extofu
03-07 11:06 AM
You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
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crazyghoda
04-29 10:27 AM
Filing the application to port as seperate after the 140 is approved assures the attorney & the employer of of 2 things:
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
1. The attorney gets more money for filing a seperate application.
2. The employer gets to keep you tied down longer since its likely that the USCIS wont know what to do when a seperate application is filed just to port the date. Its not a documented procedure (that I am aware of) in that you have to file Form I-xxx or whatever.
Best to port the PD at the time of filing the 140.
Disclaimer: I am EB3 and I havent tried porting my date to EB2. Just using my basic common sense.
meridiani.planum
10-07 05:32 PM
My H1B expire on 9/30 as well as my I-94 also expires 9/30. Some how I miss my H1B extenction. I have EAD that is valid until next year mid. I am working right now what is my current status? Is they any way still i can extend my H1B.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
had asked my lawyer this question a while ago. his answers were:
- its still possible to extend H1.
- depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.
My employer is saying there is no way to extend H1B after crossing the last date. You have to work on EAD.
But my question my I94 is expired on 9/30 then what is my current staus.
thanks in advance.
had asked my lawyer this question a while ago. his answers were:
- its still possible to extend H1.
- depending on your luck eithe ryou get an I94 attached with H1 extension in which case all is cool, you are back on H1. Or, you would need to travel across the border and come back, to "Activate" the H1.
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ftbakhru
10-21 10:58 AM
Vikram:
How long did it take for your AP approval and which srevice center? Thanks!
How long did it take for your AP approval and which srevice center? Thanks!
more...
kumar1
11-24 12:57 PM
IO would not give I-94 for more than 6 months (180 days). The moment your parents cross 185 days of stay in the US, you can claim them as your dependents for tax purposes. They do not want that to happen. Are you thinking in those terms?
Gurus, can you please let me know your opinion on the below item? thanks a lot.
I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?
Gurus, can you please let me know your opinion on the below item? thanks a lot.
I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?
nomi
04-20 09:33 AM
Does any one have any input or suggestion?
Why don`t you ask your Attorney about it since you are paying him and that`s his job to tell what documents he needs. ASK HIM.
Why don`t you ask your Attorney about it since you are paying him and that`s his job to tell what documents he needs. ASK HIM.
more...
coopheal
11-18 06:49 PM
Amazing progress NSC from July 04 - > July 05 :D
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
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GoneSouth
07-18 04:49 PM
Thanks ! But ... I had found a single pdf of the field manual at one point ... anyone got a link to that ?
more...
joydiptac
02-08 05:23 PM
So which is better, LOA or termination of job? Hard choice..
LOA till you get a job. LOA will maintain your H1b or EAD status with the same company.
BTW, H1b to EAD is seamless, you needn't go out of the country to use EAD instead. On EAD you can work in a similar job. Talk to your attorney.
LOA till you get a job. LOA will maintain your H1b or EAD status with the same company.
BTW, H1b to EAD is seamless, you needn't go out of the country to use EAD instead. On EAD you can work in a similar job. Talk to your attorney.
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NolaIndian32
08-12 10:28 PM
Ok - i gathered myself at this thread...now what? :p
more...
FinalGC
03-30 12:57 PM
Guys....stop getting into wrong conclusions from my question....If you read my question carefully....you will see I started the question as a "case"...so it was a "case scenario" and not a state where my GC was approved.
To quench your confusion......my GC is still pending.....Hope that calms you guys down....the answer to my question has also been answered.....
To quench your confusion......my GC is still pending.....Hope that calms you guys down....the answer to my question has also been answered.....
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sidshar
05-15 04:22 PM
My PD is 2006 last year dates went current and I got it. I guess luck played a role.
more...
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andr.in
10-05 04:59 AM
Flash can crash too if you trace a bitmap and put the minimum area and color threshold values very small. It takes forever to trace 'em. And if you start doing something it crashes. :)
In 3dsmax the polygon count is what makes the computer slow and crash. On this picture I have a 6924 faces and everythings fine. But when it reaches 20000 it's very slow.
