uma001
05-25 08:33 AM
Which masters you want to do . MBA or MS comp science
Raj_2009
12-16 03:37 PM
Hi experts,
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
sintax321
10-02 01:33 PM
So the colors and the blobs where made in 3DSM.:*( I don't have a copy so I guess I'm cursed to Photoshop. Oh well. Do you Know any good PS tutorial sites that I might not have found yet?
jeda
10-22 07:59 PM
I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
more...
bsbawa10
08-15 07:06 AM
How to add an enty?
it does not let me.
Try it now
it does not let me.
Try it now
nb_des
09-21 02:39 PM
As I understand even NumbersUSA support removing the per country cap.
more...
fxok425
01-10 03:16 PM
Visa number is allocation depending on country of birth. Country of citizenship doesn't matter. So if your country of birth is one of the retrogressed countries then you have to wait for long time to get a I-485 visa number.
My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.
My husband was born in Switzerland, I was born in China. I borrowed my husband's nationality to submit 485 and 140 concurrently. from the replies above, my case should follow Switzerland, not China. Is that correct? Thanks.
Jamin
08-16 09:56 AM
I had a similar situation and Bank of America CS sent me a good image of the check. Check with your bank as well by calling their CS.
CALLED USCIS .they said they cant transfer to level 2 operator to check receipt number...Is there any other way to find out?...will the bank be able to read and tell?
Thanks
CALLED USCIS .they said they cant transfer to level 2 operator to check receipt number...Is there any other way to find out?...will the bank be able to read and tell?
Thanks
more...
busy
03-09 12:01 AM
Thank you RoseBall for your response. Definitely will do. One thing I want to emphasise. I'm sure rejection happened in Feb/October 2007 due to some other reason. Because USCIS did not ask for my either past employment history or paystubs.Do you have any idea of any grace period like 30 days after H1B expiration date to file for extension?
LOL123
09-05 10:24 AM
The applications that were sent between July 2 and July 17 have been transferred to other service centers. the applications reached during this time period is taking a little longer to process.
more...
keshtwo
07-05 04:32 PM
Dudes and Dudettes,
Stop whining. The DOS giveth and DOS taketh away. Its nothing to do with our being united or not. If we could do anything concrete, believe me, people would be on it. no one wants to waste time on inconsequential ideas.
Stop whining. The DOS giveth and DOS taketh away. Its nothing to do with our being united or not. If we could do anything concrete, believe me, people would be on it. no one wants to waste time on inconsequential ideas.
perm2gc
01-08 04:08 PM
Here is the situation, they already got Australia visa stamped and would like to make a honest visit to US before leaving for Australia, nothing hidden. So how to Convince VO.
The best shot is to try from australia.To be frank chennai consulate is very strict on some education qualifications like doctors.So if they want to come here best bet is to apply visitor visa from australia to usa.if you try chennai consulate and get rejected once.you will redirected to chennai consulate everytime you apply for visitor visa anywhere in world.
The best shot is to try from australia.To be frank chennai consulate is very strict on some education qualifications like doctors.So if they want to come here best bet is to apply visitor visa from australia to usa.if you try chennai consulate and get rejected once.you will redirected to chennai consulate everytime you apply for visitor visa anywhere in world.
more...
natrajs
05-17 10:03 PM
Guys, I received THE magic email also this week. Card Production ordered on May 14th. HUGE Relief!!!
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
Congrats and Best Wishes
I just wanted to pass on a few tips. These steps may or not have expedited my processing but the timing sure was suspiciously fortuitous:
a) On May 7th, since the NSC I-485 processing date was more than 30 days past my RD, my lawyer sent an official email to NSC asking them for an update on my application. According to my lawyer, CIS is obligated to reply within 45 days and in most cases instead of them saying that this specific application falls outside their processing dates, they just approve the application. Of course, your case has to be approvable (PD has to be current etc)
b) On May 9th, I set up an Infopass appointment where the IO told me that my case was in transit from a different service center back to NSC! She also told me both our NCs were complete.
c) My lawyer was also getting ready to file another round of EAD/AP applications which, according to her, draws CIS's attention to the fact that this application is ready for processing and falling outside the average time range.
