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Rohan99

10-29 12:21 PM

If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?


Please help...

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kaisersose

07-24 03:07 PM

ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.

I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(

Spend $200 dollars for a 15 min conversation with any of the top attorneys. Your confusion will be laid to rest.

Just send your questions and all required details to them ahead of time and also write down all possible follow up questions for yourself so that both parties are prepared before the call.

If they say you have to start afresh, then you can consider packing your bags. Good luck!

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Winner

04-21 02:26 PM

This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.

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harrydr

06-30 11:31 AM

So what you are saying is i can have 2 H1-b's only if both the jobs are part time. If any one of the two is full time, then it would be illegal. But here's the question. If i file for a 2nd H1-B, the INS should reject my 2nd H1-B request as i already have a full time job on my 1st H1-B. I guess this would be the only way to find out, since no one is sure what the law is.Is there some kind of INS documented law or statements to confirm this??

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prasadn

01-07 07:20 PM

Probably I did not make myself clear .
I don't care about any in-state tution or financial assistance .

My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

Here is the timeline

Nov 2010 - COS from H4 to F1 approved in US.
Dec 2010 - Went to india for F1 Stamping and it was denied.
Jan 2011 - Came to US on H4 visa .

Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

Yes, you can. Since the person is already in the US, this should not be a problem. One of my friend's wife lost her H-1 job, applied for a school here, got her I-20 and went to India for F-1 stamping. When it got denied, she applied for F-2 visa (as my friend was in F-1), and then after coming back to US, changed back to F-1 and went to school. Then she found a job on OPT and now is back on H-1.

"Status" and "visa" are two different things. A "visa" is only required for entry to the US.
I am not sure if the earlier denial of visa stamping will have an affect on a COS application.

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amsgc

04-17 08:36 PM

The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.

It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.

on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..

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pappu

07-30 11:38 AM

I do not doubt that these calls serve a purpose. What I am not very happy about is what transpires after the call. I look for some kind of gratification or closure after a certain issue has been raised. When we participate in such calls with Ombudsman, and even when individuals focus on their own issues, it would not be too difficult to identify some of the generic problems. From the calls this time and the past one, I would be surprised it they did not see customer service and processing times as major issues. Not to say these are high priority problems but that most likely would be the summary of two calls.

But, what happens after that? We do not see what procedures are in place/discussions to rectify these problems.

Thats where I think calls/meeting with USCIS local or DC body could help. Thanks for pointing out that such meetings are already in the works. I will defer my discussion to my local chapter. Thanks.

I agree.
Maybe this is something our community can ask Ombudsman's office so that after calls, we can know any follow up action and status on the 'issues' raised during the call.

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Templarian

08-27 11:16 PM

Double posting bump this thing.

I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).

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indianabacklog

06-27 08:56 AM

If an A# has been assigned it will be in the beneficiary box of the I140 approval notice. Not everyone has been given one it would appear. If you have not leave that box on the forms blank.

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ashkam

12-03 04:12 PM

Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?

Refer to this post (http://immigrationvoice.org/forum/showpost.php?p=234403&postcount=24) for a good answer.

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Dakshini R. Sen

06-26 11:17 AM

Thank You Ms. Sen.

Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?

Thanx in advance

There is a �Streamline� e-mailbox for EB-3 I-140s for AILA attorneys to send inquiries. If EB-3 I-140 case was filed prior to December 31, 2008, AILA attorneys can submit an inquiry to this specific e-mail address provided by the USCIS. This is available only if the case is filed at the Texas Service Center.

So if your case falls under this category please request your attorney to send an e-mail inquiry to this streamline e-mail address and make an inquiry.


Dakshini R. Sen
Attorney at Law
Law offices of Dakshini R. Sen, P.C.
212-242-1677
713-278-1677

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WeShallOvercome

07-31 12:13 PM

Guys,

don't worry.

The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!

They can't age out children just because they sit on an application for 5 years...

Relax..

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GCwaitforever

11-12 07:50 AM

Looks like the law suit worked. Congratulations to the Emeries. The other case will be resolved with Dream act. Is not there a TPS for Honduras citizens?

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Beemar

11-05 11:34 PM

You should be having a copy of your approval notice of your I-140. Your lawyer must be having the original copy of this approval notice. Take an info pass appointment, take this I-140 notice copy with you and ask them what exactly is the matter.

My guess is actually same as your HR/attorney. It most likely is a system issue. I have seen the LUD on many of my open petitions actually going back in past! CIS sure has some cheap and clueless programmers at their offices.


Hi

I my PD is July 2003 EB3 (India).

My I140 was approved in 2006 and had applied for 485, EAD, A/P in July 2007 like most of you. Yesterday LUD on my approved I140 and 485, EAD, A/P applications in USCIS changed after months. But now my approved I140 status has changed to
What is even more surprising is that it also says This is incorrect since i got the approval notice in Nov 2006.

I have NOT done any labor substitution or anything like that.

As usually our corporate lawyer and HR were useless and think this is just some system issue at USCIS. Did anyone else see this before? I was looking for other threads but couldn't find anyone else having similar issues.

Immigration gurus - any suggestions/comments? Is this normal?

Thanks!

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shana04

05-28 11:59 PM

I am a July 2007 filer and he expects an RFE for employment verification on my case.

I am july 07 filer and I got RFE for EVL and that should be on companys letter head and a copy of it with job description and offer for full time with salary. (In fact I have sent AC21 through attorney)

And RFE for current residence proof

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coolpal

04-28 03:37 PM

My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.

pal :)

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lee.cook

May 20th, 2007, 12:33 PM

Hello,

I seemed to have fixed the problem, my father has a Nikon D40x and we read his manual on cleaning, since the D40 and the "X" are very similar.

We cleaned the low pass filter I believe, by using the mirror lock-up option in the camera.

I am now very very happy there is no dirt :)

This thread can be locked or deleted.

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satishku_2000

05-26 07:43 PM

This new law in its current form affects everyone who is here legally whether someone is a Student or H1B

1. Some one who is a student he gets extended OPT

2. The moment student want to file for H1, his employer should be willing to shell out nearly $10,000

3. Every extension subsequently costs same amount unless they dont increase it further.

4. Some one on H1b cant do consulting.

5. Some one whose EB petition is pedning and nearing 6th year is scrwed because of the reduction in VISA numbers and repealing of AC21.

6. Employers have to shell out $10000 every year to get extension.


A spoke with at least 10 people and have them signed up for IV.

Folks , Please talk about this issue when you make weekend calls. No one from EB community is spared from this draconian bill .

Make phone calls and have your people signed up for IV

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tiger05

03-01 05:13 PM

Hi,

I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.

RFE is

All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.

I came to US on 2006 feb, the attorney is submitting my W2s on monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.

As my 2006 W2 is not good , does it effect my H1B transfer.

Please let me know your thoughts.

Thanks

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surabhi

10-17 03:52 PM

Widely known as payroll tax is actually FICA tax (http://en.wikipedia.org/wiki/Federal_Insurance_Contributions_Act_tax) 6.2 % of federal and 1.5% of medicare...together coming close to 8%. I'm not aware of any state component above this 8%...
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....

So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...

If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal... I personally could manage 80% of the billing while I was doing consulting...

I agree. 90% of the bill rate never includes the employer taxes portion.

It all adds up. It may not be profitable as one assumes. The relocation costs, medical insurance, unpaid vacation days, unpaid holidays..

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wandmaker

12-11 07:46 AM

Do you all know Omnibus Funding Drive thread rocks? We had a great start today and we will have a good finish

Go IVans Go!

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