busybee2512
06-14 12:01 PM
I went to graduate school in the US, (majored in Architecture) and was on an F1 visa from the period 2006-2009.I graduated in Aug 2008 and applied for an H1 through a consultancy firm.The petition for an H1 visa was approved, but I decided to return back home anyway and came home in 2009.
2 weeks ago, I visited the States for a week for a conference on a B1/B2 visa. I eventually want to return to the States and work there and therefore, need advice in this regard...
Given that my petition for an H1 has been approved, will the company that offers me employment have to reapply for an H1 for me?Or can the H1 be transferred from the Consultant company(that got me the H1), to the new company easily?!
Any help in this matter will be highly appreciated!
Thanks!
2 weeks ago, I visited the States for a week for a conference on a B1/B2 visa. I eventually want to return to the States and work there and therefore, need advice in this regard...
Given that my petition for an H1 has been approved, will the company that offers me employment have to reapply for an H1 for me?Or can the H1 be transferred from the Consultant company(that got me the H1), to the new company easily?!
Any help in this matter will be highly appreciated!
Thanks!
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pnayak
01-11 12:20 PM
Hi All,
I had a question regarding the relationship between the number h1b transfers and green card process. I've heard some people say that if you have transferred H1b to many companies then the green card process will be delayed because USCIS needs to be convinced that you will be continuing with the same employer. Is this true or does it really not matter how many times you change employers it doesn't effect the green card process.
I have already transferred once. I am thinking of transferring one or possible two more times but am just worried about how this will effect the green card application process.
Thanks,
Purushotham Nayak
I had a question regarding the relationship between the number h1b transfers and green card process. I've heard some people say that if you have transferred H1b to many companies then the green card process will be delayed because USCIS needs to be convinced that you will be continuing with the same employer. Is this true or does it really not matter how many times you change employers it doesn't effect the green card process.
I have already transferred once. I am thinking of transferring one or possible two more times but am just worried about how this will effect the green card application process.
Thanks,
Purushotham Nayak
nat23
12-15 09:35 AM
Have a question related to that:
If job / EB2 stipulates Bachelors + 5 years criteria, does it imply 5 years after obtaining the degree or can the experience be cumulative ?
From what I know the 5 yrs are after obtaining the degree. Your job responsibilities should increase in those 5 yrs. That is why when people try to apply under EB2 with Bachelors + 5 years criteria the experience letters play a big role. On the other hand when people substitute the Bachelors + 5 years criteria with MS and a few yrs experience all they need is the degree and a letter from the co-worker that they worked there without having to spell out the job responsibilities.
Having said all this, I might be wrong as I'm not a lawyer.
Cheers
Nat
If job / EB2 stipulates Bachelors + 5 years criteria, does it imply 5 years after obtaining the degree or can the experience be cumulative ?
From what I know the 5 yrs are after obtaining the degree. Your job responsibilities should increase in those 5 yrs. That is why when people try to apply under EB2 with Bachelors + 5 years criteria the experience letters play a big role. On the other hand when people substitute the Bachelors + 5 years criteria with MS and a few yrs experience all they need is the degree and a letter from the co-worker that they worked there without having to spell out the job responsibilities.
Having said all this, I might be wrong as I'm not a lawyer.
Cheers
Nat
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senthil1
07-24 10:26 PM
If EB2 you may receive within 2 to 4 years from your PD and if EB3 then 4 to 6 years from your PD. But it will change postively if there is increase of GC temporary or permanent. It will change negatively if they increase H1b and not GC
I've been reading a lot regarding how many people is submitting their application this month, some how after see the possible figures I feel demoralized, looks like before July 2007 all of us were having an idea of our process, then the USCIS mess appeared and now I have no idea of when I will receive the GC or if some day I will receive it.
The USCIS just gave us the sense of advancement but in reality they did not giveus anything, just look the facts, you will have EAD and PAD, but if your I140 or I485 fail then you will be ouf of status, so many people will decide to maintain their H1B status, so why did we apply?
Can any one elaborate or give an estimate of when will we be receiving our GC (whe nI say we I'm thinking in all the people applying under the Visa Bulletin 2007 mess).
Thanks
I've been reading a lot regarding how many people is submitting their application this month, some how after see the possible figures I feel demoralized, looks like before July 2007 all of us were having an idea of our process, then the USCIS mess appeared and now I have no idea of when I will receive the GC or if some day I will receive it.
