mast_mastmunda
11-10 02:00 AM
Dear Friends/Experts,
I am planning to go to India for my marriage.
- I have an H1B visa stamped on my passport from my previous employer "A"...The H1B stamped on my Indian passport is valid till Oct'2009.
- I made a transfer from EMPLOYER "A" to EMPLOYER "B" in June 2007.
- H1B filed under Premium processing by EMPLOYER "B" was approved on end of June 2007.
- However, the receipt # for EMPLOYER "B" is different than I-797 receipt # of EMPLOYER "A"
The current status which shows on USCIS website at:
https://egov.uscis.gov/cris/jsps/index.jsp
EMPLOYER "A" STATUS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On December 12, 2007, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
EMPLOYER "B" STAUTS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case approved; approval notice e-mailed.
On June 27, 2007, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Question:
-------------
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
I am planning to go to India for my marriage.
- I have an H1B visa stamped on my passport from my previous employer "A"...The H1B stamped on my Indian passport is valid till Oct'2009.
- I made a transfer from EMPLOYER "A" to EMPLOYER "B" in June 2007.
- H1B filed under Premium processing by EMPLOYER "B" was approved on end of June 2007.
- However, the receipt # for EMPLOYER "B" is different than I-797 receipt # of EMPLOYER "A"
The current status which shows on USCIS website at:
https://egov.uscis.gov/cris/jsps/index.jsp
EMPLOYER "A" STATUS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Cable sent to American Consulate or port of entry notifying them of approval.
On December 12, 2007, the appropriate American Consulate or port of entry was notified of the approval of this case. Please contact them directly if you need more information.
EMPLOYER "B" STAUTS:
--------------------
Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: Case approved; approval notice e-mailed.
On June 27, 2007, this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.
Question:
-------------
- I am planning to visit India in end of November' 2008....I was wondering as EMPLOYER "A" H1B is already stamped in my passport and stamp is valid till Oct'2009. I was wondering do i need to get a *NEW* H1B visa stamped?
- My concern is regarding the EMPLOYER "A" H1B Status on USCIS website (above). Does this above status means that H1B from EMPLOYER "A" has been revoked? Do i need to get EMPLOYER "B" visa stamped now?
- The reason I am asking is due to the delay concerns due to PIMS system.:mad: I am planning to get it stamped at NEW DELHI.:confused:
I will appreciate your quick response.
Thanks, :confused::confused:
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pkv
02-07 05:04 PM
97 views... and no response..
has nobody filed EAD by self and after filing I-485???
has nobody filed EAD by self and after filing I-485???
raju_abc
07-23 11:20 AM
It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.
ya , in ur words agents
ya , in ur words agents
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truthinspector
02-12 06:16 PM
No !
Hi,
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC
Thanks
Hi,
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC
Thanks
more...
worriedsoul
09-25 04:32 PM
They forgot to metion one more track, "Are you jewish?", as they have lots of programs for jewish people to migrate into united states. I was suprised to meet so many of so called jews in my office from all over the world (mainly from Russia, Ukarine and such..) who come in through those programs. They are eligible to apply for green card as soon as they enter United States and get it in no time. And can apply for citizenship after 5 years just like everyone else.
vikki76
06-17 01:13 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
more...
vselvam
12-16 05:20 PM
I would like to know some details about EB3.
Currently the priority date for EB3 India is May�01.
My PD is Mar�2004.
When no reforms happen, how long approximately it will take to reach my PD.
I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?
Thanks
Currently the priority date for EB3 India is May�01.
My PD is Mar�2004.
When no reforms happen, how long approximately it will take to reach my PD.
I know it is based on how many people applied, yearly and per country limit. Can any one guess or possibly know how we can find about these details about movement such that how many people applied, if it goes on the same speed then how long it will take to move from one year to next year. Can anyone guess?
Thanks
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smartboy75
12-04 06:41 PM
Hi Folks
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
As we go through the motions from one visa bulletin to another, I wanted to start a discussion regarding maitaining PR. I have been pondering about this for quiet some days and also reseached a bit and am still unable to get correct information.
Following are the guidelines for maintaining Permanent residency on the USCIS website:
Maintaining Permanent Residence
Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.
You may be found to have abandoned your permanent resident status if you:
Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a �nonimmigrant� on your tax returns.
Source: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=fe17e6b0eb13d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
Although the USCIS website clearly states in points 2 and 3 the residency requirement, I am still not clear what the rules says. For eg: After getting my GC is there any specific number of days I need to stay in the US mandatorily ?? Is it 1 week, 3 months, 6 months ?? What if I visit the US only for a month or two and then remain out ..would that result in revoking of my GC.....???
