karthiknv143
06-20 12:27 PM
^^^^^^^^
lazycis
04-05 02:24 PM
I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
1. Yes.
2. No.
3. Does not matter
4. Does not matter unless you are a supervisor over a lot of people
5. Make more, of course!
I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
Can someone please answer my questions? :confused:
1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
2) Should I let USCIS know that I am changing my employment?
3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:
5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:
Thanks in advance for you replies.
1. Yes.
2. No.
3. Does not matter
4. Does not matter unless you are a supervisor over a lot of people
5. Make more, of course!
BimmerFAn
05-29 09:34 AM
I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.
I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.
To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.
The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.
Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.
Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.
Applied for a Waiver with the DOS: 4/22/10
Received by DOS: 4/30/2010
Response: Favorable Recommendation 05/04/2010
Received by the USCIS @ VSC: 05/07/2010
Waiver Approved by USCIS: 05/15/2010
H1-B Filed under PP with the USCIS: 05/07/10
H1-B Received by the USCIS: 05/11/10
Decision: H1-B Approved 05/25/10
I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.
To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.
The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.
Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.
Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.
Applied for a Waiver with the DOS: 4/22/10
Received by DOS: 4/30/2010
Response: Favorable Recommendation 05/04/2010
Received by the USCIS @ VSC: 05/07/2010
Waiver Approved by USCIS: 05/15/2010
H1-B Filed under PP with the USCIS: 05/07/10
H1-B Received by the USCIS: 05/11/10
Decision: H1-B Approved 05/25/10
smisachu
01-02 02:09 AM
See my answers below. Best of Luck!!
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
Yes she can. She need not respond and can travel back on AP. However consult an attorney on how to withdraw the visa application, so the record is straight.
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
Yes. AP and H1 have no relation to each other. She has an approved H1, so she can enter on AP and still work on H1. This is valid if she withdraws her H1 stamping application, if the visa gets rejected-consult an attorney about the use of H1 after rejection.3. Any other options/advice?[/QUOTE]
more...
aj1234567
10-04 06:29 PM
Hi Gurus-
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
One of my friends had received strange letter from the consulate saying that
We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.
With this letter we are returning your passport. no additional information or documents are required from you.
We will contact you once a final decision has been made on your application
Please advice me why they send this letter and what necessary action we need to take..
Thanks
Aj
same_old_guy
02-20 06:53 PM
invincibleasian :
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
more...
pani_6
07-19 05:23 PM
1. My lawyer clearly said you can't, unless you file it together with AOS.
2. I765 and I131 forms. Everything else has already gone in with the AOS.
I spoke with the USICS immi officer...she mentioned that you cant apply Ead/ap without A#..they will rject it and you cant update them later with the #
2. I765 and I131 forms. Everything else has already gone in with the AOS.
I spoke with the USICS immi officer...she mentioned that you cant apply Ead/ap without A#..they will rject it and you cant update them later with the #
hopein07
03-16 12:25 PM
I think sertasheep put it right. For Indian MBBS, US trained docs the best options outside US are the middle east, Dubai in particular, and India. In India Appolo and Escorts hire foreign trained docs but remember India also does not recognize US PG degree so they cannot work in Govt hospitals but they can always open their own shop just on the basis of MBBS and boldly put US degree on the big board. India is truly the land of the free in this respect. You cannot even imagine doing this in US or any other developed country.
But do not write off Canada just yet because there are still some jobs there for physicians and it's not as if US trained docs are not allowed at all. Canada is worth giving a shot but Australia, New Zealand, UK, etc. are all closed and dead options for a variety of reasons ranging from licensing process, immigration process, very few training positions, very scarce medical jobs, racism, discrimination etc. Middle East has it's own issues specially if you are not a Muslim although Dubai is quite modern and welcoming but kids will be influenced and politics there is also quite nauseating. That just leaves you with India and you already know the ins and outs of it.
But do not write off Canada just yet because there are still some jobs there for physicians and it's not as if US trained docs are not allowed at all. Canada is worth giving a shot but Australia, New Zealand, UK, etc. are all closed and dead options for a variety of reasons ranging from licensing process, immigration process, very few training positions, very scarce medical jobs, racism, discrimination etc. Middle East has it's own issues specially if you are not a Muslim although Dubai is quite modern and welcoming but kids will be influenced and politics there is also quite nauseating. That just leaves you with India and you already know the ins and outs of it.
more...
neogator
01-19 05:17 PM
If they were famous, popular, talented etc etc....wouldn't they be EB1 rather than EB3 .
desidas
01-23 08:28 PM
Ramba,
Please advise
I dont work for my GC Sponsoring employer anymore and I dont have H1B either
Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?
I changed jobs using AC-21 and working on EAD now and H1B not valid anymore
Please advise
I dont work for my GC Sponsoring employer anymore and I dont have H1B either
Will it be any issue at Port of Entry if they ask why I am not working from my GC employer anymore?
