danonline2110
01-22 02:56 PM
Hello,
I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.
I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)
They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).
I want to be prepared for that scenario with assistance of experts to know where I could go from there.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
I would appreciate any expertise on that matter.
Thanks!
Daniel
I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.
I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)
They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).
I want to be prepared for that scenario with assistance of experts to know where I could go from there.
2 Alternatives as I see:
1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?
2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?
In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?
I would appreciate any expertise on that matter.
Thanks!
Daniel
wallpaper cartoon car wash clip art.
goel_ar
01-17 09:12 AM
Hi All,
My situation finally got resolved. Just wanted to share with everyone --
1. If you don't travel after Oct 1, 2008 & have I-94 with effective date of October Ist 2008 - your status is as per I-94 effective October Ist , 2008. Last Action rule does NOT apply here. We confirmed it with different attorneys, USCIS, Immigration officer, CBP officer. So "texcan" & "astral1977" are wrong in their interpretation.
System should have updated on OCtober Ist, 2008 with H1 status; DHS, USCIS, CBP departments told us that Vermont center didn't do something right in updating the system when issued you H1 notice.
Btw, CBP officer at airport (Department of corrections ) verified that my wife's H4, I-94 (received Sep 10, 2008) is active in system & it should have been de-activated on oct, ist 2008 with h1, I-94.
2. Regarding SSN - We reapplied for SSN & asked SSN office to send the G-845 form manually to DHS. Then after spending 40-50 hours with NSC on phone with multiple calls, we found that there is a phone number , which SSN office can call to check the status of G-845 request with DHS department.
Number is :- 1-888-464-4218.
Normally SSN office should call - but in my wife's case, my wife called herself & after being transferred to 2nd tier, officer was helpful & told that verification has been sent to SSN on Jan 2. Visited SSN office a week after that and got my wife's SSN #.
If you need any more assistance, please feel free to PM me or send me an email to goel_ar@no-spam.yahoo.com.
Thanks,
AG
My situation finally got resolved. Just wanted to share with everyone --
1. If you don't travel after Oct 1, 2008 & have I-94 with effective date of October Ist 2008 - your status is as per I-94 effective October Ist , 2008. Last Action rule does NOT apply here. We confirmed it with different attorneys, USCIS, Immigration officer, CBP officer. So "texcan" & "astral1977" are wrong in their interpretation.
System should have updated on OCtober Ist, 2008 with H1 status; DHS, USCIS, CBP departments told us that Vermont center didn't do something right in updating the system when issued you H1 notice.
Btw, CBP officer at airport (Department of corrections ) verified that my wife's H4, I-94 (received Sep 10, 2008) is active in system & it should have been de-activated on oct, ist 2008 with h1, I-94.
2. Regarding SSN - We reapplied for SSN & asked SSN office to send the G-845 form manually to DHS. Then after spending 40-50 hours with NSC on phone with multiple calls, we found that there is a phone number , which SSN office can call to check the status of G-845 request with DHS department.
Number is :- 1-888-464-4218.
Normally SSN office should call - but in my wife's case, my wife called herself & after being transferred to 2nd tier, officer was helpful & told that verification has been sent to SSN on Jan 2. Visited SSN office a week after that and got my wife's SSN #.
If you need any more assistance, please feel free to PM me or send me an email to goel_ar@no-spam.yahoo.com.
Thanks,
AG
bluekayal
10-23 12:34 PM
comments?
^^^^^^^ bump ^^^^^^^^
^^^^^^^ bump ^^^^^^^^
2011 cartoon car wash sponge.
mast_mastmunda
11-10 04:13 PM
Hi,
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
Thanks for the reply and sorry for creating multiple threads.
- First H1B Employer "A"
-----------------------------
Approved: Oct 2006
Stamped: December 2006
Visa stamp valid till : Oct' 2009
H1B transferred to Employer "B" : June 2007
Traveling to India: November ' 2008
On Dec12, 2007, i saw an update on I-797 from Employer "A" even though
I have moved to Employer "B" by that time.
The Status of I-797 for Employer "A" on USCIS website got changed
to "Cable sent to American Consulate or port of entry notifying them of approval.".
My concern is that whether the above status means that first Employer "A" has revoked the H1B visa?
If yes, doesn't that means that I will NOT be able to use that H1B
visa stamping and *new* I-797 from Employer "B" at port of entry?
