Jitamitra
05-29 07:56 PM
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
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BharatPremi
12-05 12:22 PM
Me too! Citizen of India.
:)
:)
goel_ar
05-23 10:56 AM
Finally got receipt notice of my wife on may 23, 2008.
I thought it is not selected in lottery since we haven't got anything until now.
I thought it is not selected in lottery since we haven't got anything until now.
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chanduv23
12-08 10:48 AM
Dear brothers and sisters,
We are running a funding drive with a targetted amount for our lobbying efforts.
A lot of people have contributed and contributions are still coming in.
Thanks to all those who are showing a wonderful gesture by their contributions.
If you have not yet contributed, please do so now and post details on this thread where contributions are being tracked
http://immigrationvoice.org/forum/showthread.php?t=15905
Participating actively in grassroots efforts is very essential. Changes do not come overnight, they come only with a lot of effort through grassroots efforts. Please join us and start actively participating in grassroots efforts.
Persistence and perserverence is the key here and it is very essential that everyone start participating actively. IV is your/our organization. IV is nothing but you and me.
Hiding behind closets and taking a back seat and remaining dormant does not help our cause, it only hinders all the hard work and effort that all the dedicated members are doing.
Remember, changes do not happen easily and one must not assume that things will happen automatically. Things can and will happen only when we make it happen and by remaining dormant we cannot achieve what we want to achieve.
We urge all the guests to become members now and join their State Chapters. We also request the dormant members, not to remain dormant and aloof. We request the fence sitters to jump the fence now.
Everyone in the community has to come forward and contribute towards the efforts.
Yours,
Chandrakanth - IV Volunteer
We are running a funding drive with a targetted amount for our lobbying efforts.
A lot of people have contributed and contributions are still coming in.
Thanks to all those who are showing a wonderful gesture by their contributions.
If you have not yet contributed, please do so now and post details on this thread where contributions are being tracked
http://immigrationvoice.org/forum/showthread.php?t=15905
Participating actively in grassroots efforts is very essential. Changes do not come overnight, they come only with a lot of effort through grassroots efforts. Please join us and start actively participating in grassroots efforts.
Persistence and perserverence is the key here and it is very essential that everyone start participating actively. IV is your/our organization. IV is nothing but you and me.
Hiding behind closets and taking a back seat and remaining dormant does not help our cause, it only hinders all the hard work and effort that all the dedicated members are doing.
Remember, changes do not happen easily and one must not assume that things will happen automatically. Things can and will happen only when we make it happen and by remaining dormant we cannot achieve what we want to achieve.
We urge all the guests to become members now and join their State Chapters. We also request the dormant members, not to remain dormant and aloof. We request the fence sitters to jump the fence now.
Everyone in the community has to come forward and contribute towards the efforts.
Yours,
Chandrakanth - IV Volunteer
more...
sobers
06-29 01:42 PM
Obviously using approved labor (or substitute labor) is a shady practice and many desi consulting companies are employing this scam. If they don't share this info with you, you can either:
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
Maverick1
08-12 06:10 PM
hello all,
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
PIOs are allowed to work without additional VISA.
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
PIOs are allowed to work without additional VISA.
more...
desi3933
01-23 01:15 PM
I just checked my transfered h1b petition. It says reciepient date as aug, 23rd and work permit starting august 28. My previous company (A) fired me on 23rd. So, this is my case. I also would like to remind you that after shifting to Company B I got my H1b visa stamped. This is the second time I am going for stamping for visa renewal.
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
You should be fine. From these details, it seems you were not out of status.
Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
Given that my h1 transfer recipient date is aug 23rd (same day I got laid off),am I still safe?
Please also let me know if I could use adv. parole if some worst happens and get my h1 renewal visa gets rejected. Please respond me as soon as possible. Thanks.
You should be fine. From these details, it seems you were not out of status.
Even if you were out of status for 7 days, this can not ground for visa denial. If visa is not issued (or rejected), AP can be used for re-entry.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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Maverick1
10-17 12:46 AM
hai all ,
i dont know where to write this topic , if it is wrong place please excuse me.
i completed my b.tech in computers. i am on h4 . recently i got ead.
here is my question
by using ead what type of jobs i can do . if software side jobs means again i have to read any subject some time . but i need job quickly because we were in some financially tight position.
please suggest me any decent type jobs like data entry or data base entry jobs etc ...something related to my education is preferable .
those who know correctly experts please suggest . bcz this will be helpful for all who is from h4 to ead.
i will really appriciate your help .thank you in advance.:mad:
Since you have EAD , You can take up any job you want/get from the immigration point of view.
Since you seem to prefer the jobs that suite your qualification (B.Tech Computers) , you can take up programming and/or System Analysis kind of jobs. Do you have any work experience ?
