kmdhar
09-19 11:08 AM
You can enter back into USA as long as your visa is valid in your passport(even on the day of expiry) and also you already got the extension, so that should not be a problem for you. But you cannot enter in to US just with your extension approval.
To get stamped in India, you will be able to get Emergency Appt but you have to prove your emergency situation.
To get stamped in India, you will be able to get Emergency Appt but you have to prove your emergency situation.
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chris
08-21 02:49 AM
My case was transfered to Vermont. (Same reason they gave " Speed up processing :mad: ).
USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)
History of events
July 21, 2007: Filed I485 with NSC
Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC
July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"
Aug 14, 2008 : Case Transfered to TSC : No reason given.
Anybody in same boat ?
USCIS is really playing basket ball with my case. I am desperately to know why ? (NSC->TSC->CSC->TSC)
History of events
July 21, 2007: Filed I485 with NSC
Sometime between July , 2007 and Aug , 2007: Case Transferred to TSC
July 21 2008: Case Transferred to CSC : Reason given "To speed up processing"
Aug 14, 2008 : Case Transfered to TSC : No reason given.
Anybody in same boat ?
sunny1000
01-06 05:47 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
Texas Workforce Commission - Unemployment Benefits Services (http://www.twc.state.tx.us/ui/uiclaim.html)
Disclaimer: I don't live in Texas and above link was from a google search. Talk to an attorney to see if it will affect your GC process, before applying.
Texas Workforce Commission - Unemployment Benefits Services (http://www.twc.state.tx.us/ui/uiclaim.html)
Disclaimer: I don't live in Texas and above link was from a google search. Talk to an attorney to see if it will affect your GC process, before applying.
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oaktree
01-12 12:57 PM
Dear Attornies,experts
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
My perm was denied recently because "The wage listed in the SWA job order is less than the wage offered to the foreign worker", It took DOL almost one and half years to determine this after a business necessity audit. I am going to start a new application now. What are my chances for an appeal by providing corrected supporting documents, can I apply a new application while an appeal is in progress..
Can I have multiple PERM applications from multiple employers at the same time, with different position titles?
Is there anyway of taking advantage of the old priority date application that was denied with a new application.
I almost lost 2 years in priority date because of this denial...
Please suggest...
more...
willIWill
10-22 01:09 PM
Singer,
Your case seems peculiar to the ones that is normally discussed in this forum. I would suggest you post your message in the "ask a lawyer" section. You might get a better response from an attorney who practices immigration law.
Hope all works out well for you.
Regards,
WIW
Your case seems peculiar to the ones that is normally discussed in this forum. I would suggest you post your message in the "ask a lawyer" section. You might get a better response from an attorney who practices immigration law.
Hope all works out well for you.
Regards,
WIW
bluekayal
11-02 11:23 AM
Ellen D. Krengel
Practice Limited to Immigration & Nationality Law
3301 El Camino Real, Suite 220
Atherton, CA 94027
phone:650-363-2363
fax: 650-363-2373
email: eKrengel@yahoo.com
Practice Limited to Immigration & Nationality Law
3301 El Camino Real, Suite 220
Atherton, CA 94027
phone:650-363-2363
fax: 650-363-2373
email: eKrengel@yahoo.com
more...
sgX05
02-12 10:32 PM
ohguy,
Did you have any RFEs on your 485 application. If yes did your case status change from RFE to Initial Review after transfer to TSC?
Did you have any RFEs on your 485 application. If yes did your case status change from RFE to Initial Review after transfer to TSC?
2010 The Amory Wars from BOOM!
gccovet
08-22 10:30 AM
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
more...
swaraj
11-11 11:06 AM
desi485, thanks for the tip.
I found this link which mentions that one can apply for a new visa before expiry of current one:
http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11
But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?
I found this link which mentions that one can apply for a new visa before expiry of current one:
http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11
But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?
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Munshi75
09-12 10:19 AM
We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.
Thanks
more...
andy_8214
09-15 07:49 PM
4th thread by Chandu.......do administrators not monitor this?
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desi3933
02-23 11:13 AM
....
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
more...
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ppt.b
09-17 08:27 AM
I will be in DC too with two of my other freinds.
Once again lets make it a big success for all of us.
Once again lets make it a big success for all of us.
