Prashanthi
08-21 01:39 PM
My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
------------------------------
LC and I-140 Approved; EB2 PD 22 Feb 2008
The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.
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Roger Binny
10-02 10:17 PM
bump
Can anyone please comment ?
Yes, yours is back into under normal process.
By the ways, using which URL did you track the progress ?
Can anyone please comment ?
Yes, yours is back into under normal process.
By the ways, using which URL did you track the progress ?
nogc_noproblem
04-03 02:26 PM
There is hope, but is it possible?
"Finally, there is another stop-gap proposalthat would �reclaim� 300,000 unused H-1B visa numbers as well as 250,000 wasted employment based
immigrant visa numbers and make them available in a floating pool as temporary relief. There has been a great deal of speculation that the House leadership may take the SAVE act and bring it to the floor before enough signatures can be collected to force a vote. The idea is that they would add some or all of these other proposals, or even amnesty itself, to the SAVE act to make it unattractive to the original sponsors�thus killing it.
It is doubtful that anything other than amnesty would kill this legislation.
There is a serious risk for the Democrats in forcing their members to vote
down an amnesty bill. That would undoubtedly alienate one of their core
voter constituencies.
If the SAVE bill passes, the likely result is that support for legal immigration reform will increase substantially. A number of members of Congress have said that they support legal immigration reform, but first want to see new enforcement measures put into place"
"Over the past twelve years, the INS/CIS has wasted more than 600,000 EB
quota numbers"
"Finally, there is another stop-gap proposalthat would �reclaim� 300,000 unused H-1B visa numbers as well as 250,000 wasted employment based
immigrant visa numbers and make them available in a floating pool as temporary relief. There has been a great deal of speculation that the House leadership may take the SAVE act and bring it to the floor before enough signatures can be collected to force a vote. The idea is that they would add some or all of these other proposals, or even amnesty itself, to the SAVE act to make it unattractive to the original sponsors�thus killing it.
It is doubtful that anything other than amnesty would kill this legislation.
There is a serious risk for the Democrats in forcing their members to vote
down an amnesty bill. That would undoubtedly alienate one of their core
voter constituencies.
If the SAVE bill passes, the likely result is that support for legal immigration reform will increase substantially. A number of members of Congress have said that they support legal immigration reform, but first want to see new enforcement measures put into place"
"Over the past twelve years, the INS/CIS has wasted more than 600,000 EB
quota numbers"
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morchu
05-07 03:21 PM
Yes. The key is that the entity remains the same. And same EIN is a proof for that. One company can have multiple valid DBAs at the same period of time (just like name aliases).
Still it is better to check with an attorney whether a "successor of interest" petition is needed, especially if the old DBA is invalidated.
Hi, Thanks for replying. Just verifying - is the tax number the same as employer identification number (EIN)?
Still it is better to check with an attorney whether a "successor of interest" petition is needed, especially if the old DBA is invalidated.
Hi, Thanks for replying. Just verifying - is the tax number the same as employer identification number (EIN)?
more...
MTsoul
04-03 01:15 PM
http://www.eboris.com/images/mail.gif support@eboris.com (support@eboris.com)
http://www.eboris.com/interface/icq1.gif 55054820 (http://wwp.icq.com/scripts/contact.dll?msgto=55054820)
http://www.eboris.com/interface/icon_messenger01.gif borisbord@msn.com
http://www.eboris.com/images/phone.gif (805) 984-4166
http://www.eboris.com/images/fax.gif (888) 287-0699
You've got your own 800 numbers! That's so kool!
Okay, this is a bit off topic, but where did you get those? :p:
http://www.eboris.com/interface/icq1.gif 55054820 (http://wwp.icq.com/scripts/contact.dll?msgto=55054820)
http://www.eboris.com/interface/icon_messenger01.gif borisbord@msn.com
http://www.eboris.com/images/phone.gif (805) 984-4166
http://www.eboris.com/images/fax.gif (888) 287-0699
You've got your own 800 numbers! That's so kool!
Okay, this is a bit off topic, but where did you get those? :p:
hotshots
03-17 12:20 PM
My 6 years of H1B expires next month (April 2009). My PERM labor was applied in Feb 2008 and got approved last week. My question is, can I apply for 7th year H1B extension based on the approved PERM (since it was filed more than 365 days ago)? Attorney says there is not enough time to file I-140 and get it approved (even with Premium processing) before my H1 runs out next month.