Thanks again..look forward to your response
more...
raamskl
07-22 09:43 PM
Read the last paragraph here:
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
Thanks for the link. That clarifies that the new package fee of $1010 encompasses the EAD/AP renewal for the life of 485. If one had used the old fee structure then the new fee for I 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305.
I would think that if you pay $645 (EAD and AP) for the renewal that would also be good for the life of the 485, though the link doesn't explicitly state that. Does anyone have any more info on that?
Thanks.
http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf
Thanks for the link. That clarifies that the new package fee of $1010 encompasses the EAD/AP renewal for the life of 485. If one had used the old fee structure then the new fee for I 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305.
I would think that if you pay $645 (EAD and AP) for the renewal that would also be good for the life of the 485, though the link doesn't explicitly state that. Does anyone have any more info on that?
Thanks.
gcformeornot
12-31 02:22 PM
friends... its not going to affect IV agenda.... no law makers are working these days... we will try hard when they come back...... meanwhile few more clicks will secure your vote.... please do so.........
more...
simple1
05-11 06:49 PM
desi3933,
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
2010 CARTOON CAR WASH - Close-Up
posmd
11-12 11:51 AM
I have looked at your link and to be sure this is an inspiring human being. As are pretty much all of the nominated CNN heros. That said, I want to make a point that I think should make people take pause.
This is firstly an immigration website. It is certainly not a ethnocentric website. IV leadership have gone to extraordinary lengths over the years to emphasize this. Yet people keep posting such requests to give the impression to all that it is Indocentric. It harms the cause.
Finally, if you are asking people to vote because he is the most deserving as CNN hero that would be one thing. If on the other hand as all the evidence suggests you are asking folks to vote because he is Indian, then I am afraid it speaks more to prejudice than anything else.
I am saying this because I hope it makes everyone think about it.
This is firstly an immigration website. It is certainly not a ethnocentric website. IV leadership have gone to extraordinary lengths over the years to emphasize this. Yet people keep posting such requests to give the impression to all that it is Indocentric. It harms the cause.
Finally, if you are asking people to vote because he is the most deserving as CNN hero that would be one thing. If on the other hand as all the evidence suggests you are asking folks to vote because he is Indian, then I am afraid it speaks more to prejudice than anything else.
I am saying this because I hope it makes everyone think about it.
more...
vasired
08-15 03:21 PM
Notice were from Nebraska.Recieved on 8/13 for me and 8/14 for my wife,even though both were posted on same date..good they gave up appointment at same date & same time
hair CARTOON CAR WASH - Wide View
tabletpc
08-27 11:46 AM
I was under a foolish assumption that with pendidng PR for canada i can't appy for visitors visa. Good that i decided to clarify here.
Will start working towards it....
Thank U ALL....
Will start working towards it....
Thank U ALL....
more...
thomachan72
01-13 05:20 AM
Totally agree with the above post. I know many folks who were in your position but did not have to leave. Some found new jobs within a months time others took a bit longer. Your 140 revokation or H1b withdrawal will not be an issue since you move onto EAD or you should transfer your H1b soon. Best.
hot cartoon car wash clip art.
pellucid
04-05 03:31 PM
America embraces foreign-born ballplayers, but not engineers, much to the
dismay of big business, says Fortune's Marc Gunther.
By Marc Gunther, Fortune senior writer
NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
without such foreign-born stars as Albert Pujols, David Ortiz, Justin
Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
mysterious "gyroball."
It wouldn't be as much fun, would it? Fans want to see the most skilled
players compete - immigrants and Americans.
So why is it that people don't want skilled immigrants to compete for jobs
in the multibillion-dollar technology industry?
They view these immigrants as a threat. CNN anchor Lou Dobbs argues
permitting more educated, foreign-born engineers, scientists and teachers
into the country would force many qualified American workers out of the job
market.
That may be true in baseball, where the number of jobs on big league rosters
is fixed. That's not necessarily so in technology, where people with skills
and ambition help expand job opportunities. Immigrants helped start Sun
Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
Charts). Would America be better off if they'd stayed home?
"This is not about filling jobs that would go to Americans," says Robert
Hoffman, an Oracle (Charts) vice president and co-chair of a business
coalition called Compete America, which favors allowing more skilled workers
into the United States. "This is important to create jobs. It's not a zero
sum game."
This week, as it happens, is not just opening week of the baseball season.