The USCIS just gave us the sense of advancement but in reality they did not giveus anything, just look the facts, you will have EAD and PAD, but if your I140 or I485 fail then you will be ouf of status, so many people will decide to maintain their H1B status, so why did we apply?
Can any one elaborate or give an estimate of when will we be receiving our GC (whe nI say we I'm thinking in all the people applying under the Visa Bulletin 2007 mess).
Thanks
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rc0878
09-18 10:36 AM
JunRN,
Just curious How Fast???
I think it is better. Your EAD and AP will be processed faster because they are in CSC and your I-485 is in TSC, which is better than NSC.
Just curious How Fast???
I think it is better. Your EAD and AP will be processed faster because they are in CSC and your I-485 is in TSC, which is better than NSC.
english_august
09-23 11:35 PM
That made me say "Well duh!" :o
Thanks guys.
Thanks guys.
more...
Blog Feeds
09-15 12:40 PM
Today Immigration Customs and Enforcement ("ICE") (http://www.ice.gov/pi/nr/0909/090910elcentro.htm) announced an arrangement with Imperial County Sheriff's Department in which individuals during the booking process will have their biometric data checked with Department of Homeland Security ("DHS") data and FBI data to determine whether or not they are in the United States illegally. When a person's fingerprints match those of someone in DHS' biometric data system, ICE is automatically notified. ICE will then take steps to determine the individual's immigration status and then take appropriate action after the offender completes his or her prison term.
ICE already has agreements with Los Angeles County and San Diego County. Nationwide coverage is expected by 2013.
More... (http://www.californiaimmigrationlawyerblog.com/2009/09/more_california_counties_are_c.html)
ICE already has agreements with Los Angeles County and San Diego County. Nationwide coverage is expected by 2013.
More... (http://www.californiaimmigrationlawyerblog.com/2009/09/more_california_counties_are_c.html)
2010 before the weight loss?
immiuser123
07-18 03:22 AM
It depends on how many cases that will be pending approval on October after the surge of applications this July and August.
I think it wouldn't be current for some countries specifically India and China.
Thanks for the reply
So, you mean they will use next year quota also for people filing in July and Aug
I think it wouldn't be current for some countries specifically India and China.
Thanks for the reply
So, you mean they will use next year quota also for people filing in July and Aug
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smuggymba
10-13 10:49 AM
Can someone work in US on H1B and in India for an Inidan company and get paid in Inidan currency? If H1B restricts you from doing so I am willing to switch to EAD if that permits me from working remotely for indian company.
that's how infy, wipro, tcs work...they get ppl here on H1 and get paid in dollars....once they go back to india, they get paid in rupees....u need h1 if ur in the US.
that's how infy, wipro, tcs work...they get ppl here on H1 and get paid in dollars....once they go back to india, they get paid in rupees....u need h1 if ur in the US.
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pdt
06-14 03:51 PM
NIW 140 approved last year. EB1a 140 RFE/485 pending. Can I file a new 485 for NIW? or do I have to withdraw the pending 485 before filing the new 485?
Thanks a lot.
Thanks a lot.
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fall1998
05-18 05:06 PM
I think someone has given you incorrect information.
A visitor can stay for a maximum of 6 months (180 days - unless person is given earlier date in I-94, which is not usual) At a stretch. If person returns before 180 days, he/she can come back within a day and get a new I-94 and again can stay for 6 months (180 days or the date written on new I-94).
So, person's stay is not governed by number of days in a year, but by the date which is written on I-94. As long as she gets new I-94 with new date, she can stay until that date.
As a side note, what you are confusing with is the tax requirements, which is: If you are claiming a person to be your dependent, he/she must have stayed in the country for atleast 6 months in a calendar year.
A visitor can stay for a maximum of 6 months (180 days - unless person is given earlier date in I-94, which is not usual) At a stretch. If person returns before 180 days, he/she can come back within a day and get a new I-94 and again can stay for 6 months (180 days or the date written on new I-94).
So, person's stay is not governed by number of days in a year, but by the date which is written on I-94. As long as she gets new I-94 with new date, she can stay until that date.
As a side note, what you are confusing with is the tax requirements, which is: If you are claiming a person to be your dependent, he/she must have stayed in the country for atleast 6 months in a calendar year.
