maitabasa
07-26 10:05 PM
I obtained an H1B visa through Company A (starting October 2008) and the H1B visa was valid until September 2011, unfortunately in March 2009 I was laid off. As a result to maintain my status I switched from an H1B visa to a B1/B2 visa. I actually went to my home country and got the visitors visa from the consulate in my home country. In July 2009 I returned to the USA and entered the USA as a visitor on a B1/B2 visa.
My question now is what happens if I obtain employment. What does my new employer have to do? Since my initial H1B approval is valid until September 2011, can by new employer just take over the H1B without me having to go through the lottery system again even though currently I am on a visitors visa and have been unemployed for more than 3 months?
Thank you.
My question now is what happens if I obtain employment. What does my new employer have to do? Since my initial H1B approval is valid until September 2011, can by new employer just take over the H1B without me having to go through the lottery system again even though currently I am on a visitors visa and have been unemployed for more than 3 months?
Thank you.
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Jim
January 24th, 2005, 09:48 PM
I also agree. Just a little fill flash would have really helped this image.
kewlkrazy
01-11 07:34 PM
Hi,
I had a question about the H-1B cap. I am currently in F-1 status in
graduate school and am planning to finish my degree requirements
sometime in March/April 2007 and eventually need to be in H-1B status
to continue to work in the US.
I previously was in the H-1B status from Jan. 2001 till Sep. 2001 (9 months)
for which I was counted towards the FY2001 H-1B cap (more than 6 years ago).
In Sep. 2001, I switched to F-1 status to get a PhD and haven't been
outside the US for more than 4 weeks since then. My question is
will I be subject to the H-1B cap again, and get a new 6-year H-1B
term, if a for-profit employer files an H-1B petition for me for FY2008
?
OR
will I get the remaining 5 years and 3 months from my previous H-1B and
not be counted against the H-1B cap ?
OR
will I get the remaining 5 years and 3 months from my previous H-1B and
also be counted against the H-1B cap ?
By the H-1B cap, I am referring to the numerical annual limit of 65k+20k.
Thanks in advance for any helpful replies.
I had a question about the H-1B cap. I am currently in F-1 status in
graduate school and am planning to finish my degree requirements
sometime in March/April 2007 and eventually need to be in H-1B status
to continue to work in the US.
I previously was in the H-1B status from Jan. 2001 till Sep. 2001 (9 months)
for which I was counted towards the FY2001 H-1B cap (more than 6 years ago).
In Sep. 2001, I switched to F-1 status to get a PhD and haven't been
outside the US for more than 4 weeks since then. My question is
will I be subject to the H-1B cap again, and get a new 6-year H-1B
term, if a for-profit employer files an H-1B petition for me for FY2008
?
OR
will I get the remaining 5 years and 3 months from my previous H-1B and
not be counted against the H-1B cap ?
OR
will I get the remaining 5 years and 3 months from my previous H-1B and
also be counted against the H-1B cap ?
By the H-1B cap, I am referring to the numerical annual limit of 65k+20k.
Thanks in advance for any helpful replies.
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Prashanthi
04-09 01:03 PM
As long as the company is willing to continue his GC process.
more...
the_immigrant
01-26 04:36 PM
Hello - I have a unique situation. I'm currently in the US on H1B, and my fiance is in India working for a reputed software company. We are planning to get married by end of April.
I want her to come to US on a work visa (hopefully H1B). I got to know that to make the FY09 H1B cap, she has to apply for H1B on Apr 1 2008, and wait till Oct 1 to travel if her visa gets approved. But since we are getting married by end of April, I don't want her to stay in India till October while I'm here.
The other option I was thinking was to apply for her H1B on Apr 1, but still go ahead and apply for H4 in early May, so that she can travel on H4 in May. And once her H1 is approved, she would already be in the US and can start working from Oct 1. Is this possible? Will this plan create any problems for her H4 or H1 visa application?
If the above does not work, what are my other options? If I miss the Apr 1 2008 deadline, the next earliest she can apply for H1 is Apr 1 2009, and work from Oct 1 2009 - and I don't want to wait that long.
Another option is to get married before Apr, get her to US on H4 before Apr, and apply for change of status to H1 on Apr 2008. But the marriage plans for Apr is made and to push the dates back would not be easy.
Any help in this matter is appreciated.
Thanks in advance,
I want her to come to US on a work visa (hopefully H1B). I got to know that to make the FY09 H1B cap, she has to apply for H1B on Apr 1 2008, and wait till Oct 1 to travel if her visa gets approved. But since we are getting married by end of April, I don't want her to stay in India till October while I'm here.
The other option I was thinking was to apply for her H1B on Apr 1, but still go ahead and apply for H4 in early May, so that she can travel on H4 in May. And once her H1 is approved, she would already be in the US and can start working from Oct 1. Is this possible? Will this plan create any problems for her H4 or H1 visa application?
If the above does not work, what are my other options? If I miss the Apr 1 2008 deadline, the next earliest she can apply for H1 is Apr 1 2009, and work from Oct 1 2009 - and I don't want to wait that long.
Another option is to get married before Apr, get her to US on H4 before Apr, and apply for change of status to H1 on Apr 2008. But the marriage plans for Apr is made and to push the dates back would not be easy.
Any help in this matter is appreciated.
Thanks in advance,
CADude
05-21 05:04 PM
;) you bet, here is the first draft.
illegal waiting at the border = 500 points handed in a platter when you cross the border. 100 additional points per day for 6 days after you cross 50 ft beyond the border.
illegal in the country = 500 basic points + 500 bonus points + 100 points on compassionate grounds
legal + skilled = zero, nada, zilch, legal have been awarded 1 point for every month in the country on compassionate grounds
points for GC 600
points for GC via fedex and no paperwork 601 points.
