amitga
03-21 10:38 AM
Please see my answers below.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
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rsrikant
07-20 10:17 AM
sorry for that
i can open it...
i can open it...
India76
09-17 01:39 PM
I am going fromamerican airlines that goes directly from chicago to Delhi and coming back same way.
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india_is_the_best
05-14 09:38 AM
I want to purchase an house in Washington DC/MD/VA. My office is close to Rockville. Please recommend the best place to buy an house based on the following criteria.
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
1> Very good school district
2> Low property tax
3> Very low crime rate
4> Rental value should be same as mortgage amount+insurance+PMI+property tax
5> Property values should be in 300K range max
6> Lot of Indians
9> Maximum distance to DC should not exceed 30 miles
10> Close to shopping places
more...
gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
gaffarkhan
07-16 06:15 PM
so we r in same boat. Mine recd date Oct 2nd 2006.
more...
MatsP
August 14th, 2006, 06:26 AM
Unless you're feeling seriously hampered by your set of lenses right now, and you're planning on spending some dollars on new lenses, I'd stick with what you have at the moment, and only upgrade when you actually see a need to do so, rather than "better do it before it's too late".
Yes, if you have advanced plans on buying more lenses, then I would consider upgrading the camera as well - before you have such a huge collection that you can't feasibly afford to change brands.
I would also very seriously consider the fact that Canon has undeniably the best select of lenses, and most people (except some Nikon fanatics) would probably also agree that the Canon lenses are optically better than the Nikon equivalents [although there are many factors here, some of which are based on personal experience, some are probably depending on whether you get a "good copy" or "bad copy", etc, etc].
Flash memory (SD or CF) isn't very expensive these days, so unless you have several gigabytes of it, you probably need not really worry about that so much when it comes to choosing your next generation camera.
I have to admit, however, that the Nikon D80 has a very tempting price and feature combination. I'm sure it's a really good camera.
Finally, although I'm somewhat of a Canon fan, my latest camera purchase was a Nikon - a small Coolpix 7600 so that me and my wife can carry an unobtrusive camera when need be. Carrying a EOS 10D around is a little bit more noticable...
--
Mats
Yes, if you have advanced plans on buying more lenses, then I would consider upgrading the camera as well - before you have such a huge collection that you can't feasibly afford to change brands.
I would also very seriously consider the fact that Canon has undeniably the best select of lenses, and most people (except some Nikon fanatics) would probably also agree that the Canon lenses are optically better than the Nikon equivalents [although there are many factors here, some of which are based on personal experience, some are probably depending on whether you get a "good copy" or "bad copy", etc, etc].
Flash memory (SD or CF) isn't very expensive these days, so unless you have several gigabytes of it, you probably need not really worry about that so much when it comes to choosing your next generation camera.
I have to admit, however, that the Nikon D80 has a very tempting price and feature combination. I'm sure it's a really good camera.
Finally, although I'm somewhat of a Canon fan, my latest camera purchase was a Nikon - a small Coolpix 7600 so that me and my wife can carry an unobtrusive camera when need be. Carrying a EOS 10D around is a little bit more noticable...
--
Mats
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thepaew
02-09 01:41 PM
Hello Pappu,
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
I can write this. Please let me know the word count. When is the deadline?
BR
We have an opportunity for an op-ed to be published in a leading Indian media about the recent amendment that harm foreign workers.
Please send it to info at immigrationvoice.org urgently so that it can be published while the issue is hot and it complements our effort to oppose in the conference
more...
yabadaba
11-06 08:05 AM
Does anyone know the benefit to go for PIO or OCI... in relation to the Indian Baby born in US..
Thankyou
Your child is an American of Indian Origin. not an "Indian" baby born in the US.
One of our key duties as immigrants is to instill that value in our children. This way neither will they be confused, nor will they reject their roots
Thankyou
Your child is an American of Indian Origin. not an "Indian" baby born in the US.
One of our key duties as immigrants is to instill that value in our children. This way neither will they be confused, nor will they reject their roots
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sc3
08-28 02:46 PM
That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.
Quite a lot of legal filers from 2001 had been stuck in BEC. They are now coming out to apply (in the poll you started there are about 2.5% of applicants with PD in 2001!!!) , others are people who substituted (both with buying and using old labors within their companies) their labor certificates last year -- so definitely we will still see some Pre2002 applications, but is it enough to derail the movement of EB3 for another year? That is not clear.
Quite a lot of legal filers from 2001 had been stuck in BEC. They are now coming out to apply (in the poll you started there are about 2.5% of applicants with PD in 2001!!!) , others are people who substituted (both with buying and using old labors within their companies) their labor certificates last year -- so definitely we will still see some Pre2002 applications, but is it enough to derail the movement of EB3 for another year? That is not clear.
more...
GC20??
08-20 09:51 AM
My 140 was approved in 2007 and today I got a text message on phone that my application is sent to Nebraska, NE to review and status changed from Approved to Initial review.
