smiling08
09-12 12:21 PM
I am in this case, and I am on my OPT in the US. If I have the I-794B now, and will be valid Oct 1, 2008, can I change my employer and transfer H1-B? Or I have to activate it first. Thanks a lot!
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
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
mlkedave
03-08 12:40 PM
Dark Child has no votes, someones gotta vote for him, hes got a really good layout.
yeah i thought it was gonna be between him, paddy, and me
yeah i thought it was gonna be between him, paddy, and me
seaken75
07-17 10:14 PM
Do you know how long it will take to get GC from date of receipt of 485?
TwinkleM
07-02 02:55 AM
My lawyer did receive the RFE for new H1 application.
Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.
But, since now we have no choice but to chose consulate case, I was wondering if you all could guide whether to choose Home country or Third country (Canada or Mexico).
I personally want to go to neighboring country instead of home country as that would save lot of time.
Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.
Also,
1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.
2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?
3) What are the chances of them disapproving my case?
4) Am I allowed to take my U.S citizen kids along with me to the consulate?
5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
Canada - port of Entry thru road.
Mexico
India - Port of Entry in NJ or NY or Atlanta or Boston
Also, would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.
Advices from the expert lawyers, senior & junior members is appreciated.
Thanx in Advance
Since we did not mention whether embassy case or consulate case, they have asked to prove my legal immigrant status while filing the new H1. The reason, we did not chose the above option as I wanted to avoid consulate case & avoid traveling outside the country.
But, since now we have no choice but to chose consulate case, I was wondering if you all could guide whether to choose Home country or Third country (Canada or Mexico).
I personally want to go to neighboring country instead of home country as that would save lot of time.
Can somebody please provide with pros & cons to get it stamped from Home Country V/S third country.
Also,
1) what are the chances of stamping of approved H1 being denied in Home Country V/S Third Country.
2) In worst scenario, how many days can they make us wait outside USA before they approve or disapprove?
3) What are the chances of them disapproving my case?
4) Am I allowed to take my U.S citizen kids along with me to the consulate?
5) Which consulate is a safer option in terms of stamping my approved H1 & port of Entry.
Canada - port of Entry thru road.
Mexico
India - Port of Entry in NJ or NY or Atlanta or Boston
Also, would highly appreciate if people could post their experiences of recent H1 stamping along with the location of consulate.
Advices from the expert lawyers, senior & junior members is appreciated.
Thanx in Advance
more...
gconmymind
08-14 12:58 PM
A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
pd2001_12
09-15 12:26 PM
Any ideas? (My wife and son are in india now).
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.
more...
crystal
07-04 10:09 PM
Are sure about whether you can go for stammping to canada when you are going for first time stamping? I think you need to go to india where they can check your education credentials. If you have done masters/bachelors in u.s then only you can go to canada i guess . I am not very sure about it though. I read it somewhere.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.
For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.
i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.
i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.
chanduv23
06-17 02:47 PM
Do u have to inform USCIS everytime u change job or just first time would be sufficient?
Thank you.
What my Attorney (Prashanti Reddy - who does free sessions on IV) said
Please note that even after sending this out, you might get an intent to deny or denial notice on your I-485 as soon as your employer revokes the I-140. In which case we must respond within 30 days with the same documentation. This happens because the docs often dont find their way to your file as they have not been requested for by the USCIS. Also the intent to revoke might be sent to your old attorney, you should get a copy of the same also. However, i advice you keep in touch with the USCIS by checking status of your case online and keep in touch with the other attorney also, so that we dont miss the deadline to respond in case you do get an RFE or intent to deny or denial on your I-485.
Thank you.
What my Attorney (Prashanti Reddy - who does free sessions on IV) said
Please note that even after sending this out, you might get an intent to deny or denial notice on your I-485 as soon as your employer revokes the I-140. In which case we must respond within 30 days with the same documentation. This happens because the docs often dont find their way to your file as they have not been requested for by the USCIS. Also the intent to revoke might be sent to your old attorney, you should get a copy of the same also. However, i advice you keep in touch with the USCIS by checking status of your case online and keep in touch with the other attorney also, so that we dont miss the deadline to respond in case you do get an RFE or intent to deny or denial on your I-485.
more...
ameryki
08-27 10:21 PM
mate i am in the same boat as you. but I personally don't think anything can be done to change that. It is completely based on IO's judgement when approving application.
