permfiling
12-09 10:40 PM
My cousin has a offer from a employer in CA who is willing to do H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know .
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
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kumar1
12-26 12:48 PM
Context is very important here. IRS has its own rules, USCIS has got its own and then universities have their own set of rules. I have had a lot of fight with university to get in-state tution fee on H-4 visa. So please explain your context and I can shed some more light on this topic (based on my own experience).
lalithkx
07-29 04:57 PM
I was wondering if there is any update available from this meeting?
Lot of people from participated in the conference call and asked specifically about concurrent July/August filer I-140 backlogs and TSc discrimination. Ombudsman and USCIS people replied that they are aware of the problem, tried to get response from TSC but TSC is apparently not replying to their request for Information. They said that they shall post the info as soon as it is available (god knows when). They asked everybody to submit form 7001 to Ombudsman so that he can escalate the issue. Let us see if anything comes out of this.
Lot of people from participated in the conference call and asked specifically about concurrent July/August filer I-140 backlogs and TSc discrimination. Ombudsman and USCIS people replied that they are aware of the problem, tried to get response from TSC but TSC is apparently not replying to their request for Information. They said that they shall post the info as soon as it is available (god knows when). They asked everybody to submit form 7001 to Ombudsman so that he can escalate the issue. Let us see if anything comes out of this.
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lord_labaku
11-19 03:38 PM
I think this is a good idea. Most people here, coming from a computerized world, assume that everything in USCIS is automated. Its only partly true. Due to security reasons, preventing vulnerability, they still deal with mostly paper.
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mdcowboy
02-25 06:28 PM
I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.
This is a forum to help people who are in distress..not to make a mockery of their situation. When you post such insult, consider yourself in their shoes!
This is a forum to help people who are in distress..not to make a mockery of their situation. When you post such insult, consider yourself in their shoes!
Macaca
07-11 06:28 PM
the bay area.
- SFSU
- SJSU
Most F1's are not realizing that they will NOT get GC without legislative changes. They need to be educated, if it is possible, about this FACT. I know that I, and most of my friends, would have been UNeducatable.
- SFSU
- SJSU
Most F1's are not realizing that they will NOT get GC without legislative changes. They need to be educated, if it is possible, about this FACT. I know that I, and most of my friends, would have been UNeducatable.
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amsgc
04-17 08:36 PM
The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.
It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
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sapota
10-15 02:19 PM
I am actually amazingly surprised by the phone customer service that USCIS is offering now (I remember having to dial INS phone customer numbers only to get constant engaged tones). Talking to a customer service rep will give you up to date status of your case (online status is not most updated).
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arunasri
09-19 03:42 PM
my PD is July 2004 EB3. I got 2 yrs EAD approved on 9/10.
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satyasaich
04-23 12:42 AM
You are correct.
Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
Remember during july 2nd drama, lot of people got different notice dates and receipt dates. The processing date meaning is Nebraska service center is ready to review applications with receipt date of July11th.
so if someone mailed on jun 30th and the status online says received on july 26th does it mean that they are not processing these dates as yet? Im kinda confused!
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bindas74
05-16 04:07 PM
All,
Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"
Just wanted to update everyone so that all the June/July filers can file appropriately.
Again, mine could be an isolated case. So, please dont panic::))
Did not want to create any sensational news, but this is what I gathered from speaking to an IO. I had applied for my EAD on Jan 25th and havent received any updates. So, I called the NSC customer service and an IO informed me that I need to check back with them in another 60 days if no decision is made by that time. When I said that it would be 6 months by that time, the IO said that "that's right. Each IO has about 500 applications on their desk and it will take some time to clear these off"
Just wanted to update everyone so that all the June/July filers can file appropriately.
Again, mine could be an isolated case. So, please dont panic::))
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pappu
02-24 11:54 AM
If we force people to fill profile, they start filling fake details.
How do we make people update their profiles with real details?
I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.
How do we make people update their profiles with real details?
I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.