In 3dsmax the polygon count is what makes the computer slow and crash. On this picture I have a 6924 faces and everythings fine. But when it reaches 20000 it's very slow.
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ski_dude12
04-17 01:29 AM
My suggestion would be to get in touch with your local DMV/auto insurance agent regarding the legal requirements for someone on visitors visa to drive in US.
more...
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highskies26
08-15 12:07 AM
+2003 11
2004 37
2005 49
2006 35
Total 132
draw your own conclusions
Seems right to me... I think a lot of 2004-2005 applicants are also getting approved.
BTW, I am also a 2006 applicant and July 2nd filer but still waiting... :(
2004 37
2005 49
2006 35
Total 132
draw your own conclusions
Seems right to me... I think a lot of 2004-2005 applicants are also getting approved.
BTW, I am also a 2006 applicant and July 2nd filer but still waiting... :(
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guchi472000
03-24 09:44 AM
Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
more...
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spicensour
06-17 01:26 PM
PD - august 2002
140 AP - august 2005
485/EA/AP - sent it out today
Have you recd. any communication from the processing center yet. I sent the forms on June 5 and have not heard anything yet.
Does anybody on the forum know how many days does it take for the processing center to acknowledge?
PD aug 2003.
I140 March 2006
I485/AP/ sent on June 05,2007.
140 AP - august 2005
485/EA/AP - sent it out today
Have you recd. any communication from the processing center yet. I sent the forms on June 5 and have not heard anything yet.
Does anybody on the forum know how many days does it take for the processing center to acknowledge?
PD aug 2003.
I140 March 2006
I485/AP/ sent on June 05,2007.
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Blog Feeds
01-20 08:20 AM
In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below.
The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:
� Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
� Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.
Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.
The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.
Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.
Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.
Advantages of H-3 category
1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.
2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.
3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.
Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.
In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.
H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.
More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)
The H-3 nonimmigrant (http://www.h1b.biz/lawyer-attorney-1137115.html) visa category is available for aliens coming temporarily to the United States as either a:
� Trainee to receive training, other than graduate or medical education training, that is not available in the alien�s home country or
� Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
This article will cover only H-3 trainee visas. H-3 training may be in a variety of fields, including commerce, communications, finance, government, transportation, agriculture, etc. Our office has been successful in obtaining H-3 visas for numerous hospitality trainees to receive hospitality related training at the hotels in the U.S.
Training purpose. The heart of an H-3 petition is the explanation for conducting the training in the United States. The petition should describe how the U.S. company is benefited by providing the training, the career abroad for which the training will prepare the foreign national, and the reason why the training cannot be obtained in the foreign national�s home country. The training program should be related to the petitioner�s business and cannot be for workers who already possess �substantial training and expertise� in the area of training.
The petitioner must establish its ability to provide the training, and the training program itself must not be available in the foreign national�s own country. In addition, the training cannot be in a field unlikely to be used outside the United States, or the primary purpose of which is to eventually staff the domestic operations of the U.S. company. This classification is not intended for employment within the United States. The petitioner must establish that the beneficiary will not engage in productive employment unless such employment is incidental and necessary to the training. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien�s home country.
Therefore, it is very important to show that the trainee has no intention of abandoning his or her foreign residence and will return to his or her home country upon completion of the training program.
Training program. In order to obtain H-3 classification, the petitioner must describe the training program in detail. The description must include the nature of the training, the type of supervision, the proportion of time, if any, that will be devoted to productive employment, the number of hours in classroom instruction and/or on-the-job training, and an itinerary if the training will be in more than one location. The training program that deals in generalities with no fixed schedule, objectives, or means of evaluation will not be approved.
Practice shows that training programs will be approved if they are described carefully and specifically, and if the petitioner demonstrates some benefit to the U.S. company providing the training.
Advantages of H-3 category
1) Eligibility for H-3 status is not based on advanced education. Unlike nonimmigrant work visas, absence of the degree in the field of training is actually beneficial for H-3 classification. The regulations require that the alien does not possess substantial training in the proposed field of training.
