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
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satyasrd
05-19 07:37 AM
Pappu/IV Seniors,
This sounds totally outrageous ! I mean if the company is genuine and no one is on bench etc. what was the ground for deportation ? And what is this about intimidating the immigrant ? What can we do to bring these cases to light and ask for explanations ?
Thanks.
I fear a backlash as by now ewr would have made my company to be marked for secondary scrutiny. this is how the story unfolded
CBP --who is your manager
XYZ -- Mr ABC who is based in atlanta ..
CBP. hmmm.. can i have his phone #
CBP calls Mr ABC .. we r deporting XYZ hs papaers r not in order ..
no call back # nothing ..
meanwhile XYZ is asked to sign papers ..
I know we can refuse but those people r so intimidating and I guess if you dont sign ICE agents come in and tell you that it could take months to send you back
so poor xyz has no option but to sign and get a stamp on his passport that he is being deported
Councilor access is a myth and so is trying to call and talk to the CBP officers
and this is not a small body shop .. it has atleast 500 people working on various projects across US and those people were not on bench
i can field any questions ...
This sounds totally outrageous ! I mean if the company is genuine and no one is on bench etc. what was the ground for deportation ? And what is this about intimidating the immigrant ? What can we do to bring these cases to light and ask for explanations ?
Thanks.
I fear a backlash as by now ewr would have made my company to be marked for secondary scrutiny. this is how the story unfolded
CBP --who is your manager
XYZ -- Mr ABC who is based in atlanta ..
CBP. hmmm.. can i have his phone #
CBP calls Mr ABC .. we r deporting XYZ hs papaers r not in order ..
no call back # nothing ..
meanwhile XYZ is asked to sign papers ..
I know we can refuse but those people r so intimidating and I guess if you dont sign ICE agents come in and tell you that it could take months to send you back
so poor xyz has no option but to sign and get a stamp on his passport that he is being deported
Councilor access is a myth and so is trying to call and talk to the CBP officers
and this is not a small body shop .. it has atleast 500 people working on various projects across US and those people were not on bench
i can field any questions ...
setpit_gc
05-27 07:14 PM
Got the RFE document.
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
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eagerr2i
11-15 05:22 PM
In California,
www.edjoin.org
You need to be a credentailed teacher to get a H1B in most cases. For credentialing, you either need a B Ed from India or complete the teacher credentailing program in US. For the credentailing program, you will need to get your degree evaulated, pass the CSET exam or Praxis in some cases and finish the university requirement.
Pls PM me if you need more details.
www.edjoin.org
You need to be a credentailed teacher to get a H1B in most cases. For credentialing, you either need a B Ed from India or complete the teacher credentailing program in US. For the credentailing program, you will need to get your degree evaulated, pass the CSET exam or Praxis in some cases and finish the university requirement.
Pls PM me if you need more details.
more...
pappu
01-07 07:19 PM
http://immigrationvoice.org/
Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
Contact your chapter leaders for various state chapter action items.
Please stay tuned for a massive IV campaign coming up. We will be announcing it tonight on the forums.
Contact your chapter leaders for various state chapter action items.
DDD
11-23 03:49 PM
why does your medal say #7.....heehee
more...
logiclife
06-18 06:04 PM
Exactly the same as mine (except that I needed to copy whole passport)
That is the exact list my lawyer has sent me. Ditto. Also, he too asked for copy of all pages (blank and printed, every single page) of passport.
That is the exact list my lawyer has sent me. Ditto. Also, he too asked for copy of all pages (blank and printed, every single page) of passport.
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SureShot
11-02 02:31 PM
you can also put links on an image in dreamweaver with image maps.
it's very easy. Just bring the image (or images if you have cut it up) into dreamweaver. Click on the image and in your Properties Pannel you will notice a bunch of options for drawing. Choose the square or the circle or whatever shape you want to make and just draw ontop of your image. This will be an active Hyperlink and will not ad and colours or outlines to your pic.
Hope that helps.
it's very easy. Just bring the image (or images if you have cut it up) into dreamweaver. Click on the image and in your Properties Pannel you will notice a bunch of options for drawing. Choose the square or the circle or whatever shape you want to make and just draw ontop of your image. This will be an active Hyperlink and will not ad and colours or outlines to your pic.
Hope that helps.
more...
raajpagare
07-13 05:14 PM
I have taken filights to Indore from both Mumbai and Delhi. There is not much difference per say, both of them provide you the shuttle to domestic airport. The delhi shuttle takes slightly longer (like 10 mins more). Both places have good facilities to wait too.
So I guess take whichever is cheaper.
One important point to remember though is that if you are travelling in Dec and Jan, Delhi does get a lot of fog and flights get delayed. So if your domestic flight got delayed, you might the international one or if the international one get delayed then you might be stuck in delhi for a while. I got stuck there for a day (although the airline provided nice accomadation).
So if going in Dec or Jan, choose Mumbai.
So I guess take whichever is cheaper.
One important point to remember though is that if you are travelling in Dec and Jan, Delhi does get a lot of fog and flights get delayed. So if your domestic flight got delayed, you might the international one or if the international one get delayed then you might be stuck in delhi for a while. I got stuck there for a day (although the airline provided nice accomadation).
So if going in Dec or Jan, choose Mumbai.
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singhsa3
09-28 02:59 PM
I had my FP done yesterday (Sep 27). My notice date is Aug 28th on 485 and I received FP notice in the first week of september.
