gcnirvana
02-19 06:17 PM
Another nail in the H1B Coffin :mad:
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
http://www.immigration-law.com/Canada.html
02/19/2009: H-1B Transfer Alert
* AILA has reported that it is the practice and policy of Vermont Service Center that if it receives a revocation letter from the current employer before it receives the transfer H-1B petition by a new employer, they deny the transfer petition because it is the VSC position that at the time the current employer revokes the current position, the H-1B alien immediately falls into a period of "unauthorized stay" in the U.S. This policy can push the transfer H-1B aliens into a tricky situation when the alien employees invoke AC 21 H-1B portability against the will of the current employer and the current employment contract requires 14-day advance resignation notice. It is thus imperative that the transfer H-1B employees should neither notify nor turn in the resignation before the new H-1B petition is "filed." Worse situation could be termination of H-1B employees by the current employer in a hostile environment. Since the current employer is likely to file the revocation (withdrawal) notice in the latter situation immediately, such H-1B alien can face a serious problem unless they are eligible for nun pro tunc H-1B filing.
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cooolvick
08-25 06:02 AM
Hi,
I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.
1. Who should apply I824? employer or individuals ( in this case myself)?
2. If employer need to apply, should it be current employer?
3. how long does it generally take?
4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
5. What other documents are required?
Please help
Thanks,
Vikram
I have lost one of the old H4 I797 originals of my spouse. What is the process for getting a duplicate of it. I saw somewhere that I824 needs to be applied. But not sure of below doubts.
1. Who should apply I824? employer or individuals ( in this case myself)?
2. If employer need to apply, should it be current employer?
3. how long does it generally take?
4. Is it ok if I dont know the approval number as I dont have a copy of the I797.
5. What other documents are required?
Please help
Thanks,
Vikram
kuhelica2000
05-27 09:25 PM
I am stuck in PBEC. Please let me know if you need any information.
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acepb
07-20 07:28 PM
you shouldn't have a problem re-entering the US on AP from the UK. I have done it twice already in the last year.
more...
amar123
02-08 10:47 PM
Delaying beyond your legal stay would obviously make you out of status and there are quite a few repercussions for it. It is still February, you still have time
Unfortunately, this forum has very few answers ,mostly questions being posed,so, I doubt you'll get any useful responses
Regards,
Amar
Unfortunately, this forum has very few answers ,mostly questions being posed,so, I doubt you'll get any useful responses
Regards,
Amar
nagamani
07-02 06:33 AM
Arizona immigration law backer politician Barry Wong wants to cut power from illegal immigrant homes (http://www.nydailynews.com/news/national/2010/06/30/2010-06-30_arizona_immigration_law_backer_politician_barry _wong_wants_to_cut_power_from_ill.html)
One Arizona politician has made a vow to make illegal immigrants powerless -- literally.
Republican Barry Wong, a candidate for the Arizona Corporation Commission, an elected body that decides public utility issues, says he would require the utilities to check the immigration status of customers, he told the Arizona Republic.
Rest all states should pass similiar law............
One Arizona politician has made a vow to make illegal immigrants powerless -- literally.
Republican Barry Wong, a candidate for the Arizona Corporation Commission, an elected body that decides public utility issues, says he would require the utilities to check the immigration status of customers, he told the Arizona Republic.
Rest all states should pass similiar law............
more...
gc_on_demand
02-17 09:37 AM
I had an appointment on Feb 13th at Delhi for H1b renewal. It took less than 15 min for both of us. H1b and h4 we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children
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senthilnathank
10-07 04:54 PM
No. But the employer can file for 1 Year extension if there was a Labour or PERM was filed and it's pending. If I140 is approved and waiting for I485, employer can file for 3 year extension.
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vaishu.naidu
04-02 10:18 AM
I and my wife are on EAD here and my wife had to go to India urgently on an Advance Parole that was expired last month. Can I apply for the AP renewal for her while she is in India, so that she can come back without any problems? Please let me know what options do I have. I am hoping that she would not be out of status or staying illegally here. Any answers would be very much appreciated. Thanks all.
Please tell me what options I have with me now.
Please tell me what options I have with me now.
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biznuge
03-01 08:21 AM
looks totally kinetic type. nice!
