desi485
02-18 04:06 PM
Niether many has tried this option (entering on AP and filing H1B transfer to different employer other than GC sponsers) nor USCIS has strong history of approving/dealing with these type of cases. After entering in AP, though one can very well contine the H1B with the same employer to whom any one work on H1B before leaving US. There is a memo for this type of situation. However, there is no specific memo to address this situation (Transfer). It is all depends on the individual adjucidator's logic. If they see your latest I-94 with parolee stamp, then they may deny (or issue a RFE )the H1B transfer, by the applying the the logic of one must be in the smae status to seek extension. If the deny/issue RFE, you can not counter act as there is no secific memo or policy by USCIS in this case.
Ramba:
if the transfer/extension of H1B gets rejected after travelled on AP, is it possible to move on EAD and continue working legally? I am talking worst case scenario here.
Although my lawyer confirmed that one can still have a valid H1B status after travelling using AP. My co-worder is still in doubt. Our corporate attorney seems to be clueless for this tricky situation.
Ramba:
if the transfer/extension of H1B gets rejected after travelled on AP, is it possible to move on EAD and continue working legally? I am talking worst case scenario here.
Although my lawyer confirmed that one can still have a valid H1B status after travelling using AP. My co-worder is still in doubt. Our corporate attorney seems to be clueless for this tricky situation.
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priderock
07-12 01:01 PM
I think that is what they will do in order not to look like fools.
the question is, What happens to those july filers whose applications have not been returned yet and who will become current in the next bulletin.
Will USCIS ask them for the new fees.... Will they have to do all paperwork again including medicals.....what a mess!
It will be even interesting for cases that are not returned but will not be current in next bulletin. Your medical reports are valid for one year.
the question is, What happens to those july filers whose applications have not been returned yet and who will become current in the next bulletin.
Will USCIS ask them for the new fees.... Will they have to do all paperwork again including medicals.....what a mess!
It will be even interesting for cases that are not returned but will not be current in next bulletin. Your medical reports are valid for one year.
priderock
05-24 02:20 PM
Does this amendment strictly apply to new H1B filings or will it also impact people with H1B and an approved I-140 but need to extend it due to retrogression?
Regarding the exodus, maybe that is their purpose. Maybe, they have enough
hi-tech workers and they don't need more. I guess we need to watch and wait and accept this as a reality.
They get their way to kick H1 people out. I was wondering what their plans be for kicking GC holders and some who got citizenship out. Bring KKK back ??
The way things are, this does not look like the glorious country I dreamed of.
Last year facing long period of uncertainity I and my wife had made a decision to go back to India after meeting breaking even on our house.
I think most of us wanted to be in US in the first place because we thought that legal systems work here and justice is upheld. If we have to fight with the system anyway, why do it in a foreign land? Better to go home and make that place better .. probably good enough for them to envy.
As of now this country seems to be exactly opposite of what they claim to be.
Justice - not served to us
Freedom & liberty - not if you are on H1
Free economy & globalization - Only if it benefits us
Compassion & Humanitarianism - Only if you are American citizens. We don't care if farmers are comitting suicides in India or starving in Mexico due to our policies & subsidies.
The way I see it American dream is going to turn into American nightmare for many of us.
I think every one is waiting for their proverbial last straw. Is it the one ?? A million dollar question.
Regarding the exodus, maybe that is their purpose. Maybe, they have enough
hi-tech workers and they don't need more. I guess we need to watch and wait and accept this as a reality.
They get their way to kick H1 people out. I was wondering what their plans be for kicking GC holders and some who got citizenship out. Bring KKK back ??
The way things are, this does not look like the glorious country I dreamed of.
Last year facing long period of uncertainity I and my wife had made a decision to go back to India after meeting breaking even on our house.
I think most of us wanted to be in US in the first place because we thought that legal systems work here and justice is upheld. If we have to fight with the system anyway, why do it in a foreign land? Better to go home and make that place better .. probably good enough for them to envy.
