bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
wallpaper McCourt family do the
kufloyd
04-02 01:49 PM
I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?
smuggymba
05-12 04:00 PM
I have ben working with employer A on an H1B ( even labor and I-140 approved, PD-April2009) and planning to apply for H1 transfer now through employer B.
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
u can stay with A, no problem.
After the transfer is approved for B, if I change my mind and decide to continue to work with curent employer A, can I do that ?
Thanks,
Kumar
u can stay with A, no problem.
2011 For Frank McCourt: In Memoriam
sunny1000
06-01 07:53 PM
My online 485 status shows "card/document production" for a long time now and I did not get the card yet. I had contacted USCIS several times thru lawyer and never got any reply. My lawyer said that could have been a mistake.
I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.
There was never an explanation about why my online status shows the card/document in production.
In this case, what are my options ? Please help.
Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.
-Unlucky Dude
Online status is error prone and so, it is useless. USCIS is correct in its response that your priority date is almost 2 years away. Even if they had given you a GC by mistake, they would have taken it away after realizing the error.
Your best option may to port from EB3 to EB2, if a job is available and you are qualified.
good luck.
I finally called hte USCIS directly and got the reply from the Phone rep that my 485 is approved and will open a ticket to find out why my card has not arrived. After a week or so I got a letter from USCIS quoting my earlier call and said my PD is Jan'04 and currently the availablity is only for Apr '02 and I have to wait till the PD is current for case.
There was never an explanation about why my online status shows the card/document in production.
In this case, what are my options ? Please help.
Can't explain the kind of emotional and psychological trauma we go thru ever since we saw online status and subsequent messages from USCIS.
-Unlucky Dude
Online status is error prone and so, it is useless. USCIS is correct in its response that your priority date is almost 2 years away. Even if they had given you a GC by mistake, they would have taken it away after realizing the error.
Your best option may to port from EB3 to EB2, if a job is available and you are qualified.
good luck.
more...
ckpas
10-01 12:39 PM
bump
Can anyone please comment ?
Can anyone please comment ?
vikramy
06-10 02:58 PM
Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
Hi Vikram -
Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.
There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
more...
jonty_11
07-24 05:20 PM
I am not sure if Attorney is allowed to sign on place where it says : "APPLICANT"
u may have to give written permission/Notarized for that...
By signing Form G28, u are only authorizing the attorney to represent u in this case...not sign for u.
u may have to give written permission/Notarized for that...
By signing Form G28, u are only authorizing the attorney to represent u in this case...not sign for u.
2010 today watching McCourt in
bfadlia
05-15 03:48 PM
Hi Guys,
I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?
Again, looking at the website might help u more get the whole picture and all the details, than asking a question or two on forums http://www.cic.gc.ca/english/immigrate/index.asp
The cost varies by family size. For a family of 4, in the beginning u'll need 1000-2000 for application fees and to prepare ur documents. one or two years later, you'll need another 1000-2000 for medical exams and landing/visa fees.
If you apply to the federal program, you are allowed to go anywhere except quebec. There is also a provincial program in each province that allows u to immigrate to that province, but then again u can move later..
I am also thinking abt applying for Canada PR?How much would it cost? Is location specific?
Again, looking at the website might help u more get the whole picture and all the details, than asking a question or two on forums http://www.cic.gc.ca/english/immigrate/index.asp
The cost varies by family size. For a family of 4, in the beginning u'll need 1000-2000 for application fees and to prepare ur documents. one or two years later, you'll need another 1000-2000 for medical exams and landing/visa fees.
If you apply to the federal program, you are allowed to go anywhere except quebec. There is also a provincial program in each province that allows u to immigrate to that province, but then again u can move later..
more...
willIWill
10-29 04:43 PM
Economy returns to growth after deep slump | Reuters (http://www.reuters.com/article/GCA-Economy/idUSTRE59S1EF20091029)
BBC NEWS | Business | US economy is growing once again (http://news.bbc.co.uk/2/hi/business/8331497.stm)
The Good and the bad of this news.
Good: More Jobs created if the growth sustains moving forward to 2010. :)
Bad: Lesser Spill Over numbers than is being expected for 2010. ;)
BBC NEWS | Business | US economy is growing once again (http://news.bbc.co.uk/2/hi/business/8331497.stm)
The Good and the bad of this news.
Good: More Jobs created if the growth sustains moving forward to 2010. :)
Bad: Lesser Spill Over numbers than is being expected for 2010. ;)
hair Author Frank McCourt is
ash0210
03-28 02:34 PM
Also, if at all we are supposed to call, at what time? CST/EST?
Core Team please advice.
Core Team please advice.
more...
NikNikon
April 3rd, 2005, 07:45 AM
#1 works best for me as well due to the sharper lines and starlike highlights.
hot Frank McCourt
Blog Feeds
12-05 09:20 PM
Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner�s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
more...
house Jamie and Frank McCourt
tabletpc
03-31 09:35 AM
Again I did not get any response for my query. Looks like members here are more into GC stuff than other issues. Anyway as always, I contacted chennai consualte to learn more about my concern, here comes their reply. I hope this will be helpfull to someone wout their .
Knowledge is waste, if not shared...!!!!
Dear Sir/Madam,
Thank you for your email.
Once you take a confirmed appointment, modifications in terms of adding a new applicant cannot be made. However, you may cancel your existing appointment and then apply together as a family. (The Consulate encourages applicants to schedule appointment together).
Please note that canceling your appointment for a second time would lead to deactivation of your receipt for the next 90 days.
Kindly note that the modifications on Q.No 1 to 14 in DS-156 cannot be made, either you need to cancel the appointment and schedule a new appointment or you could go ahead with your appointment and inform the consular officer of the same wherein the final decision would be that of the consular officer.
You can cancel your appointment only two times. After the second cancellation your HDFC Visa Fee Receipt is deactivated for 90 calendar days. You will not be able to book another appointment until the 90 days have passed.
Thanking you
Regards
VFS Team3
www.vfs-usa.co.in
Knowledge is waste, if not shared...!!!!
Dear Sir/Madam,
Thank you for your email.
Once you take a confirmed appointment, modifications in terms of adding a new applicant cannot be made. However, you may cancel your existing appointment and then apply together as a family. (The Consulate encourages applicants to schedule appointment together).
Please note that canceling your appointment for a second time would lead to deactivation of your receipt for the next 90 days.
Kindly note that the modifications on Q.No 1 to 14 in DS-156 cannot be made, either you need to cancel the appointment and schedule a new appointment or you could go ahead with your appointment and inform the consular officer of the same wherein the final decision would be that of the consular officer.
You can cancel your appointment only two times. After the second cancellation your HDFC Visa Fee Receipt is deactivated for 90 calendar days. You will not be able to book another appointment until the 90 days have passed.
Thanking you
Regards
VFS Team3
www.vfs-usa.co.in
tattoo (L-R) Frank McCourt#39;s wife
kasanski33
05-03 07:15 PM
Thanks guys that helps a lot.
more...
pictures Frank mccourt Jamie
karthkc
03-27 05:27 PM
I am no attorney... but from my knowledge you are OK.
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
There is no official grace period rule on H1B transfers. Having said that, you are fine since the transfer period covers your status with the previous employer as you mentioned.
It is common for people to take a week or two off in between jobs so there is no reason for you to worry.
Cheers!
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
There is no official grace period rule on H1B transfers. Having said that, you are fine since the transfer period covers your status with the previous employer as you mentioned.
It is common for people to take a week or two off in between jobs so there is no reason for you to worry.
Cheers!
dresses Frank McCourt and Jamie
gondalguru
07-19 11:32 PM
Mostly IV and Immigration committee chair women, but how does it matter now.
I think It matters as what worked this time may also work for future issues like SKIL bill, raising GC quota, etc etc.
I think It matters as what worked this time may also work for future issues like SKIL bill, raising GC quota, etc etc.
more...
makeup McCourt Family
newbie2020
04-29 03:48 PM
I came across this one very interesting read on how the Visa cutoff dates are established...
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
girlfriend Tis Author Frank McCourt
neel_gump
07-07 11:14 AM
Form AR-11 asks for the date my stay in the United States will expire. What date should I use? Currently, I am on working on EAD (I-485 pending) and last entered US on AP.
Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:
Note: Sorry for a duplicate thread. I posted my previous one in I-140 section. :confused:
hairstyles Frank McCourt, Whose Irish
vchip
08-24 10:08 AM
Thanks DSLStart and WAIT_FOR_EVER_GC, really appreciate your inputs.
makemygc
07-02 08:56 AM
I guess he went to bed on Thursday and woke up today.
Nil
03-25 09:31 AM
Dude,
AC360 is Andersen Cooper 360
Thanks buddy. i was referring to other programs that have been discussing the same. The point is: The issue is gaining visibility.
AC360 is Andersen Cooper 360
Thanks buddy. i was referring to other programs that have been discussing the same. The point is: The issue is gaining visibility.
