npk1255
10-04 10:55 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
wallpaper Lo on NBC#39;s “The Voice”…
rpatel
09-18 09:40 AM
The story goes some thing like this....
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
My labor was approved by Dallas BEC on 21st June'06 and my employer received a letter to that effect by end of June.
By July 25th my lawyer had everything else in place to file the I-140 but was yet to receive the stamped ETA forms from Dallas...so she concluded the approval was lost in mail. She sent the I-140 petition to nebraska on July 26th with a copy of the approval letter that my employer received along with a letter telling the orginal approval was lost in mail. The lawyer did finally receive the original approval in the first week of August (May be the postman took a scenic route :) ). The I-140 petition was forwarded to Texas under bi-specailization. I received an automated email from USCIS case notification that an RFE was issued on sept 1 but neither the lawyer nor my employer had received any RFE letter up until last Friday (sept 15) so I pressed her to find out more. She called the Texas service center and they told her 'The RFE was not for the employer' It was for the DOL...They sent a request to USCIS for a copy of labor approval and were waiting to hear back...
Now my questions:
1. I know you will say why not ask the lawyer to sent the approval she received in mail to USCIS and resolve the issue. I thought the same but lawyer thinks it will create additional confusion and advises we wait 4 more weeks to see if they decide on the case...if not..only then send the approved ETA forms. Do you think its a wise idea ?
2. Has any one else here gone through similar situation or know some one who did ? How long does it take for USCIS to receive a copy of labor from DOL ? Since Dallas is all electronic now..shouldn't it be as simple as forwarding a screen shot of ETA to the USCIS requesting officer ?
Since EB2 dates for India a retrogrogressed badly I am not in any particular hurry but it would be great if I can atleast get this 140 monkey off my back..Thankyou
Blog Feeds
08-03 12:50 PM
Government officials as well as immigration lawyers have been implicated in several recent corruption cases. Here are some of the cases that have made news in the last few days: USDOJ announced a ICE official was sentenced in a kickback scheme involving a confidential informant in an alien smuggling investigation. A former official at the US Consulate in Toronto was sentenced to a year in prison for a scheme where visas were expedited in exchange for gifts and trips with exotic dancers. A Utah lawyer stands accused of massive fraud in securing H-2B visas for ineligible workers. A Beverly Hills...
More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)
More... (http://blogs.ilw.com/gregsiskind/2009/08/corruption-cases-plague-the-immigration-world.html)
2011 It was the first week where
alisa
06-26 04:59 PM
Lost I20.
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
Went to school from 96 to 2000.
WOrking on H-1 since then.
Numerous trips outside. Last one in 2005 on an H-1 visa.
What do I do now?
more...
hiralal
08-10 11:56 AM
With not many 'easy' H1b cases anymore. This looks like another route for the 'attorney' to get more clients, selling fear!
I agree !! it is definitely bad news and many may end up spending more on a plastic card. more business for lawyers !!!
maybe guiness book of world records should have an entry for the costliest plastic card I just hope and pray that future generations have better options at home and in different countries and links such as these point out the hard truth that everyone needs to have a plan B - and be mobile and ready to move. (i.e. not get stuck with immovable assets).
I agree !! it is definitely bad news and many may end up spending more on a plastic card. more business for lawyers !!!
maybe guiness book of world records should have an entry for the costliest plastic card I just hope and pray that future generations have better options at home and in different countries and links such as these point out the hard truth that everyone needs to have a plan B - and be mobile and ready to move. (i.e. not get stuck with immovable assets).
learning01
04-06 01:12 PM
Else where in IV (http://immigrationvoice.org/forum/showpost.php?p=7026&postcount=172), I posted that the core bill under consideration is Specter S.Amdt 3192, which has already amended Specter's S.2454. So, the Hagel-Martinez 3 core provisions will be added to S.Amdt 3192.
But what about the discussion of other 228 amendments now cloture has passed and discussion and voting allowed on these.
But what about the discussion of other 228 amendments now cloture has passed and discussion and voting allowed on these.
more...
justin150377
09-19 07:12 PM
How about working on an EAD in a part-time job while working full-time on your h1 sponsored job? I assume the h1 will not become invalid in this case because EAD is being used for the part time job.
2010 NBC will debut another singing
dkin007
01-21 08:15 AM
Hi,
My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.
Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?
If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.
Please respond with your suggestions.
Thanks a lot in advance!
Regards
DK
My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.
Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?
If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.
Please respond with your suggestions.
Thanks a lot in advance!
Regards
DK
more...
dealsboy
08-19 01:38 PM
Based on the knowledge I have.
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
If it is a profit based company then you are no more cap exempt. You have to file a new H1B asap.
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
They have to file a new H1B for you.
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
GC is for future employment. When they apply for Prevailing wage they have to apply based on your 2011 position (Hospitalist/Teaching Hospitalist/ Primary care doctor). They can file your GC now.
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
If it is a profit based company then you are no more cap exempt. You have to file a new H1B asap.
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
They have to file a new H1B for you.
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
GC is for future employment. When they apply for Prevailing wage they have to apply based on your 2011 position (Hospitalist/Teaching Hospitalist/ Primary care doctor). They can file your GC now.
hair The #39;Voice#39; contestant hopes
hemya
02-12 02:25 PM
Please ask your lawyer whether the H1 is being filed as " change of status" or "consular processing". If it is consular processing then she will have to go and get the stamping done. As per my knowledge if H1 is rejected she can still enter on H4 since it is still valid. I assume the H1 petition will be filed on 1st April. If she enters after that date then most probably it will have to be consular processing
However please check with your lawyer since the above is only my understanding
Good luck
However please check with your lawyer since the above is only my understanding
Good luck
more...