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angelfire76
06-04 02:53 PM
A friend of mine who's an account manager with Wipro said that all their H1 extensions have received multiple RFEs, with the standard wording on each RFE (client contract details, no. of people working at that location, immigration status of the people working at that location, demonstrate that the job is a specialty occupation (H1Bs for janitors anybody? ) ), client letter (even if the H1B is for a project starting 2 months down the line with a valid SOW)
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
Looks like the adjudicating officers have a standard template which they issue to all non-product companies as RFE. It's plain harassment that's all foolishly thinking that if we drive the H1Bs out then automatically the companies will be forced to hire locally. What they don't understand is that the companies will offshore even more work, as already being done by hiring one GC guy to co-ordinate the rest of the team in India. :rolleyes:
more...
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sertasheep
10-16 09:06 PM
Link at http://groups.google.com/group/iv-mn-mw?hl=en
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Robert Kumar
03-17 11:19 AM
Any recent experiences please.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
How easy or difficult is it.
Is it any different in Chennai or in Hyd.
I heard different things like some employer memo or something. Is it related to stamping.
If it is, please share your receent stamping experiences.
Is Canada better.,
Thank you
Bobby.
more...
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vikramy
06-05 03:12 PM
Some of the answers i know. I did a H1 transfer in 2004 and travelled to india.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
Yes. Make arrangements for your company to send you these approval notice to India
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
For h1 transfer i think yes. Alway your company responds. You need to just provide the info. confirm with others, i am not completely confident
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
You can travel and your company can send you the approval. I did it in 2004
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
yes, but your visa has to be renewed on new approval. Old approval may not be valid. If you already have a valid visa you don't need a new visa. (This was what i was told that time. Things may have changed) Always better to get a new stamping
Thanks, and keep up all the good work.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
Yes. Make arrangements for your company to send you these approval notice to India
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
For h1 transfer i think yes. Alway your company responds. You need to just provide the info. confirm with others, i am not completely confident
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
You can travel and your company can send you the approval. I did it in 2004
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
yes, but your visa has to be renewed on new approval. Old approval may not be valid. If you already have a valid visa you don't need a new visa. (This was what i was told that time. Things may have changed) Always better to get a new stamping
Thanks, and keep up all the good work.
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lazycis
01-04 01:06 PM
Here is what I usually submit:
1. A formal invtation letter addressed to American consulate.
2. I-485 receipts for me and my spouse.
3. Latest paycheck.
4. An employment letter from my company.
It never failed so far (3 different parents visiting 6 or 7 times), but again, it's just my personal experience.
1. A formal invtation letter addressed to American consulate.
2. I-485 receipts for me and my spouse.
3. Latest paycheck.
4. An employment letter from my company.
It never failed so far (3 different parents visiting 6 or 7 times), but again, it's just my personal experience.
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Jaime
09-06 06:51 PM
Lou Dobbs is criticizing against the STRIVE act and saying that doubling the Employment based immigration will flood the market and will effect the middle class in america.Guys, this is another great reason of why to change your mind and ATTEND THE RALLY! Let's force CNN to put us on their screens and laugh in Lou Dobbs' face! We can at least reply to his lies in a forceful yet peaceful and educated way (something he isn't!)
mhtanim
09-07 05:29 AM
What a joke! Their system does not work so we will have to pay the price!
reddog
06-18 04:28 PM
No one ever has gone to court over a Noncompete agreement issue. No one will.
Most things in Business run on 'the word', and a non-compete is one of them.
Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.
Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?
I still do not know why would you want to work thru a different Vendor?
Is this a Preferred Vendor issue?
I mean, if you are anyways going on an AC21(assuming you are one of us :))
why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.
And finally, if the Non-compete is between the Client and the Vendor, why are you worried?
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
Most things in Business run on 'the word', and a non-compete is one of them.
Now, if the company you are working for has more consultants working for the client, the client should be able to convince your company to let you go without any issues.
Also, there are always some loopholes that are not covered in the non-compete, and it would help to explore along those lines.
Very common idea is if job responsibilities change or if you are moved to a different project via a different vendor..
Also, is the non-compete between the two companies written by a law firm and is of any legal binding? If not, what good is that outside the two businesses?
I still do not know why would you want to work thru a different Vendor?
Is this a Preferred Vendor issue?
I mean, if you are anyways going on an AC21(assuming you are one of us :))
why not push for a direct employment, that would ease the non-compete issue far more then the Vendor move.
And finally, if the Non-compete is between the Client and the Vendor, why are you worried?
someone please explain me how complete agreement works. I am working for the client through the main vendor who has a noncompete agreement with my employer (This is signed by my employer, not me). Now I am planning to leave my employer but the client is interested keeping me in the project through another vendor. Can someone explain me if it is possible?
Since the Noncompete is between my employer and the vendor, how am I responsible since I didn't sign anything? Don't laugh, may be I am ignorant
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