits of Current Immigration Proposals
By Marc R. Rosenblum
Migration Policy Institute, MPI Policy Brief No. 13, January 2006
http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf
By Marc R. Rosenblum
Migration Policy Institute, MPI Policy Brief No. 13, January 2006
http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf
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sw33t
07-27 03:31 PM
SENATOR CORNYN IS THE CHAIR OF THE INDIA CAUCUS IN THE U.S. SENATE
WHO: U.S. Senator John Cornyn of Texas
WHEN: Thursday,August 9,
Lunch: 11:30 a.m.
Speech: 12:30 p.m.
WHERE: Lakeway Inn, New Glass Ballroom
SPONSOR: Rotary Club/Lakeway
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COST: $250 per table of 10,
or $25 per individual
RESERVATIONS: MANDATORY!
10 Tables are being reserved
for Rotary & Guests
20 Table reservations will
be taken and must be paid for
by July 27, 2007!
Please PM me if you are interested.
WHO: U.S. Senator John Cornyn of Texas
WHEN: Thursday,August 9,
Lunch: 11:30 a.m.
Speech: 12:30 p.m.
WHERE: Lakeway Inn, New Glass Ballroom
SPONSOR: Rotary Club/Lakeway
Lake Travis
COST: $250 per table of 10,
or $25 per individual
RESERVATIONS: MANDATORY!
10 Tables are being reserved
for Rotary & Guests
20 Table reservations will
be taken and must be paid for
by July 27, 2007!
Please PM me if you are interested.
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ramesh9
08-21 08:58 AM
Do you have seperate last names?
Yeah Marco, we do have seperate last names?
Yeah Marco, we do have seperate last names?
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telekinesis
10-21 04:40 PM
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chapper
07-18 08:38 AM
I agree with Clockwork - PD is your labor filing date and not approval date. Good Luck.
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pezz77
08-27 01:50 PM
Hi guys,
I am in real need of suggestions for attorneys in the area. I am in PA, and need a good attorney (since mine just dropped off the face of the earth). Don't really care where he/she is, but I want to go with someone that it's been suggested by other immigrants, rather than other attys.
Please reply with suggestions. I appreciate it.
Thanks.
I am in real need of suggestions for attorneys in the area. I am in PA, and need a good attorney (since mine just dropped off the face of the earth). Don't really care where he/she is, but I want to go with someone that it's been suggested by other immigrants, rather than other attys.
Please reply with suggestions. I appreciate it.
Thanks.
more...
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eb3_nepa
05-26 09:59 PM
I had a VERY SIMILAR question
In my case it is simple. Current Immigration status and Manner of last entry is both H1B
In Spouse's case however here is the issue. She has used her EAD and she travelled last year using the AP.
So this is what I wrote under the 2 questions:
14) Manner of last entry: "PAROLEE"
15) Current Immigration Status: "Adjustment Of Status Pending".
IS THAT CORRECT?
In my case it is simple. Current Immigration status and Manner of last entry is both H1B
In Spouse's case however here is the issue. She has used her EAD and she travelled last year using the AP.
So this is what I wrote under the 2 questions:
14) Manner of last entry: "PAROLEE"
15) Current Immigration Status: "Adjustment Of Status Pending".
IS THAT CORRECT?
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morchu
06-10 06:12 PM
You dont have to be employed by the employer for 180 days. All you need is 485 pending for 180 days. So in the letter you can mention that 485 had been pending for more than 180 days.
The only catch is if USCIS question about your "intention" at the time of filing 485. (Since you didnt work for the company after 485, and now specifically says dont intent to..).
At the time of filing 485 you should have proper intention to join the original employer.
Maybe somebody else who went through similar experience can help u.
AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
Thanks!
The only catch is if USCIS question about your "intention" at the time of filing 485. (Since you didnt work for the company after 485, and now specifically says dont intent to..).
At the time of filing 485 you should have proper intention to join the original employer.
Maybe somebody else who went through similar experience can help u.
AC21 invocation letters typically state that you're using AC21 for switching employment after 180 days. What argument should be used to invoke AC21 in my case?
Thanks!
more...
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Santosh_gc
01-25 05:14 PM
Please e-mail CSC and ask them to look into it.
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Horace Jones
07-07 10:39 AM
Thanks for the link. I read the first few paragraphs and it seems really interesting. I'll check the rest out later on tonight.