I changed jobs using AC-21 and working on EAD now and H1B not valid anymore
more...
waltz
08-24 10:17 AM
Wisconsin Public Radio www.wpr.org
You can listen online
For Program On: Friday, August 24, 2007 at 9:00 AM
According to a new report, the U.S. suffers from �brain drain� because many skilled, foreign-born workers can�t get resident visas. After nine, Kathleen Dunn talks with one of the researchers. Guest: Vivek Wadhwa, founder, Chairman, and CEO of Relativity Technologies. Executive in Residence/Adjunct Professor, Pratt School of Engineering, Duke University. www.kauffman.org
You can listen online
For Program On: Friday, August 24, 2007 at 9:00 AM
According to a new report, the U.S. suffers from �brain drain� because many skilled, foreign-born workers can�t get resident visas. After nine, Kathleen Dunn talks with one of the researchers. Guest: Vivek Wadhwa, founder, Chairman, and CEO of Relativity Technologies. Executive in Residence/Adjunct Professor, Pratt School of Engineering, Duke University. www.kauffman.org
ameryki
02-27 02:32 PM
You mention receipt number starting with LIN ,I have a receipt number starting with SRC . Anyone know the difference ,if there is one ?
thanks
Maristella61 thanks for hijacking my thread!...
Now back to my questions... I realize I am in good shape with things in place but will I need the receipt notice when applying for AP/ EAD renewal? My lawyer had asked me to send them money orders for the filing so I don't have any confirmation of the payments but can always print out the application status online. let me know.
thanks
Maristella61 thanks for hijacking my thread!...
Now back to my questions... I realize I am in good shape with things in place but will I need the receipt notice when applying for AP/ EAD renewal? My lawyer had asked me to send them money orders for the filing so I don't have any confirmation of the payments but can always print out the application status online. let me know.
more...
ramrrec
03-08 10:06 AM
Extremely sorry Prem for interrupting your thread.
Hi Ann Ruben,
I am kindly requesting you to respond to my thread mentioned below as soon as possible as it is really URGENT.
My Thread Title: URGENT-Is it legally allowed to enter US with H1B visa stamp of 'CLOSED' company? .
This thread is available in same category on this site.
Appreciate your quick response in advance!!
Thanks and regards
Ramrrec
Hi Ann Ruben,
I am kindly requesting you to respond to my thread mentioned below as soon as possible as it is really URGENT.
My Thread Title: URGENT-Is it legally allowed to enter US with H1B visa stamp of 'CLOSED' company? .
This thread is available in same category on this site.
Appreciate your quick response in advance!!
Thanks and regards
Ramrrec
ebizash
07-23 12:16 PM
Don't mean to hijack this thread but since my question is related to AP renewal I thought I would. OP if you have problem with this question, let me know and I will delete this post.
I will be applying for AP renewal online for myself and my wife. This will be our 3rd AP (2nd renewal). The only problem is we never received the I-485 physical receipt (we know the LIN no. as well as A#) for her. So far my attorney had been filing the renewals but this time I want to save money and do it myself. I think its kind of stupid to pay 600-800 to attorney for such a simple task.
Has anyone been in this situation? Can anyone suggest, what other document we could use such as copy of prior APs, EADs, FP notices etc?
I will be applying for AP renewal online for myself and my wife. This will be our 3rd AP (2nd renewal). The only problem is we never received the I-485 physical receipt (we know the LIN no. as well as A#) for her. So far my attorney had been filing the renewals but this time I want to save money and do it myself. I think its kind of stupid to pay 600-800 to attorney for such a simple task.
Has anyone been in this situation? Can anyone suggest, what other document we could use such as copy of prior APs, EADs, FP notices etc?
more...
gevgelija50
02-27 02:39 PM
So applications from India are in first place with over 300% more applications than the second place? Wow
akhilmahajan
11-15 08:15 AM
New England (MA, ME, NH, RI, VT) folks come forward and lets plan out meeting the lawmakers.
What u say folks? This is the right time to act.
GO IV GO. TOGETHER WE CAN.
What u say folks? This is the right time to act.
GO IV GO. TOGETHER WE CAN.
more...
sheelalann
05-21 12:55 PM
we should sue wipro :-)
seahawks
07-19 08:32 PM
I work in CA, my I140 is approved from NSC.
But the lawyer sent the 485 to TSC.
I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC
Employment-based adjustment of status.
File all employment-based adjustment of statusapplications at the following address:
USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485
Did my lawyer screw up?
No, there are two theories, usually if your I-140 was approved from TSC, then 485 gets filed there. Most of the 485's got to Texas these days. Now if it was send in any of them, they usually forward it to the right center.
I am from WA, mine I-140 was filed in TSC and so was my 485. They have different clauses like if you file concurrently, if your I-140 was approved and soo on.. so what is given online is not very clear. Don't worry, things will be fine. If you feel you are confused, always call USCIS and they will provide you the input.
Not an attorney, just an observation and reading. I know lot of people filed in NSC and they got forwarded by NSC to TSC!
But the lawyer sent the 485 to TSC.
I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC
Employment-based adjustment of status.
File all employment-based adjustment of statusapplications at the following address:
USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485
Did my lawyer screw up?
No, there are two theories, usually if your I-140 was approved from TSC, then 485 gets filed there. Most of the 485's got to Texas these days. Now if it was send in any of them, they usually forward it to the right center.
I am from WA, mine I-140 was filed in TSC and so was my 485. They have different clauses like if you file concurrently, if your I-140 was approved and soo on.. so what is given online is not very clear. Don't worry, things will be fine. If you feel you are confused, always call USCIS and they will provide you the input.
Not an attorney, just an observation and reading. I know lot of people filed in NSC and they got forwarded by NSC to TSC!
zCool
01-30 01:41 PM
Sent email to all the ones below..
Use following list!
editor@lenconnect.com,editor@alconareview.com,bbro wn@allegannews.com,smurch@thealpenanews.com,letter s@annarbornews.com,edit@upnorthpub.com ,news@arenacindependent.com,argus@chartermi.net,ss mith@battlecr.gannett.com,forum@bc-times.com,newspaper@baymills.org,kmartin@mn.homeco mm.net,bcrnews@bcrnews.net,gkowalski@hometownlife. com,exponews@frontiernet.net,mseward@cadillacnews. com,kkuban@hometownlife.com,marcia.steffens@leader pub.com,rich.adams@cheboygantribune.com,ksmith@oe. homecomm.net,kmartin@mn.homecomm.net,cgoodaker@cra in.com,avalanche@i2k.net,editor@thedailyreport.com ,editor@pressandguide.com ,letters@freepress.com,letters@metrotimes.com,lett ers@detnews.com,john.eby@leaderpub.com,sean@dundee .net,edit@upnorthpub.com,rrudden@dailypress.net,sj enkins@hometownlife.com,kmartin@mn.homecomm.net,le tters@flintjournal.com,news@ncats.net,
smason@hometownlife.com,editor@gaylordheraldtimes. com,editor@ejourney.com,lpainter@grandhaventribune .com,pulse@grpress.com,gleiva@gtherald.com,dclark@ staffordgroup.com,editor@ilecamera.com,jminnis@gro ssepointenews.com,james.pruitt@hillsdale.net,Jim.H ayden@hollandsentinel.com,frontdesk@countywidenews paper.com,bsargent@mininggazette.com,resorter@voya ger.net,kniebel@hearstnp.com,editor@iosconews.com, marian@ironcountyreporter.com,news@ironmountaindai lynews.com,globenews@chartermi.net,editor@citpat.c om,frontdesk@birchrivergroup.com,rpierce@kalamazoo gazette.com,ksmith@oe.homecomm.net,sentinel@up.net ,dmelot@lsj.com,editor@countypress.com,editor@leel anaunews.com,mstuart@ht.homecomm.net dvarga@hometownlife.com,sbegnoche@ludingtondailyne ws.com,vanhulle@macombdaily.com,editor@marcellusne ws.com,msysop@hdtinfo.com,newsroom@miningjournal.n et,
Chronicle4@aol.com,mdnletters@mdn.net,editor@milan news.com ,mtrecept@ht.comecomm.net,tom@monroenews.com,tcyou ng@nemichigan.com,scoon@michigannewspapers.com,mun isingnews@jamadots.com,gcarlson@muskegonchronicle. com,donna@voicenews.com,jan.griffey@leaderpub.com, daguilar@gannett.com,cstone@ht.homecomm.net,neil.m unro@oakpress.com,editor@oceanaheraldjournal.com,e ditor@ontonagonherald.com,editor1@oscodapress.com, ksmith@oe.homecomm.net,kwint@petoskeynews.com,bkad rich@hometownlife.com,tdwalker@gannett.com,Editor@ piadvance.com,dvarga@hometownlife.com,frontdesk@bi rchrivergroup.com,gwinkelman@hometownlife.com,news @romeoobserver.com,editor@dailytribune.com,kmartin @mn.homecomm.net,letters@thesaginawnews.com,editor @stignacenews.com,editor@salinereporter.com,publis her@allegannews.com,editor@sooeveningnews,sblack@h t.homecomm.net,
wpeal@hometownlife.com,editor@thenewsherald.com ,letters@heraldpalladium.com,newsroom@sturgisjourn al.com,editor@tecumsehherald.com,edit@upnorthpub.c om,letters@record-eagle.com,news@tctimes.com,sarmbruster@hometownlif e.com,editor@troy-somersetgazette.com,joe.warner@advisorsource.com,v ptimes@sbcglobal.net,news@thescngroup.com.,news@tr icityrecord.com,letterstotheeditor@advancenewspape rs.com,lruehlen@hometownlife.com,smason@hometownli fe.com,editor@whitelakebeacon.net,editor@ypsilanti courier.com
Use following list!
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coolman
07-01 11:40 AM
My daughter is in college and I was wondering if there is any chance of getting a FAFSA loan for her with I-485 application applied in July 2007.
Thanks
Thanks
newtoh1
12-02 04:50 PM
I have a question..
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?
Applying labor before 365 days of H1 expiry is enough
or
Approval of labor before 365 days of H1 expiry is required
for getting extension of 1 year on H1 visa ?
