ruchi555
03-02 01:40 AM
Hi Gurus,
Please advise me regarding my situation
My current H1B expires May 1s1 and I have my H1B extension pending (in lieu of GC pending with the same company, and EAD is not an option for me because of dependents) with a fortune 500 company A, with whom I am employed. They plan to do a round of layoffs in a couple of weeks that I am sure my team is a part of.
With the foreknowledge of pending situation, please let me know if I can validly take the following course of action.
I am thinking that I premium process my 3 year H1extension with company A right away, then have it transferred to company B. Only problem is extension starts in a future date, ie May 1st.
Can I get my current+extended H1B transferred to company B even before the start date of extended May1st . If I have to wait till May1st to get it transferred, does it matter that on May 1st I am not with company A anymore.
Please advise me regarding my situation
My current H1B expires May 1s1 and I have my H1B extension pending (in lieu of GC pending with the same company, and EAD is not an option for me because of dependents) with a fortune 500 company A, with whom I am employed. They plan to do a round of layoffs in a couple of weeks that I am sure my team is a part of.
With the foreknowledge of pending situation, please let me know if I can validly take the following course of action.
I am thinking that I premium process my 3 year H1extension with company A right away, then have it transferred to company B. Only problem is extension starts in a future date, ie May 1st.
Can I get my current+extended H1B transferred to company B even before the start date of extended May1st . If I have to wait till May1st to get it transferred, does it matter that on May 1st I am not with company A anymore.
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sixpockets
07-15 06:59 AM
count me in
gc_lover
06-27 01:20 PM
Can i file for I-485 while my H1-B extension petition is pending?
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?
Thanks
sri
Yes...you can file. Those are completely seperate process.
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?
Thanks
sri
Yes...you can file. Those are completely seperate process.
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Blog Feeds
03-21 09:30 AM
Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/022510dnmeticeraids.1572cfa1e.html) reports. The largest number of arrests, 119, were in North Texas. According to the article:
Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.
The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.
A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.
Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.
Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/300-immigrants-with-criminal-records-arrested-in-texas.php)
Nearly 300 illegal immigrants with criminal convictions were arrested last week in Texas, the Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/022510dnmeticeraids.1572cfa1e.html) reports. The largest number of arrests, 119, were in North Texas. According to the article:
Of the total, about half of the immigrants had convictions for violent crimes or drug offenses. Most of the crimes were committed in the United States, authorities said.
The arrests, though, raises questions about why the immigrants hadn’t been deported earlier, immediately after they'd served their time for criminal convictions.
A new program, called Secure Communities, seeks to link jail staff with federal data banks to ensure that those with criminal convictions are removed from the country. There are only 110 jail locations in the country that now use the program.
Secure Communities has come under scrutiny for the relatively low number of persons caught who have been convicted of violent crimes – or what’s known in ICE as a "level one" offense.
Carrollton, Farmers Branch, Irving, Mesquite and Dallas and Denton counties are among the jurisdictions using Secure Communities processes. The program began in November 2008.
More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/300-immigrants-with-criminal-records-arrested-in-texas.php)
more...
payur
04-07 11:51 AM
CIR talks are going on CSPAN.
dallasdude
01-08 11:13 AM
That would be devastating! I dont see any positives out of that move.
more...
Abhishika
12-13 06:32 AM
Hi All,
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
For the 140 appln we see that all service centers except TSC takes more than 6 months. TSC has a processing time frame of 6 months for 140
where as NSC and CSC says they are processing 140 of Sep/jan 2006.
We pay same fee for USCIS at all offices. This is a descrimination based on
USCIS location. If 140 is approved and 485 is pending we have flexibility of changing the jobs.
(ie if you had applied at NSC, then u will not get this flexibility)
Most of the guys who applied at TSC during July 07 got the approval of 140 where as NSC and CSC are still processing 2006.
(Mine was filed at TSC and on the 5th month got transferred to NSC.
Now should it follow 6months of TSC processing time or go to the storage cabin and wait till the processing date at NSC comes to current?)
So should we complain to ombudsman, to make the processing time similar at all the offices. If there is a difference of one months is OK but not more than one month.
I would like to hear everyones opinion especially those who stuck at NSC and CSC.
Thank You
Abhishika
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rameshvaid
09-15 07:29 PM
Members,
Please post all 2009 EB3 485 approvals on this thread.
Please mention the following details:
Approval Date:
Country chargeable to:
Priority date:
Are you a 245i beneficiary: Yes/No
Let us see whether any regular EB3 guys are getting approved as per latest visa bulletins.
There is no salt rubbing to anyone.. we all r in the same sinking boat.. To know, if some one got approved in EB 3 might give us some hope.. let's keep bumping it up even if there are none or few approvals..
If some one feels salt being rubbed on his...a...go keep washing and putting ice on it till you you feel comfortable..
