garybanz
01-15 10:30 AM
My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.
So what you suggest what should be my bext step.
If there is no signed contract then you have nothing to worry about! Go ahead and do what you would like to.
So what you suggest what should be my bext step.
If there is no signed contract then you have nothing to worry about! Go ahead and do what you would like to.
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jatinr
09-05 10:50 PM
[QUOTE=nirajnp;160331]Hi,
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
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navyug
02-13 03:22 PM
BIG 5 is good. But I doubt they will start the GC anytime soon as they themselves will be in midst of lay-offs (could be even minor). In this economy every big firm is shedding people. They will say they will sponsor, but things get dragged on for long.
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yetanotherguyinline
04-15 01:04 PM
I had the same issue and I just sent in paper returns.
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eb3_nepa
09-07 12:10 PM
I am actually quite perturbed by this discussion. I feel there is NO need for an "American" accent. As long as your english pronounciation is clear and your grammer is strong, you should have NO problems.
If you have studied in English from Day one, you should feel good about yourself. You have already put in hard work since your childhood and you do not need to be embarassed that your English does not sound like the average American. As long as you do not have a VERY strong accent from whatever country you are from, I see NO reason to "Americanize" our English. If someone is doing it to improve their spoken English then I am all for it. If someone is doing it just to gain "acceptance" then I feel it is wrong. You are who you are. Right now you are NOT an American, you were NOT born here so then why should you talk exactly like an American when you are NOT an American??
Also I am not too happy at this being mentioned as an "Indian" specific issue. Citizens of almost EVERY country have their own accent. Indians, Chinese, Japanese,, Italians, Irish, British, East Europian they ALL have a unique accent. I dont see anyone criticizing the Irish, British or the Australian accents. I see some people in this forum making fun of just the Indian accent, so i thought i should clarify this point.
If you have studied in English from Day one, you should feel good about yourself. You have already put in hard work since your childhood and you do not need to be embarassed that your English does not sound like the average American. As long as you do not have a VERY strong accent from whatever country you are from, I see NO reason to "Americanize" our English. If someone is doing it to improve their spoken English then I am all for it. If someone is doing it just to gain "acceptance" then I feel it is wrong. You are who you are. Right now you are NOT an American, you were NOT born here so then why should you talk exactly like an American when you are NOT an American??
Also I am not too happy at this being mentioned as an "Indian" specific issue. Citizens of almost EVERY country have their own accent. Indians, Chinese, Japanese,, Italians, Irish, British, East Europian they ALL have a unique accent. I dont see anyone criticizing the Irish, British or the Australian accents. I see some people in this forum making fun of just the Indian accent, so i thought i should clarify this point.
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flthere
08-12 06:01 PM
That wud be nice, even if they combine the fees :)
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chanduv23
04-18 10:40 PM
Folks here is the deal.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
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yabadaba
06-20 09:43 AM
they changed the specs cupl of years back..now its all forward facing
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usr2004
01-25 02:31 PM
This is for FAFSA student aid application
I bought some UNITS from UNIT TRUST OF INDIA for my daughter when she was 1 year old back in India.
Do I need to report this as student asset? where does this asset fit in?
I am also facing all of the above issues for my daughter's college admission.
Thanks
I bought some UNITS from UNIT TRUST OF INDIA for my daughter when she was 1 year old back in India.
Do I need to report this as student asset? where does this asset fit in?
I am also facing all of the above issues for my daughter's college admission.
Thanks
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snathan
03-24 11:45 AM
I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.
My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.
My current H1B transfer is denied and previous H1B and I-94 is expired.
Current H1B transfer:
Start date: Nov-21-08,
RFE received: Dec-30-08,
RFE responded: Feb-06-09
RFE expiry date: Feb-10-09
Received Denial: Mar-02-09.
Previous H1B with Employer-A expired: Jan-31-09.
I-94 expired: Feb-10-2009.
What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?
If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?
Please guide me asap. Thanking you in advance!
If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.
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common1
01-25 06:54 PM
sameer2730:
I am sorry for the misleading title...but it was meant for light humor. Emotions run high on this forum so I will keep your suggestion in mind when I post in future.
Thanks.
I am sorry for the misleading title...but it was meant for light humor. Emotions run high on this forum so I will keep your suggestion in mind when I post in future.
Thanks.
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sorcerer666
03-25 12:52 PM
I think for anyone to help you here, you need to provide more details. If all the facts in the letter that you pasted from USCIS is true, there seems to be very limited grounds for appeal.
***I am not a lawyer***
***I am not a lawyer***
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pcbadgujar
09-22 03:45 PM
Hi PCS,
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
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mjdup
01-23 12:29 AM
IV core, thanks a million. You're well organized with a plan, this dedication will go in a long way in all future personal and professional endeavors. You are the final hope to thousands fighting this sluggish problem.
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lostinbeta
09-10 12:01 PM
Sounds pretty "nifty":nerd:
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sankap
07-05 03:28 PM
http://online.wsj.com/article_print/SB118359095890657571.html
Reversal Frustrates Green-Card Applicants
By MIRIAM JORDAN
THE WALL STREET JOURNAL: July 5, 2007
The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.
In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.
News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.
"My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."
Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.
The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.
A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.
Write to Miriam Jordan at miriam.jordan@wsj.com1
Reversal Frustrates Green-Card Applicants
By MIRIAM JORDAN
THE WALL STREET JOURNAL: July 5, 2007
The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.
In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.
News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.
"My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."
Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.
The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.
A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.
Write to Miriam Jordan at miriam.jordan@wsj.com1
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gc_on_demand
05-20 10:46 AM
Members
Please participate in this survey.. This will help people who didnot get a chance to file for AOS
Please participate in this survey.. This will help people who didnot get a chance to file for AOS
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CADude
02-28 10:14 PM
YES based on RD.
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
"ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...
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Macaca
01-28 09:03 AM
There is a pledge for $75 and recurring pledges in another forum.
karthikgk
10-19 02:11 PM
Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
pappu
01-20 09:21 PM
The whole retrogression is very depressing if you were to look at numbers and predictions based on the numbers. This is the reaosn we need to work harder and contribute our time and money for this effort. If we cannot do it this year, then we can easily forget getting a greencard for the next 2 years and more. There will be no immigration bill next year due to presidential election.
This is all the more reason for us to go all out and get the immigration bill passed this year itself. We need all members to help in this effort. We have a strong membership of around 8500 members we can count on for support. However it is sad that only 154 members have thus far contributed in the past 1 week despite all the effort to raise funds. IV is prepared to go all out and get the work done, the question is ARE YOU?
This is all the more reason for us to go all out and get the immigration bill passed this year itself. We need all members to help in this effort. We have a strong membership of around 8500 members we can count on for support. However it is sad that only 154 members have thus far contributed in the past 1 week despite all the effort to raise funds. IV is prepared to go all out and get the work done, the question is ARE YOU?