I think you should call them immediately as you should have not only gotten you FP notice by now but also got your FP done.
Hello Guys,
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
I think you should call them immediately as you should have not only gotten you FP notice by now but also got your FP done.
Hello Guys,
Does any one here has Newark NJ as their ASC? Reason is my notice date is august 27th from TSC and I haven't received my FP notice yet. My wife has the similar issue as well. I've called USCIS atleast twice but they are not ready to open service request and are saying that the ASC must be busy.
I wanted to find out if any one of you here has notice date after august 27th and have already got FP notice from Newark (NJ) ASC.
Thanks.
more...
insbaby
08-18 10:23 PM
I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.
What made USCIS think that your educational background is not Computer Science? any idea.
I have few questions for the experts here.
1. Is it possible for me now to apply for new H1 thru some other company?
2. Can i re-appeal the decision and stay here legally?
3. Are there any good attorneys that can give me good advice for me to take the next step?
Please let me know.. This is urgent for me right now.
Thank you all.
Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.
What made USCIS think that your educational background is not Computer Science? any idea.
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dilipb
01-31 03:48 PM
LUD is still showing some 11/28/2007 date
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pappu
05-24 10:18 AM
all new members, pls bring in more people like us to this forum.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
has an email format that you can forward to your friends. Lets increase the presence on this forum.
we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=30&Itemid=36
has an email format that you can forward to your friends. Lets increase the presence on this forum.
we only have about 4k members. However people on H1B visas every year are 65+K and retrogression affected people are more than 300K. Thus we have lot of scope for bringing more members. Remember, more numbers would also mean more weight for IV when talking to lawmakers.
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bkn96
02-18 12:43 PM
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
Took around 10 weeks. MTR sent on 11/28/08, Letter recd on 02/6/09 at my attorney's office.
Took around 10 weeks. MTR sent on 11/28/08, Letter recd on 02/6/09 at my attorney's office.
more...
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JunRN
08-12 03:49 PM
I think there are few applicants between July 4 to July 17 because this the period of limbo - no one knows what to do and waiting for the August VB. I would guess it would not even reach 10% of those who filed in July 1 to 3.
Another guess is that the filers for July 20 to 31 are also many but not as many as July 1 to 3 filers.
I would suspect that there will be many filers before the August 17 deadline and it could be as many as July 1 to 3 filers.
Another guess is that the filers for July 20 to 31 are also many but not as many as July 1 to 3 filers.
I would suspect that there will be many filers before the August 17 deadline and it could be as many as July 1 to 3 filers.
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canmt
12-06 07:59 AM
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
more...
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REQUIRE_GC
08-03 11:14 PM
I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.
As long as You have Applied in Time You are not Out of status. If you have crossed 90 days , you can go to local immigration office and request for the temporary permit.
I submitted renewal on July 12, and I received an email on saturday for Card Production ordered and I did not receive any FP notice for renewal.
Hope this answers your question
As long as You have Applied in Time You are not Out of status. If you have crossed 90 days , you can go to local immigration office and request for the temporary permit.
I submitted renewal on July 12, and I received an email on saturday for Card Production ordered and I did not receive any FP notice for renewal.
Hope this answers your question
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ebizash
07-15 01:11 PM
I wish my company attorney could understand the basic ENGLISH instructions. Worst part, still doesn't admit his mistake and keeps pointing to the receipt issued by USCIS.
Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
In short, still not sure what to do....
I think both your attorney and the Infopass official are right. The app fee is part of the initial evidence (documents) that are verified before the case is accepted. Since the receipt has been issued it seems the receipting agent has overlooked that the fee was required. But again, this is USCIS that we are talking about!!
Just my 2c and not a recommendation one way or the other!!
Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
In short, still not sure what to do....
I think both your attorney and the Infopass official are right. The app fee is part of the initial evidence (documents) that are verified before the case is accepted. Since the receipt has been issued it seems the receipting agent has overlooked that the fee was required. But again, this is USCIS that we are talking about!!
Just my 2c and not a recommendation one way or the other!!
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pappu
04-30 11:32 AM
Please be careful what you post on the forums.
Immigrationvoice strongly opposes anything that violates the laws of the country. I deleted one of the posts on this thread. Our forums are visited by all kinds of people. We even had lawmaker offices and reporters viewing our website. Senior members are requested to be vigilant and report any post that harms the interest of the organization and community. Senior members should also immediately respond to any such posts so that the discussion is not continued further. Thanks.
Immigrationvoice strongly opposes anything that violates the laws of the country. I deleted one of the posts on this thread. Our forums are visited by all kinds of people. We even had lawmaker offices and reporters viewing our website. Senior members are requested to be vigilant and report any post that harms the interest of the organization and community. Senior members should also immediately respond to any such posts so that the discussion is not continued further. Thanks.
titu1972
07-23 12:56 PM
Lincon, NE
Delivery Date Jul 2,2007 10:25
Delivery Date Jul 2,2007 10:25
surabhi
08-17 04:02 PM
I think this might be the case where "Waiver of Signature" was not opted in case of express mail.
In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.
In this situation, I guess nothing much to do except wait I guess.
In that case, USPS has to deliver only if a signatory is available. This is obscure option on the Express Mail address sheet. For PO Box addresses like in this case, it is advisable to opt for waiver for obvious reasons.
In this situation, I guess nothing much to do except wait I guess.
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