img86
10-08 01:52 AM
Hi .. I am on L1 with my current employer. I applied H1B through a consultancy and my petition got approved. My current employer told me that they can transfer my approved H1B to them. Is it really possible to transfer H1B to my current employer, just by having the approved petition?
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millersoul
12-15 01:31 PM
Hi all,
I graduated this June and started working in a company on my OPT status (valid July 2009 to July 2010) since July until now. In October, my company filed H-1B petition, and on Nov 24, we got approval notice I-797B (without I-94) instead of I-797A, as well as a DENIAL of concurrent change of status.
Shortly after we filed the petition, I took a short trip to my home country and then come back(with OPT status) on Nov 1.
In the notice, it states "...the beneficiary departed the US on Oct. 15 2009, thereby abandoning the requested change of status. As such, the beneficiary has failed to maintain his F-1 status. Accordingly, the concurrent request for change of nonimmigrant status is denied."
I am really confused here because I re-entered the US with my F-1 OPT status on Nov. 1 without any issue.
What should I do now in order to get my H-1B visa? Am I still maintaining F-1 status (legally staying in the US) even if it stated that I have failed to??
Great Thanks in advance!!
MT
I graduated this June and started working in a company on my OPT status (valid July 2009 to July 2010) since July until now. In October, my company filed H-1B petition, and on Nov 24, we got approval notice I-797B (without I-94) instead of I-797A, as well as a DENIAL of concurrent change of status.
Shortly after we filed the petition, I took a short trip to my home country and then come back(with OPT status) on Nov 1.
In the notice, it states "...the beneficiary departed the US on Oct. 15 2009, thereby abandoning the requested change of status. As such, the beneficiary has failed to maintain his F-1 status. Accordingly, the concurrent request for change of nonimmigrant status is denied."
I am really confused here because I re-entered the US with my F-1 OPT status on Nov. 1 without any issue.
What should I do now in order to get my H-1B visa? Am I still maintaining F-1 status (legally staying in the US) even if it stated that I have failed to??
Great Thanks in advance!!
MT
seeking_GC
05-15 08:01 PM
This is great news- has it already been introduced in the house? What are the next steps?
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Kapils573
09-01 05:19 PM
Hello everybody,
My lawyer mailed me photocopy of I-485 form ,EAD application and AP form
which she filed last month. I saw that my lawyer has enter my old address (Michigen ) by mistake. My current address is in Illinois. The G328 form mentions the Illinois address as my present address. I had already send my AR-11 mentioning my Illinois address as my new address before my I-485 was filed.
My worry is will the finger print notice,EAD, will come to Michigen address or Illinois address
Pls guide what should I do to change the address on 485 to my new address..
Thanks,
Kapil
My lawyer mailed me photocopy of I-485 form ,EAD application and AP form
which she filed last month. I saw that my lawyer has enter my old address (Michigen ) by mistake. My current address is in Illinois. The G328 form mentions the Illinois address as my present address. I had already send my AR-11 mentioning my Illinois address as my new address before my I-485 was filed.
My worry is will the finger print notice,EAD, will come to Michigen address or Illinois address
Pls guide what should I do to change the address on 485 to my new address..
Thanks,
Kapil
more...
QuickGreenCard
10-25 06:06 PM
Hi all,
I have a peculiar situation. I have applied for H1b and got approval notice. But when I went to apply for SSN for employment, the SSN employees could not find the new approved status in their system. Their system only shows my previous US entry status, H4.
They have accepted my application by marking it as SUSPECT in their system, meaning that they forwarded my application to USCIS for verification of my H1B approval status.
They said that it could take anywhere from 1 week to 4 weeks for verification. Does anyone run into this situation??
Please post your experiences.......
Last but not the least:
When I checked my H1B status on USCIS website it still shows that the application has been received and is still pending, eventhough I have the approval notice sent by them....
Do we need to do anything to let them know that the status hasnt been updated in their online system??
Thanks for the help.........
I have a peculiar situation. I have applied for H1b and got approval notice. But when I went to apply for SSN for employment, the SSN employees could not find the new approved status in their system. Their system only shows my previous US entry status, H4.
They have accepted my application by marking it as SUSPECT in their system, meaning that they forwarded my application to USCIS for verification of my H1B approval status.
They said that it could take anywhere from 1 week to 4 weeks for verification. Does anyone run into this situation??
Please post your experiences.......
Last but not the least:
When I checked my H1B status on USCIS website it still shows that the application has been received and is still pending, eventhough I have the approval notice sent by them....
Do we need to do anything to let them know that the status hasnt been updated in their online system??
Thanks for the help.........
amitjoey
07-24 11:49 AM
Hire your own attorney!. That will save you a lot of money and will give you peace of mind.
more...
satishku_2000
06-13 10:58 PM
depends on your PD?
2010 by kevin Bankston,
vjuneja
08-10 11:01 AM
I worked for company A as a full time employee from May 21st,07 to July 11th,08 and then company B filled my H1B transfer on June06th,08 and I joined company B on June 17th, 08 as a full time employee.
So there is a overlap, I mean I worked for company A and Company B as a Full time employee from June 17th,08 - July 11th,08 and got full time salary from both of these companies.