It's the week when employers rush to apply for the limited number of visas,
called H-1B visas, that became available on April 1 to allow them to
temporarily hire educated, foreign-born workers. This year, Congress has
allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
students who earn advanced degrees from U.S. universities. After obtaining
guest-worker visas, employees can then seek green cards that allow them to
stay in the United States
FedEx and UPS did a brisk business last weekend because the visas are
awarded on a first-come, first-served basis. The first 65,000 are already
gone. The 20,000 earmarked for graduates of U.S. universities will be
distributed in a month or two, experts say.
This makes it very hard for companies to hire foreign-born graduates of the
U.S.'s top schools. More than half the graduate students in science and
engineering at U.S. universities were born overseas.
"It's sending a signal to the best international students that they may not
want to make their career in the United States," says Stuart Anderson,
executive director of the National Foundation for American Policy, a
research group. (Anderson, an immigration specialist, also wrote a study of
baseball and immigration that's available here as a PDF file.)
Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
the importance of overhauling our high-skilled immigration system....
Unfortunately, our immigration policies are driving away the world's best
and brightest precisely when we need them most."
CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
American workers right out of the job market," he fretted on the air after
Gates testified. "There's something wrong when a man as smart as Bill Gates
advances an elitist agenda, without regard to the impact that he's having on
working men and women in this country."
It's not just Dobbs. Internet bulletin boards and blogs are filled with
complaints about foreign-born engineers. The U.S. branch of the Institute of
Electrical and Electronics Engineers, the leading society of engineers,
brought about 60 engineers to Washington last month to ask for reforms to
the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
designed to crack down on companies that use the guest worker program to
displace Americans from jobs.
As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas.
In a paper for the Economic Policy Institute, Hira says that expanding H-1B
visas without improving controls will "lead to more offshore outsourcing of
jobs, displacement of American technology workers (and) decreased wages and
job opportunities" for Americans. He told me: "Bill Gates talks about how
you are shutting out $100,000-a-year software engineers. But if you look at
the median wage for new H1-B workers, it's closer to $50,000."
Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
said the average salary for Microsoft's H1-B workers is more than $109,000,
and that the company spends another $10,000 to $15,000 per worker applying
for the visas and helping workers apply for green cards. "We only hire
people who we want to have on our team for the long run," he said.
It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
and other members of the Compete America coalition - do not use the guest
worker program to hire cheap labor. They just want to hire the best
engineers, many of whom are foreign born.
So what to do? Everyone seems to agree that the H1-B program needs fixing. (
Even Hira, the critic, says the United States should absorb more high-
skilled immigrants.) Whether Congress can fix it is questionable. The guest-
worker program is tied up in the debate over broader immigration reforms.
But guess what? Just last year, Congress passed the Compete Act of 2006,
which stands (sort of) for "Creating Opportunities for Minor League
Professions, Entertainers and Teams through Legal Entry." Yes, that law made
it easier for baseball teams to get visas for foreign-born minor league
players.
If the government can fix the problem for baseball, surely it can do so for
technology, too.
dismay of big business, says Fortune's Marc Gunther.
By Marc Gunther, Fortune senior writer
NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
without such foreign-born stars as Albert Pujols, David Ortiz, Justin
Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
mysterious "gyroball."
It wouldn't be as much fun, would it? Fans want to see the most skilled
players compete - immigrants and Americans.
So why is it that people don't want skilled immigrants to compete for jobs
in the multibillion-dollar technology industry?
They view these immigrants as a threat. CNN anchor Lou Dobbs argues
permitting more educated, foreign-born engineers, scientists and teachers
into the country would force many qualified American workers out of the job
market.
That may be true in baseball, where the number of jobs on big league rosters
is fixed. That's not necessarily so in technology, where people with skills
and ambition help expand job opportunities. Immigrants helped start Sun
Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
Charts). Would America be better off if they'd stayed home?
"This is not about filling jobs that would go to Americans," says Robert
Hoffman, an Oracle (Charts) vice president and co-chair of a business
coalition called Compete America, which favors allowing more skilled workers
into the United States. "This is important to create jobs. It's not a zero
sum game."
This week, as it happens, is not just opening week of the baseball season.
