Alabaman
11-04 08:45 PM
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?
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morchu
07-31 04:28 PM
One thing is that lawyers are really busy till August 17th.
One good reason for this policy is the misuse or over-utilization of lawyer contact previlege. I believe there might be guys who contact lawyers for no reason, and just annoy them. If there are so many such guys in your company, may be all they are trying to avoid is this misuse.
On the other hand Lawyer is representing you and the employer at the same time. So you are entitled to contact lawyer directly. It is just that, if there had been misuse from other employees, there is a possibility that you might not have enough credability, and they may not return your call.
There is no harm in trying to send an email to you HR and ask them to get an answer from lawfirm for any valid query.
But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
One good reason for this policy is the misuse or over-utilization of lawyer contact previlege. I believe there might be guys who contact lawyers for no reason, and just annoy them. If there are so many such guys in your company, may be all they are trying to avoid is this misuse.
On the other hand Lawyer is representing you and the employer at the same time. So you are entitled to contact lawyer directly. It is just that, if there had been misuse from other employees, there is a possibility that you might not have enough credability, and they may not return your call.
There is no harm in trying to send an email to you HR and ask them to get an answer from lawfirm for any valid query.
But, the problem is, they dont allow us to have a direct correspondence with lawyer. They are saying that its their company policy.
I'm really worried right now. Can I still call our lawyer? Sorry guys.
veni001
11-04 07:25 PM
Hi Experts,
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o
Need inputs on following scenarios.
I have approved I-140 with Company A. I am on H1 currently, 7th year. My extension is due on April 2011.
Scenario 1: If H1 extension gets denied, can I move to H4 (my wife is on h1) and then search for a job and convert from H4 to H1 using approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 2: If I move to Company B, and do not start GC there, after 3 years, can I get 3 years extension based on approved I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Scenario 3: If I move to Company B, after some time, can I move to company C using I-140 from company A?
Ans: Only if approved I-140 is not revoked by sponsoring employer.
Given the uncertainty of h1 approvals these days, please suggest favorable scenarios in the cases above.
Thanks
The way current administration scrutinizing immigrant/non-immigrant case i doubt any employer dare not to revoke I-140 once employee leaves:o
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tabletpc
11-18 04:57 PM
It�s been long since I got head ache..but today I had every reason to get.
I tried taking an appointment for h1B for December. Here is my experience�
1. After entering the receipt details it took me to available dates calendar. In this screen there was no option to pick an specific date for appointment. This screen was same as the screen we get when we check for available date without entering receipt number.
2. I pressed �Continue� and it later took me to DS156.
3. Filled the form and it took me to screen which displayed my name against a check box with 3 option. The screen says..�select the form to edit/complete..� 3 options I can see are DS156,DS157 and petition details. No matter how many times I edit the information I can�t get the choice to pick the appointment date. Basically I have filled up the form without knowing the appointment date.
4. If I try to download the appointment letter it says..�You cannot download until you specify courier address��.
Has anyone experience similar problem�?? Any work around�.??
Any help is greatly appreciated�thanks in advance�
I tried taking an appointment for h1B for December. Here is my experience�
1. After entering the receipt details it took me to available dates calendar. In this screen there was no option to pick an specific date for appointment. This screen was same as the screen we get when we check for available date without entering receipt number.
2. I pressed �Continue� and it later took me to DS156.
3. Filled the form and it took me to screen which displayed my name against a check box with 3 option. The screen says..�select the form to edit/complete..� 3 options I can see are DS156,DS157 and petition details. No matter how many times I edit the information I can�t get the choice to pick the appointment date. Basically I have filled up the form without knowing the appointment date.
4. If I try to download the appointment letter it says..�You cannot download until you specify courier address��.
Has anyone experience similar problem�?? Any work around�.??
Any help is greatly appreciated�thanks in advance�
more...
miguy
06-29 10:45 AM
Is this really true? I have a job that requires me to move every few months....I was hoping to use a friend's address as he is permanently based at one location. Will this be a problem?
mirchiseth
05-29 08:51 AM
When our original APs arrived last year in October they had a expiration date of September 28, 2008. But then we traveled to India and came back on AP. Now stamped AP says
Paroled until 02 Jan 2009
My question is which expiration date should use for renewal purposes and apply the 120 day rule.
