irukandji
04-04 07:16 AM
As veni001 stated to extend H1B beyond 6 yrs don't we need to have Approved 140? and you said your 140 was withdrawn after approval. So withdrawn 140 has no effect on H1B extension. Did you submit the 140 documents also to USCIS? my email id is kalyan.cdev at gmail.com please drop me an email with the details..
thanks
thanks
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desi3933
03-09 12:01 PM
This is my understanding.
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
You are right.
Employer must pay H-1 employee salary until
1. employee is notified of job termination (or employee resigns)
AND
2. USCIS is notified of such termination by request to cancel the H-1B petition.
______________________
Not a legal advice.
US citizen of Indian origin
when someone is on H1 status, employer is bound to pay him/her unless they have explicitly terminated the employment by a termination letter/H1 cancellation/Change of status/resignation letter from the employee.
How will USCIS know that the beneficiary has switched out of H1 status ?
You are right.
Employer must pay H-1 employee salary until
1. employee is notified of job termination (or employee resigns)
AND
2. USCIS is notified of such termination by request to cancel the H-1B petition.
______________________
Not a legal advice.
US citizen of Indian origin
apahilaj
09-18 06:36 PM
WILL THE CASE STATUS BE UPDATED IF FP NOICE IS SENT?
Please let me know...
Reading on this forum, it doesn't seem so.
Please let me know...
Reading on this forum, it doesn't seem so.
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genscn
08-08 09:47 AM
When did you file I-140 at TX? RFE could be for documents about ability to pay.
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
can you guys tell usually what kind of information is requested in EB3 cases.
more...
SGP
09-21 09:33 AM
Just got a word from our attorney that my case was approved on 09/08/2010. In my case USCIS did not update the website with the approved status! Not even a soft LUD.... I don't know their operating standard!
Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.
Lesson learnt: Always check with attorney!
Now on to the final hurdle! I-485.
Raj:)
Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?
Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.
Lesson learnt: Always check with attorney!
Now on to the final hurdle! I-485.
Raj:)
Hi Raj : Did you switch to EB2 with a new company? If yes, could you please let me know, how long did it take you to get the new labor?
sw33t
07-26 01:03 PM
I am in!
Anyone else?
Anyone else?
more...
gcisadawg
09-09 11:38 PM
To reactivate your h1b you need to resenter the us using your h1b visa stamp, if you don't have an h1b visa stamp you would need to get it stamped at a consulate
No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.
No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.
2010 childhood obsession.
WillIBLucky
06-14 11:22 AM
Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
I thought once your EAD gets approved then you H1 Visa is not longer valid.
You could keep EAD and H1 together active?? Any experts, could you please throw some light?
more...
gc_on_demand
02-04 04:05 AM
All State is saying is that they are giving EB2-India a total of 2987 visas. They didn't care about spill over and slow consumption by ROW. They are still acting stupid but this time they are trying to show reasoning for their stupidity. If this report had a consumption of visas till date for FY10 like in a dash board, then they would have seen their own stupidity clearly.
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.
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help_please
10-05 10:37 AM
The I-94 is the form you filled out on the plane and had stamped at the port of entry. It should be attached to your passport on the visa page. It will be on the front of the I-94.
more...
reverendflash
10-21 04:10 AM
oh well, we can't make it look too easy... :P
I actually have it right so far... win in game 1, loss in game 2, win games 3 & 4...
just my predjudiced and not so humble opinion.
Rev:elderly:
I actually have it right so far... win in game 1, loss in game 2, win games 3 & 4...
just my predjudiced and not so humble opinion.
Rev:elderly:
hot with grandpa Steve Tyler
Dhundhun
08-05 05:13 PM
1% to 5% cases are listed in .
Aug 6, 2008 @ 6:30PM EST:
For EB2 chargeability India: So far in Aug we have 36 GC approvals listed in .
TSC 34( cases) - 680(based on 5%) to 3400(based on 1%)
NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)
Aug 5, 2008 @ 5:00PM EST:
For EB2 chargeability India: So far in Aug we have 25 GC approvals listed in .
TSC 23( cases) - 460(based on 5%) to 2300(based on 1%)
NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)
Aug 6, 2008 @ 6:30PM EST:
For EB2 chargeability India: So far in Aug we have 36 GC approvals listed in .
TSC 34( cases) - 680(based on 5%) to 3400(based on 1%)
NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)
Aug 5, 2008 @ 5:00PM EST:
For EB2 chargeability India: So far in Aug we have 25 GC approvals listed in .
TSC 23( cases) - 460(based on 5%) to 2300(based on 1%)
NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)
more...
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upuaut
08-16 07:00 AM
oh.. it's probebly the tutorial on Kirupa.com.. duh.. (guess I haven't woken up yet either.)
tattoo “American Idol” (Fox) 8 p.m.
reno_john
05-07 04:10 PM
takes around 1 to 2 month. My friend got his duplicate in 1 to 2 month but need a police complaint while filing for a duplicate.
more...
