krishgreen
02-09 05:42 PM
If I were you, I would go ahead and file H1B Extension with pending LCA and submit the approved labor later instead of dealing with consequences of going out of status.
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h1bwala
12-09 03:17 PM
Hi
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
Here is my situation . My visa status is H1b and i was laid off by a well-known software company and my termination date was 30th Oct 2009 .
I approached a software consultancy and they filed a LCA petition on 3rd Nov 2009 and applied for H1b transfer on 10th Nov 2009 . They received the EAC petition number on 3rd December 2009 . Meanwhile they kept trying a project for me . I have following queries
1. As i am not getting any salary from 1st Nov 2009 , what is my legal status ? Am i out of status and till what time i could stay here ? What could be effects if i stay here for long without project and salary?
2. Am i entitled to get any salary from current company (software consultancy) ? If yes , when shall they start paying me ?Can they really force me legally to stay here without salary as they might have an excuse that H1 is still not transferred and i am not their employee right now ? I want to add one point here their offer letter states that starting date would be 1st Nov subject to legal H1 transfer.
3. What are my legal rights if software consultancy company forces me to stay here without any pay stub ? Please tell me my options.
Thanks
Guest007
06-28 04:55 PM
CNN Political Ticker: All politics, all the time Blog Archive - President Obama quietly moving on immigration reform � - Blogs from CNN.com (http://politicalticker.blogs.cnn.com/2010/06/28/president-obama-quietly-moving-on-immigration-reform/#more-110992)
The list of people does not have anybody from legal immigration :(. Sad to see we are still not heard in high offices even after DC event.
The list of people does not have anybody from legal immigration :(. Sad to see we are still not heard in high offices even after DC event.
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scorpion
09-10 10:05 AM
If the job description on the Labor allows 3 year degree. And if it is properly filed by the lawyer than there should not be any problem. I know few people who got their I-140 (EB3) approved from NSC with 3 year degree.
more...
roseball
08-04 04:11 PM
Hi,
I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.
The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.
My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.
Thanks for your help.
Shan
No, you cannot work for the new employer till Sep 1st as it seems the H1 was filed with a requested start date of Sep 1st and you already got the approval notice.
I am in the process of moving between jobs. The old job is a teaching job in a university and the new one is a research position in a non-profit think tank. So there is no H1B quota issue for both jobs.
The H1B for the old job won't expire unit next year. I have received the H1B for the new job. The start date for the new H1B is Sept. 1st.
My question is: Can I start my new job before Sept. 1st? I understand that for H1B transfer, one can start the new job once the application receipt from USCIS is received. But in my case, I have already got the new H1B and the start date on that is Sept 1st.
Thanks for your help.
Shan
No, you cannot work for the new employer till Sep 1st as it seems the H1 was filed with a requested start date of Sep 1st and you already got the approval notice.
KanME
07-19 03:00 AM
I have already sent my 485 application
1-140 cleared
In the field I94# and expiration I entered I 94 number which is on the white card on the passport and it is the same as the number on my renewed h1 papers.However I entered expiry date from the i94 on the passport,which is oct06 instead of the 010 date in the renewal.
will that be a problem..? CAN I CORRECT IT AFTER I get the reciept no or will thay be able to verify with the latest h1 paper that i94 is valid
1-140 cleared
In the field I94# and expiration I entered I 94 number which is on the white card on the passport and it is the same as the number on my renewed h1 papers.However I entered expiry date from the i94 on the passport,which is oct06 instead of the 010 date in the renewal.
will that be a problem..? CAN I CORRECT IT AFTER I get the reciept no or will thay be able to verify with the latest h1 paper that i94 is valid
more...
blacktongue
10-07 02:38 PM
How will removing country limits help China, India and ROW.
Has someone done any calculations on visa date movement.
We should have some comparison on this because some of us from China against. I seen many ROW against.
Does it help only Indians or everyone by how much?
I see these calculations bringing Indians, Chinese and ROW together.
Has someone done any calculations on visa date movement.
We should have some comparison on this because some of us from China against. I seen many ROW against.
Does it help only Indians or everyone by how much?
I see these calculations bringing Indians, Chinese and ROW together.
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rkumar18
09-26 07:23 PM
I didn't get the EAD too...
I am in the same situation.........
__________________
Labor : EB2 PD March 2005
I-140 NSC 10/2006
I-485 & I-765 - NSC - signed by R. Williams at 7:55 AM
Self & Spouse
I-485 July 2nd Filed - WACXXXX - Case Transferred to NSC.
I-765 July 2nd Filed - EAD Received
Reply With Quote
I am in the same situation.........
__________________
Labor : EB2 PD March 2005
I-140 NSC 10/2006
I-485 & I-765 - NSC - signed by R. Williams at 7:55 AM
Self & Spouse
I-485 July 2nd Filed - WACXXXX - Case Transferred to NSC.
I-765 July 2nd Filed - EAD Received
Reply With Quote
more...
alkg
10-26 02:05 PM
Yes I files my applications at NSC but receipt nos are of TSC
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needhelp!