It's the week when employers rush to apply for the limited number of visas,
called H-1B visas, that became available on April 1 to allow them to
temporarily hire educated, foreign-born workers. This year, Congress has
allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
students who earn advanced degrees from U.S. universities. After obtaining
guest-worker visas, employees can then seek green cards that allow them to
stay in the United States
FedEx and UPS did a brisk business last weekend because the visas are
awarded on a first-come, first-served basis. The first 65,000 are already
gone. The 20,000 earmarked for graduates of U.S. universities will be
distributed in a month or two, experts say.
This makes it very hard for companies to hire foreign-born graduates of the
U.S.'s top schools. More than half the graduate students in science and
engineering at U.S. universities were born overseas.
"It's sending a signal to the best international students that they may not
want to make their career in the United States," says Stuart Anderson,
executive director of the National Foundation for American Policy, a
research group. (Anderson, an immigration specialist, also wrote a study of
baseball and immigration that's available here as a PDF file.)
Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
the importance of overhauling our high-skilled immigration system....
Unfortunately, our immigration policies are driving away the world's best
and brightest precisely when we need them most."
CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
American workers right out of the job market," he fretted on the air after
Gates testified. "There's something wrong when a man as smart as Bill Gates
advances an elitist agenda, without regard to the impact that he's having on
working men and women in this country."
It's not just Dobbs. Internet bulletin boards and blogs are filled with
complaints about foreign-born engineers. The U.S. branch of the Institute of
Electrical and Electronics Engineers, the leading society of engineers,
brought about 60 engineers to Washington last month to ask for reforms to
the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
designed to crack down on companies that use the guest worker program to
displace Americans from jobs.
As it happens, most of the largest users of the H1-B program are not
American companies but foreign firms that want to move jobs out of the
United States. Seven of the 10 firms that requested the most H1-B visas in
2006 were outsourcing firms based in India, which use the visas to train
workers in the United States before they are rotated home, according to Ron
Hira, an engineer who teaches public policy at the Rochester Institute of
Technology. Indian outsourcing firms Wipro and Infosys were the two top
requestors of H1-B visas.
In a paper for the Economic Policy Institute, Hira says that expanding H-1B
visas without improving controls will "lead to more offshore outsourcing of
jobs, displacement of American technology workers (and) decreased wages and
job opportunities" for Americans. He told me: "Bill Gates talks about how
you are shutting out $100,000-a-year software engineers. But if you look at
the median wage for new H1-B workers, it's closer to $50,000."
Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
said the average salary for Microsoft's H1-B workers is more than $109,000,
and that the company spends another $10,000 to $15,000 per worker applying
for the visas and helping workers apply for green cards. "We only hire
people who we want to have on our team for the long run," he said.
It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
and other members of the Compete America coalition - do not use the guest
worker program to hire cheap labor. They just want to hire the best
engineers, many of whom are foreign born.
So what to do? Everyone seems to agree that the H1-B program needs fixing. (
Even Hira, the critic, says the United States should absorb more high-
skilled immigrants.) Whether Congress can fix it is questionable. The guest-
worker program is tied up in the debate over broader immigration reforms.
But guess what? Just last year, Congress passed the Compete Act of 2006,
which stands (sort of) for "Creating Opportunities for Minor League
Professions, Entertainers and Teams through Legal Entry." Yes, that law made
it easier for baseball teams to get visas for foreign-born minor league
players.
If the government can fix the problem for baseball, surely it can do so for
technology, too.
more...
house Car Wash cartoon 6 - search ID
nramesh30
08-02 02:04 PM
Hello All,
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
As it is very urgent , i kindly request anyone to reply with a detailed or on which clause is it possible to enter usa in this situation.
"My brother entered into the U.S around 2004 with
valid H1B stamping for company A. He was there only
for few months . He didnt work on any project
and he doesnt have any pay stubs. Before he left the
US, company B filed for his H1B visa . After filing
H1B he went back to india and later accepted
a different position in singapore . H1B for company B
was approved successfully after few months.
Its been nearly almost 2 years since that happened .
H1B for company B is valid till sep 2007
Now company C filed for his H1 just few weeks before
and it was approved successfully. He wants
to travel to U.S now and start working for company C .
He went to singapore U.S consulate for H1B visa
stamping for company B. Unfortunately it was rejected.
221(g) . Reason officer gave him was " u
need to have 13 years experience to take up this job".
My brother tried to explain to them . But they wouldnt
listen. Also they retained all the H1B documents
related to comapny B.Also they have put an entry in
his passport saying 221(g) and the date.