:p I say this in jest but, this is where we are heading :mad:
take your pick... call the senators and tell them of our problems...
illegal waiting at the border = 500 points handed in a platter when you cross the border. 100 additional points per day for 6 days after you cross 50 ft beyond the border.
illegal in the country = 500 basic points + 500 bonus points + 100 points on compassionate grounds
legal + skilled = zero, nada, zilch, legal have been awarded 1 point for every month in the country on compassionate grounds
points for GC 600
points for GC via fedex and no paperwork 601 points.
:p I say this in jest but, this is where we are heading :mad:
take your pick... call the senators and tell them of our problems...
more...
belmontboy
09-15 09:33 AM
I've filed for the I-140 with EB-1 category in business, then additional evidence was requested and finally received a denial. I would like to know:
1. What are the chances to get approved after appealing? Depends on why it was denied
2. If I were to appeal can I present new evidence? yes you should, else why would you even appeal??
3. After filing the appeal, how long should I expect to receive an answer from DC office? should take atleast 4 months
4. If I ask for additional time before appealing, what are the chances that the additional time will be approved?
5. Is it better to appeal or to request a motion to reopen whenever I gather the new info to defend my case?
6. Do I have better chances if I skip both appealing and motion to reopen and focus on re filing a new case?Depends on why it was denied
Thanks.
Answer inline.
BTW what was the reason for denial?
1. What are the chances to get approved after appealing? Depends on why it was denied
2. If I were to appeal can I present new evidence? yes you should, else why would you even appeal??
3. After filing the appeal, how long should I expect to receive an answer from DC office? should take atleast 4 months
4. If I ask for additional time before appealing, what are the chances that the additional time will be approved?
5. Is it better to appeal or to request a motion to reopen whenever I gather the new info to defend my case?
6. Do I have better chances if I skip both appealing and motion to reopen and focus on re filing a new case?Depends on why it was denied
Thanks.
Answer inline.
BTW what was the reason for denial?
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guyh
07-22 04:42 PM
Hi my wife is missing her birth certificate can i aplly with all the rest of the documents and send it in later beacause it can take some time to find it in russia or any other suggestions thanks
more...
gcnirvana
08-24 12:07 PM
bump
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tancot
05-11 01:46 AM
Hi All,
Please help!!
I will be completing my first 3yrs of H1 in Sept 2010. My I-797 is valid till Sept 2010. I-94 & H1 visa expired on April 4th 2010.
My company has applied for 1-129 on April 1st 2010.
I have a few questions -
1. Since my 1-94 is expired and H1 too, am "I out of status"? - I-129 is still pending, I have received the receipt from USCIS on April 12, 2010.
2. If I am out of status, is it going to effect my visa renewal or H1 extensio?
3. What to do?
Your response will be highly appreciated, I am very confused.
Thanks & Regards.
Please help!!
I will be completing my first 3yrs of H1 in Sept 2010. My I-797 is valid till Sept 2010. I-94 & H1 visa expired on April 4th 2010.
My company has applied for 1-129 on April 1st 2010.
I have a few questions -
1. Since my 1-94 is expired and H1 too, am "I out of status"? - I-129 is still pending, I have received the receipt from USCIS on April 12, 2010.
2. If I am out of status, is it going to effect my visa renewal or H1 extensio?
3. What to do?
Your response will be highly appreciated, I am very confused.
Thanks & Regards.
more...
Pravan
06-13 04:45 PM
Thanks for the tip. I did figure out option "a" as the appropriate response since I do not have a prior EAD.
BTW I read through your post...great stuff!! very helpful information!!
BTW I read through your post...great stuff!! very helpful information!!
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backtoschool
01-05 04:21 PM
All,
I had posted some queries previously and thanks to all who took time to respond.
As I had said before , I have an admission to study for my MBA outside US for one year. Here is the latest update:
I was thinking I will get a one year leave abscence from my employer ( advt on the website), but apparently they dont support studies as part of the deal.
So i am out of luck;
Considering my situation what do you gurus recommend.
How can I leave US yet maintain my GC process.
My I-140 is approved
Situation:
Spouse in school Full time Studies on I-485 pending. ( entered on F1 then converted to I485..... so going back to F1 is impossible)..
I want her status to be preserved.
My thought:
Resign from my company when I need to leave. Convince them that I will return. Maintain no ties with the company for one year..basically can be compared to being jobless for one year.
and then get a letter that a future similar job will be available with the same Co. ( that sponsored my GC)...
Is this feasible ./practical?
I had posted some queries previously and thanks to all who took time to respond.
As I had said before , I have an admission to study for my MBA outside US for one year. Here is the latest update:
I was thinking I will get a one year leave abscence from my employer ( advt on the website), but apparently they dont support studies as part of the deal.
So i am out of luck;
Considering my situation what do you gurus recommend.
How can I leave US yet maintain my GC process.
My I-140 is approved
Situation:
Spouse in school Full time Studies on I-485 pending. ( entered on F1 then converted to I485..... so going back to F1 is impossible)..
I want her status to be preserved.
My thought:
Resign from my company when I need to leave. Convince them that I will return. Maintain no ties with the company for one year..basically can be compared to being jobless for one year.
and then get a letter that a future similar job will be available with the same Co. ( that sponsored my GC)...
Is this feasible ./practical?
more...
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immig4me
02-11 09:12 AM
I will respond too!
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tempgc
02-02 03:35 PM
Hi
Here is my situation and looking for any previous experience and suggestion from experts.
I have my EAD valid for 2 years PD 05 EB2. I got a job from another company but vendor says I need to be in his payroll. Job wise everything is good. I want to join him on EAD.
Here are my concerns
1. