Thursday, June 23, 2011

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  • gc_check
    02-13 04:34 PM
    Hello All,



    I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.



    I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…

    I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice



    � Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india

    OR

    � Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..



    I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..



    Thanks,

    What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.





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  • masterji
    10-17 10:06 PM
    Can you enter in AP and continue as H1B?





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  • myimmiv
    12-17 02:06 PM
    My wife will be coming back in April 2nd week through Denver. CO POE. Her AP is valid until June 3rd week.

    My question is that is 2 months of AP validity / cushion enough or safe to enter the US.

    Any experiences from forum members about using their AP when there is 2 months or less left in the expiry of the AP document and they entered the US. Did anyone have any bad experience at POE due to near expiry of the AP. Members entered through Denver, CO POE with their experiences would be an added help.

    Also, will she get a 1 year I-94 validity from the date of entry or only until her AP expires?

    Thanks in advance for all your time.





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  • p_aluri
    03-28 07:32 PM
    I agree with you. I am not able to access donor forums.I've contributed in the past. Even I've sent an email through contact us link, still no luck. "Administrator2" gave a good explaination about the Donar status. I am not looking for "Donor" status, all I am looking for is accessing the donor forums.

    I wanted to find out if the past donations made by people like me are good enough to get us donor status. But I have only landed with circuitous answers to this issue.

    Honestly, I couldn't give less tail about the donor status. What I really care about is being up-to-date with what is happening so that I can lend a helping hand in ways I can.

    It seems like maybe some action is going down in the donor forums and ppl like us are left to wonder what is up. I don't think anyone cares to even post updates,albeit delayed, in the open forums about what is happening. It is just making for a really dry experience with IV lately.

    What gives?



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  • immi_enthu
    08-13 10:08 AM
    THanks for the info andy. I will check with my company HR rather than talking to my busy lawyer.


    My employer received the courtesy copy today.:)





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  • Lewwy
    10-28 06:34 PM
    Wehey - I can do all that (- website layouts) and I havent had classes yet :)
    Your car is slightly different.. It has a gradient; where mine was bright purple.
    Can I view a few of your sigs? Or a website you have previously made?



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  • maverick80
    01-30 03:37 AM
    Hi,
    I just started my 5th year on H1-B (EB-2) at a very large software firm. I also have a Masters degree from a good university etc. I was delaying filing my PERM (part stupidity and partly thinking of changing my job). Now, I received information from the company that new PERM applications may be impacted because we had layoffs recently. Although I am not personally aware of anyone with my job title being fired, I am wondering if they will wait for 6 months after the layoffs to actually start filing new applications.
    I am new to this, and this may be a simple question. What usually happens? Do they put off all PERM applications for 6 months after layoffs? Does this mean that companies that have not had layoffs can continue to file PERM applications?
    I ask this because I am thinking that maybe then I should look for a company that has not had layoffs (best of luck to me, right? :) I think there's a couple out there :) ). If I do go down this route, can I start a PERM application immediately or do I have to work at the company for a while before I can do this?

    I am also worried that the PERM could get delayed by 6 months or more because there might be more layoffs. If there are further delays in the time to be approved (more than a year), then I might be cutting it really close as far as my H1-B term goes. Is anyone in a similar situation? Am I at risk here? What happens if PERM filing is in process when H1-B duration comes to an end? Do I just have to leave?

    A lot of these are maybe newbie questions, but I am kind of worried and I would appreciate it if you can contribute answers to whichever questions of mine that you are familiar with.

    Thanks





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  • permfiling
    07-29 11:24 AM
    Iv4gc,
    yes, you will miss the window if dates retrogress but this is the safest approach as if you used company A's GC then u have to work for that company A after getting ur GC. You start applying to Company A for employment in the same job



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  • GCOP
    03-30 02:36 PM
    Sorry to learn your situation and wish you good Luck to pass the exam, next time when you will the chance of re-entry. Hopefully you will get that chance very soon. Also thanks for sharing your story. Once again, Good Luck to you.





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  • msp1976
    02-06 04:19 PM
    My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.

    Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
    - do I need to submit an application for transfer (new I797) for my wife's H4 visa
    - can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.


