martinvisalaw
09-10 12:52 PM
The withdrawal of the H-1B is not really what decides whether you are out of status. Presumably the former employer withdrew because you no longer work there. In that case, you have been out of status since you came off payroll.
However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.
You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.
However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.
You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.
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fcres
06-29 04:00 PM
I had EAD from Aug 2007 to July 2008 which i never used. Now i would like to get EAD again. Should i file it as renewal or applying for a new one? TIA
dallasdude
03-02 01:38 PM
Lets see what moderators have to say about these threads ... I guess we should be ashamed ourselves to be called "highly skilled" and "educated".
For an outsider , there is no difference between one type of Indian or other . These people need to get a life.
Well said. Some people jsut need to grow up and mature.
For an outsider , there is no difference between one type of Indian or other . These people need to get a life.
Well said. Some people jsut need to grow up and mature.
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Blog Feeds
04-25 08:10 AM
This week, the President held another meeting with pro-immigration advocates where he proclaimed the need for immigration reform. Haven't we heard this time after time from the President? Running against the Republicans on this issue is a no brainer for the President. But what exactly is President Obama doing beyond giving speeches? President Obama had both Houses of Congress in his first two years in office. Did he ever actually propose an immigration reform bill? No, he decided to let Congress sort it out for themselves rather than leading on the issue. And when he lost control of the House...
More... (http://blogs.ilw.com/gregsiskind/2011/04/obama-strategy-talk-about-immigration-but-avoid-actually-doing-anything-about-it.html)
More... (http://blogs.ilw.com/gregsiskind/2011/04/obama-strategy-talk-about-immigration-but-avoid-actually-doing-anything-about-it.html)
more...
OlgaJ
April 3rd, 2005, 06:50 AM
I like the sharp sparkle of the first one.
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apoojo
06-21 10:58 AM
I am not a lawyer but was involved in something similar.
C can take you to court and stop you from being hired by vendor. It will be very difficult for them to push for damages etc. but thye can bring a stop on your hiring.
If C is a small desi consultant the chances are dim he will come after you. But if he is reasonably sized with lawyers within the company, you mgiht get a notice. You can take a chance, but usually the lawyer fees etc might not be worth the effort.
Your other option is to have your vendor buy you out - which means the vendor pays an X amount to C, and that frees you up from any contracts/non-competes.
Good luck!
C can take you to court and stop you from being hired by vendor. It will be very difficult for them to push for damages etc. but thye can bring a stop on your hiring.
If C is a small desi consultant the chances are dim he will come after you. But if he is reasonably sized with lawyers within the company, you mgiht get a notice. You can take a chance, but usually the lawyer fees etc might not be worth the effort.
Your other option is to have your vendor buy you out - which means the vendor pays an X amount to C, and that frees you up from any contracts/non-competes.
Good luck!
more...
chandrajp
07-20 02:18 PM
Can I take up a managerial position even though I am an analyst on the LC/I-140 etc.....??????????
You cannot take a completely different responsibility job. I used AC21. The job has to have same responsiblities and designation can change. Salary can be little higher. I got 485 approved based on this AC21
You cannot take a completely different responsibility job. I used AC21. The job has to have same responsiblities and designation can change. Salary can be little higher. I got 485 approved based on this AC21
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kirupa
05-06 06:14 PM
I liked your first and third one more, but since others liked your second also, I'll add up all three ;)
more...
lost_in_gc_land
02-02 12:57 PM
Got a 221g (pink) from Chennai consulate because I have a Phd in biology. After almost 4 weeks the status on the website was updated to 'submit passport'. I have a couple of questions. If anyone who has gone through a similar situation, can answer, I would very much appreciate it..
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
The bulk of your ordeal is done...that is waiting for the Security clearance...
Security clearance is different from PIMS from what I understand... two different processes...with some luck you might already be cleared for PIMS...I guess you will have to submit your passport and see. Cheers...
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
The bulk of your ordeal is done...that is waiting for the Security clearance...
Security clearance is different from PIMS from what I understand... two different processes...with some luck you might already be cleared for PIMS...I guess you will have to submit your passport and see. Cheers...
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nirajnp
06-02 05:25 PM
Thanks Aranya..
Reg. ques 2 - Let me rephrase it
This is my wife's first H1B which is valid for 3 years ( started in Oct 2005 - Oct 2008). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap (cos her first h1b must have expired in Oct 2008)?
Where can I find the 2005/2006 Memo ?
Reg. ques 2 - Let me rephrase it
This is my wife's first H1B which is valid for 3 years ( started in Oct 2005 - Oct 2008). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap (cos her first h1b must have expired in Oct 2008)?
Where can I find the 2005/2006 Memo ?
more...
waitingnwaiting
11-10 09:50 AM
It does not look good. Has been oral arguments for some time now.
Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)
Is there a time limit to lawsuits?
Update - �国三类职业移民法律信托基金 (http://www.eb3chinese.org/8.html)
Is there a time limit to lawsuits?