Company C is still asking him to travel to U.S , since
he has a valid visa stamping with company A until Aug
26 2006. My brother has valid H1B petition thru
company C which is valid till june 2009.
1)Is it safe and legal to travel with Visa stamping till august 2006 from company A , with 221 (g) stamped in his passport (when he went for
visa for company B), with proper H1B documents valid till 2009 from company
C?
2)Will there be questions at the port of entry ?
3)Will there be any issues because of the 221(g)
stamping in the passport (company B visa)?
4)Any chance he wont be let inside U.S ?
5)Can he show them the h1b approvals for company C ?
6)Any tips to handle the officer at POE?
7)If every thing goes smooth, will his new I-94 be
valid till june 2009 (date on his company C petition)
or just another 4 weeks (company A petition)?
8)If by any chance if he is deported, will it affect
his future prospects in the U.S?
Any little help is also appreciated.
I need answer mainly for question 1 and 8
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snathan
02-17 09:06 PM
Do I need recent salary slips for transfer ?
Yes you need.
Yes you need.
more...
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amulchandra
05-11 10:41 AM
Hi all,
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
Thank you very much. We finally succeeded but got appointments on different dates. The mistake we made was we tried to choose the option - group appointment for co-workers/family members. But when we called VFS customer support they told us that we cannot get a group appointment because we have 2 H1bs and 2 H4s. It seems that group appointment is possible only when all in the group are either H1bs or one is h1b and rest all are H4s.
We wasted a lot of time trying to get a family appointment. But the funny thing is that it allowed us both H1bs to enter separate petition details for the same appointment but did not allow us to get the dates.
Hope this helps others who are trying to get group h1b and h4 appointments.
Thank you once again
Amul
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zzsbzz
07-14 02:30 PM
FWIW, a big technology company's lawyer are sending almost 1100 applications.
Yes. I'm not sure if you're talking about the same big technology company but one decided to go ahead with filing applications for all it's eligible employees on Thursday.
Yes. I'm not sure if you're talking about the same big technology company but one decided to go ahead with filing applications for all it's eligible employees on Thursday.
more...
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sertasheep
03-25 11:18 AM
<EDIT>
added hyperlink to Enquiro Report
</EDIT>
Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.
I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.
**********************
Dear Mr. Rajaghatta, and Editor,
I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".
The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.
The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.
I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.
Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.
I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.
May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)
Best Regards
************
"Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?
added hyperlink to Enquiro Report
</EDIT>
Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.
I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.
**********************
Dear Mr. Rajaghatta, and Editor,
I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".
The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.
The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.
I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.
Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.
I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.
May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)
Best Regards
************
"Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?
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Nagireddi
03-03 11:28 AM
adjusted Gross Income:)
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rajunpatil
08-30 05:02 PM
--------------------------------------------------------------------------------
I am in severe trouble, my employer said he would terminate my h1b and GC.
I have I140 Approval copy with me
My I485 was filed on July 2nd 2007
My priority date is June 2004
I have not yet received any receipts for I485
My checks are not cashed.
My H1B is valid until Nov 2007
I am drop dead, what should I do now.
I am looking for
option1: a new employer to transfer my h1B
option2: I was doing my MS, so chnage status to F1.
But what will happen to my GC, Priority dates , I140
Please, tell me what is my best option to continue staying in US.
I am in severe trouble, my employer said he would terminate my h1b and GC.
I have I140 Approval copy with me
My I485 was filed on July 2nd 2007
My priority date is June 2004
I have not yet received any receipts for I485
My checks are not cashed.
My H1B is valid until Nov 2007
I am drop dead, what should I do now.
I am looking for
option1: a new employer to transfer my h1B
option2: I was doing my MS, so chnage status to F1.
But what will happen to my GC, Priority dates , I140
Please, tell me what is my best option to continue staying in US.
knowDOL
08-23 09:44 AM
I think you can port your PD, even if the employer revokes I-140 and uses the underlying labor to someone else. Even then you retain your PD. Just wanted to correct.
