loku
09-30 08:38 PM
Hello,
I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.
My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?
2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?
Thanks for your help and time. Please advice!!
I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.
My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?
2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?
Thanks for your help and time. Please advice!!
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rahul74
05-04 11:04 AM
I am planning to apply for NIW based on my HPSA work location.
My attorney is stating that I need to change work contract to 5 years instead of 3 years for the same. According to him, I can add in the contract that this extention of contract is at discretion of employee after 3 years and it will not damage the interests of my employer.
Since I do not want to work after 3 years with my employer, is this contract language safe for me?
Also is it possible to swelf petition for NIW?
thanks in advance for the input.
My attorney is stating that I need to change work contract to 5 years instead of 3 years for the same. According to him, I can add in the contract that this extention of contract is at discretion of employee after 3 years and it will not damage the interests of my employer.
Since I do not want to work after 3 years with my employer, is this contract language safe for me?
Also is it possible to swelf petition for NIW?
thanks in advance for the input.
astudi
07-19 05:09 PM
My H1-B was approved in octubre 2008, I would like to go to my home country but i don't have a visa to be able to come back.
Now my question is:
Having an approved H1-b is a warranty for me to get a visa to come back to the US.
Now my question is:
Having an approved H1-b is a warranty for me to get a visa to come back to the US.
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jthomas
05-31 01:48 AM
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jazzy
12-12 09:44 AM
Gentlemen,
I had a quick question with EAD I understand that I can switch job after 180 days as long as there is 50% match in job description. However my companiy's legal coordiantor send me a weird query that she cannot find the job in hard to fill category. So my question is Does the job I am applying for using my EAD has to be hard to fill as in case of H1 or the only requirement is that the job description should match 50% with the underlying LC.
Thanks for your answers.
I had a quick question with EAD I understand that I can switch job after 180 days as long as there is 50% match in job description. However my companiy's legal coordiantor send me a weird query that she cannot find the job in hard to fill category. So my question is Does the job I am applying for using my EAD has to be hard to fill as in case of H1 or the only requirement is that the job description should match 50% with the underlying LC.
Thanks for your answers.
Hong12
12-13 11:18 AM
I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.
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NH123
06-27 02:21 PM
bump^^^^^^^^^^^^^^^^^
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Devils_Advocate
03-13 11:40 AM
HI ,
My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.
Can any one please clarify.
Thank you for your time
as far as i know that in the opt as long as you are employed its fine, even without pay employment works to keep the status active WITHOUT lapsing into the 90 day period. do tell him to cross check with his ISO
My brother graduated in Dec 08 and is on OPT now. He is with a consultant and he was wondering if there is any rule which states that folks on OPT should get a job in 3 months, otherwise the OPT will not be valid.
Can any one please clarify.
Thank you for your time
as far as i know that in the opt as long as you are employed its fine, even without pay employment works to keep the status active WITHOUT lapsing into the 90 day period. do tell him to cross check with his ISO
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go2roomshare
03-29 11:54 AM
any help gurus
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deepakd
07-08 12:02 PM
Everybody please post the names of attorneys who are easy / not easy, safe / not safe to deal with. People can post the names of the attorneys and a brief description (without specifics) about the problems / happy endings, they encountered. This could become an excellent review post for immigration lawyers. we could also maybe put 3 or 4 criteria to score them from 1 to 4. for eg:-
availability to answer questions
timely filing
acurate filing (with all documents)
current with legal provisions and latest changes
overall easiness to work with
cost
etc etc
Experts pls join in to fix the scoring pattern. We need to know the crooks and the good samaritarians out there.
I already opened up a similar thread. Please close this thread to avoid the duplicity.
Find the thread at
http://immigrationvoice.org/forum/showthread.php?t=5890
availability to answer questions
timely filing
acurate filing (with all documents)
current with legal provisions and latest changes
overall easiness to work with
cost
etc etc
Experts pls join in to fix the scoring pattern. We need to know the crooks and the good samaritarians out there.
I already opened up a similar thread. Please close this thread to avoid the duplicity.
Find the thread at
http://immigrationvoice.org/forum/showthread.php?t=5890
more...
webm
10-05 02:27 PM
Yes you can apply for EAD(I-765)/AP(I-131) anytime during 485 pending and send the notice/fedex tracking as a proof for it if required.
HTH,
RMG
HTH,
RMG
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eurosickwitit
04-23 07:10 PM
Wizard and Uber, what font do you think would be better??
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uma001
08-03 08:52 AM
Hello,
I am working for a company A with whome I have gone ahead and resigned with them i also filed my GC and 485 is still pending with them and also have EAD through them, recently i got offer from Company B which i accepted and they have gone ahead and filed my H1 Tranfer but recently i got one more offer from Company C which is much better.