The more I think, the more I am convinced that your GC is really precious if you want to be a US citizen.....if not then there is always a risk of loosing it ..even accidentally ?? If yes, then is it worth the trouble and hassel ??
Can anyone throw more light on what the law says....can anyone guide as to what must be done if you want to maintain ur PR but at the same time not live here continuously ??
PS: Please no educated guesses ...
Appreciate your help.
more...
Gravitation
03-06 02:19 PM
I say EB3 India will move to Jan 1st 2002.
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gc_chahiye
11-19 12:41 PM
i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
+ 3 years is correct, as thats what your H1 petition is for. You will get a 3 year multiple entry visa, thats the standard for H1.
+ no problem with your sister being in the US. The H1-B is a dual intent visa. Unlike a student visa or a tourist visa you are not required to prove any ties to INdia or convince them that you'll return. Dont take any support letter from your parents, its not needed. As long as you have a bonafide job offer from the US and your degree certificate etc are in order, you are good to go.
If they ask you if you'll come back, the answer is upto you: you can say yes, you can say you'll evaluate in 3 years if you want to return or extend for another 3 etc. Typically it does not come up because of the dual-intent nature of this visa.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
+ 3 years is correct, as thats what your H1 petition is for. You will get a 3 year multiple entry visa, thats the standard for H1.
+ no problem with your sister being in the US. The H1-B is a dual intent visa. Unlike a student visa or a tourist visa you are not required to prove any ties to INdia or convince them that you'll return. Dont take any support letter from your parents, its not needed. As long as you have a bonafide job offer from the US and your degree certificate etc are in order, you are good to go.
If they ask you if you'll come back, the answer is upto you: you can say yes, you can say you'll evaluate in 3 years if you want to return or extend for another 3 etc. Typically it does not come up because of the dual-intent nature of this visa.
more...
webm
06-09 02:50 PM
"Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..
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venky_handsy
09-10 10:31 PM
your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.
since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.
hope this helps
so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.
since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.
hope this helps
more...
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gova123
08-15 09:06 AM
I agree, with the Country limit, the situation might be much worse. And also in the point where you said that the CIR failed at the first stage. The main reason CIR failed was probably everyone thought that CIR would directly give amnesty to 12-16 million and also did not separate Illegal to Legal immigrants.. If somehow we separate them out and explain that IV is doing the lobbyingonly for Legal immigrants, we can even show to some of the office colleagues and they will find it very interesting and may be listen to our geniune concerns. Any inputs to my suggestions..................
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bharmohan
07-30 10:24 AM
No, VO returned my passport to me. They said will be sending a mail after review all those documents given by me.
more...
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abhijitp
07-08 07:48 PM
I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?
May be we can get their help to gather support from pro India congressmen and senators
Sounds like a good idea.
May be we can get their help to gather support from pro India congressmen and senators
Sounds like a good idea.
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abhijitp
11-14 09:19 PM
Some folks are disappointed with the latest bulletin? Well, what else were you expecting?
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
And why should you care? One of IV's goals is to abolish retrogression and take away all the glamor associated with priority dates and visa bulletins! So, wake up if you haven't already... join your state chapter, and become an active member!
more...
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Almond
07-17 08:07 AM
This is a terrible situation, I feel so bad for you. Can you afford to go to a lawyer as soon as you can and ask for advice? I think it's very important, this is critical. 11 years:(
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singhv_1980
01-22 06:54 PM
Buddy! I am not too sure about that. But according to my understanding security check is an optional thing depending on the job profile but this PIMS is for everyone. I am not too sure how long is the delay because of PIMS in Toronto. But ppl in India have waited on an average for 2 weeks. Again, some of them got their visa right away also. So, you may wanna call consulate and ask them if you are stuck coz of PIMS or also for additional security checks.
But in the end, I can say..dont worry! hang on there...you are not alone in this.
But in the end, I can say..dont worry! hang on there...you are not alone in this.
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fide_champ
12-20 11:05 PM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.
The safer bet i would say is to go out of country and come back with a new H1.
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Your friend's immediate task is to rectify the status issue. Either he has to get a visitor or a student visa and get back to status ASAP. Since his H1 was cancelled, he cannot do a H1 transfer. The other option is to go out of the country immediately and apply for a fresh H1. The new H1 would not be counted against the cap as he has not completed 6 years with the previous H1.
The safer bet i would say is to go out of country and come back with a new H1.
gcpool
03-14 09:22 AM
The thing that has to be remembered is that you have to mention is very clearly how you are availing the priority date and also quote the law.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.
I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case
There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485
The first process is common and said to be proven. But the second is not very common.
But I have come to conclusion that both of them work.
Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.
skv
08-30 05:09 PM
Congratulations, my friend! :)
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