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
See this Q&A from Mathew Oh:
# Q8(07-30-06): I and my wife are Indins. I am a software engineer and my wife is a M.D. I started a EB-3 labor certification through an Indian IT consulting company in Texas on March 2, 2001. Both of us are in H-1B status. We filed concurrent I-140 petition and I-485 application. in April 2005. However, the employer was angry at me for my intent to work with another employer and withdrew my approved I-140 petition. Based on the withdrawal, the Texas Service Center revoked my I-140 and denied our pending I-485 applications. My MD wife started a EB-2 labor certification in September 2005 which was approved in November 2005. I am still within H-1B six year limit and my wife also maintains her own H-1B. EB-2 visa number has been retrogressed from October 2005 and from day after tomorrow, EB-2 number will be completely unavailable. We are so frustrated. We have two children born in the U.S. Her medical practice has been working well and she is really looking foward to her medical career in the U.S. I understand that the priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved. I do not see why my wife can not use this priority date of March 2, 2001 and we file I-485 applications again. What do you think, sir?
A. It is true that a priority date is locked and backpacked by the alien beneficiary once I-140 petition is approved unless the approved I-140 petition is revoked for fraud, revoked by invalidation of the underlying labor certification application or revoked by the Department of State for failure to apply for the immigrant visa within one year from the notice of immigrant visa application by the agency. Otherwise, the alien carries the prioriy date for life in his backpack. Accordingly, the priority date is controlled by the employer until the I-140 petition is approved, but once the I-140 petition is approved, the employer loses control over the priority date and the alien keeps the priority date. Accordingly, if you start a PERM application now and quickly obtain a EB-3 I-140 petition based on the approved PERM, you may be able to file I-485 applications again soon as the USCIS is poised to launch the Premium Processing Services of EB-3 I-140 petitions next month. However, the priority date is not transferrable to your MD spouse and you cannot file I-485 application as a derivative beneficiary of your wife's EB-2 petition based on your priority date. The PERM labor certification nowadays takes a little bit longer, but it is do-able in a fairly limited period of time. Unfortunately, in your case, you cannot extend H-1B beyond six years as one-year increment extension is not available because your I-485 denial became "final." Once denial of labor certification or I-140 or I-485 becomes final, your cannot apply for the H-1B extension beyond six year limit in one-year increment. You cannot apply for H-1B extension in three-year increment because your I-140 petition has been revoked and there is no longer adjustment of status proceeding pending for you and your family. Besides, the Indian EB-3 visa number is availalbe and when you are not suffering from the visa retrogression, you cannot apply for the three-year increment H-1B petition using the AC-21 Act. It appears that your new employer should run fast to develop and file a PERM application. For your purpose, you do not have to be bothered by the issue of EB-2 or EB-3 as the visa number is available for your EB-3 India. Good luck.
The PD shows up on the approval notice of I140. I don't know if it shows up on the 485 as I haven't seen one and won't see one for years. But it makes sense to have the PD on the I140 as once the I140 is approved you can port that PD (if employer does not revoke it)
logiclife
02-01 06:40 PM
It doesnt matter who the President is, on issues of legal skilled immigration.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
Immigration reform, like any other big reform, needs changes in laws, which needs initiations and actions from CONGRESS.
In Congress, we have a presistent problem of a filibustering senate.
What we need in 2008 elections is the kind of senators who oppose us to lose elections and pro-immigration senators to win elections. Not only that, if one party gets over 55-57 senators, then filibuster threat is mitigated severly, because its easy to find 3-4 senators from minority party to break ranks and vote FOR a particular bill or amendment.
So what you need is a heavily tilted senate that has over 55 senators of just one party so that they can overcome filibuster and legislate big fixes for a change rather than naming post-offices and passing budgets.
The senate has 100 seats, with each senator facing election every 6 years. So each election cycle (every 2 years) there are one third of senators facing re-election.
This time, there are 34 senators facing re-election. Out of this 22 are Republicans and 12 are Democrats. Republicans have more seats to defend then Democrats. Plus about 4-5 Republicans are retiring so its easier to pick up those seats for Democrats than to beat a sitting senator.
If a Democratic tide takes place, then senate could tilt heavily Democratic in 2008 and would take care of filibuster issue where each measure needs 60 votes to pass. Nonetheless, you have to remember that Democrats or Republicans are easily divided when legislating immigration and it has a way of dividing parties like no other. Last year, Immigration CIR bill faced opposition from both sides - Republican and Democratic.
THIS IS NOT AN ENDORSEMENT OR SUPPORT OF ANY KIND FOR ANY PARTY OR CANDIDATE. IV is NEUTRAL AND IT ALWAYS HAS BEEN.
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