RV
Please post all 2009 EB3 485 approvals on this thread.
Please mention the following details:
Approval Date:
Country chargeable to:
Priority date:
Are you a 245i beneficiary: Yes/No
Let us see whether any regular EB3 guys are getting approved as per latest visa bulletins.
There is no salt rubbing to anyone.. we all r in the same sinking boat.. To know, if some one got approved in EB 3 might give us some hope.. let's keep bumping it up even if there are none or few approvals..
If some one feels salt being rubbed on his...a...go keep washing and putting ice on it till you you feel comfortable..
RV
more...
dgs
07-17 07:57 PM
Hi folks,
Could someone please point me to a Marriage Certificate Translation service9s)?
It's in Marathi and has photos, legal fee stamps and seals on it and I would like to retain the look as much as possible.
I kinda searched this website, but the search engine doesn't take you to a specific post in a thread. Instead it just brings up all threads that contain a post with the search keyword. After navigating through a few pages with no luck, I gave up and hence the (potentially redundant) question!
With another opportunity for Adjustment of Status around the corner, I want to get this asap.
Thanks.
Could someone please point me to a Marriage Certificate Translation service9s)?
It's in Marathi and has photos, legal fee stamps and seals on it and I would like to retain the look as much as possible.
I kinda searched this website, but the search engine doesn't take you to a specific post in a thread. Instead it just brings up all threads that contain a post with the search keyword. After navigating through a few pages with no luck, I gave up and hence the (potentially redundant) question!
With another opportunity for Adjustment of Status around the corner, I want to get this asap.
Thanks.
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admsurveys
10-13 09:25 PM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
more...
Dhundhun
03-27 07:35 PM
:)LOL:)
Wait for GC is a lifestyle.
Wait for GC is a lifestyle.
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ddd27
10-26 02:39 PM
Thanks for your reply ... did anyone go to DC consulate for a walk-in kind of renewal ?? am planning to take an off next week for this purpose.
thanks
thanks
more...
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newtoh1
03-13 11:30 AM
if H1 denied by current company and still he has time with wariler I797, in this case sep09, can he try apply H1 transfer to some other company ?
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morchu
04-23 03:26 AM
I think I am missing something here. Can't you use the level3 wage listed on your link?
Flcdatacenter mentions that one reason for NA jobzone is that you mentioned a very broad occupation.
Would you be able to use:
http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1031&year=9&source=1
or
http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1021&year=9&source=1
so what do we do now..How can we get the accurate wage
http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2
if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage
O*Net™ JobZone: NA
Flcdatacenter mentions that one reason for NA jobzone is that you mentioned a very broad occupation.
Would you be able to use:
http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1031&year=9&source=1
or
http://www.flcdatacenter.com/OesQuickResults.aspx?area=45300&code=15-1021&year=9&source=1
so what do we do now..How can we get the accurate wage
http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2
if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage
O*Net™ JobZone: NA
more...
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raysaikat
05-07 08:42 PM
Hi,
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
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sparky_jones
06-02 10:27 AM
My company has put BS + 7 as the primary minimum requirement, and MS + 5 as the alternative for my position. The lawyer says that he's going to respond "Yes" to the question "Are the requirements normal to the occupation?". His argument is that for the job title (Senior Software Engineer Team Lead), and the job description (which calls for extensive experience), the requirements are normal. He says the normalcy of the requirements have to be gauged both by the quantitative SVP criteria, as well as the qualitative O*Net description of job duties. While the quantitative criteria restricts requirements to BS + 2 or MS + 0, the qualitative criteria allows for "several years" of experience, depending on job duties.
I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.
I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.
more...
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rajesh_kamisetty
06-22 11:31 PM
,,
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yogi13
06-28 10:42 AM
Thanks for taking time to answer my query. I have other problem so I am confused about this fact. My spouse's name is correct on passport. but her mother's surname has spelling mistake.All other details are correct. We were not aware of the fact till now. Now we are in the process of applying for I485.
So I am worried about all this. If I take affidavit, it will work?
Thank you
So I am worried about all this. If I take affidavit, it will work?
Thank you
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waitingnwaiting
11-16 01:35 PM
LA OPINION (Editorial): The time is now!
|2010-11-16 | La Opini�n
The time is now! - La Opini�n - noticias locales, nacionales e internacionales desde Los �ngeles - impre.com (http://www.impre.com/laopinion/opinion/2010/11/16/the-time-is-now-222571-1.html#commentsBlock)
Democrats return back to a lame-duck Congressional session in which they have a majority in both chambers. This is the moment to make the effort to pass the DREAM Act and open up the path for hundreds of thousands of young people to enter the university or serve in the Armed Forces.