Although you can take up a data entry job, it will not generally pay much and you will not be using your full potential (B.Tech)
You can start by taking some training (If you have not done so already). Post your resume in the job sites suggested above. Some companies take people with no experience also as long as you have the potential. My suggestion would be to be honest.
It is better to spread the word in your friend circle that you are looking for a job in certain areas. Some times these personal connections give you good job positions leads.
Improving the communication skills and technical skills in some areas is a good starting point.
Good luck.
i dont know where to write this topic , if it is wrong place please excuse me.
i completed my b.tech in computers. i am on h4 . recently i got ead.
here is my question
by using ead what type of jobs i can do . if software side jobs means again i have to read any subject some time . but i need job quickly because we were in some financially tight position.
please suggest me any decent type jobs like data entry or data base entry jobs etc ...something related to my education is preferable .
those who know correctly experts please suggest . bcz this will be helpful for all who is from h4 to ead.
i will really appriciate your help .thank you in advance.:mad:
Since you have EAD , You can take up any job you want/get from the immigration point of view.
Since you seem to prefer the jobs that suite your qualification (B.Tech Computers) , you can take up programming and/or System Analysis kind of jobs. Do you have any work experience ?
Although you can take up a data entry job, it will not generally pay much and you will not be using your full potential (B.Tech)
You can start by taking some training (If you have not done so already). Post your resume in the job sites suggested above. Some companies take people with no experience also as long as you have the potential. My suggestion would be to be honest.
It is better to spread the word in your friend circle that you are looking for a job in certain areas. Some times these personal connections give you good job positions leads.
Improving the communication skills and technical skills in some areas is a good starting point.
Good luck.
more...
Blog Feeds
04-28 08:40 AM
Utah, a state that already has tough immigration laws, is considering following Arizona off the cliff.
More... (http://blogs.ilw.com/gregsiskind/2010/04/utah-considering-arizonastyle-immigration-law.html)
More... (http://blogs.ilw.com/gregsiskind/2010/04/utah-considering-arizonastyle-immigration-law.html)
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sanju
01-23 11:41 AM
I just found out that I have an employment gap of 11 months working without authorization. I applied for an I-485 in 2007 (I-140 approved) and my paralegal told me I didn't need to renew my H-1 nor apply for EA, I was covered by the pending I-485. Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE??? Would they forgive 11 months of working without permit because of bad advice? I have a 9 year history of keeping my papers legal and up to date until this incident. Please help!
Did you apply for I-765 (EAD card) along with your I-485 application. If you did, that could be the posible reason why the paralegal recommended you for not applying extension of H1. Try to find out if you have a valid EAD card and that should help to reply the RFE. If not, try to check if you have a valid I-131 (advance parole). Just drive to Canada and fly back in, using AP, and say that you were not even here for last many years ;-) How about that?
.
Did you apply for I-765 (EAD card) along with your I-485 application. If you did, that could be the posible reason why the paralegal recommended you for not applying extension of H1. Try to find out if you have a valid EAD card and that should help to reply the RFE. If not, try to check if you have a valid I-131 (advance parole). Just drive to Canada and fly back in, using AP, and say that you were not even here for last many years ;-) How about that?
.
more...
nousername
04-29 09:55 PM
Dude, not sure what your question is.. Earlier you said your transfer is already in process so why this question?
Anyway, if I understand your question correctly then here is the answer:
1. Look for a new job
2. Once you have a new job offer, have that new company sponsor your H1. Practically it is like filing for a new H1.. The only difference is that you use the old visa #, hence you are not subjected to annual cap (which as is does not matter now days).
3. For the transfer have an attorney file for your case. You can do it either normal process, which takes 6 to 9 months (or use to take that much time) or apply under premium process, which takes 15 days. Under normal process you can start working with the company once you have the transfer notice, which comes in 10-15 days (note, this is not approval, just a notice stating that USCIS received your case).
As far as pay stubs are concerned, just give what you have.. On the side note, see if your old employer can give you a letter stating you are on unpaid leave. This will surly buy you some time.
Thanks you very much for your reply.
I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:
If any company interest to transfer my H1B, how it will work for me ?
Anyway, if I understand your question correctly then here is the answer:
1. Look for a new job
2. Once you have a new job offer, have that new company sponsor your H1. Practically it is like filing for a new H1.. The only difference is that you use the old visa #, hence you are not subjected to annual cap (which as is does not matter now days).
3. For the transfer have an attorney file for your case. You can do it either normal process, which takes 6 to 9 months (or use to take that much time) or apply under premium process, which takes 15 days. Under normal process you can start working with the company once you have the transfer notice, which comes in 10-15 days (note, this is not approval, just a notice stating that USCIS received your case).