As of now this country seems to be exactly opposite of what they claim to be.
Justice - not served to us
Freedom & liberty - not if you are on H1
Free economy & globalization - Only if it benefits us
Compassion & Humanitarianism - Only if you are American citizens. We don't care if farmers are comitting suicides in India or starving in Mexico due to our policies & subsidies.
The way I see it American dream is going to turn into American nightmare for many of us.
I think every one is waiting for their proverbial last straw. Is it the one ?? A million dollar question.
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goodluck
06-13 06:13 PM
Called all the congressmen. I got voicemails but was able to keep a good voicemessage detailing our position.
more...
vin13
03-11 12:19 PM
It reminds me this story every time I visit IV.
Workers working with an export company which use to ship chickens from all over the world to US/Europe, were packing chickens from some Indian port. Each box was having some 50-70 chickens in it .
After loading them in, they were about to cover these boxes with the tops. The leader shouts to workers: " No need to put the tops. They wouldn't go any where "
Surprised with this order, one worker asks the leader 'Why'. The leader says : " These are Indian chickens. IF one tries to escape, other will pull its leg."
Good One :D
We should concentrate on taking actions. I believe taking a small step in action is better than talking big.
Workers working with an export company which use to ship chickens from all over the world to US/Europe, were packing chickens from some Indian port. Each box was having some 50-70 chickens in it .
After loading them in, they were about to cover these boxes with the tops. The leader shouts to workers: " No need to put the tops. They wouldn't go any where "
Surprised with this order, one worker asks the leader 'Why'. The leader says : " These are Indian chickens. IF one tries to escape, other will pull its leg."
Good One :D
We should concentrate on taking actions. I believe taking a small step in action is better than talking big.
gc_on_demand
03-11 03:58 PM
If figures provided to Senator are true and way Govt agencies working right now. I think first they will Put hard rule for Eb2 qualification. So almost they can shut door for Eb2. They may only allow 20k orless Eb2 in a year. For next 2 years no more spill over to Eb3. That way they can make Eb2 complete clear and becasue of tough policies it will remain C forever.
now in 2011 Eb3 will get almost major chunk of spill and it will clear Eb3 in next 2-3 years. Also new Eb2 and Eb3 will be stuck at labor and I 140 stage meanwhile. I am expecting that they may come up with new policy that if person does not have approved I 140 , cannot file I 485.
So People will be stuck at all 3 stages of GC. almost 8-12 months on each stage.This way they can remove almost 80 % backlog. Total will be 4 year to clean 80 % backlog. After 2013 there wll be only 200k pending 485 will be with them. Which is nice for them to approve 140k out of them easily in a year and leave 60k in a given year.
USCIS cannot wait for politician to increase visa number. If something happen meanwhile like CIR or new point based system then its a different story.
now in 2011 Eb3 will get almost major chunk of spill and it will clear Eb3 in next 2-3 years. Also new Eb2 and Eb3 will be stuck at labor and I 140 stage meanwhile. I am expecting that they may come up with new policy that if person does not have approved I 140 , cannot file I 485.
So People will be stuck at all 3 stages of GC. almost 8-12 months on each stage.This way they can remove almost 80 % backlog. Total will be 4 year to clean 80 % backlog. After 2013 there wll be only 200k pending 485 will be with them. Which is nice for them to approve 140k out of them easily in a year and leave 60k in a given year.
USCIS cannot wait for politician to increase visa number. If something happen meanwhile like CIR or new point based system then its a different story.
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ItIsNotFunny
10-08 01:12 PM
Friends,
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".
I did a quick search and did not find answer to this. Apologise if this is a repost.
But a co-worker of mine wants to travel on AP. After coming back, he will join my company (right now he is a contractor) as a perm employee on H1. Is it possible and allowed? Can he transfer H1 after using AP?