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sumansk
07-11 01:56 PM
:cool:
You are one lucky !! I think he should send you a thankyou mnote...what do you think....one visa number is reserved for you already my friend..:D
You are one lucky !! I think he should send you a thankyou mnote...what do you think....one visa number is reserved for you already my friend..:D
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mycosmos
04-27 12:39 PM
Hi,
I hope, all is well.
I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.
I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.
I need your help as:
(1) Can I work on 1099 (as I have EAD & I-140 is still pending)?
OR
(2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?
Please, advise me as soon as possible.
:confused:
Best regards,
Rajiv
I hope, all is well.
I filed my applications for Green Card. I did concurrent filing for I-140 & I-485 applications in September-2007. I got EAD in December-2007 but I-140 case is still pending.
I am working with the company which filed my Green Card but very soon I would resign from them/there as there is no work over there. They would still continue my I-140 case even I resign from there.
I need your help as:
(1) Can I work on 1099 (as I have EAD & I-140 is still pending)?
OR
(2) I need to work on W2 (means: cannot work on 1099) [as I have EAD & I-140 is still pending]?
Please, advise me as soon as possible.
:confused:
Best regards,
Rajiv
more...
makeup of giving Steven Tyler a
fide_champ
04-09 08:17 AM
My labour was filed in RIR on March 2005 and got approved on August 2006.
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.
WHat happened to your first I140?
You are techically in-status as your H1-B is still under processing.
As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.
The employer filed for a I-140 in November 2006.
But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.
Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).
But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.
My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.
December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.
Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.
QUESTION:
1. Am I technically Out of Status?
2. If yes from when precisely?
3. Is there any chances of applying a new H1B in premium processing?
4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?
Adding salt to the wound I have one more situation here.
I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).
I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?
Is there any Same Day passport service at SFO Indian Consulate?
Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.
Please GURU's I am eagerly waiting for some +tive notes.
Thanks
Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.
WHat happened to your first I140?
You are techically in-status as your H1-B is still under processing.
As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.
girlfriend Steven Tyler Childhood Photos.
Anders �stberg
May 31st, 2004, 04:10 PM
Hmm, I'm a Sci-Fi and Fantasy fan, but haven't read the Discworld books. Maybe I should give them a try... but isn't there something like a gazillion books in the series?
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gauravsh
05-04 06:27 PM
Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
eb2dec2005
09-26 11:49 AM
How inconsiderate of you; you just hijacked someone elses's thread and to top it all you are spamming it trying to get an answer. Your question is also totally unrelated to this thread topic!
Why don't you search the forum for answers and if none is available then post a new thread...
Sorry, did'nt mean to hijack any thread nor spam.I actually posted my issue on other thread and did not get an answer.Since this thread's discussion was also based on similar issues, i posted it here.
Why don't you search the forum for answers and if none is available then post a new thread...
Sorry, did'nt mean to hijack any thread nor spam.I actually posted my issue on other thread and did not get an answer.Since this thread's discussion was also based on similar issues, i posted it here.
Berkeleybee
02-09 07:36 PM
All,
I posted this text at some Immigration Portal threads today to address concerns that IV is only focused on retrogression. Please feel free to edit and post at other forums or other threads on Immig Portal.
I. IV MEMBERS AT EVERY STAGE
� We have members at each stage of the process: labor certification backlog, retrogression backlog, USCIS backlog. Some of our most active members have not got their labor certification.
� Members who are further along have not forgotten the length of delay and pain of the previous step. We are ALL really in the same boat.
II. WE EMPHASIZE THE EFFECT OF CUMULATIVE DELAYS
� The most devastating problem for EB green card applicants is the cumulative effect of delays at each stage. Each delay in isolation may even be bearable (only in theory) but when you pile one on top of the other it is unconscionable. We emphasize this in our new presentation (out shortly).
� When we meet with lawmakers or talk with other organizations in the coalition we give personal examples and it is this fact of delay piling on top of delay that most of them are shocked by.
III. DOL-BEC & USCIS BACKLOGS ARE ALREADY SUBJECT TO CONGRESSIONAL & PRESIDENTIAL MANDATES
� DOL-BECs were created as a result of considerable protest and intervention by Congress.
� USCIS Backlog Processing is also subject to Presidential mandate � for 6 months processing by September 2006. Congressional hearing transcripts show that members of Congress are well aware of these issues, even the problems with repeat fingerprinting etc.
� So both DOL-BEC and USCIS Backlog Processing are at the stage of implementing bureaucratic changes, implementing Congressional and Presidential mandates.
� We *are* pressing for transparency and better implementation at both these stages, as well as for 3 year extensions of H-1Bs, EADs and Advance Paroles for those who are stuck in the Green Card process instead of the current one year.
IV. RETROGRESSION HAS BEEN TOTALLY IGNORED BY CONGRESS & THE PRESIDENT
� In contrast to DOL-BEC and USCIS Backlog Processing, Congress has never addressed the issue of Retrogression.
� So the Retrogression problem is a systemic, policy problem.