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neeidd
03-01 01:27 PM
neeidd,
I had applied for my wife through paper and they did not ask for her fingerprints. I had applied for mine through efiling and they did ask for fingerprints. I was not in town on the day that they had asked me to be at the service center. So I requested a later date. Lo and behold one fine day I got my EAD approved without any fingerprints. Don't ask my how it was approved but that is the case.
Please enter the details of your Green Card application in your profile.
Thanks for the reply. I updated my profile
So which one is faster to get approved? E-filing or Paper based (If you consider yours vs your wife) ?
I had applied for my wife through paper and they did not ask for her fingerprints. I had applied for mine through efiling and they did ask for fingerprints. I was not in town on the day that they had asked me to be at the service center. So I requested a later date. Lo and behold one fine day I got my EAD approved without any fingerprints. Don't ask my how it was approved but that is the case.
Please enter the details of your Green Card application in your profile.
Thanks for the reply. I updated my profile
So which one is faster to get approved? E-filing or Paper based (If you consider yours vs your wife) ?
more...
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chanduv23
09-07 01:52 PM
I sent this to Tri State Chapter - good stuff Jazz
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gchopes
12-15 09:08 AM
Does this suggest that - All folks who entered on advance parole (and got 1 yr stamp on their I-94) but stayed beyond that duration because of a valid H1B / EAD are out of status?
more...
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jim
11-12 01:29 AM
Hi,
Answer 1:
Yes,probably it will be a mistake.Tell your Employer or Attorney to the get the appointment in the local uscis office and sent them the cover letter to uscis saying that we didn't request for I-140 to be withdrawn and we still need that person and want to hire that person in the future.Remember that GC is for your future job.I think so once uscis recieved the cover letter from your employer and attorney you should be fine.Is your I-140 was in process at that time or it was approved earlier.
Answer 2:
You should not be have any problems if some other employer file your labor and GC process.It will not effect anything regarding previous labor.
Answer 1:
Yes,probably it will be a mistake.Tell your Employer or Attorney to the get the appointment in the local uscis office and sent them the cover letter to uscis saying that we didn't request for I-140 to be withdrawn and we still need that person and want to hire that person in the future.Remember that GC is for your future job.I think so once uscis recieved the cover letter from your employer and attorney you should be fine.Is your I-140 was in process at that time or it was approved earlier.
Answer 2:
You should not be have any problems if some other employer file your labor and GC process.It will not effect anything regarding previous labor.
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clif
08-12 12:59 PM
I need some advice in connection with a letter I received from USCIS for an in-person interview. It says that this interview will be video taped. It mentions a list of items to bring to the interview if they are checked, but none of the items in this letter are checked.
The items are:
- This letter, passport, I-94
- Medical exam results, Form I-693
- A current letter of employment
- Evidence of a common residence and shared life
- Other
My priority date is not current. And, my I-140 is approved and it has been more than 6 months since I-485 filing. I changed jobs about 4 months ago and did not transfer my H1B and started working using EAD. My H1B was revoked by my last employer. Also, I did not send a AC21 letter after switching jobs.
Is not sending the AC21 letter the reason for this interview? Also, since none of the items in the letter is checked, what does this mean? Please advise.
The items are:
- This letter, passport, I-94
- Medical exam results, Form I-693
- A current letter of employment
- Evidence of a common residence and shared life
- Other
My priority date is not current. And, my I-140 is approved and it has been more than 6 months since I-485 filing. I changed jobs about 4 months ago and did not transfer my H1B and started working using EAD. My H1B was revoked by my last employer. Also, I did not send a AC21 letter after switching jobs.
Is not sending the AC21 letter the reason for this interview? Also, since none of the items in the letter is checked, what does this mean? Please advise.
more...
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GCDream
07-08 08:20 AM
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
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priyasagiraju
12-27 01:49 PM
I got my receipt number for H1b application and its been more than a week but i still cannot check my status online on USCIS website.
It says case is not found ,even tried calling customer service .
Does it take time to get uploaded online ?
Did anyone else face this problem
I am not getting any information from my employer.
Is there any other way we can find out if USCIS accepted my application.
could some one please help me in this
Thanks
It says case is not found ,even tried calling customer service .
Does it take time to get uploaded online ?
Did anyone else face this problem
I am not getting any information from my employer.
Is there any other way we can find out if USCIS accepted my application.
could some one please help me in this
Thanks
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harrisonaquino
04-30 12:18 AM
Any one who already filed i-485, could please give some answers to the above questions... thanks
docusmle
08-15 10:07 AM
Thank you .
Have you ever came across someone in same situation and got rejected?
Thanks again
Have you ever came across someone in same situation and got rejected?
Thanks again
MrWaitingGC
09-08 07:26 PM
As long as visa is stamped she can enter us on the last date of expiry of visa.
If you get your renewal approved when she is in India send her the approved letter original (courier it) so that she can show to the officers at port of entry and this new date will be entered in I94 expiry. If she dont show it then she will get I94 for only few day depending on officer and you will have to apply for extention again.
Check with attorney that I am correct :)
If you get your renewal approved when she is in India send her the approved letter original (courier it) so that she can show to the officers at port of entry and this new date will be entered in I94 expiry. If she dont show it then she will get I94 for only few day depending on officer and you will have to apply for extention again.
Check with attorney that I am correct :)
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