GC_1000Watt
12-19 12:08 AM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Talk to a good immigration lawyer...preferably Murthy law firm.
I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
I am not a lawyer and hence please consult with experienced immigration attorney.
Hopefully new year will come with good news for you. :)
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Talk to a good immigration lawyer...preferably Murthy law firm.
I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
I am not a lawyer and hence please consult with experienced immigration attorney.
Hopefully new year will come with good news for you. :)
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insbaby
11-21 11:07 PM
Similar Question:
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
You should take a copy of the I-797's and detach the portion of it and staple with the existing I-94. If you read the I-797 carefully, they mentioned it to put it in your passport, means, all I-94s must be handed over before you leave. Sometimes, you may have different I-94 numbers, so it is better to give all I-94's.
You can not do anything by retaining those I-94s after you leave, just take a copy and give them back.
BUT, make sure that it is in valid period. If you have got a new I-797, where the period has not started, DO NOT GIVE IT BACK, take it with you to the consulate. Give I-94's only up to the period you are leaving.
I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.
You should take a copy of the I-797's and detach the portion of it and staple with the existing I-94. If you read the I-797 carefully, they mentioned it to put it in your passport, means, all I-94s must be handed over before you leave. Sometimes, you may have different I-94 numbers, so it is better to give all I-94's.
You can not do anything by retaining those I-94s after you leave, just take a copy and give them back.
BUT, make sure that it is in valid period. If you have got a new I-797, where the period has not started, DO NOT GIVE IT BACK, take it with you to the consulate. Give I-94's only up to the period you are leaving.
sathyaraj
12-12 12:40 PM
Do not worry too much about your role change, because when you are using AC21 you need to be in same or similar job as specified in ONET job codes.
If you are a systems analyst, then you can potential work as a business analyst also. As the job duties for systems analyst includes some of the activities performed by BA. It is the job duties which have more waitage.
http://www.onetcodeconnector.org/ccreport/15-1051.00
If you refer the link above, all software jobs (except Management) starts with 15.XXXX as job code. So long as you stay with that you are fine.
If you are a systems analyst, then you can potential work as a business analyst also. As the job duties for systems analyst includes some of the activities performed by BA. It is the job duties which have more waitage.
http://www.onetcodeconnector.org/ccreport/15-1051.00
If you refer the link above, all software jobs (except Management) starts with 15.XXXX as job code. So long as you stay with that you are fine.
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rajas
05-31 10:18 AM
I know that there has been several discussions regardigng this topic.One thing I never knew was that once your 6 year H1 Limit is over and say you got H1 extension for 3 more years based on approved I140, now for some reason if your 485 is denied your h1 will be denied too!!! so H1 is not a back up to EAD in this scenario...some lawyers have this opinion!!!!
So EAD/H1 discussion important only for those who have not reached 6 year limit
Any comments!!!!
So EAD/H1 discussion important only for those who have not reached 6 year limit
Any comments!!!!
more...
gsc999
09-18 06:44 PM
I suggest we keep the old name. Lets spend any resources in achieving "core strategic" issues. Per my understanding name change doesn't make that list.
This is a volunteer organization and we should shy away from increasing unnecessary work for the volunteers.
Also, this legal vs illegal issue was a trap devised by the some of the right-wing politicians to divide the immigrants. If we do that we are buying into that. We have gained enough momentum and recognition among the media and politicians by now so that they are now familiar with our vision.
We are looking for friends lets not create unnecessary enemies.
This is a volunteer organization and we should shy away from increasing unnecessary work for the volunteers.
Also, this legal vs illegal issue was a trap devised by the some of the right-wing politicians to divide the immigrants. If we do that we are buying into that. We have gained enough momentum and recognition among the media and politicians by now so that they are now familiar with our vision.
We are looking for friends lets not create unnecessary enemies.
MYGCBY2010
07-27 02:41 PM
You really do not need your labor certificate. You do not need the A# as it is optional. Leave it blank.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.
You however need to have the 140 petition number. Ask your employer for the number. Tel him you would like to have it for tracking purposes.
What document contains information about my job requirements? Will I-140 have all those information... Also, as per my employer I-140 is approved and I am not sure if they would give that Petition Number?.. What other option I have to get this information. Would really appreciate if any one could help me out.
more...
Pineapple
04-27 07:56 AM
read this:
Congressional Dems Say No Immigration Bill Anytime Soon - The Gaggle Blog - Newsweek.com (http://blog.newsweek.com/blogs/thegaggle/archive/2010/04/26/congressional-dems-say-no-immigration-bill-anytime-soon.aspx?hpid=topnews)
Congressional Dems Say No Immigration Bill Anytime Soon - The Gaggle Blog - Newsweek.com (http://blog.newsweek.com/blogs/thegaggle/archive/2010/04/26/congressional-dems-say-no-immigration-bill-anytime-soon.aspx?hpid=topnews)
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gk_2000
01-26 07:09 PM
Well done team IV! BTW has IV already published this email to newspapers? IIRC a free site like PRNEWSWIRE will also help :-)
PR Newswire is AWESOME!
PR Newswire is AWESOME!
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harrydr
06-30 11:31 AM
So what you are saying is i can have 2 H1-b's only if both the jobs are part time. If any one of the two is full time, then it would be illegal. But here's the question. If i file for a 2nd H1-B, the INS should reject my 2nd H1-B request as i already have a full time job on my 1st H1-B. I guess this would be the only way to find out, since no one is sure what the law is.Is there some kind of INS documented law or statements to confirm this??
