rayen
05-06 06:04 PM
Case: H1B transfer Denial
One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
Can he go back to previous employer ?
Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
Please let me know it is kind of urgent...
One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
Can he go back to previous employer ?
Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
Please let me know it is kind of urgent...
amitjoey
07-20 01:43 PM
We're in a unique situation. My wife and I married in India and didn't register our marriage; we're now citizens of country X. To get our marriage (and birth) certificate, we went to the local Indian consulate, which provides these services. But we were told that, since we're no longer Indian citizens, we should go to X's consulate. Is there a way we can get the certificates? How about registering our marriage in the US?
For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through . Is there a quicker solution?
Just register your marriage here in the USA.
For BC, our parents sent us the affidavits and we were thinking to get a certificate of BC's non-availability through . Is there a quicker solution?
Just register your marriage here in the USA.
thomachan72
05-15 04:20 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
your PD is 2006 and you got the GC? please correct your PD.
your PD is 2006 and you got the GC? please correct your PD.
nisthana
02-18 11:55 AM
I have my first GC interview next month. I had a DUI few years back that I forgot to mention in the 485 app as I thought this was a traffic related offense. I want to know what are my options now? My lawyer suggests I file for some kind of waiver and suggests I take an attorney with me to the interview. She also asked me to get court certified copies of the conviction and that I completed all the required tasks assigned by the court.
Is this going to affect my GC in anyway? I need some guidance here.
Is this going to affect my GC in anyway? I need some guidance here.
more...
VMH_GC
06-11 06:15 PM
Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
Ram_C
11-14 01:43 PM
Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
you are still on H1-B, EAD approval doesn't invlidate your H1-B status
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
you need not go to India to get your H1 extension stamping you can as well consider Canada, Mexico, Bahamas etc. you just need to cross the borders
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
There is no time line, however the sooner the better for many known reasons like Job, taxes, credit history to name a few
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
again you can send your original Passport along with application and required documents to nearest Indian Embassy (make sure to check the nearest Indian Embassy facilitates Passport renewals before you send in your docs) also you can attend in person which most folks prefer
Thank you very much in advance.
Anci.
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
you are still on H1-B, EAD approval doesn't invlidate your H1-B status
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
you need not go to India to get your H1 extension stamping you can as well consider Canada, Mexico, Bahamas etc. you just need to cross the borders
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
There is no time line, however the sooner the better for many known reasons like Job, taxes, credit history to name a few
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).
again you can send your original Passport along with application and required documents to nearest Indian Embassy (make sure to check the nearest Indian Embassy facilitates Passport renewals before you send in your docs) also you can attend in person which most folks prefer
Thank you very much in advance.
Anci.
more...
eb3India
04-09 03:58 PM
Bush and the others were sure to have a bill by the end of the year 2006, did you see any bill (beside the Bill wall) ?
No, so don`t worry...nothing will happen.
well they tried it did'nt happen because of Republican controled house, we now have Democratic controled house who favor more towards CIR, I think Bush working with Republican senators to get approval for his bill
atleast this is the only issue where president and democrats come close to agreeing on,
Question, does Democrats puts politics ahead by not giving credit to Bush for resolving immigration is the real issue
I do see more chances this year ofcourse this will be do or die situation for many immigration hopefuls
No, so don`t worry...nothing will happen.
well they tried it did'nt happen because of Republican controled house, we now have Democratic controled house who favor more towards CIR, I think Bush working with Republican senators to get approval for his bill
atleast this is the only issue where president and democrats come close to agreeing on,
Question, does Democrats puts politics ahead by not giving credit to Bush for resolving immigration is the real issue
I do see more chances this year ofcourse this will be do or die situation for many immigration hopefuls
coopheal
12-03 06:35 PM
Bump
more...