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nat23
07-12 09:23 AM
bumping up
If you get fired you will loose your H1 status but can definitely change your status to H4. However, you will be subjected to the cap if you want to come back on H1 unless you find a job with a non-profit org.
If you get fired you will loose your H1 status but can definitely change your status to H4. However, you will be subjected to the cap if you want to come back on H1 unless you find a job with a non-profit org.
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waitin_toolong
07-30 04:19 PM
My case is similar too, my husband filed 485 for both of us on 29th June, we both have H1b. But on June 15th one H1b transfer was filed for me (dependent in 485) which was confirmed to us on June 22nd and I joined new company on June 26th.
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
you dont need to do anything. they can track the changes based on I-94 sent for transfer.
In fact if you id COS to H4 then that too would have been okay.
But the whole transfer thing is not mentioned in 485 because we were not aware at time of filling forms (june 18th).
Is this going to create problem? do we need to send update/form to USCIS about this?
you dont need to do anything. they can track the changes based on I-94 sent for transfer.
In fact if you id COS to H4 then that too would have been okay.
more...
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crystal
07-08 03:12 PM
I have not done it recently for h1b ,but i did it for my parent visitor visa from india chennai consulate.
I think once you fill forms it is valid for 1 week. You can directly try to schedule appointment using the saved forms for 1 week. I observed that for vistor visa appointments they open every thrusday /friday night indian timings and they make dates avaialble for only one week of the following month. and i see they are being filled up in just one hour after they open. Same might be happening for H1bs schedules.
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
I think once you fill forms it is valid for 1 week. You can directly try to schedule appointment using the saved forms for 1 week. I observed that for vistor visa appointments they open every thrusday /friday night indian timings and they make dates avaialble for only one week of the following month. and i see they are being filled up in just one hour after they open. Same might be happening for H1bs schedules.
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
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ilikekilo
05-27 05:54 PM
anyone please response if you are stuck at BEC. i dont know anyone whose app is stuck in BEC
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digital2k
08-01 09:22 PM
*
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mike
12-16 11:29 AM
I am using swift 3D and am having trouble achieving my goal. I want on of my objects to go through 2 regular spins while the other object goes through a different regular spin. I have no problem ungrouping them or assingning the original spins. I then moved the keyframes to half of what they were defaulted to in my object that I want to go twice around. But now I cant copy the keyfames or add another spin onto the end. does anyone even know what I'm talking about let alone how to solve my problem? Thanks
mikeskott@yahoo.com
mikeskott@yahoo.com
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tnite
06-25 07:10 AM
Hello All,
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Unless you dont have credit($$$$) to pay your lawyer then it will impact AOS.
LOL
It has no impact.
When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.
Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:
Any suggestion is appreciated.
Thanks
Unless you dont have credit($$$$) to pay your lawyer then it will impact AOS.
LOL
It has no impact.
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knowDOL
05-22 05:12 PM
1. YES
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.
This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.
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Mirage_GC
06-23 05:18 PM
I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
gcformeornot
08-08 09:48 AM
Surprisingly my wife and daughter's 485, EAD and AP checks were cashed yesterday and not mine.
July 2 filer
EB3
PD : Dec 2005.
labor approved dec 2005
I-140 approved jan 2005.
How about updating in July Tracker thread.
July 2 filer
EB3
PD : Dec 2005.
labor approved dec 2005
I-140 approved jan 2005.
How about updating in July Tracker thread.
TexDBoy
06-01 05:36 PM
Hi all,
I currently working in California and planning to move to Texas. Our company does not have a office in Texas .. so I will be working from home for the same company.
My I-140 is approved and 485 is pending for more than 180 days.
while AC-21 allows for changing employers with a different geographical location, is it OK to work for the same employer who does not have an office in a different geographical location?
Also, can we do H1B extension in this case? Any idea what my employer should show in this case if I work from home.
Thanks so much for your replies
TexDBoy
I currently working in California and planning to move to Texas. Our company does not have a office in Texas .. so I will be working from home for the same company.
My I-140 is approved and 485 is pending for more than 180 days.
while AC-21 allows for changing employers with a different geographical location, is it OK to work for the same employer who does not have an office in a different geographical location?
Also, can we do H1B extension in this case? Any idea what my employer should show in this case if I work from home.
Thanks so much for your replies
TexDBoy
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