jcrajput
10-19 10:24 AM
please help.
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hotshots
06-22 11:16 AM
My friend who is currently working for a IT consulting firm has applied for H1B transfer to a direct hire position with a leading healthcare co. He is currently maintaining H1B status, working and getting paid.
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
He came to US originally on L1B in 2005 and applied for a L1 to H1B transfer (with change of status) which was approved in Oct 2006. The problem - he continued working for the L1B firm till Dec 06 and then joined the H1B employer. At that time, he did not know that he was supposed to start working for H1B employer right from Oct 2006 when the COS was approved. The lawyer who filed the application advised him that it was OK to continue working for the L1B firm till Dec. He has subsequently maintained H1B status at all times and has even travelled out of the country, got H1B stamped etc. without any issue.
Questions:
- Was he out of status for 2 months (Oct to Dec 2006) when he continued working for the L1 firm even after COS approval?
- Could this be a problem for the H1B transfer that has been currently applied for. Does USCIS check only whether the individual is currently maintaining H1B status, or do they go back and look for past periods also to determine status violations?
- Even if USCIS determines he had violated his status, is there any provision (like 245k) which protects him for the current H1B transfer, since the potential out of status period was only 2 months?
Thanks much!!
go_gc_way
11-25 01:46 PM
With less than a month to wrap up the lame duck session, Is IV on top of it's game ?
http://weblog.infoworld.com/techwatch/archives/008840.html
http://weblog.infoworld.com/techwatch/archives/008912.html
Not to discourage any one but , my understanding from this forum is nothing with respect to RETROGRESSION and THUS OF SKILLED PEOPLE LEAVING THE SHORES will be done in the Lame duck session.
I wish some one prove me wrong and let us know if there is any new news.
http://weblog.infoworld.com/techwatch/archives/008840.html
http://weblog.infoworld.com/techwatch/archives/008912.html
Not to discourage any one but , my understanding from this forum is nothing with respect to RETROGRESSION and THUS OF SKILLED PEOPLE LEAVING THE SHORES will be done in the Lame duck session.
I wish some one prove me wrong and let us know if there is any new news.
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okuzmin
06-04 08:16 PM
I had a similar situation, and I had to change the employer and start all over again. However, your situation looks much better than mine. I was trying to find a lender to vouch for my employer, but that didn't happen. Your employer, on the other hand, has the lender. I believe you should be fine. The only area I'm not sure about is the period of time you didn't work for the health reason. This one I would consult about with a lawyer, since you are supposed to be employed while on H1b, or else you're out of status. There may be certain exceptions (like health-related issues) in the law.
more...
leo2606
07-19 10:00 PM
is you will be paying double fees.USCIS will automatically deny 1 case when the other one is approved.
I am in the same situation (but my PD is 1 year earlier than my wife) but I am just filing my case and holding of my wife's I-140.
I am in the same situation (but my PD is 1 year earlier than my wife) but I am just filing my case and holding of my wife's I-140.
HTI
08-29 04:04 PM
does it have to be any certain kinda eps file? I saved it as eps file in photoshop, and then import it to swift 3d. Then guess what happened.. I got a program erro pop up from swift 3d, it says "swift 3d has gernerted errors and will be closed by windows. You will need to restart the program. An error log is being created."
more...
mkiv
03-24 12:58 PM
Totally irrelevant to this forum. Administrator please review this thread.
I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.
I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.
I know this is irrelevant in a way but see it from a different angle for one moment. There is no other forum where you can get any information about these H1 employers who are playing games using retrogression. This is the only forum where most of the people on H1 are related to some desi consulting company and can share their experiences which would help other people who are in huge pain due to the unfair practices of their existing employers.
I would recommend the administrators to create a separate area on this forum where people can share these experiences and find genuine employers.
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houston2005
08-08 02:38 PM
how do u prove an emergency, its based on telephone call
more...
greenguru
03-23 05:54 PM
Very Tricky situation.
I was in the same situation only thing is that for me it was the same employer.
So.. I assume you can go before June 30th so you can re-enter US if you are in US.
If you are planning to go to Canada.. You can call the consulate ( that is what i did ) Just a suggestion...
I was in the same situation only thing is that for me it was the same employer.
So.. I assume you can go before June 30th so you can re-enter US if you are in US.
If you are planning to go to Canada.. You can call the consulate ( that is what i did ) Just a suggestion...
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natan
09-10 12:32 AM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
more...
sam_hoosier
12-13 12:57 PM
This was the first time I called up the USCIS help desk (1-800-375-5283) to find about AC21 180 days rule, when she asked what is this for I informed for change of employer.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
Yes, they would record your call but I dont see it creating any problems in the future as long as you satisfy the AC21 conditions if/when you change jobs.
I would like to know if that statement would be noted and would it create me any problems in future, as of now I don�t have any plans to change employer.
Any suggestions are greatly appreciated.
My Case Details:
PD: EB2- 2006.
I-140 Cleared.
EAD: Received.
FP: Completed
Yes, they would record your call but I dont see it creating any problems in the future as long as you satisfy the AC21 conditions if/when you change jobs.
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lj_rr
07-01 03:57 PM
This should be "Department of Homeland Security" per Attorney.
for 482 the 2 checks of 325 and 70 and one check of 180$ for I765 should be payble to 'Department of Homeland Security', or 'United States Citizenship and Immigration Service'
The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .
Please suggest and sorry if this si a repost. I could not find a exact answer.
Thanks
-M:confused:
for 482 the 2 checks of 325 and 70 and one check of 180$ for I765 should be payble to 'Department of Homeland Security', or 'United States Citizenship and Immigration Service'
The form says it should be payble to 'Department of Homeland Security' and the immigration voice 485 help thread says it should be payble to 'United States Citizenship and Immigration Service' .