Alien
03-17 04:50 PM
Yes you can but your H1 will be invalidated and you wont be able to work with your primary job legally ( I think).
hot The coaches want each member
karan36
11-08 02:59 PM
Approved Asylum in 06. Applied for GC in 07, still pending and received this letter a few days back.
Your case is on hold because you appear to be inadmissible under ?212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security?s discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case."
My question is - I am married to a US Citizen, and have a child(yes I know I should have applied thru her- but did'nt) Can I apply for another GC thru wife.
Will my Work permit be renewed once it expires.
Thanks
Your case is on hold because you appear to be inadmissible under ?212(a)(3)(B) of the INA, and USCIS currently has no authority not to apply the inadmissibility ground(s) to which you appear to be subject. Rather than denying your application based on inadmissibility, we are holding adjudication in abeyance while the Department of Homeland Security considers additional exercises of the Secretary of Homeland Security?s discretionary exemption authority. Such an exercise of the exemption authority might allow us to approve your case."
My question is - I am married to a US Citizen, and have a child(yes I know I should have applied thru her- but did'nt) Can I apply for another GC thru wife.
Will my Work permit be renewed once it expires.
Thanks
more...
house In the past 3 weeks, The Voice
ss1026
06-14 09:38 AM
I have a pending I-140 with a Feb2004 PD which may or may not be approved and I have a Feb2005 PD with approved I-140. Which is a better stragety. Risk with the old PD and play safe and wait long for a GC?
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.
tattoo “The Voice” airs Tuesday
Didiusthegreat
09-25 01:31 PM
I've been sending it throug!
Hope you'ved recieved it
Hope you'ved recieved it
more...
pictures We#39;ve seen both the blind
rbalaji5
01-11 01:52 AM
bump
dresses The second half of The Voice
we_r_d_world
09-18 02:45 PM
I know people work for county on EAD, but can one be employed by the US government on EAD?
I work for State government on EAD. My agency's HR didnot/does not have any knowledge, had to involve local Immigration lawyers and State immigration lawyers to educate them. I have to be forthcoming and provide/sign new I-9's whenever my EAD is renewed.
HTH
we_r_d_world
I work for State government on EAD. My agency's HR didnot/does not have any knowledge, had to involve local Immigration lawyers and State immigration lawyers to educate them. I have to be forthcoming and provide/sign new I-9's whenever my EAD is renewed.
HTH
we_r_d_world
more...
makeup on NBC#39;s The Voice,
gc_eb2_waiter
02-02 04:34 PM
I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
Please let me know my options.
girlfriend The NBC series, which
iheartindia79
10-06 04:37 PM
Hello,
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Still waiting [YAWN]
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Still waiting [YAWN]
hairstyles on NBC#39;s The Voice vocal
k3GC
12-22 05:23 PM
I thought this was funny and had to post this link :D.
You now protest when other countries make it difficult for you to get a visa.
US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)
You now protest when other countries make it difficult for you to get a visa.
US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)
pappu
06-03 10:49 PM
get a zebra.
No wait. Tell your friend to get a zebra.
:d
No wait. Tell your friend to get a zebra.
:d
go_guy123
01-17 12:53 PM
Yall...
Record $14 trillion-plus debt weighs on Congress
Record $14 trillion-plus debt weighs on Congress - Yahoo! News (http://news.yahoo.com/s/ap/20110115/ap_on_re_us/us_debt_wars)
Taught of debating if it is worth to live here more ??
Basically I came here to earn some money and to have some good life ( cleaning my bathroom myself -- lol )
The way things are going here in US with Jobs / Economy overall thinking if it is worth to live here and worth to get a US Passport or to keep renewing GC.
I know it all depends on each indivisual perspective and views.. but taught of looking other views on this.
Thanks and Regards -- Green_Always :-)
They will print money....and 'hose" the "dollar" savings of Japan, China etc....
The question should be when is China going to figure out an alternative business model other than depressing currency and exporting to US.
Till that time US can print as much as they want and stick it to the a**es of people who buy us treasuries.
China has nowhere else to go !!!!!
http://www.reuters.com/article/idUSTRE70E0V820110115
Record $14 trillion-plus debt weighs on Congress
Record $14 trillion-plus debt weighs on Congress - Yahoo! News (http://news.yahoo.com/s/ap/20110115/ap_on_re_us/us_debt_wars)
Taught of debating if it is worth to live here more ??
Basically I came here to earn some money and to have some good life ( cleaning my bathroom myself -- lol )
The way things are going here in US with Jobs / Economy overall thinking if it is worth to live here and worth to get a US Passport or to keep renewing GC.
I know it all depends on each indivisual perspective and views.. but taught of looking other views on this.
Thanks and Regards -- Green_Always :-)
They will print money....and 'hose" the "dollar" savings of Japan, China etc....
The question should be when is China going to figure out an alternative business model other than depressing currency and exporting to US.
Till that time US can print as much as they want and stick it to the a**es of people who buy us treasuries.
China has nowhere else to go !!!!!
http://www.reuters.com/article/idUSTRE70E0V820110115
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