ramci
09-17 12:11 AM
All,
Please let me know your suggestion based on your experience.
H1B Details
H1B Entry in USA: 25-Mar-2007
Applied for Extension: 16 Dec 2008
RFE Received: April 2009
RFE Responded: May 2009
Denial Notice in USCIS Online System: 14-Sep-2009
VISA & I-94 Expired: 25-May-2009
Clarifications
1. Can I apply for the H1B Transfer with another Company ? I got a offer from a Company and they would like to do the H1B transfer and they are stating that there are no issues for H1B Transfer though the Extension got denied.
2.Since the H1B Denied, From When I have to stop working ? Is it after i receive my denial documents?
4. If transfer is possible, Can I start working based on the H1B Transfer Receipt Notice ? or Should I wait for the H1B Transfer Approval Notice to work ?
Please let me know your suggestion based on your experience.
H1B Details
H1B Entry in USA: 25-Mar-2007
Applied for Extension: 16 Dec 2008
RFE Received: April 2009
RFE Responded: May 2009
Denial Notice in USCIS Online System: 14-Sep-2009
VISA & I-94 Expired: 25-May-2009
Clarifications
1. Can I apply for the H1B Transfer with another Company ? I got a offer from a Company and they would like to do the H1B transfer and they are stating that there are no issues for H1B Transfer though the Extension got denied.
2.Since the H1B Denied, From When I have to stop working ? Is it after i receive my denial documents?
4. If transfer is possible, Can I start working based on the H1B Transfer Receipt Notice ? or Should I wait for the H1B Transfer Approval Notice to work ?
wellwishergc
04-10 07:01 PM
I think since your labor is cleared, you should be fine with going ahead with the H1 extension for 1 year. As I said, if you had your I-140 cleared, then you could have applied for a 3 year extension. The 365 day rule applies in case your labor is in the pending state. Let us assume that your labor is NOT approved. In such a case your labor should be pending more than 365 days prior to the expiry date of your current H1B. If not, you are not eligible for extension and you have to leave the country. Your case is different.
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
imneedy
02-04 01:33 PM
There is no need to change to H4. asaik , that is an extra un-necessary step.
AP should be enough.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
AP should be enough.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
rongha_2000
10-02 11:42 AM
Gotcha..!! Thanks..
No I dont plan to invoke AC21 anytime soon.
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
No I dont plan to invoke AC21 anytime soon.
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
more...
sintax321
05-28 02:56 AM
Soul you jsut wasted 10 min of my life waiting for your transitons........Good Job!!!
The most beutiful ugly site ever.
The most beutiful ugly site ever.
gdilla
06-07 11:57 PM
But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?
more...
gc007
11-19 01:24 PM
I have recently returned using AP. I had 3 APs and the officer took one and returned 2 back to me. Both were stamped and the officer told me that for my next trip I can use the 2 APs with me. And also that I need not submit any AP on my next trip back.
signin241
04-04 02:36 PM
My wife couldn't file her 485 as we got married in September. That's why I've to wait for her to get a valid visa (H1 if her file is picked in the lottery), else
F1 later.
Then If I use EAD, Is there any risk to her or myself ??
Is it Possible for me to come back to H1 once I start using EAD. (I have H1 valid till November 2010). ??
Thanks again for your response.
F1 later.
Then If I use EAD, Is there any risk to her or myself ??
Is it Possible for me to come back to H1 once I start using EAD. (I have H1 valid till November 2010). ??
Thanks again for your response.
more...
InTheMoment
02-21 05:24 PM
Does anyone have an idea whether new H1-B adjustment of status (quota exempt categories) are processed in Vermont itself or sent to California. Also, are they are taking the same time as extensions/transfers ? @90 days.
I read somewhere that only extensions are being transferred to CA.
Will be great to know from people who went thro' a similar quota exempt new H1-B approval process recently.
thanks !
I read somewhere that only extensions are being transferred to CA.
Will be great to know from people who went thro' a similar quota exempt new H1-B approval process recently.
thanks !
vandanaverdia
11-14 10:15 PM
bump
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new_phd
05-14 01:28 PM
Point taken.
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
subah ho gayi mamu ..... ae yabadaba chal iske liye chai banaa
translation: ("new_phd is finally up....
yabadaba please make tea for him")
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
subah ho gayi mamu ..... ae yabadaba chal iske liye chai banaa
translation: ("new_phd is finally up....
yabadaba please make tea for him")
ibbu_arif
11-16 10:27 AM
Hello Gurus,
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries :)
Following is my current Status
Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.
I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.
From the info in some posts, I understood that this extension puts me back into H1B Status.
Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.
But let's assume I don't get it Approved before I leave.
a) Am I allowed to travel outside USA while my AP is Pending ?
b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?
I appreciate your detailed answers.
Thanks
more...
capriol
12-02 11:32 AM
hey dude I hv an appointment on 10 dec as well in Mumbai! Its 10 am. However I wont be able to share acco with you as I will be coming from somewhere else.
Anyway, just finished sorting up all the docs. Good luck to you too. :)
Dear Friend:
I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.
