GCNeophyte
07-02 09:51 AM
idli_vada.. we have enough issues with our GC processings... get the hell out here
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singhsa3
09-15 11:56 AM
Thats the whole Idea!
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
There is one more thread driving a similar initiative.
http://immigrationvoice.org/forum/showthread.php?t=21493
Why not get all of these threads and people together working on one target.
hibworker
03-21 11:04 AM
I thought that manager control rule is for L1 visa, where consultant must work only at direct client site.
It is part of new employer - employee relationship memo. One of my friends has been working for 3 yrs at US Company via 2 layers of vendors. He went for stamping at Delhi 2 months ago. During the interview he was told that his visa has been approved - however a week later his passport arrived with visa denied.
It is part of new employer - employee relationship memo. One of my friends has been working for 3 yrs at US Company via 2 layers of vendors. He went for stamping at Delhi 2 months ago. During the interview he was told that his visa has been approved - however a week later his passport arrived with visa denied.
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maine_gc
09-20 04:11 PM
I checked the processing times of TSC and i did not see the times for I140. TSC no longer processing 140 applications?
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quizzer
11-16 01:03 PM
Hi Raj
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
Sunny is right.
The approval came after 27 days of opening the SR.
If ur case is pending more than 30days from the processing time shown on there website ur lawyer or employer can open a service request(SR).they will send u the decision usually within30days from the date of SR.
Quizzer rd is dec2006 EB2. But there site shows they r processing feb2007 case so after 30 days his lawyer opened a SR and got response that what he meant.
Sunny is right.
The approval came after 27 days of opening the SR.
jonty_11
08-01 01:16 PM
looks like she found out that the higher fees were only going to be used to hike the salary of executives at USCIS and not for increasing their efficiency....
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hariswaminathan
11-20 04:06 PM
1) No.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
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h1bnogc
08-28 10:52 PM
When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
sbay2006: Could you please share your experience during secondary inspection? thanks!
I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).
Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.
Have a safe trip..
sbay2006: Could you please share your experience during secondary inspection? thanks!
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gc28262
07-30 12:36 PM
Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.
Not sure why some folks make a big deal about some lawyer getting some advertisement. I don't work or favor any specific lawyer. I am posting some information that could be helpful to the community. If you read through that posting, you will see some smart wordings that could shut out USCIS memo.
Consider it for its content rather than who is writing it. For me IV is the primary forum. All other websites just supplement the information. We should welcome information wherever it comes from if we can benefit from it.
Not sure why some folks make a big deal about some lawyer getting some advertisement. I don't work or favor any specific lawyer. I am posting some information that could be helpful to the community. If you read through that posting, you will see some smart wordings that could shut out USCIS memo.
Consider it for its content rather than who is writing it. For me IV is the primary forum. All other websites just supplement the information. We should welcome information wherever it comes from if we can benefit from it.
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eastindia
05-10 10:31 AM
You nailed it my friend.
I have been thinking of it for years.
It has to be discussed very seriously.
Note: Give me your lawyer email id. I will ask him to charge every question you ask, so he does not have to have any clients except you for his living.
A lot of lawyers do not charge money for every question you ask if you are their client. You can easily email them and ask questions or post on their intranet. It is part of their service that helps them get more business.
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
I have been thinking of it for years.
It has to be discussed very seriously.
Note: Give me your lawyer email id. I will ask him to charge every question you ask, so he does not have to have any clients except you for his living.
A lot of lawyers do not charge money for every question you ask if you are their client. You can easily email them and ask questions or post on their intranet. It is part of their service that helps them get more business.
If your employer is their client, then of course the lawyer may not respond to you. Why should he?
more...
Hong12
02-06 01:58 PM
Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
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uma001
10-23 04:44 PM
Thanks a ton Elaine! Your help is very much appreciated.
You can try filing for COS from H1-H4 through a lawyer while she is in US. Most of the times H4 will be approved.My wife got it.
You can try filing for COS from H1-H4 through a lawyer while she is in US. Most of the times H4 will be approved.My wife got it.
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jgh_res
06-22 11:27 AM
Download trial version of Adobe Acrobat professional, type in the form and save the form. Reopen it and verify whether ur data is there or not.
Before u do that on actual form, save a copy of it and do it.
All the best!!!!
I guess original poster is asking about saving forms after filling it up. You can save the form but the data that you filled up will not be saved. If someone is actually able to save the form along with the data, I'll be interested too to know how.
Before u do that on actual form, save a copy of it and do it.
All the best!!!!
I guess original poster is asking about saving forms after filling it up. You can save the form but the data that you filled up will not be saved. If someone is actually able to save the form along with the data, I'll be interested too to know how.
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GCchakravyuh
07-17 12:53 AM
Thanks to Business week for well presenting the facts...
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leoindiano
03-25 01:55 PM
my and my current visa status
I140 application was approved on may 2008 and the reciept no linxxxxxxxxxxxx
Please remove the number
I140 application was approved on may 2008 and the reciept no linxxxxxxxxxxxx
Please remove the number
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nc14
11-03 04:09 PM
I am a regular contributor.
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reached $525 and doing $25 from last month onwards.
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gc28262
11-05 04:45 PM
If she plans to continue with her current employer after her travel, there is no harm in using AP. Once she comes back on AP, she automatically resumes her H1B status on the next H1B extension filing within US.
If she is OK with going through the hassles of visa stamping, that is fine too.
Please refer to the following murthy bulletin for details.
http://www.murthy.com/mb_pdf/032108_P.html
If she is OK with going through the hassles of visa stamping, that is fine too.
Please refer to the following murthy bulletin for details.
http://www.murthy.com/mb_pdf/032108_P.html
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glus
11-20 06:50 PM
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
Kris,
Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.
Regards,
Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.
- good luck
kris
Kris,
Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.
Regards,
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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
suavesandeep
01-08 02:30 PM
Hi, this is my situation:
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
Having a green card would be your best option. By even asking this has an option, it looks like getting one would be a piece of cake for you.If thats the case good for you :) Many of us here have waited/waiting for 8+ years to get one.
If getting Green card immediately is not an option I would recommend extending your L1/L2. because on basis of your L2 visa you should be able to get/extend your EAD and be eligible to continue to work here.
As others said on H4 visa you cannot or are not supposed to work.
- I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
- In the other hand, I have my own business. I have and EAD (work permit) and SSN.
Questions:
1. Which of the 3 options do you recommend us to get? Why?
2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?
Thanks
Jime
Having a green card would be your best option. By even asking this has an option, it looks like getting one would be a piece of cake for you.If thats the case good for you :) Many of us here have waited/waiting for 8+ years to get one.
If getting Green card immediately is not an option I would recommend extending your L1/L2. because on basis of your L2 visa you should be able to get/extend your EAD and be eligible to continue to work here.
As others said on H4 visa you cannot or are not supposed to work.
USDream2Dust
06-14 09:53 AM
We have excellent scores and me and my wife would be both on mortgage.
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