2) There are no numerical limits on the number of H-3 petitions granted each year. H-3 may be a good option for an alien who wants to stay in the U.S. and eventually apply for H-1B, but the number of H-1B visas allotted for the fiscal year has run out and the alien has to wait until the visas become available. In that case, the alien might want to receive H-3 training and then switch to H-1B in the future. If this is the case, the adjudicator might later request evidence that the alien has intent to go back to his or her home country after completion of the temporary employment in the U.S. This is because anytime you apply for a nonimmigrant visa the adjudicating officer has a presumption that you have the intent to immigrate. Therefore, the burden is on you to show that you have sufficient ties with your home country, such as relatives, property, offer of employment upon your return, etc.
3) Sometimes it may be beneficial to obtain H-3 training visa rather than J-1 training visa. Certain J-1trainees are subject to a two-year home residency requirement that requires that they return to their home country before they can acquire H or L visa status or permanent residency. The H-3category does not have such a requirement, and there are no specific rules excluding any particular occupations--unlike the J-1 training category, which has numerous occupational exclusions.
Limitations on extensions. If the H-3 petition is approved, you may be allowed to remain in the United States for up to 2 years. However, we advise our clients to complete the training program before the expiration of 2 years. An H-3 foreign national trainee who has completed two years of training may not have his or her status extended or changed or be readmitted to the United States with another H or L visa unless he or she has resided outside the United States for at least six months. In order to avoid that, we recommend our clients to change their status before completing full two years of training. In that case, the alien does not have to remain outside the U.S. for 6 months.
In case H-3 visa is denied, there are ways to challenge the denial. Our office has been successful in securing an H-3 visa even after the denial was issued.
H-3 training visa may be used to provide a nonimmigrant solution for training in a variety of industries, and, thus, can be a valuable tool in meeting the goals of U.S. employers and foreign nationals seeking training in the United States. The circumstances of each case must be evaluated to determine which would be more appropriate and advantageous to your particular case, taking into consideration many of the factors discussed above. If you are interested in your eligibility for H-3 visa, contact our office for additional information.
More... (http://www.visalawyerblog.com/2011/01/hospitality_h3_trainee_visas_o.html)
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va_dude
03-07 01:21 PM
1. yes, if u use ac21, you can get ur h1 transferred too or opt to use your ead.
2. when u start new employment u fill out an I-9 form and will provide your ead at that time. It basically means you are using your ead for employment, which will automatically invalidate your h1b visa. so i don't think you can do the transfer at a later time.
3. no idea
4. no idea
2. when u start new employment u fill out an I-9 form and will provide your ead at that time. It basically means you are using your ead for employment, which will automatically invalidate your h1b visa. so i don't think you can do the transfer at a later time.
3. no idea
4. no idea
akkakarla
09-06 07:04 PM
Guys, this is another great reason of why to change your mind and ATTEND THE RALLY! Let's force CNN to put us on their screens and laugh in Lou Dobbs' face! We can at least reply to his lies in a forceful yet peaceful and educated way (something he isn't!)
One thing I don't understand is how come this guy used the words bastard, communist china(all the time),cheap labor for computer programmers and he is so full of himself. Why does he have problem if US borrows flights from russia to transport vehicle?
Guess this guy needs serious help and be instutionalized for a very long time.
One thing I don't understand is how come this guy used the words bastard, communist china(all the time),cheap labor for computer programmers and he is so full of himself. Why does he have problem if US borrows flights from russia to transport vehicle?
Guess this guy needs serious help and be instutionalized for a very long time.
nk2006
11-12 10:15 AM
Hi Connecticut members,
There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
http://immigrationvoice.org/forum/showthread.php?t=22182
It’s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.
State chapter leader,
Please try to bring attention of your state members to this IV core approved effort.
Thank you.
There is an IV action item to fight recent practice of USCIS in denying I485 applications in some AC21 cases. For more info, please visit:
http://immigrationvoice.org/forum/showthread.php?t=22182
It’s a serious issue which can affect many of us, please act now and send letters (letter formats and everything else is ready in the thread quoted above). It will only take a few minutes of your time.
State chapter leader,
Please try to bring attention of your state members to this IV core approved effort.
Thank you.
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