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syedajmal
01-29 03:27 PM
Had a friend forward this email. Is this true.
From: Anne Manetas, Deputy Director, NumbersUSA
Date: Wednesday 28JAN09 12:15 p.m. EST
E-Verify Amendments Still In Tact -- Keep Up the Pressure Until Final Vote Today
DEAR FRIENDS,
Please keep phoning your own U.S. Representative (even if he/she usually is pro-illegal-immigration). 202-224-3121
Do NOT make any more calls to the Rule Committee Members (unless they are from your district).
Things are looking good, but we can't be sure until the final vote occurs. Your hard work is definitely paying off.
No amendments to strip the E-Verify language out of the stimulus bill were even filed, which is a huge victory for us. However, since things can change on the Hill at any moment, it is critical that you keep calling your own U.S. Representative to tell them you support the E-Verify language in the bill and hope your Rep. will help ensure that it remains in the bill.
The final vote on the stimulus bill should happen sometime late this afternoon or early this evening.
To be clear, there is currently no amendment to strip the E-Verify language.
Please go to your Action Buffet corkboard and click on the phone note. It will provide talking points to make it easier to make the phone call. And it names your Representative and provides alternative phone numbers to call.
Be sure to keep watching our NumbersUSA home page for updates.
THANKS,
ANNE
From: Anne Manetas, Deputy Director, NumbersUSA
Date: Wednesday 28JAN09 12:15 p.m. EST
E-Verify Amendments Still In Tact -- Keep Up the Pressure Until Final Vote Today
DEAR FRIENDS,
Please keep phoning your own U.S. Representative (even if he/she usually is pro-illegal-immigration). 202-224-3121
Do NOT make any more calls to the Rule Committee Members (unless they are from your district).
Things are looking good, but we can't be sure until the final vote occurs. Your hard work is definitely paying off.
No amendments to strip the E-Verify language out of the stimulus bill were even filed, which is a huge victory for us. However, since things can change on the Hill at any moment, it is critical that you keep calling your own U.S. Representative to tell them you support the E-Verify language in the bill and hope your Rep. will help ensure that it remains in the bill.
The final vote on the stimulus bill should happen sometime late this afternoon or early this evening.
To be clear, there is currently no amendment to strip the E-Verify language.
Please go to your Action Buffet corkboard and click on the phone note. It will provide talking points to make it easier to make the phone call. And it names your Representative and provides alternative phone numbers to call.
Be sure to keep watching our NumbersUSA home page for updates.
THANKS,
ANNE
more...
like_watching_paint_dry
01-13 08:33 PM
Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
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thamizhan
07-18 11:33 AM
Check this out...
http://www.hindu.com/thehindu/holnus/001200707182165.htm
http://www.hindu.com/thehindu/holnus/001200707182165.htm
more...
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caond
05-07 10:32 AM
Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
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Scythe
11-21 04:49 PM
You posted that at 2:42 AM, so technically it was already Saturday.
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sanagani
03-08 02:54 PM
Appreciate your answer,,thank you
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chanduv23
08-03 11:58 PM
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
more...
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prince_waiting
12-12 02:28 PM
I am in.....No complaints about that......
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hope123
12-22 06:05 AM
Appreciate all of your valuable inputs.
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?
If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?
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booz
03-25 09:30 AM
Dear Mr. Chidanand Rajghatta,
This is in refernce to TOI's article
http://timesofindia.indiatimes.com/a...ow/1463861.cms
If you want to print that Laloo Prasad cow was sick and was taken to hospital as the headline news,, fine with me.
But please don't write about immigration issues when u guys don't research properly.
We have come here through legal immigration channels and we hope that our GC's or H1b gets cleared soon.
Most of us would have stayed back if the Mandal comission / V.P. Singh wouldn't have spoiled our lives.
This is in refernce to TOI's article
http://timesofindia.indiatimes.com/a...ow/1463861.cms
If you want to print that Laloo Prasad cow was sick and was taken to hospital as the headline news,, fine with me.
But please don't write about immigration issues when u guys don't research properly.
We have come here through legal immigration channels and we hope that our GC's or H1b gets cleared soon.
Most of us would have stayed back if the Mandal comission / V.P. Singh wouldn't have spoiled our lives.
krish2005
09-18 02:39 PM
One never knows on how CIR will encompass the legality of the undocumented.
My assumption is that it will give them a path that will include fines and of course a duration like 5 years or something. This will mean that in the longer term they will qualify for the healthcare if they adhere to the norms.
These are just my assumptions. If there is a concern to bring undocumented folks into legality then why not give them health benefits if they are willing to get converted into legal way. This may not be a Day 1 scenario of healthcare. But from my viewpoint they still tie in indirect terms (CIR and healthcare vs undocumented folks).
My assumption is that it will give them a path that will include fines and of course a duration like 5 years or something. This will mean that in the longer term they will qualify for the healthcare if they adhere to the norms.
These are just my assumptions. If there is a concern to bring undocumented folks into legality then why not give them health benefits if they are willing to get converted into legal way. This may not be a Day 1 scenario of healthcare. But from my viewpoint they still tie in indirect terms (CIR and healthcare vs undocumented folks).
paragpujara
12-21 07:46 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