    Thank you


    I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country...His wife entered too....He is working for company B... This is one experience.......


    If anyone has experience of entry being denied in this situation please post...I would want to know.....


    The USCIS information systems are very antiquated...I donot think the right hand knows what the left hand is doing...In the end all I can say is it is your own risk...Your wife may be able to use the last H4 and get away with it.....



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  • brb2
    04-15 10:13 PM
    The objective here is two prong. The bill allows for US STEM MS/PhDs to work 3 years on a special F1 visa (3 year OPT against current 1 year). They can then "Self-Petition" to adjust status to permanent residence. Now the non US STEM 3 year requirement is to ensure they don't get special preference over US qualified applicants. Additionally, the 3 year working in the US rule most importantly prevents anyone say in India applying for permanent residence based on 3 years work experience say in Bangalore. Thus, this would allow a person 3 years on H1B in STEM to adjust status. However this itself will have a cap for non US STEM due to limited H1B visas. Additionally there is a move to limit the foreign STEM graduates to be working in the field not just qualification as opposed to US graduates. So a STEM from say India would need to be working in the field for 3 years on H1B (or other non-immigrant visa) to be eligible to apply.





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  • ASingh10
    07-26 09:16 AM
    Thank you all for your replies.

    ASingh



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  • cr125rider
    04-16 01:59 AM
    LOL, XBOX Stamp, that was mine, LOL! Its okay, you actually helped with one of mine :D





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  • skarthy
    08-12 05:47 PM
    They sent an biometric appointment on 8/10. Not sure if it was becasue I called them or the address change.
    also it went to the old address. wonder why ? I have to call them and confirm again.

    Also got an email from CRIS saying "additional info needed" not sure if they mean the biometrics or they need something else.

    anyways, just wanted to let you know that its taking time but its comming. saw a lot of people inmy same boat.



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  • Ann Ruben
    06-30 07:38 PM
    RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.


    Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?





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  • Ann Ruben
    06-30 11:44 PM
    In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.



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  • Jimi_Hendrix
    11-17 12:51 AM
    On passing of the nuclear deal. As you all must have read from the immigration voice newsletter, once the nuclear deal is through we will get renewed support from the Indian American caucus on our legal immigration reform needs.

    Once again hearty congratulations to India on crossing the first step of securing civil nuclear technology! Jai hind:)





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  • bijualex29
    07-31 05:51 PM
    Dear All,
    Today, one of my Friend�s I-485 got returned from Mail room due to Filing fee missing.

    He is 100% sure that he attached 325$+70$ filing fee along with application, he has photocopy too to prove his stand.

    He is lucky, that he is re- filing it again, my question is , what happens, if the file get returned due to mail room clerks error . Can we refile again after 17th Aug,2007 ?

    What proof we have to make sure that we filed properly, will USCIS honor our proof ( that is photocopy of all the document we retain ) as a proof that we filed properly.





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  • gc_kaavaali
    06-03 03:46 PM
    please help





    ragz4u
    03-25 01:25 PM
    Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents

    Krishjack,

    Thanks for the suggestions, but

    1) The immigration debate is really hot. Monday is when the action starts. its not something 2 years down the line. Hence, we hope that members keep on updating themselves by visiting the site regularly

    2) We cannot send an email everytime we want to send a webfax because initially we were thinking of sending a new fax every 2 days last week. But on advise of QGA, we decided to send only one fax. If we had gone the route of sending a fax every 2 days, would it be appropriate to send an email every two days? We do not want to associate IV's newsletter with some junkmail that comes everyday!

    Hope this helps





    puzon23
    02-12 11:40 AM
    Yeah, I would have liked to apply a year ago but at that time my employer and I had a different arragnment. Anyway, Hellomms, you are talking about me getting H1B extended but to do all that I have to submit my PERM application first and I really think it will be difficult to even get through the recruitment process at this time. DOL is already talking about watching more carefully and many EB2 cases get audited regardless. Anyway, givien the details I gave in my first post, what would you guys advise, go to Canada and reset the H1B clock or try to force PERM now?

    Please advise! Thanks!