Maybe the combination of inquiry email and Infopass helped moved the case or maybe it did not. Probably does not hurt to try at least once and, of course, you don't want to overdo it and burden the system.
Just my $0.02. Hope it helps. Best of luck with your applications. I learned a ton from these forums and (if nothing else) out of sheer habit, will be coming back all the time. Will try my best to help out IV where I can. Cheers!
Congrats and Best Wishes
sledge_hammer
06-29 09:56 AM
Please take this new poll based on your latest situation.
Thanks!
Thanks!
more...
shreekhand
08-05 10:29 AM
True. I had the same question at a one point but got a verbal reply from CBP that since the I-94 has the same number with a new expiry date (the one given on the I-797), you are safe in the records.
Frankly, I never understodd why they can't put the valid until on the I-797's I-94. If you are asked to show your proof of legal stay, you would also need to carry your I-797 everytime now !
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
Frankly, I never understodd why they can't put the valid until on the I-797's I-94. If you are asked to show your proof of legal stay, you would also need to carry your I-797 everytime now !
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
krishna_brc
12-12 04:39 PM
Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .
I left US while under AOS with an expired I-94 and came back with out any problems.
I left US while under AOS with an expired I-94 and came back with out any problems.
more...
ak_manu
04-02 05:31 PM
As soon as USCIS recieved my response documents my case status changed to resumed.
My attorney suggested me to get it notarized on stamp paper as it would look more genunie. It may not be mandatory but as it say Govt of India on stamp paper it would look little genunie.
My attorney suggested me to get it notarized on stamp paper as it would look more genunie. It may not be mandatory but as it say Govt of India on stamp paper it would look little genunie.
learning01
03-23 02:06 PM
As the discussion of immigration bills is heating up, we have a need for a format of email (preferably culled from immigration voice home page). We need to continue the media contact blitz because many of these media folks don't know the issues pertaining the legal immigrants; in particular GC and I-485 issues.
I have already emailed this idea to 'contact us' email of immigration voice.
I have attached a sample media format, that we can work today and finalize.
It starts:
..............
In my opinion, the immigration discussion that is currently going on and scheduled to come up for discussion at the Senate on Mar 27th, 2006, should alleviate the problems faced by legal immigrants who are in the country for a number of years., persons like me. They are facing many problems in their pursit of permanent residency. This discussion should specifically address the process of naturalization and obtaining a Green Card. This and its related issues are listed below:
(read the attachment for full write up)
...........................
Any ideas.
I have already emailed this idea to 'contact us' email of immigration voice.
I have attached a sample media format, that we can work today and finalize.
It starts:
..............
In my opinion, the immigration discussion that is currently going on and scheduled to come up for discussion at the Senate on Mar 27th, 2006, should alleviate the problems faced by legal immigrants who are in the country for a number of years., persons like me. They are facing many problems in their pursit of permanent residency. This discussion should specifically address the process of naturalization and obtaining a Green Card. This and its related issues are listed below:
(read the attachment for full write up)
...........................
Any ideas.
ken
04-10 02:34 PM
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
Already updated my info, But not all, Also when i try to do some sort based on PD it is not working.
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
Already updated my info, But not all, Also when i try to do some sort based on PD it is not working.
kumar_herald
04-04 05:28 PM
I need expert advice -
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
My I-140 has been approved and I-485 pending for more than 18 months. I have a valid EAD & AP. I also have a valid H1-B visa valid till 2011,
that I am using for my current employment with my current employer
1. If I get laid-off, how long can I stay in US without another job?
2. I understand that in order to maintain my eligibility to "port" to a new employer / sponsor under AC21, I should have another job in same or similar occupation. Till I find another job, am I allowed to do some part-time job in different occupation?
3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?
4. If after going out of the country , I want to come back in future before Green card approval, what will be the available options?
GCBoy786
09-13 03:57 PM
I received my receipts today... Most of your's might be on the way too...