Please suggest and sorry if this si a repost. I could not find a exact answer.
Thanks
-M:confused:
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TomPlate
10-03 06:59 PM
I filed i485 after my i140 approved. But my company was sold to an other company. Till my company didn't file i140 amendment.
Can i change job after 180 days of filing i485. Even though my amendment is not filed yet.
what may be the problems.
Can i change job after 180 days of filing i485. Even though my amendment is not filed yet.
what may be the problems.
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sathishav
05-12 02:33 PM
Yes, you can GC is a future job. So its definitely possible.
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pt326bc
09-26 04:32 PM
Once you give out your EAD for employment your H1 status goes in limbo. I think the way to go back on H1b status is to exit the country and reenter with H1 visa and then work only for the employer who sponsored the H1b (in case something terrible happens to your AOS).
But again this is just my analysis; and I am not a lawyer.
Regards.
But again this is just my analysis; and I am not a lawyer.
Regards.
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balu_g
05-10 07:51 AM
He gets kicked out of the country.
abc, If this is a joke then it is good.
abc, If this is a joke then it is good.
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perm2gc
04-20 10:15 AM
Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
It seems to discuss reg. using AP to enter the country and maintaining H status.
Not sure if anyone here has done the extension of H4 after using EAD.
Cronin memo:
Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)
Appreciate any comments reg. this,
There's no 100% clear law/rule on that situation and it's somewhat up to the consulate to decide. In theory, she should have no problem getting an H-4 visa at all. However, that's based on a USCIS position saying that your underlying H-1B work authorization remains valid, even after you travel using a Parole. You're correct, though, that there's always been a logical problem with that CIS position, since your status is technically Parolee. Since the consulates are run by the USDOS, they are allowed to take their own position on that problem, so there's always at least some risk of them causing problems with an H-4 visa application. so it is better to file an H1B amendment and go for H4 stamping.
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bank_king2003
04-23 06:49 PM
Thanks aruben for your reply.
the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.
Regards,
the client is happy with my work and he cant pay me legally because i am not his employee so he wants to give me equity as his appreciation which i can later utilise if at all the company grows in future.
Regards,
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chanduv23
10-16 12:59 PM
Hi,
I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?
Request you to reply soon.
Thanks
I have not heard of any specific quota for Govt agencies, maybe they have, can anyone confirm it?
I think there is no specific govt quota, everything goes through the EB process
I just want to know as to will the Green Card process happen faster if the State of GA were to sponsor it?
Request you to reply soon.
Thanks
I have not heard of any specific quota for Govt agencies, maybe they have, can anyone confirm it?
I think there is no specific govt quota, everything goes through the EB process
Blog Feeds
02-08 09:10 AM
A rather alarming report, detailed in the Los Angeles Times (http://immigrationvoice.org/www.latimes.com/news/local/la-me-customs-audit-20101228,0,2191445.story), shows that new travel restrictions requiring passports for American citizens to reenter the country are not being enforced.
These are American citizens, so perhaps we should not get too excited about the report, but it still makes you wonder about travel enforcement in general. Here are excerpts from the article:
Despite new travel requirements, more than 2.3 million Americans reentering the country by land or sea from Mexico or Canada failed to produce a passport, birth certificate or other secure document to establish identity and nationality, a government review has found.
Most people, including about 500,000 in California, were allowed to pass through ports of entry without the approved documents or without being sent to a secondary inspection post for a more in-depth examination, according to the report by the inspector general for the Department of Homeland Security.
Many travelers were allowed to pass after undergoing extensive questioning and producing at least a driver's license, the report found. Overall, 96% of travelers arriving at the 39 busiest land ports were in compliance with the new law, which took effect in June 2009.
The procedure for processing those without the required documents needs to be more precise and implemented across the board, the report said.
The Western Hemisphere Travel Initiative, approved by Congress last year, requires U.S. travelers reentering the country from Mexico or Canada to present documents, such as a passport or birth certificate, to U.S. Customs and Border Protection officers.
Out of more than 1 million people, including U.S. and foreign citizens, who legally enter the United States each day, about three-fourths arrive by land from Mexico or Canada, according to U.S. Customs and Border Protection officials.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/6rWEgNGk304/)
These are American citizens, so perhaps we should not get too excited about the report, but it still makes you wonder about travel enforcement in general. Here are excerpts from the article:
Despite new travel requirements, more than 2.3 million Americans reentering the country by land or sea from Mexico or Canada failed to produce a passport, birth certificate or other secure document to establish identity and nationality, a government review has found.
Most people, including about 500,000 in California, were allowed to pass through ports of entry without the approved documents or without being sent to a secondary inspection post for a more in-depth examination, according to the report by the inspector general for the Department of Homeland Security.
Many travelers were allowed to pass after undergoing extensive questioning and producing at least a driver's license, the report found. Overall, 96% of travelers arriving at the 39 busiest land ports were in compliance with the new law, which took effect in June 2009.
The procedure for processing those without the required documents needs to be more precise and implemented across the board, the report said.
The Western Hemisphere Travel Initiative, approved by Congress last year, requires U.S. travelers reentering the country from Mexico or Canada to present documents, such as a passport or birth certificate, to U.S. Customs and Border Protection officers.
Out of more than 1 million people, including U.S. and foreign citizens, who legally enter the United States each day, about three-fourths arrive by land from Mexico or Canada, according to U.S. Customs and Border Protection officials.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/6rWEgNGk304/)
srh1
08-18 01:04 PM
I filed H1 in April 2007 for my brother who is in India but no news from immigration whether it was approved or denied. As all of you know this year they did a lottery system when i ask my lawyer he says we just have to wait. Its been 5 months now no news. Can somebody suggest me what to do. Is there any website which tells us the status or any number to call.
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