Major legislation on the agenda between now and the end of the year includes making permanent the Bush-era tax cuts, passing the fiscal year 2011 spending bill or at least passing a stopgap measure to continue to fund the government, extending unemployment benefits, and addressing cuts in Medicare payments to doctors.
There are many important issues on the floor and the position that will be taken by the Republicans is still unclear given they will have control of the House of Representatives in two months.
Despite this, we believe the DREAM Act must be added to the mix. In these past two years of Democratic control, the concerted push for comprehensive immigration reform never materialized. At a minimum, during these last weeks of legislative control, they should seek passage of legislation that would allow undocumented high school graduates � who have grown up in the U.S. � to continue their studies or to join the military.
Similar efforts a few months back failed because critics unjustly denounced the bill as an "amnesty," as if these young people were responsible for having been brought to the U.S. by their parents. Other critics charged that the bill would prove to be a magnet for immigrant parents to bring young children here. Such criticism ignores the real reasons for immigration.
This legislative session is filled with dozens of legislators who have either lost their reelection or are planning to retire. They have nothing to lose by doing the right thing and voting for a bill that will help the economy in the short and long term by preparing our country�s future labor force. And, at the same time, they will be strengthening the military.
Political savvy and determination will be needed to pass this legislation. Opportunities exist to attach it to other bills if it appears that it cannot be approved on its own. With so much at stake , the time to act is now!
|2010-11-16 | La Opini�n
The time is now! - La Opini�n - noticias locales, nacionales e internacionales desde Los �ngeles - impre.com (http://www.impre.com/laopinion/opinion/2010/11/16/the-time-is-now-222571-1.html#commentsBlock)
Democrats return back to a lame-duck Congressional session in which they have a majority in both chambers. This is the moment to make the effort to pass the DREAM Act and open up the path for hundreds of thousands of young people to enter the university or serve in the Armed Forces.
Major legislation on the agenda between now and the end of the year includes making permanent the Bush-era tax cuts, passing the fiscal year 2011 spending bill or at least passing a stopgap measure to continue to fund the government, extending unemployment benefits, and addressing cuts in Medicare payments to doctors.
There are many important issues on the floor and the position that will be taken by the Republicans is still unclear given they will have control of the House of Representatives in two months.
Despite this, we believe the DREAM Act must be added to the mix. In these past two years of Democratic control, the concerted push for comprehensive immigration reform never materialized. At a minimum, during these last weeks of legislative control, they should seek passage of legislation that would allow undocumented high school graduates � who have grown up in the U.S. � to continue their studies or to join the military.
Similar efforts a few months back failed because critics unjustly denounced the bill as an "amnesty," as if these young people were responsible for having been brought to the U.S. by their parents. Other critics charged that the bill would prove to be a magnet for immigrant parents to bring young children here. Such criticism ignores the real reasons for immigration.
This legislative session is filled with dozens of legislators who have either lost their reelection or are planning to retire. They have nothing to lose by doing the right thing and voting for a bill that will help the economy in the short and long term by preparing our country�s future labor force. And, at the same time, they will be strengthening the military.
Political savvy and determination will be needed to pass this legislation. Opportunities exist to attach it to other bills if it appears that it cannot be approved on its own. With so much at stake , the time to act is now!
pointlesswait
03-06 09:55 AM
Arent you allowed to apply for OPT only after you express ur desire to "graduate"?
if that is the case that means you have completed ur studies.
The other option would be enroll for a second MS...and try to go find a job on CPT?
i would not travel out on a OPT...
if you really want to travel...travel when ur F1 is valid.
Hi,
My F1 visa (I got 2 yr student visa for Fall 2007) expires in May 2009. I applied for OPT and starting date is June 1st 2009. Since my F1 visa stamping is expiring, what is my possibility of visiting India after May ’09? Is there any possibility of extending my F1 Visa for another couple of yrs without leaving the country and continue on my OPT? Or any other suggestions? Please help me..
if that is the case that means you have completed ur studies.
The other option would be enroll for a second MS...and try to go find a job on CPT?
i would not travel out on a OPT...
if you really want to travel...travel when ur F1 is valid.
Hi,
My F1 visa (I got 2 yr student visa for Fall 2007) expires in May 2009. I applied for OPT and starting date is June 1st 2009. Since my F1 visa stamping is expiring, what is my possibility of visiting India after May ’09? Is there any possibility of extending my F1 Visa for another couple of yrs without leaving the country and continue on my OPT? Or any other suggestions? Please help me..
Becks
01-25 03:44 PM
You cannot travel and enter US with expired AP. Please renew your AP. Stamp on AP cannot make any difference as per my knowledge. You will have your I-94 also with same time stamp.
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
Hi All
My AP document expired in NOv 2008. I traveled to India and got back in Aug 2008. The officer stamped the document and wrote paroled until Aug 2009.
Can I travel on this document?
Please advise.
Thank you.
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