Anyway, just finished sorting up all the docs. Good luck to you too. :)
Dear Friend:
I will also be going to the Kolkata Consulate to get my H1B stamped in May 2008 (HIB expires Aug 2008). Since getting an appointment at the US Consulate requires a prior payment of visa fees at a Consulate designated bank, I would apprecitae if you would let me know how this process works: I.e: (1) How to pay the visa application fee and the visa issuance fee at that bank; and (2) how to book an appointment at the Consulate at Kolkata. Thanks again.
JunRN
09-17 10:10 AM
Once this bill passed the Committee, there are more work to do. We need to call again so that it will be put to vote at the Full House level and then, at the Senate.
I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.
Let's call again today. Time is precious.
I sent "Thank you!!!" flowers to Sen. Menendez for sponsoring the same bill in the Senate.
Let's call again today. Time is precious.
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honge_kamyaab
11-30 09:24 AM
Remember I-140 is owned by your employer. If you quit the job your greencard process will start from PERM again with your new employer.
Portability applys six months after filing I-485.
Hope that helps.
Portability applys six months after filing I-485.
Hope that helps.
sanjay02
12-12 12:49 PM
I have a dumb question, do they finger print you( similar to non-immigrant category) when you enter using AP?
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prince_waiting
10-17 03:43 PM
Fellow IVians,
I was completely unaware of the fact that USPS does not forward USCIS mail to the forwarding address. I moved about a couple of months back and have been receiving my mail to the new address since then.
My checks were encashed on the 12th of October, so I guess I would be receiving my receipts soon. But if the RN is not delivered to me and goes back to the USCIS will they consider my application to be abondoned? I have already executed G-28 forms and is it OK if my lawyer receives a copy of the RN.
Also anybody has any idea if the USPS can hold my mail for a certain amount of time. I guess they do but just wanted to clarify.
Thanks
I was completely unaware of the fact that USPS does not forward USCIS mail to the forwarding address. I moved about a couple of months back and have been receiving my mail to the new address since then.
My checks were encashed on the 12th of October, so I guess I would be receiving my receipts soon. But if the RN is not delivered to me and goes back to the USCIS will they consider my application to be abondoned? I have already executed G-28 forms and is it OK if my lawyer receives a copy of the RN.
Also anybody has any idea if the USPS can hold my mail for a certain amount of time. I guess they do but just wanted to clarify.
Thanks
rolrblade
07-27 04:00 PM
Not entirely true..
Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.
There are a few things to see if what your lawyer did was correct:
1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf
2) Your company has your facsimile signatures or signature stamps.
this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.
In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.
Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.
There are a few things to see if what your lawyer did was correct:
1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf
2) Your company has your facsimile signatures or signature stamps.
this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.
In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.
gc_check
04-12 03:32 PM
Two Days Left for Submission of Comments to DOL on Substitution Elimination Proposed Rule....
IV Members, what do you folks think?
I suggest elimination of labour substitution is good for many of us and also help avoid people getting into the GC line in front of many people waiting for years, Many companies and attorney's suggest the labour substituion must be allowed, but I think the opposite... Any comments on this
IV Members, what do you folks think?
I suggest elimination of labour substitution is good for many of us and also help avoid people getting into the GC line in front of many people waiting for years, Many companies and attorney's suggest the labour substituion must be allowed, but I think the opposite... Any comments on this
krishnam70
08-14 04:13 PM
A woman who was traveling alone in the mountains found a precious stone in a stream.
The next day she met another traveler who was hungry, the woman opened her bag to share her food. The hungry traveler saw the precious stone and asked the woman to give it to him. She did so without hesitation. The traveler left, rejoicing in his great fortune. He knew the stone was worth enough to give him security for a lifetime.
But a few days later he came back to return the stone to the woman. "I've been thinking," he said, "I know how valuable the stone is, but I give it back in the hope that you can give me something even more precious. Give me what you have within you that enabled you to give me the stone."
The woman smiled, "The joy of giving!"
Agreed . Joy of giving is a great concept if its voluntary. If we place a condition that this is the minimum amount u can pay or no way we might lose a few members who might want to contribute lesser amounts..
cheers
The next day she met another traveler who was hungry, the woman opened her bag to share her food. The hungry traveler saw the precious stone and asked the woman to give it to him. She did so without hesitation. The traveler left, rejoicing in his great fortune. He knew the stone was worth enough to give him security for a lifetime.
But a few days later he came back to return the stone to the woman. "I've been thinking," he said, "I know how valuable the stone is, but I give it back in the hope that you can give me something even more precious. Give me what you have within you that enabled you to give me the stone."
The woman smiled, "The joy of giving!"
Agreed . Joy of giving is a great concept if its voluntary. If we place a condition that this is the minimum amount u can pay or no way we might lose a few members who might want to contribute lesser amounts..
cheers
Hermione
09-27 09:26 AM
Oh, by the way, the names in the article are not real. There are no such names among the 6th circuit opinions.
http://www.ca6.uscourts.gov/opinions/opinion.php
http://www.ca6.uscourts.gov/opinions/opinion.php
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