10-16 01:07 PM
second that!
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rajmirk
05-19 06:38 PM
Not sure about the first question. SKIL bill will exempt any advanced degree from US or Advanced degree in STEM from outside + 3 Years. PACE, TALENT and the current CIR only exempt STEM Advanced degree + 3 Yrs
I am not totally sure. I recall reading one amendment where they mentioned 203(b) in conjunction with this - which means EB2 qualification.
I am not totally sure. I recall reading one amendment where they mentioned 203(b) in conjunction with this - which means EB2 qualification.
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BECsufferer
09-28 12:06 PM
Can you walk in for un-scheduled apointment? ... Now days this might not be permissible, but I remember 5 yrs ago at Toronto consulate, after all scheduled applicants have been lines up timewise, un-scheduled applicants were asked to form line behind on first come first basis. Not sure if anyone got chance, as I was like most lined up ahead in scheduled lineup. But wonder if it is still permitted, how about taking chance?
Please comment.
Please comment.
more...
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kirupa
01-22 01:36 AM
Hi Sam - your entry looks really nice. Unfortunately, this contest ended around 14 hours before you submitted your entry :( Therefore, your entry won't be eligible for the judging. I will add your entry to a mini-gallery on the main site once the contest ends though!
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chanduv23
06-04 01:33 PM
Please close this thread - no use
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inskrish
04-03 01:35 PM
Hello all,
I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?
Hi,
Processing Date is different from Priority Date. What is your I-485 Receipt Date?
I had my 140 reinstated in Feb-09 after it was denied back in 08 (filed motion to reopen). Last week i inquired about the status of my case since my visa category is current (VB 02/2003), I received a letter yesterday informing me that the case is out of the processing date, my 140 priority date is 12/2002. is this a mistake or my priority date has change to feb-09?
Hi,
Processing Date is different from Priority Date. What is your I-485 Receipt Date?
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Blog Feeds
08-05 08:00 PM
H1B Visa Lawyer Blog Has Just Posted the Following:
The United States Immigration and Customs Enforcement (ICE) recently updated (http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf) the list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.
The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.
Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.
Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.
If you need assistance or an explanation of the SEVP/student visa, please contact our office (http://www.mvplg.com/contact.htm) to schedule a consultation.
More... (http://www.h1bvisalawyerblog.com/2010/08/updated_list_sevp_approved_sch_6.html)
The United States Immigration and Customs Enforcement (ICE) recently updated (http://www.ice.gov/doclib/sevis/pdf/ApprovedSchools.pdf) the list of Student and Exchange Visitor Program (SEVP) approved schools. The schools listed have all been certified to participate in the program.
The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University.
Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.
Interested Schools: There is a separate process to obtain F & M Certification. Authorized school officials must obtain and complete Form I-17. An overview of the SEVP Certification process can be found on the ICE website . If approved, the school will be certified and allowed to issue Form I-20 to qualifying foreign students.
If you need assistance or an explanation of the SEVP/student visa, please contact our office (http://www.mvplg.com/contact.htm) to schedule a consultation.
More... (http://www.h1bvisalawyerblog.com/2010/08/updated_list_sevp_approved_sch_6.html)
more...
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ragz4u
03-20 08:47 AM
Please contact the media rep of IV at sunil@immigrationvoice.org
He will be able to guide you further
He will be able to guide you further
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go2roomshare
03-29 10:03 AM
Employer A with EB3 PD Feb2003 and I 485 filed
Same Employer A is doing EB2 PERM with I 140 PD porting
Is it possible to invoke AC21 in middle of process??
1. is it possible to use AC21 after 140 approval??, any time constraints?
2. what about between 140 filing and 140 approval?
3. at what stage it is not safe?
any advice please
Same Employer A is doing EB2 PERM with I 140 PD porting
Is it possible to invoke AC21 in middle of process??
1. is it possible to use AC21 after 140 approval??, any time constraints?
2. what about between 140 filing and 140 approval?
3. at what stage it is not safe?
any advice please
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sudhakar_p_v
05-02 11:41 PM
Has anyone paper filed for renewal of EAD and AP together?
I am trying to file these together wanted to know if i can fedex both the applications together in the same package.
Please advise.
I am trying to file these together wanted to know if i can fedex both the applications together in the same package.
Please advise.
vaguely
12-04 06:58 PM
Thanks for reply.
I guess this means that i will not be traveling as i'm not sure i will have secured a job before i travel.
I guess this means that i will not be traveling as i'm not sure i will have secured a job before i travel.
abhishek101
01-05 11:36 PM
this is my understanding but a lawyer answer but you should consult a lawyer
Since you have started your GC process and shown your intent to immigrate your F1 will be denied.
H1 is a dual intent visa ( you enter as non immigrant but U can immigrate on it) and hence application of GC has no implication on it.
Again I am not a lawyer so consult one.
Since you have started your GC process and shown your intent to immigrate your F1 will be denied.
H1 is a dual intent visa ( you enter as non immigrant but U can immigrate on it) and hence application of GC has no implication on it.
Again I am not a lawyer so consult one.
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