� It will affect all of us eventually, no matter what stage we are at. And it is only going to get worse, and the delay at this stage is the longest of all. Even if cutoff dates move forward, there is nothing to stop them from moving back again once USCIS starts processing visas faster (see posts on how visa cutoff dates are determined).
� It took a tremendous amount of effort to get Congressional and Presidential mandates to do something about DOL and USCIS backlogs and it will take a tremendous amount of effort to get Congressional action on Retrogression.
In summary, we urge you to get involved with Immigration Voice (http://www.immigrationvoice.org) no matter at what stage of the green card process you are. We are all in the same boat. Immigration Voice is getting your issues heard wherever it goes. We are totally committed to getting the job done - this is not a half-hearted group of people. Look at what we have done in just 40 days.
With Comprehensive Immigration on the anvil and with PACE bringing the issue of American Competitiveness and the need for skilled and qualified immigrants, there can be no better time to highlight our problems. Legislative changes are necessary for us and the only way that can happen is if you get involved.
RECENT IMMIGRATION VOICE ACTIVITIES:
� Signing with Quinn Gillespie & Associates (http://www.quinngillespie.com/) who will work with us to (a) get corporate sponsorship
(b) get access to key policymakers
(c) craft an effective legislative strategy
(d) design a media strategy
� Meeting Lawmakers
� Coordinating with other groups like Compete America
� Getting the word out in the community
� Setting up of the organizational and resource infrastructure including the website and forums for discussion
� A tremendous amount of behind the scenes efforts to improve the quality of our materials and message.
Visit our website at www.immigrationvoice.org and get involved!
I posted this text at some Immigration Portal threads today to address concerns that IV is only focused on retrogression. Please feel free to edit and post at other forums or other threads on Immig Portal.
I. IV MEMBERS AT EVERY STAGE
� We have members at each stage of the process: labor certification backlog, retrogression backlog, USCIS backlog. Some of our most active members have not got their labor certification.
� Members who are further along have not forgotten the length of delay and pain of the previous step. We are ALL really in the same boat.
II. WE EMPHASIZE THE EFFECT OF CUMULATIVE DELAYS
� The most devastating problem for EB green card applicants is the cumulative effect of delays at each stage. Each delay in isolation may even be bearable (only in theory) but when you pile one on top of the other it is unconscionable. We emphasize this in our new presentation (out shortly).
� When we meet with lawmakers or talk with other organizations in the coalition we give personal examples and it is this fact of delay piling on top of delay that most of them are shocked by.
III. DOL-BEC & USCIS BACKLOGS ARE ALREADY SUBJECT TO CONGRESSIONAL & PRESIDENTIAL MANDATES
� DOL-BECs were created as a result of considerable protest and intervention by Congress.
� USCIS Backlog Processing is also subject to Presidential mandate � for 6 months processing by September 2006. Congressional hearing transcripts show that members of Congress are well aware of these issues, even the problems with repeat fingerprinting etc.
� So both DOL-BEC and USCIS Backlog Processing are at the stage of implementing bureaucratic changes, implementing Congressional and Presidential mandates.
� We *are* pressing for transparency and better implementation at both these stages, as well as for 3 year extensions of H-1Bs, EADs and Advance Paroles for those who are stuck in the Green Card process instead of the current one year.
IV. RETROGRESSION HAS BEEN TOTALLY IGNORED BY CONGRESS & THE PRESIDENT
� In contrast to DOL-BEC and USCIS Backlog Processing, Congress has never addressed the issue of Retrogression.
� So the Retrogression problem is a systemic, policy problem.
� It will affect all of us eventually, no matter what stage we are at. And it is only going to get worse, and the delay at this stage is the longest of all. Even if cutoff dates move forward, there is nothing to stop them from moving back again once USCIS starts processing visas faster (see posts on how visa cutoff dates are determined).
� It took a tremendous amount of effort to get Congressional and Presidential mandates to do something about DOL and USCIS backlogs and it will take a tremendous amount of effort to get Congressional action on Retrogression.
In summary, we urge you to get involved with Immigration Voice (http://www.immigrationvoice.org) no matter at what stage of the green card process you are. We are all in the same boat. Immigration Voice is getting your issues heard wherever it goes. We are totally committed to getting the job done - this is not a half-hearted group of people. Look at what we have done in just 40 days.
With Comprehensive Immigration on the anvil and with PACE bringing the issue of American Competitiveness and the need for skilled and qualified immigrants, there can be no better time to highlight our problems. Legislative changes are necessary for us and the only way that can happen is if you get involved.
RECENT IMMIGRATION VOICE ACTIVITIES:
� Signing with Quinn Gillespie & Associates (http://www.quinngillespie.com/) who will work with us to (a) get corporate sponsorship
(b) get access to key policymakers
(c) craft an effective legislative strategy
(d) design a media strategy
� Meeting Lawmakers
� Coordinating with other groups like Compete America
� Getting the word out in the community
� Setting up of the organizational and resource infrastructure including the website and forums for discussion
� A tremendous amount of behind the scenes efforts to improve the quality of our materials and message.
Visit our website at www.immigrationvoice.org and get involved!