Please let me know.
Paroled until 02 Jan 2009
My question is which expiration date should use for renewal purposes and apply the 120 day rule.
Please let me know.
more...
seahawks
07-25 02:01 AM
I'm a new comer... I would like to contribute if I could...but what's IV?
sorry that I was away the past weekend, thus the late reply
IV stands for immigrationvoice.org a forum where we are all writing, sharing our thoughts and helping in whatever ways we can on helping the confused often lengthy process of getting an employment based green card. Check out the home page and you will get all the information on all the wonderful founders, core members, volunteers and ofcourse all the members in whatever way are trying to help raise awareness on the employment immigration problems that we face and to see if we can get the honorable members of the house and senate understand our pain and bring some bill that will make us see light at the end of the legal line of aliens forever waiting for Green Card:)
sorry that I was away the past weekend, thus the late reply
IV stands for immigrationvoice.org a forum where we are all writing, sharing our thoughts and helping in whatever ways we can on helping the confused often lengthy process of getting an employment based green card. Check out the home page and you will get all the information on all the wonderful founders, core members, volunteers and ofcourse all the members in whatever way are trying to help raise awareness on the employment immigration problems that we face and to see if we can get the honorable members of the house and senate understand our pain and bring some bill that will make us see light at the end of the legal line of aliens forever waiting for Green Card:)
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wa_Saiprasad
01-24 12:41 PM
Maybe your lawyer should jump into the well or go back to school ;)
I guess you lawer should go to school again.
I guess you lawer should go to school again.
more...
Appu
11-15 11:32 AM
Anyone in Nashville? What can I do from Nashville?
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hebron
10-11 06:56 PM
That�s what exactly I am trying to find here. Since I am not USC or GC, would they take my complain seriously and I want to remain anonymous. Is it possible?
Yes, They will take you seriously. Just complain to DOL.
Yes, They will take you seriously. Just complain to DOL.
more...
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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beautifulMind
02-23 04:41 PM
I successfully ported from EB3 to EB2 in the same company while on EAD
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)
The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...
I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....
Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...
Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....
more...
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kumar1
11-24 02:11 PM
There is always a calculated risk in extending I-94. No one can predict the outcome of this process. Personally, I would not do it.
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Cataphract
05-25 09:25 AM
Sorry, I read the one in Washington post and I DONT think it is against us.
Did you think it was for us then?
Did you think it was for us then?
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gparr
June 25th, 2006, 03:50 PM
(No, I don't streak, it's from the fluid. Oh, I guess y'all figured that out. :) )
Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?
Show of hands. How many would pay to see Fred streak while pushing his baby buggy full of gear?
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JunRN
12-17 06:22 PM
No, it's not but you will get in trouble if you don't.
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smartboy75
08-14 11:56 AM
Hi All
Just wanted to share my exp as I had been to Biometric appointment yesterday.
I had an appointment @ 9:00 AM and my wife had it @ 12:00 PM...I reached at 8:15 AM and requested the staff if my wife could get her biometric done with me instead of waiting till 12:00 ...she refused....inspite of having only a handful of people she said she will only take her by 12:00 PM.....
I had my biometric done in 1 min...they took the application, asked me to confirm my name , took index finger print , took a snap and I was done....same thing for my wife....total time for both biometric 2 mins...wait 3 hrs....
Also intrestingly my wife had received an RFE for her EAD renewal.....guess what the RFE would be ???? I could not believe when I received the letter....the RFE letter was mailed on Aug 8th ..I received it in AUg 12th...it said that USCIS has not yet received my wife's biometric information and hence her case has been put in hold......the second page said pls provide the date of bimoetric appointment, ASC code , QA Review by -------- on ----------- and confirmation number if any....
Luckily for me our Appt was on Aug 13th...so I took the letter with me and showed it to the lady at the centre and she filled it out....but had a received the letter a day later...I had no clue what the heck to fill in QA review by ------ on -------- section....