Had any one been in same situation or had seen this before with some one else?
Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.
Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?
"Post Decision Activity
On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
Had any one been in same situation or had seen this before with some one else?
Two years after my I-140 was approved, status changed to below. My attorney filed my I-140 choosing CP. CP applications are processed at DOS. As I applied for I-485 in July'07 DOS sent it back to USCIS. Your case looks different. Well I have heard of instances where USCIS reviews approved applications I hope your case is a simple computer glitch. I-140 is employers application so you cannot contact customer service or IO regarding that. Ask your attorney or employer to contact USCIS.
Your priority date is current for more than 6 months now. Did you take any steps to expedite (congressman, senator or writ of mandamus)?
"Post Decision Activity
On March 20, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
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chanduv23
12-18 10:01 AM
Prashanthi Reddy will be on IV chat tonight at 9.30 PM EST
more...
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ramus
06-29 12:50 PM
I was listing to NPR Diane Rim show. Not sure who guests were. But When Diana asked if there is any chance that bill might come back.. He said, no bill won't come back but there is chance that some pieces of immigration may come in seperate pieces in around sep. He did say some bill might come for High skilled.. He gave example of Bill Clinton's health care immigration bill.
Anybody got chance to hear to NPR today?
If anyone is interested in finding what other groups are doing:
Reminder: Today, Friday, June 29, the Coalition for Comprehensive Immigration Reform will be hosting a nationwide conference call at 3:00 PM Eastern time to discuss the implications of yesterday�s Senate vote. If you are calling from a land-line, call 1-888-341-6639. If you are using a cell-phone, please call 1-641-594-7000. The access code for both numbers is 65777554#.
===============
If you find some helpful information, do post on the thread.
Anybody got chance to hear to NPR today?
If anyone is interested in finding what other groups are doing:
Reminder: Today, Friday, June 29, the Coalition for Comprehensive Immigration Reform will be hosting a nationwide conference call at 3:00 PM Eastern time to discuss the implications of yesterday�s Senate vote. If you are calling from a land-line, call 1-888-341-6639. If you are using a cell-phone, please call 1-641-594-7000. The access code for both numbers is 65777554#.
===============
If you find some helpful information, do post on the thread.
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cherupally
09-10 10:36 PM
I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
more...
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sircaustic
07-21 10:48 PM
Need some help here answering a question in form I-539 Part 4, Section 3, Item a, b and c as follows:
Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.
Are you, or any other person included on the application, an applicant for an immigrant visa?
Has an immigrant petition ever been filed for you or for any other person included in this application?
Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?
I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.
Here's my status:
-Working in US since 2004 on a H1B so this is my 7th year extension.
-This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
-I-140 was filed in March 2007 and approved in October the same year.
-I-485 for family and I was filed in July/August wave in 2007.
-LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?
I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.
Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.
Are you, or any other person included on the application, an applicant for an immigrant visa?
Has an immigrant petition ever been filed for you or for any other person included in this application?
Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?
I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.
Here's my status:
-Working in US since 2004 on a H1B so this is my 7th year extension.
-This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
-I-140 was filed in March 2007 and approved in October the same year.
-I-485 for family and I was filed in July/August wave in 2007.
-LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?
I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.
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delhirocks
07-02 10:32 AM
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venky08
05-30 06:38 PM
my advice to you is try to do it in person. i did it a few months ago in houston. i know a lot of people are not lucky enough to be close to a consulate. but when you apply in person, and you say that you will pick up your passport in person, then you take most of the problems away involving postal delivery and receipt of the passport.
so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.
the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:
so even if it may hurt to drive for a few hours, it may be well worth the drive. afterall passport with a visa stamp is probably the most important document you will ever have in your possession while you are on H1-B.
the way it works in houston is - you submit all the paperwork etc. during morning hours. they will tell you to come and pick up your passport after 3-4 weeks. you go there say a couple of days after they told you to come, pick up your passport...go home...effortless.:cool:
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neerajkandhari
03-16 08:52 AM
Can I work for the same employer as a contractor (1099)
I dont want to be on payrorle with the company for whom i work
I dont want to be on payrorle with the company for whom i work
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NO_Free_Rider
09-14 12:47 PM
Looks like your I140s denied for ability to pay (based on the RFEs). But also you were paid more than the prevailing wages! Per my exp, even if company makes loss, but you were getting paid, it shouldn't be a reason for denial.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
for_gc
09-21 11:52 AM
I don't agree with more fees for 485 etc ...
They are already taking too much money out of us ...
They are already taking too much money out of us ...
ajay_hyd
06-21 11:45 AM
My case was approved yesterday. EB3/NSC - India - PD June 02 - RD April 04.
thanks and good luck to all who are waiting. i will send an additional check to immigrationvoice soon.
thanks and good luck to all who are waiting. i will send an additional check to immigrationvoice soon.
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