glus
02-27 09:13 AM
Ok, since your GC has been approved, it is not true you need to wait 180 days. There is nothing in the law that says that. What is true is something different. When you received your GC through your employer, the presumption is that you will remain with this employer for a long time to come as it was a permanent job offer position. Of course, under some circumstances, it is possible you can't work for the same employer any longer; for instance, the company is closing etc. But, if you receive a GC and you voluntarily leave your employer immediately or after a few months, you MAY have issues during naturalization. At that time your application can be scrutinized whether or not you really was going to work for the employer who sponsored you. I've seen this happening several times. If you left voluntarily after a short period of time, the USCIS may say it was fraud and you never intended to work for your sponsor. So, in general, it is advisable to remain with the original sponsor for some time. Some attorneys say 1 year is enough, some say 2 years is enough and some say 6 months is enough. It is up to you. The law does not specify what the period is, but be logical and careful about this. You can hold 5 jobs, but I would suggest to stay with your current employer for as long as possible. Think forward, and not backward.
Hope this makes sense.
Hope this makes sense.
gc28262
06-14 05:00 PM
I wonder whether the author even worries about America's competitiveness. For him it is all about him, his citizenship etc. Lesser competition means better wages for writing 4 lines of HTML code. Why should he care about America and its competitiveness !
more...
rajivkane
12-08 11:17 PM
Guys!
Thanks for your answers.
Regards,
Raj
Thanks for your answers.
Regards,
Raj
samswas
06-22 12:55 PM
My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
If I'm in your situation, I would do this ----------
Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
If I'm in your situation, I would do this ----------
Get the stamping in India. This is by showing your current H1B which is valid until 9/2010. At the port of entry, show your new H1B, and get I-94 until validity of your new H1B.
more...
pappu
08-23 01:58 PM
Do not spam the forum by posting the same post more than once.
simple1
06-03 02:00 PM
fool's post. yes you are.
The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.
I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.
Housing did create a biased USC/GC jobseeker.
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
The H1B are positioned better as they can relocate quickly. Most of USC and GC dont relocate due to housing ownership. While H1B homeownership is low.
I personally know atleast 20+ USC not willing to move to greener grounds just because they have house.
Housing did create a biased USC/GC jobseeker.
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
more...
rongch60
06-27 12:48 PM
Replacement EAD means replacing lost EAD, and only 1-year EAD will be issued. Most people apply for EAD renewal, which is OK for 2-year EAD.
sukhyani
03-05 02:05 PM
About what to do next, I would say start planning the "got my GC" party. Write down your guest list, the brands of wine and start talking to caterers. By the time you are done with this, you should have your approval.
LOL! I hope I am approved soon :)
LOL! I hope I am approved soon :)
more...
nb_des
02-13 10:01 AM
You can simply use the tuition fees deduction on the front of the 1040 return. It will reduce your adjusted gross income. I have been using it for deducting my sons tuition for three years.
Yes, but it can only reduce your taxable income upto $4000. For those who are spending larger amounts towards education in graduate studies lifetime credit in my opinion is better option.
Yes, but it can only reduce your taxable income upto $4000. For those who are spending larger amounts towards education in graduate studies lifetime credit in my opinion is better option.
sweet_jungle
11-25 02:30 AM
Sweet_jungle, I am in a similar situation. My attorney sent a request to TSC 3 months back to fix the PD but no response yet. What did you do to open the obmudsman inquiry? Did you send him an email or did you send him a letter in the email
Ombudsman responded saying that my PD is the older PD. Looks like the earlier response was an error.
NSC AILA liason has also confirmed it.
Ombudsman responded saying that my PD is the older PD. Looks like the earlier response was an error.
NSC AILA liason has also confirmed it.
burnt
03-08 10:37 PM
Same for me... I went to India...I followed the process while boarding and gave the passport to Airlines guy. But Somehow noticed after boarding the plane that he had not stamped my passport. So that I-94 came back with me when I reentered USA, But I did not say anything to the Immigration Officer at the POE, and got a new I-94. Will this effect my I-485?
goldbuckle
March 15th, 2006, 11:54 PM
:rolleyes: Oh, one more thing, any way to batch process the red-eye????