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a_yaja
09-13 10:47 AM
Hi,
What is the last day for filling H1B? (assuming cap of 65,000 is not reached)
To be specific, can it be filled after 30th sept, 2009?
Thanks!
I am assuming you are talking about a new H1 that is subject to the 2009 - 2010 cap of 65K. You can file it anytime as long as H1 numbers are available. You can even file for a H1 in Sept. 2010 (that is subject to the 2009 - 2010 cap) if a visa number is available from the 2009 - 2010 quota (not sure if your job has to start before Oct. 2010 to qualify for a H1 subject to the 2009 - 2010 cap though).
What is the last day for filling H1B? (assuming cap of 65,000 is not reached)
To be specific, can it be filled after 30th sept, 2009?
Thanks!
I am assuming you are talking about a new H1 that is subject to the 2009 - 2010 cap of 65K. You can file it anytime as long as H1 numbers are available. You can even file for a H1 in Sept. 2010 (that is subject to the 2009 - 2010 cap) if a visa number is available from the 2009 - 2010 quota (not sure if your job has to start before Oct. 2010 to qualify for a H1 subject to the 2009 - 2010 cap though).
ravi98
11-24 12:13 PM
Ezra Klein - Should states set their own immigration quotas? (http://voices.washingtonpost.com/ezra-klein/2010/11/should_states_set_their_own_im.html)
The Kauffman Foundation has a report out ranking the "new economy" states. Their methodology "measures the extent to which state economies are knowledge-based, globalized, entrepreneurial, IT-driven and innovation-based � in other words, to what degree state economies� structures and operations match the ideal structure of the New Economy." The winners? Massachusetts, Washington, Maryland, New Jersey and Connecticut. The laggards? Mississippi, West Virginia, Arkansas, Alabama and Wyoming.
I never really know what to make of reports like this, but one of the metrics is "immigration of knowledge workers," which really isn't under the control of individual states. Visa quotas are set by the federal government. But why? There are a lot of places where a national solution really is best, but that seems particularly untrue in immigration. Detroit, for instance, has a lot of empty houses, a lot of shuttered factories, and a lot of emigration. They could probably use a bunch of immigrants to occupy homes, buy things, and start businesses. Similarly, California has had a pretty good experience with letting highly skilled immigrants start tech firms in the Northern part of the state. Maybe they'd like to let even more of them in to do it. These graphs explain the potential appeal (click for a larger version):
immigrantbusinesses.jpg
There are obvious difficulties with having a California visa that doesn't work in Oregon. But we have limited visas now -- think student visas, or temporary agricultural workers -- and we seem to get by all right. Another concern would be that certain states would be overtaken by xenophobia and basically shut off immigration, though Arizona suggests that you can do quite a lot to make immigrants miserable even without changing the number of available visas, and my hunch is that any state that went too far in this direction would face a tremendous outcry from its business community.
The Kauffman Foundation has a report out ranking the "new economy" states. Their methodology "measures the extent to which state economies are knowledge-based, globalized, entrepreneurial, IT-driven and innovation-based � in other words, to what degree state economies� structures and operations match the ideal structure of the New Economy." The winners? Massachusetts, Washington, Maryland, New Jersey and Connecticut. The laggards? Mississippi, West Virginia, Arkansas, Alabama and Wyoming.
I never really know what to make of reports like this, but one of the metrics is "immigration of knowledge workers," which really isn't under the control of individual states. Visa quotas are set by the federal government. But why? There are a lot of places where a national solution really is best, but that seems particularly untrue in immigration. Detroit, for instance, has a lot of empty houses, a lot of shuttered factories, and a lot of emigration. They could probably use a bunch of immigrants to occupy homes, buy things, and start businesses. Similarly, California has had a pretty good experience with letting highly skilled immigrants start tech firms in the Northern part of the state. Maybe they'd like to let even more of them in to do it. These graphs explain the potential appeal (click for a larger version):
immigrantbusinesses.jpg
There are obvious difficulties with having a California visa that doesn't work in Oregon. But we have limited visas now -- think student visas, or temporary agricultural workers -- and we seem to get by all right. Another concern would be that certain states would be overtaken by xenophobia and basically shut off immigration, though Arizona suggests that you can do quite a lot to make immigrants miserable even without changing the number of available visas, and my hunch is that any state that went too far in this direction would face a tremendous outcry from its business community.
MONCYS
03-30 05:22 PM
How to make the transtion from H1b to EAD with same employer ?
what are the implications ?
what are the implications ?
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