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snathan
05-17 10:41 PM
You can say 'Yes', but it will trigger unnecessary questions from IO. I am not sure about the consequences. If I were you, I would say NO as its not full time course and not going to change the status to F1. I beleive you should say 'YES' only if you change to F1 visa in the future.
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ashkam
10-15 01:00 PM
Doing it as we speak.
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Blog Feeds
08-07 09:40 AM
We recently assisted a client from Johannesburg, South Africa, regarding an H-1B specialty occupation visa. He was approved for an H-1B visa, but in order for our client to enter the United States, he must obtain an H-1B visa in his passport. Because the chances of visa issuance vary greatly depending on documentation and individual circumstances, we suggested that he go to the interview at the U.S. consulate very well prepared. We told him to take a certified copy of his entire H-1B package that was filed with the Immigration Service, along with his Form I-797 Approval Notice. We also suggested that he take original birth certificates, marriage certificate, and proof of financial support. He attended the interview this morning and his experience at the U.S. consulate in Johannesburg, South Africa was documented as follows.
“My wife, myself and our son had our interview at the U.S. Consulate here in Johannesburg this morning, at 9:00am. We duly arrived at 8:30am, had our relevant DS documents checked at the door, took a number, and waited for the “call.” At promptly 9:00am we were called to a booth, where our fingerprints were taken, the DS forms checked with the original I-797 form, and then told to go and sit down again. 10 minutes later, we went back to the booth, had our fingerprints taken again, and that was it. All visas approved, and to pay DHL the delivery costs. No questions asked, no documents asked for, no requirement of proof of copies of documents, nothing. All in all a painless and easy task.”
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/SIuWhfoqaFk/)
“My wife, myself and our son had our interview at the U.S. Consulate here in Johannesburg this morning, at 9:00am. We duly arrived at 8:30am, had our relevant DS documents checked at the door, took a number, and waited for the “call.” At promptly 9:00am we were called to a booth, where our fingerprints were taken, the DS forms checked with the original I-797 form, and then told to go and sit down again. 10 minutes later, we went back to the booth, had our fingerprints taken again, and that was it. All visas approved, and to pay DHL the delivery costs. No questions asked, no documents asked for, no requirement of proof of copies of documents, nothing. All in all a painless and easy task.”
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/SIuWhfoqaFk/)
more...
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arun.kumar06
07-19 11:35 AM
I searched the forums briefly but could not find a similar case, please assist.
There is a requirement for me to take up another position with the same employer (sort of Lateral job transfer) with the following details:
My H1B is sponsored by State Government who I have been working for 6+ years.
PD=DEC 2002, EB3
485 Filed= JUNE 6, 2007
FP = JULY 17, 2007
The new position will be with:
Same Employer
Same Job Title
Same Job Description
Same Job Duties
Same Pay
Same Classification Code (internal state job code#)
Same Supervisor
Same Location physically same cabin
Same everything else I can think of.
ONLY THING DIFFERENT IS THE "POSITION NUMBER" that is assigned by the Personnel Department. There will be an internal advertising for the position and interview & selection process.
I would like to know:
1) Does accepting the position at this stage cause problem with the Green Card process, i.e, will it affect my I485, PD or anything else? I have waited 6+ years to get to this stage and obviously I do not want to take any kind of risk.
2) Do I need to inform or check with USCIS or any other agency about this position change?
3) Do I need to do anything else to protect my PD, AOS etc.
I would appreciate all the assistance I can get.
There is a requirement for me to take up another position with the same employer (sort of Lateral job transfer) with the following details:
My H1B is sponsored by State Government who I have been working for 6+ years.
PD=DEC 2002, EB3
485 Filed= JUNE 6, 2007
FP = JULY 17, 2007
The new position will be with:
Same Employer
Same Job Title
Same Job Description
Same Job Duties
Same Pay
Same Classification Code (internal state job code#)
Same Supervisor
Same Location physically same cabin
Same everything else I can think of.
ONLY THING DIFFERENT IS THE "POSITION NUMBER" that is assigned by the Personnel Department. There will be an internal advertising for the position and interview & selection process.
I would like to know:
1) Does accepting the position at this stage cause problem with the Green Card process, i.e, will it affect my I485, PD or anything else? I have waited 6+ years to get to this stage and obviously I do not want to take any kind of risk.
2) Do I need to inform or check with USCIS or any other agency about this position change?