What should be done in this scenario,should i again file for H1 Transfer through Company C or will it mess up my case even more
Join Company C since it is better offer. Look for your benefits..always.:)
I am working for a company A with whome I have gone ahead and resigned with them i also filed my GC and 485 is still pending with them and also have EAD through them, recently i got offer from Company B which i accepted and they have gone ahead and filed my H1 Tranfer but recently i got one more offer from Company C which is much better.
What should be done in this scenario,should i again file for H1 Transfer through Company C or will it mess up my case even more
Join Company C since it is better offer. Look for your benefits..always.:)
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ragz4u
04-19 09:49 AM
Guys i am new to the forum
I know its a tough one to guess but
any idea what could be
Most Optimistic Outlook for Eb2
Most pestimestic Outlook for Eb2
Median Outlook for Eb2?
thanks
I know how much the PDs mean to us, but what will this guessing achieve? In any case these are wild guesses, take one yourself and be happy with it!
IV is for trying to bring some sense to this senseless bureacratic procedure...lets all chip in to that instead of just guessing possible dates and keeping our lives on hold.
Thanks for understanding....
I know its a tough one to guess but
any idea what could be
Most Optimistic Outlook for Eb2
Most pestimestic Outlook for Eb2
Median Outlook for Eb2?
thanks
I know how much the PDs mean to us, but what will this guessing achieve? In any case these are wild guesses, take one yourself and be happy with it!
IV is for trying to bring some sense to this senseless bureacratic procedure...lets all chip in to that instead of just guessing possible dates and keeping our lives on hold.
Thanks for understanding....
more...
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Bonzer
07-19 10:13 PM
I'm sorry to hear about your mom's situation.
Obtaining the green card doesn't mean your mom has to come here immediately. She can attend the interview and choose to come at a later point. I'm not too familiar with the appointment process/wait times etc but it seems like a lot of hassle to have to reapply.
Is postponement of the interview a choice?
I dont know how long ago you obtained your green card or citizenship but these days it's a loooooooooooooooooooooong wait for the elusive GC. So grab your chance when it comes.
That was my two cents.
Obtaining the green card doesn't mean your mom has to come here immediately. She can attend the interview and choose to come at a later point. I'm not too familiar with the appointment process/wait times etc but it seems like a lot of hassle to have to reapply.
Is postponement of the interview a choice?
I dont know how long ago you obtained your green card or citizenship but these days it's a loooooooooooooooooooooong wait for the elusive GC. So grab your chance when it comes.
That was my two cents.
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Michael chertoff
08-01 09:08 PM
Please close the thread if it is non sence.
Just thaugt to have a idea about how many people have missed this opprtunity.
MY PD is EB2 June 7 2006.
MC
Just thaugt to have a idea about how many people have missed this opprtunity.
MY PD is EB2 June 7 2006.
MC
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kirupa
04-22 04:51 PM
The text looks hard to read. The actual graphic of the green thing is great. A member here, sushisource, uses an animated version of it in his avatar :beam:
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zedric03
08-04 09:33 PM
that's the term I was looking for, "virtual border"... so... can you help me sir?
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theOne
10-13 04:02 AM
Friends,
I have had my GC for about two and a half months now. I am currently checking out SOA consultant positions with a consultancy in Saudi Arabia. I don't know the length of the contracts yet. Can I work out of USA and still apply for Citizenship after the wait of 4 years and 9 months ? Does this require me to stay a certain amount of time in USA for every year ? What are the tax implications ? Would I have to file taxes on the income that I earned out of USA ? Thank you.
Regards,
theOne
I have had my GC for about two and a half months now. I am currently checking out SOA consultant positions with a consultancy in Saudi Arabia. I don't know the length of the contracts yet. Can I work out of USA and still apply for Citizenship after the wait of 4 years and 9 months ? Does this require me to stay a certain amount of time in USA for every year ? What are the tax implications ? Would I have to file taxes on the income that I earned out of USA ? Thank you.
Regards,
theOne
imm_pro
03-29 04:44 PM
Search for the memo 245i
If you have worked illegally for < 6months you may be covered by this..if its > 6 months.. go out of the country and come back in with a new i94..
Contact a good lawyer while filing 485
If you have worked illegally for < 6months you may be covered by this..if its > 6 months.. go out of the country and come back in with a new i94..
Contact a good lawyer while filing 485
surabhi
06-08 08:52 AM
You will be able to return to same employer if you get employed again with your old employer.
Alternatively, you can file new H1 with a new employer. YOu dont need to go visa stamping, but your son need to go in either case.
Make sure you either have a project with client letter or your employer has position to employ you on genuine internal project that can be documented well. Its not question of past pay stubs for you. Its about having valid and verifiable employment now.
Alternatively, you can file new H1 with a new employer. YOu dont need to go visa stamping, but your son need to go in either case.
Make sure you either have a project with client letter or your employer has position to employ you on genuine internal project that can be documented well. Its not question of past pay stubs for you. Its about having valid and verifiable employment now.
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