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yagw
12-10 03:01 PM
The dot system if used properly is a good system as other community members can privately control the reputation of each other. Community can also identify posters who are mischief makers by giving them reds and identifying them publicly. This reduces the need for moderators significantly as moderators cannot read every post and every thread everyday. Pls suggest better ways in which we should handle reputation system.
Pappu,
This reasoning may not apply here. Lets see, what is the positive effect of "other community members controlling reputation of each other"? We are not ignoring some one's post just because he got lot of red dots. Like wise, we don't value some one's post because he got more green dots. Do we? AFAI see here, we value the post based on its content.
Also, I am not sure how this reputation system helps moderators. From seeing the posts here, the members always alerts the admin to delete some offensive posts and not the reputation points.
So the better option is, remove this reputation system and let the users call out for admins to delete posts, if it is offensive. That way, the moderators/admins don't have to read all the posts.
Or at least remove the anonymous nature of the reputation system.
I personally think, this anonymous nature of affecting some one else' reputation brings the worst out of our human nature. I have got some red dots a while back with comments like "don't answer trivial questions." I know who that person is and I am pretty sure the real intention is different.
Even though it didn't put me off from visiting IV, things like this definitely makes it not a welcoming place.
YAGW.
Pappu,
This reasoning may not apply here. Lets see, what is the positive effect of "other community members controlling reputation of each other"? We are not ignoring some one's post just because he got lot of red dots. Like wise, we don't value some one's post because he got more green dots. Do we? AFAI see here, we value the post based on its content.
Also, I am not sure how this reputation system helps moderators. From seeing the posts here, the members always alerts the admin to delete some offensive posts and not the reputation points.
So the better option is, remove this reputation system and let the users call out for admins to delete posts, if it is offensive. That way, the moderators/admins don't have to read all the posts.
Or at least remove the anonymous nature of the reputation system.
I personally think, this anonymous nature of affecting some one else' reputation brings the worst out of our human nature. I have got some red dots a while back with comments like "don't answer trivial questions." I know who that person is and I am pretty sure the real intention is different.
Even though it didn't put me off from visiting IV, things like this definitely makes it not a welcoming place.
YAGW.
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mihird
09-26 04:29 PM
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
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ars01
06-27 10:48 AM
My lawyer asked me to write my A# from my OPT card that I used in 1999-2000. According to him A# is assigend once for an individual and if you were assigned before you can continue to use that in future. Though I never used that in the past 7-8 years.
My wife got an OPT card last month and we used A# from that card for her dependent I-485 application
My wife got an OPT card last month and we used A# from that card for her dependent I-485 application
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sriv1
01-30 05:46 PM
Same here.. We filed for Change of Status on Oct 1, so far no update from Vermont Center. Are these published dates real?
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justsomeguy
08-21 10:41 PM
you said you waited 5 years... i says what's another 3-5 months :)
hang in there...3-5 months will fly by... heck 2008 is almost over!
... at least wait until the october bulletin is out... that may give you a better idea whether you want to use ac 21 or not
what ever you end up doing - good luck!
hang in there...3-5 months will fly by... heck 2008 is almost over!
... at least wait until the october bulletin is out... that may give you a better idea whether you want to use ac 21 or not
what ever you end up doing - good luck!
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GC Khichdi
10-24 03:44 PM
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
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black_logs
03-25 08:34 AM
TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.
Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already thrashed TOI for publishing such nonsense and urged them to stop helping anti-immigrant groups by publishing such stupid articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.
http://timesofindia.indiatimes.com/articleshow/1463861.cms
Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already thrashed TOI for publishing such nonsense and urged them to stop helping anti-immigrant groups by publishing such stupid articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.
http://timesofindia.indiatimes.com/articleshow/1463861.cms
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.
akhilmahajan
04-30 12:27 PM
Your case got approved pretty fast........
I just wanted to make sure it was not filed premium.........
Thanks.
I just wanted to make sure it was not filed premium.........
Thanks.
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