3) Do I need to do anything else to protect my PD, AOS etc.
I would appreciate all the assistance I can get.
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GIDOC
07-15 12:09 AM
Good Job Geesee,
This is a good avenue for highlighting our issues. I will send her a letter also about retrogression and FBI namecheck issues.
This is a good avenue for highlighting our issues. I will send her a letter also about retrogression and FBI namecheck issues.
more...
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lazycis
02-06 08:57 AM
Hello everyone,
I am in a very bad condition n would appreciate anyone who can advice me on same. I had been out of status for about 1 yr n 2 months following my denial of I 140 n expiration of H1b, n currently residing in US. Now i have a new approval for H1b from USCIS, a month back. I was instructed by my employer to go back to my native country n get approval from from the consulate n re enter US. My lawyer instructed that i will be barred at the consulate or at the airport due to the history of over stay in US upon re-entering . Is there any one who have heard experinces of this kind ever? plz share your knowledge... thanks
Lawyer is right. If you leave the country, you will be barred for 10 years from re-entry if you accumulated more than 1 year of "unlawful presence" ("out of status" is different and it is not a such a big deal to lose status as long as you do not accumulate unlawful presence). If you stay, you may be able to eventually get green card.
Can you provide more details regarding your timeline? Was I-485 filed? If you had pending I-485, "unlawful presence" counts from the date I-485 has been denied, not from the date H1 has expired.
I am in a very bad condition n would appreciate anyone who can advice me on same. I had been out of status for about 1 yr n 2 months following my denial of I 140 n expiration of H1b, n currently residing in US. Now i have a new approval for H1b from USCIS, a month back. I was instructed by my employer to go back to my native country n get approval from from the consulate n re enter US. My lawyer instructed that i will be barred at the consulate or at the airport due to the history of over stay in US upon re-entering . Is there any one who have heard experinces of this kind ever? plz share your knowledge... thanks
Lawyer is right. If you leave the country, you will be barred for 10 years from re-entry if you accumulated more than 1 year of "unlawful presence" ("out of status" is different and it is not a such a big deal to lose status as long as you do not accumulate unlawful presence). If you stay, you may be able to eventually get green card.
Can you provide more details regarding your timeline? Was I-485 filed? If you had pending I-485, "unlawful presence" counts from the date I-485 has been denied, not from the date H1 has expired.
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martinvisalaw
06-05 05:13 PM
SEE MY ANSWERS BELOW IN CAPS.
1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen?
YES
if so, will the priority date be same or it will be new once converted to F1 category.
IT WILL STAY THE SAME.
2. Can I apply for both family based and employment based in parallel?
YES, THIS IS COMMON.
if it is not possible which path should I select? Will the employment based GC will be faster of family based?
FAMILY-BASED AS THE UNMARRIED CHILD OF A US CITIZEN IS PROBABLY FASTER, ASSUMING YOU ARE FROM INDIA.
1. If my father applies for GC for me under F2B can it be converted to F1 when he becomes citizen?
YES
if so, will the priority date be same or it will be new once converted to F1 category.
IT WILL STAY THE SAME.
2. Can I apply for both family based and employment based in parallel?
YES, THIS IS COMMON.
if it is not possible which path should I select? Will the employment based GC will be faster of family based?
FAMILY-BASED AS THE UNMARRIED CHILD OF A US CITIZEN IS PROBABLY FASTER, ASSUMING YOU ARE FROM INDIA.
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ivgclive
12-11 12:36 PM
No. He got the new I797 recently and does'nt have VISA.
Thats what probably triggered the 221(g).
They have to verify documents on his visa.
IV had few posts on this earlier in 2007, search for that. You can find some good information.
Thats what probably triggered the 221(g).
They have to verify documents on his visa.
IV had few posts on this earlier in 2007, search for that. You can find some good information.
waiting4gc02
01-18 11:26 AM
I also hace approved I-140.
So Chicago_Desi, how much extra do we pay for that..??
So Chicago_Desi, how much extra do we pay for that..??
go_guy123
10-01 02:31 PM
MALDEF is one organization that has openly talked on piecemeal bill. Now we need to see
other allied groups like La Raza come to the same conclusion.
Till then EB2/3 reform will have to wait.
other allied groups like La Raza come to the same conclusion.
Till then EB2/3 reform will have to wait.
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