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved
What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?
Gurus I'd really appreciate your inputs here!!
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved
What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?
Gurus I'd really appreciate your inputs here!!
more...
hibworker
11-24 04:08 PM
What I mentioned above applies to new H1 filing. The person can start working as soon as H1 is approved which can be as quickly as 15 days or less if done under Premium Processing.
People who have been counted against the quota in the last 6 years are exempt from it and can apply for new H1 with different employer without being subjected to the quota again.
People who have been counted against the quota in the last 6 years are exempt from it and can apply for new H1 with different employer without being subjected to the quota again.
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rathodman
04-28 12:54 PM
Hi,
I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:
1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?
I'll really appreciate your response on this.
Thanks,
Manish
I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:
1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?
I'll really appreciate your response on this.
Thanks,
Manish
more...
pscdk
08-05 08:15 PM
Sure can! See the tracker. There is at least one person who filed in Texas and has his/her EAD approval date before the Finger Printing date
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
I also had got my EAD way before my 1st FP - but that was in 2005
Referring to your signature, did you file your spouse 485 after you got green card?
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kamand
01-04 11:41 PM
Hi,
I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.
Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?
Please share your experience on this. Any advice will be greatly appreciated.
Thanks.
I have my Employment based 485 Pending since Aug'2007 (EB-2, priority June'2006, India) and I am currently using EAD for my employment. I am married to a US citizen and have 130 approved on Dec'2008. I want to know what would be my next step.
Can I interfile the pending 485 with the approved 130? or Do I need to file a new 485 and withdraw the pending employment based 485 once I got the new EAD. or Do I need to go for counselor processing?
Please share your experience on this. Any advice will be greatly appreciated.
Thanks.
more...
humsuplou
07-02 05:40 PM
Tnks for the quick response. a couple more questions :D
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
1) Eligibility Status?
2)Please provide information concerning your eligibility status.
Do I need to put anything in there? Or I can just leave it blank?
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i99
09-18 01:46 PM
Please see another attorney (not through your employer) ASAP. Have and individual consultation. I think the best you can do is to help yourself at this point. Hang in there. :(
more...
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chris
10-23 04:48 PM
I also got an LUD, no idea what it means? May be RFE or Approval or nothing.
You may see approval email soon
You may see approval email soon
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askreddy
06-25 11:57 PM
You should receive letter from USCIS saying that your address is changed....
Askr
Askr
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Blog Feeds
07-27 06:00 PM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
A quick review of the list of largest H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)users for FY 2009 shows high tech and Silicon Valley topping the list. The top users of the H-1B program for 2009 included multi-national technology companies headquartered, and with branch offices in Silicon Valley. Wipro tops the list with 1,964 new H-1B visas. Microsoft is second with 1318, but then Intel Corp has a big drop off at 723 H-1B's The list of Silicon Valley companies continues, including Infosys Technologies (440), Qualcomm (320), Cisco (308), Oracle (272), Google (211), Yahoo (183), Apple (168), Nvidia (130), and Hewlett Packard (115). While there is no way to know whether these companies sponsored employees located in Silicon Valley, as opposed to another office location, it is clear that high-tech and Silicon Valley are standouts on the list of H-1B employers.
Those who assume the H-1B is a tool used primarily by IT companies may be surprised to see the number of prestigious universities and medical facilities also nearing the top of the list. H-1B visas are work visas for professional workers who typically require at least a Bachelor's degree for entry into their profession. This includes teachers, professors, doctors, and scientists in addition to engineers.
The first two pages of the list are below:
H-1B Users Fy2009 (http://www.scribd.com/doc/31016678/H-1B-Users-Fy2009)
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/oVC6CVN9PIo
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/oVC6CVN9PIo/silicon-valley-companies-top-l.html)
A quick review of the list of largest H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)users for FY 2009 shows high tech and Silicon Valley topping the list. The top users of the H-1B program for 2009 included multi-national technology companies headquartered, and with branch offices in Silicon Valley. Wipro tops the list with 1,964 new H-1B visas. Microsoft is second with 1318, but then Intel Corp has a big drop off at 723 H-1B's The list of Silicon Valley companies continues, including Infosys Technologies (440), Qualcomm (320), Cisco (308), Oracle (272), Google (211), Yahoo (183), Apple (168), Nvidia (130), and Hewlett Packard (115). While there is no way to know whether these companies sponsored employees located in Silicon Valley, as opposed to another office location, it is clear that high-tech and Silicon Valley are standouts on the list of H-1B employers.