What is more ridculuos is USCIS sends in the letter that they can see that biometric has not been done and hence they put my wife's case on hold.....they can very well see that the appointment is on Aug 13...so why send a letter to me asking when the Appointment is ????
What a waste of time and money....and the bigger implication is people who r working on EAD and who desparately need the EAD renewed in time have to unnecessarily go thorough the agony of having their application put in hold till the response is sent..when time is so crutial. If this unnecessary delay causes the EAD renewal to take more that 90 days, it is again the risk of loosing employment or salary for the applicant....
Anyways, I have filled out and mailed the respose to RFE today and hopefully they should process the application now...
Thought I should share my exp for all those who may receive same letters in the future......Hope this helps....
Just wanted to share my exp as I had been to Biometric appointment yesterday.
I had an appointment @ 9:00 AM and my wife had it @ 12:00 PM...I reached at 8:15 AM and requested the staff if my wife could get her biometric done with me instead of waiting till 12:00 ...she refused....inspite of having only a handful of people she said she will only take her by 12:00 PM.....
I had my biometric done in 1 min...they took the application, asked me to confirm my name , took index finger print , took a snap and I was done....same thing for my wife....total time for both biometric 2 mins...wait 3 hrs....
Also intrestingly my wife had received an RFE for her EAD renewal.....guess what the RFE would be ???? I could not believe when I received the letter....the RFE letter was mailed on Aug 8th ..I received it in AUg 12th...it said that USCIS has not yet received my wife's biometric information and hence her case has been put in hold......the second page said pls provide the date of bimoetric appointment, ASC code , QA Review by -------- on ----------- and confirmation number if any....
Luckily for me our Appt was on Aug 13th...so I took the letter with me and showed it to the lady at the centre and she filled it out....but had a received the letter a day later...I had no clue what the heck to fill in QA review by ------ on -------- section....
What is more ridculuos is USCIS sends in the letter that they can see that biometric has not been done and hence they put my wife's case on hold.....they can very well see that the appointment is on Aug 13...so why send a letter to me asking when the Appointment is ????
What a waste of time and money....and the bigger implication is people who r working on EAD and who desparately need the EAD renewed in time have to unnecessarily go thorough the agony of having their application put in hold till the response is sent..when time is so crutial. If this unnecessary delay causes the EAD renewal to take more that 90 days, it is again the risk of loosing employment or salary for the applicant....
Anyways, I have filled out and mailed the respose to RFE today and hopefully they should process the application now...
Thought I should share my exp for all those who may receive same letters in the future......Hope this helps....
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sunnymit
02-17 03:54 PM
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
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pappu
04-10 11:55 AM
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
kumar1
03-20 03:50 PM
What about all H1-B, L-1, J-1, K-1....all potential EB immigrant, pick a date and do not spend anything on that day. That will hurt this economy and get some attention. Please do not tell me that people on H1 and L1 do not make and spend enough money.
boreal
06-07 01:40 AM
I will keep you posted.
I am not really sure about the chances of such bills passing. Having an upper limit of 20k per year, similar to the quota for Master's in H1-B, might have relatively better chances of passing. Otherwise, all the anti-immigrant nuts from alipac and numbersusa will derail everything even before anything hits the discussion level...
btw, i read that the alipac founder was called lots of names in a NC newspaper...(details on their web-site)..that sounded like sweet nectar to me...he deserves all of it and more....the way he and all his honchos in their forum ban and bully everyone (not just illegal, but legal would-be immigrants)...just desserts!!!
I am not really sure about the chances of such bills passing. Having an upper limit of 20k per year, similar to the quota for Master's in H1-B, might have relatively better chances of passing. Otherwise, all the anti-immigrant nuts from alipac and numbersusa will derail everything even before anything hits the discussion level...
btw, i read that the alipac founder was called lots of names in a NC newspaper...(details on their web-site)..that sounded like sweet nectar to me...he deserves all of it and more....the way he and all his honchos in their forum ban and bully everyone (not just illegal, but legal would-be immigrants)...just desserts!!!
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