GotGC??
01-12 05:29 PM
I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
more...
bmoni
08-19 07:37 PM
I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.
Thanks,
Thanks,
tp976
12-31 01:53 PM
No FP notice either. Check signatue for more details.
sept 11 notice date, EAD approved for spouse and me. case transferred to TSC, no FP yet
sept 11 notice date, EAD approved for spouse and me. case transferred to TSC, no FP yet
more...
suman
12-17 09:45 AM
Hi
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
If i-485 gets denied then what should i be doing?
Should i call the USCIS to find the reason for denial or Should i visit a lawyer?
Is their any way that i can get my I-485 reopen?
In how many days should i get my I-485 reopened?
Please help i am in need!
Phaedra
05-30 11:54 AM
Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.
Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?
Worried,
P
more...
sam_hoosier
12-11 02:50 PM
guys,
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.
You should consult a lawyer.
I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..
I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...
Did you check the job code for Auditor vs. Audit Manager ? 2x salary differential could be a problem.
You should consult a lawyer.
sam_gada
07-11 02:56 PM
Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com
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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.
ras
04-02 09:05 PM
My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).
I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.
Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?
my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.
Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?
Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?
Your early response helps me take a decision.
I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.
I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.
Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?
my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.
Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?
Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?
Your early response helps me take a decision.
I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.
tinkugadu
07-04 10:25 PM
In General there is a big need of Talents in US, so If you go now I dont think they will dig details in your case. According to my recent study (As I went for stamping in April)they are just checking W2s or recent Pay stubs. So you should be fine.
Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
Good Luck.
thank you all guys, i will probably take a attorney and i am also preparing my self to give a good answer if they ask.
Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
Good Luck.
thank you all guys, i will probably take a attorney and i am also preparing my self to give a good answer if they ask.
reddymjm
09-17 09:07 AM
When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
AP is like a VISA. Not all of us got 3 copies. Some of us got only 2 copies.
I entered US(Detroit) from Canada. My wife needed to use AP and I still had valid H1b stamped. Still they made me use the AP. I left my other 2 copies at home thinking I do not have to use my AP. Then the officer explained that they need all the copies of the AP (atleast 2). They will stamp AP on the passport valid from 1 year from the date of entry irrespective of the expiry date on AP. They will return us a copy of the AP with the same expiry date on it. What he told me is even if I dont have any more copies I can still travel(not just b/w US and Canada) till the expiry date stamped on the passport and next time I will be getting I94 till that date not one year.
Hope it helps.
Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.
How does it work? Will the officer just stamp the AP and make a copy?
AP is like a VISA. Not all of us got 3 copies. Some of us got only 2 copies.
I entered US(Detroit) from Canada. My wife needed to use AP and I still had valid H1b stamped. Still they made me use the AP. I left my other 2 copies at home thinking I do not have to use my AP. Then the officer explained that they need all the copies of the AP (atleast 2). They will stamp AP on the passport valid from 1 year from the date of entry irrespective of the expiry date on AP. They will return us a copy of the AP with the same expiry date on it. What he told me is even if I dont have any more copies I can still travel(not just b/w US and Canada) till the expiry date stamped on the passport and next time I will be getting I94 till that date not one year.
Hope it helps.
immi2006
05-31 09:45 AM
My close friend mentioned - recently aged parents of a Cisco Systemss manager came from Madras. They arrived in SFO and were asked to go back, since they had come here a year before and had asked for an extension of visa from 6 months to 1 year, they stayed and then went back. They came back this year to visit and were denied entry at Port of ENtry. His parents were in 75 years range and have vowed not to come back.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
I believe their doucmented were in order otherwise. So it is tough to take things for granted.
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