Our company attorney confirmed that his H1B will remain valid even after using AP. But she is not sure about transfer. I will post her reply once she gets back to him. But in meantime, if anyone has any idea about this, please share.
Thats correct. Once you use AP, you loose H1 status and your status is "Adjustment of Status".
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h1b_alex
04-05 04:40 PM
@Mayday i may not be able to file a police complaint as i do not know the proceedings and also do not have the time with all the movement thingy happening right now,but i am making my documents solid for DOL, so that he cannot escape, atleast his name gets blacklisted while applying for H1B for the next 5-10 years or best he gets dumped or shut
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sam2006
07-19 06:26 PM
already did my 100$ for this drive
please folks contribute for aman and the core !!!
its OUR turn to do the work
please folks contribute for aman and the core !!!
its OUR turn to do the work
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sc3
08-25 04:33 PM
There is a spillover of 22000 visas from FB to EB starting Sep 01 2008. Does anybody know how this spillover is divided between EB1/EB2/EB3?
Can we expect 28.6% of this spillover in EB3? Just like we get 28.6% of annual quota?
Yes, AFAIK the FB spillover is added to the base quota and then divided between the ranks. At least I hope DoS and USCIS don't mess up with this calculation.
BTW: Where were you able to find this information?
Can we expect 28.6% of this spillover in EB3? Just like we get 28.6% of annual quota?
Yes, AFAIK the FB spillover is added to the base quota and then divided between the ranks. At least I hope DoS and USCIS don't mess up with this calculation.
BTW: Where were you able to find this information?
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anandrajesh
03-26 04:04 PM
how long after the soft LUDs did you get the hard LUD (RFE)?
And what was the RFE for?
I had a soft LUD on 3/19/09.
Nothing has happened since.
Thanks for your time.
Same here. Applied for AP. Got a soft LUD on my I-485 on Mar 25, 2009, got my AP approved on Mar 26, 2009. Does this mean they checked my 485 application prior approving my AP? or are they pre-adjucating my application? Will wait for a week or 2 to see if i receive any RFEs.
My PD is EB-3 I, Mar 2004 and no way closer to being current.
And what was the RFE for?
I had a soft LUD on 3/19/09.
Nothing has happened since.
Thanks for your time.
Same here. Applied for AP. Got a soft LUD on my I-485 on Mar 25, 2009, got my AP approved on Mar 26, 2009. Does this mean they checked my 485 application prior approving my AP? or are they pre-adjucating my application? Will wait for a week or 2 to see if i receive any RFEs.
My PD is EB-3 I, Mar 2004 and no way closer to being current.
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illinois_alum
07-11 08:58 PM
Aghast......:mad: Can this happen? I think they have to return the application filing fees. Has any one else heard about this.
USCIS cannot keep the filing fees if they return your application. They can only keep it if they do accept it and then deny/reject your application.
USCIS cannot keep the filing fees if they return your application. They can only keep it if they do accept it and then deny/reject your application.
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house 2012 Mercedes-Benz ML Class
prince7
09-30 09:51 PM
hi smartboy/wawa,
I have sent a private message to you , could you pls check and respond to it .
BTW, I have checked status of all my previous approvals and found one of them
being reopened for review , that means I have 2 approved h1s being reopened. Lets see
if this is something new development .
I have sent a private message to you , could you pls check and respond to it .
BTW, I have checked status of all my previous approvals and found one of them
being reopened for review , that means I have 2 approved h1s being reopened. Lets see
if this is something new development .
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Immi_Chant
01-31 06:53 PM
Hope to see its as the Most Popular Question # 1 and #2 !!!! (though it will be bit over estimate).:)
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ThinkTwice
07-19 06:29 PM
I will pledge and once decided about how this is going to be done I will pay.
Thanks Husker !
We are getting started out as a new thread towards this administrative costs.
Thanks Husker !
We are getting started out as a new thread towards this administrative costs.