Those who assume the H-1B is a tool used primarily by IT companies may be surprised to see the number of prestigious universities and medical facilities also nearing the top of the list. H-1B visas are work visas for professional workers who typically require at least a Bachelor's degree for entry into their profession. This includes teachers, professors, doctors, and scientists in addition to engineers.
The first two pages of the list are below:
H-1B Users Fy2009 (http://www.scribd.com/doc/31016678/H-1B-Users-Fy2009)
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=oVC6CVN9PI o:YHnjBgrNY1w:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/oVC6CVN9PIo
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/oVC6CVN9PIo/silicon-valley-companies-top-l.html)
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Roger Binny
02-09 03:55 AM
Sorry to hear the situation.
As you know if you can find another job based on H1 then no problem in porting your H1 to a new employer,now being in feb april is 50 days away so hope for best.
In this situation, yes, legal advice is preferred, relying info on the forums is never a right idea when it comes to a situation where stakes are high.
If there is any option of changing to H4 now and switching back to H1 later and pick the GC process where it was left before then that would be an ideal scenario, only an experienced attorney can answer this, hence the legal advice option.
Compared to H4, over stay may cause more trouble for now and later in AOS.
PS: My 2 cents and i'm not an attorney.
As you know if you can find another job based on H1 then no problem in porting your H1 to a new employer,now being in feb april is 50 days away so hope for best.
In this situation, yes, legal advice is preferred, relying info on the forums is never a right idea when it comes to a situation where stakes are high.
If there is any option of changing to H4 now and switching back to H1 later and pick the GC process where it was left before then that would be an ideal scenario, only an experienced attorney can answer this, hence the legal advice option.
Compared to H4, over stay may cause more trouble for now and later in AOS.
PS: My 2 cents and i'm not an attorney.
more...
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longwait4gc
09-28 08:20 PM
I am EB2, Indian. Filed for PERM earlier this summer and waiting for approval which I don't expect for another 4-6 months. The situation is that my company is in a very shaky financial position but they have been very supportive and I am hoping to be okay for the next 6 mo to year. My strategy is (assuming I don't lose my job) to just sit out my I-140 approval and that way I get the 3-yr extension and lock in my PD. I don't see being able to file for I-485 at this job.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
Soo -- 2 questions:
1) Do you think the financial position of the company will affect the I-140 approval? It's a financial services firm and we have had a bunch of layoffs.
2) Assuming I get my I-140 approved, could I, in theory, leave the US for a while (I am very interested in a one-year fellowship program in Europe) and then come back and go work for a new company using the 3-year H1-B extension and begin the green card process again with my current (2009) priority date?
Thanks very much!
For question 2: Answer Yes.
If your company had lay offs there is a good chance you might get audit. If you get an audit the Perm process might take upto 2-3 years. If you dont get an audit perm process could finish in a year. Plan accordingly. All the best.
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Ann Ruben
03-07 07:05 PM
If a lawyer is handling the case, the originals were probably sent to him or her.
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mirchiseth
06-03 08:47 PM
My last EAD and AP were filed at TSC and that is what is specified in e-file application. Now I am getting worried :confused:
Update 1: During the EAD efiling process I made a mistake which might have caused this anomaly. More on this thread (http://immigrationvoice.org/forum/showthread.php?t=19425)
Update 1: During the EAD efiling process I made a mistake which might have caused this anomaly. More on this thread (http://immigrationvoice.org/forum/showthread.php?t=19425)
Dirge
03-15 04:27 PM
i do not see a picture.
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:).
in other news I'm thinking of doing another entry.
http://fc93.deviantart.com/fs44/f/2009/059/8/1/Self_portrait_desktop_by_MelonCat.png
:).
in other news I'm thinking of doing another entry.
srh1
08-18 01:04 PM
I filed H1 in April 2007 for my brother who is in India but no news from immigration whether it was approved or denied. As all of you know this year they did a lottery system when i ask my lawyer he says we just have to wait. Its been 5 months now no news. Can somebody suggest me what to do. Is there any website which tells us the status or any number to call.
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