1. So will it be a issue, if companyB or some other company sponsers me a Green card in future?
2. Can I use the experience letter issued by the CompanyA for Green Card purposes? If not then shall I mention to my attorney/Company who will sponser me Green card that I worked for companyA till June 16th,08 and there is no overlap.
Experts Please Advise
So there is a overlap, I mean I worked for company A and Company B as a Full time employee from June 17th,08 - July 11th,08 and got full time salary from both of these companies.
1. So will it be a issue, if companyB or some other company sponsers me a Green card in future?
2. Can I use the experience letter issued by the CompanyA for Green Card purposes? If not then shall I mention to my attorney/Company who will sponser me Green card that I worked for companyA till June 16th,08 and there is no overlap.
Experts Please Advise
more...
vallabhu
08-17 03:23 PM
Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.
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sertasheep
04-03 06:08 PM
ANSWER:
Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).
Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.
In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,
I know this sounds harsh, but thats how it is. Purely my opinion.......
QUESTION:
He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).
Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.
In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,
I know this sounds harsh, but thats how it is. Purely my opinion.......
QUESTION:
He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :
When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?
more...
reddymjm
05-12 09:33 AM
AAA also offers..
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msp1976
02-15 11:46 AM
I might be politically incorrect here....
The fact of life is that in Muslim majority countries there is more scrutiny.....It is unfair...But that is the way it is.....
The fact of life is that in Muslim majority countries there is more scrutiny.....It is unfair...But that is the way it is.....
more...
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uma001
04-14 03:04 PM
I am currently on H1B, and my current company is not willing to sponsor me for GC. I am in my 5th year. I have found another company who has agreed to hire me and start my gc process, however, I am in a fix. This new offer is in CA and I am currently in NJ (+ my family)
I don't want to take this option unless it is absolutely necessary. My spouse, has the I-140 approved and not yet filed I-485. PD is Jan 04, EB3.
What are my options?
How many months left for you in fifth year? You need atleast 6 months to join another company so that they can do all the necessary steps in those 6 mnths before they file PERM. Are you trying to transfer to consultancy or full time employer?
I don't want to take this option unless it is absolutely necessary. My spouse, has the I-140 approved and not yet filed I-485. PD is Jan 04, EB3.
What are my options?
How many months left for you in fifth year? You need atleast 6 months to join another company so that they can do all the necessary steps in those 6 mnths before they file PERM. Are you trying to transfer to consultancy or full time employer?
tattoo Happy birthday Kevin.
gccovet
10-07 01:47 PM
H-1B Certification (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
Thank you very much. I appreciate your help.
GCCovet
Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.
Thank you very much. I appreciate your help.
GCCovet
more...
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pvadduri
01-25 11:17 AM
I am one of the unfortunate few who could not cash in on the July/Aug 2007 opportunity to file I-485 due to my Law Firm's mistake. Here are the details of my case:
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
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vegasbaby
04-23 04:38 AM
Hi, I have an approved I 140 (EB3) and my priority date is Nov 2007. I have a Canadian PR and my employer has agreed to let me work from our Canada Office. My question is, what should I do when/if my priority date becomes current while we are in Canada ? Should we come back to USA on visitors visa and apply for AOS or should be go for Consular Processing ? What are the pros and cons of each approach ?
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
Question is why you want to move to Canada. If you want that your Canadian PR does not get invalidated bcoz you didn't stay 3 yrs out of 5 in Canada, then, I would rather suggest, that you work thru your company (Canadian company) in US. The number of days you spend outside Canada working thru a canadian company in US are counted towards your day of stay in Canada. You can check this info.
To ans your question, you can come to US on visitor visa/business visa whatever visa to file for your I-485 but as far as I know, you cannot stay more than 6 months outside US on AOS. So I would rather do a CP.
There are some differences in AOS & CP. In AOS, you get EAD & AP which is as good as GC. If your case is denied, you can challenge it in US Courts in case of AOS.
In case of CP, the consulate will call you for interview & you have to be there on that specified date & time else its curtains for your case. You cannot challenge their decision.
more...
makeup Happy Birthday Kevin Jonas!
Blog Feeds
12-19 01:00 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
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godbless
01-10 02:22 PM
Guys:
Any news when this would be out and what to expect..??
Good Luck..
May be on Friday. Usually it is on Fridays only.
Any news when this would be out and what to expect..??
Good Luck..
May be on Friday. Usually it is on Fridays only.
hairstyles Happy Birthday Kaitlin!
snathan
09-01 05:25 PM
Gurus,
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
Are you sure they are asking this question...? Technically there is nothing called 'Transfer'. Its always new H1B sponsor and only you will not be counted against the cap as you are already counted. If you have I140 approved, you should get three extension based on that. Ask them what�s the difference between extension and transfer. I guess their knowledge in immigration is Zippo....take care.
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
Are you sure they are asking this question...? Technically there is nothing called 'Transfer'. Its always new H1B sponsor and only you will not be counted against the cap as you are already counted. If you have I140 approved, you should get three extension based on that. Ask them what�s the difference between extension and transfer. I guess their knowledge in immigration is Zippo....take care.
WaitingUnlimited
10-12 03:34 PM
Anymore thoughts?
Thanks
WA
Thanks
WA
ssdtm
05-14 06:10 PM
Lets not generalize it. Everyone is different.
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