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StuckInTheMuck
04-30 03:29 PM
How can I get the clause removed from my SS card?
You can apply for a replacement SS card with that clause removed (point #7 has the link for this procedure) only after you get the green card.
You can apply for a replacement SS card with that clause removed (point #7 has the link for this procedure) only after you get the green card.
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makeup Tags : 2012 Mercedes-Benz,
Ramba
10-07 03:26 PM
True, but you are forgetting the basic definition of demand. Demand is willingness to buy supported by ability to buy. If you are from any metros in India, think how many of your Non-IT, mainstream friends draw more than Rs. 50,000 per month? How can someone making even Rs. 50,000 a month afford 50 Lakh flat?
If there are 10 people drooling out side Ferrari showroom that does not mean there is demand for 10 Ferrari :)
Cheers
ArkBird
I understand. Even for NRI it is difficut to afford now. The issue is the numbers. How many H1b and L1s come to US from 1990 t0 2008. Very very conservative estimation wil be atleast 2 million. This estimation ignores other NRIs in other country. Apart from this there are many resident IT folks makes 6 digit salary plays the role. If most of them tries to buy, we need to find another India. Indian real estates become a NRI colony,
If there are 10 people drooling out side Ferrari showroom that does not mean there is demand for 10 Ferrari :)
Cheers
ArkBird
I understand. Even for NRI it is difficut to afford now. The issue is the numbers. How many H1b and L1s come to US from 1990 t0 2008. Very very conservative estimation wil be atleast 2 million. This estimation ignores other NRIs in other country. Apart from this there are many resident IT folks makes 6 digit salary plays the role. If most of them tries to buy, we need to find another India. Indian real estates become a NRI colony,
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shana04
04-20 10:28 PM
I'm sure its a routine check as ur prev employer wudn't have notified USCIS that u have left them. Check with a popular attorney like Murthy or Khanna who may have come across such cases.
thank you
thank you
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garybanz
02-11 01:49 PM
Every one keeps talking of "H1 Transfer" there is no such thing... every time someone files a H1 Petition on your behalf it is a new H1 Petition the only thing that changes is the length of the approval period. The period already used in previous H1b employments is deducted.
Now as far as the I94 and AP, as someone said earlier, when you use AP, you are parolled into the US. Similarly when you apply for H1 you get a new I94 along with the approval notice. This resets your status to H1b with I94 validity set to the length of approval period
In that case would it not be better to come in on AP and save some of the 6 years of H1 validity?
Now as far as the I94 and AP, as someone said earlier, when you use AP, you are parolled into the US. Similarly when you apply for H1 you get a new I94 along with the approval notice. This resets your status to H1b with I94 validity set to the length of approval period
In that case would it not be better to come in on AP and save some of the 6 years of H1 validity?
div_bell_2003
10-30 06:31 PM
Hmm , interesting ... I have two EB2 I-140 from the same company as well , one for March 05 (non-RIR->BEC->RIR->approved) and the other for Sep 06 (PERM) and according to my attorney my March 05 PD is applied to my 485.
I was just sitting with both hands together since my dates are not yet current, may be I should call NSC and make sure the correct PD is assigned to my case. So you just call (T/N)SC using POJ method and ask a polite IO about this if you get hold of one ? would an infopass help ?
I was just sitting with both hands together since my dates are not yet current, may be I should call NSC and make sure the correct PD is assigned to my case. So you just call (T/N)SC using POJ method and ask a polite IO about this if you get hold of one ? would an infopass help ?
shishya
06-13 07:18 PM
Shishya, I am in the same exact boat as you are. No information in hand bro. Waiting for someone to shed light on this. Will talk to the attorney tomorrow morning.
Dude, pls do reply in the thread here (or send PM) with *any* info you may get on this one. Will do the same. GL!
Dude, pls do reply in the thread here (or send PM) with *any* info you may get on this one. Will do the same. GL!