As far as pay stubs are concerned, just give what you have.. On the side note, see if your old employer can give you a letter stating you are on unpaid leave. This will surly buy you some time.
Thanks you very much for your reply.
I have paystub till Jan 09 . All the copanies are asking for recent paystub, but I don't have. My question is:
If any company interest to transfer my H1B, how it will work for me ?
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pra945
12-18 01:59 PM
hello,
for me VO asked me to submit all documets that are listed in 221(g)
academics, LCA, all employer documets, Client letter, Pay stubs, etc
Thanks,
Praveen
for me VO asked me to submit all documets that are listed in 221(g)
academics, LCA, all employer documets, Client letter, Pay stubs, etc
Thanks,
Praveen
more...
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kevinkris
04-17 08:22 PM
Even if you transferred you can still work for old company and keep on working there without joining new company.
That's what i believe. Please consult attorney for confirmation
guys have a question for u..
i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...
That's what i believe. Please consult attorney for confirmation
guys have a question for u..
i'm invoking Ac21 and joining new employer.. but new employer is telling me that they dont want me to take any steps untill the H1 transfer is approved and in hand, and I have to give 2 weeks notice to my current employer after the approval..
now the question is that, after the approval will I be eligible to work for my older company for those 2 weeks since the H1 is already approved/transfered to the new employer?? has anyone faced such situation??...
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newlife2
09-19 10:12 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.
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kaizersoze
07-17 06:17 PM
Order Details - Jul 17, 2007 6:38 PM EDT
Google Order #376816648638727
Print
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100 $100.00
Tax (VA) : $0.00
Total: $100.00
Purchased from:
Immigration Voice
PO Box 114
Dayton NJ 08810
UNITED STATES
850 391-4966
\
We need more people to do the same. Core has toiled tirelessly to move mountains. Pls dont make them also start a funding drive every month. There's more important issues that need their attention and can't worry about running out of funds every time a new initiative needs starting.
Google Order #376816648638727
Shipping Status Qty Item Price
Not yet shipped 1 Contribute 100 $100.00
Tax (VA) : $0.00
Total: $100.00
Purchased from:
Immigration Voice
PO Box 114
Dayton NJ 08810
UNITED STATES
850 391-4966
\
We need more people to do the same. Core has toiled tirelessly to move mountains. Pls dont make them also start a funding drive every month. There's more important issues that need their attention and can't worry about running out of funds every time a new initiative needs starting.
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skark
03-03 09:53 AM
what am I missing here? other than the hassle of getting paper copies filled out/ printed and the advantage of getting a refund a few weeks earlier, what is the advantage of e-filing?
Those are pretty desirable advantages plus there is a chance that your mail could be lost and there is no confirmation with paper filing!
Anyway I efiled it and it was accepted as well. I had no response from IRS regarding the letter we sent about getting a new SSN!
Those are pretty desirable advantages plus there is a chance that your mail could be lost and there is no confirmation with paper filing!
Anyway I efiled it and it was accepted as well. I had no response from IRS regarding the letter we sent about getting a new SSN!
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ALLYYU
08-16 10:13 AM
Does anyone have any idea what the code stands for.
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
485 RD 7/2
ND 7/30
FP date 8/28 for both me any my husband
FP code 3
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saro28
08-31 08:25 PM
I received FP notice today towards I485, not sure what for :confused:
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loudoggs
07-31 06:51 PM
My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.
My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.
Thanks
sukhwinderd
08-22 02:54 PM
http://www.immigrationportal.com/archive/index.php/t-135211.html
Date
Motor Vehicle Commission
RSS Site Name
RSS Site Address
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
i picked this from another web site. but it does work especially when you have legal details.
8 CFR 274a.12(b)(20),
also, as i said your lawyer might have to call there supervisor, they might not listen to you.
Date
Motor Vehicle Commission
RSS Site Name
RSS Site Address
I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.
I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).
Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).
I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:
Legal & Regulatory Affairs Unit
Motor Vehicle Commission
PO Box 162
Trenton, NJ 08666-0162
Sincerely,
Signature of
individual certifying
the information
Print Name & Title
i picked this from another web site. but it does work especially when you have legal details.
8 CFR 274a.12(b)(20),
also, as i said your lawyer might have to call there supervisor, they might not listen to you.
indianabacklog
07-31 12:22 PM
Guys,
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
don't worry.
The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!
They can't age out children just because they sit on an application for 5 years...
Relax..
I think at the present time this could be in doubt in all honesty since the USCIS have said there are no visa numbers available and are only accepting applications since they screwed up. So in essence there are no priority dates that are current. Your age is only set in 'stone' if your I485 is submitted when a visa number is available to you and that is not the case through August 17th.
Guess this rather strange outcome of the visa bulletin fiasco could raise any number of new scenarios.
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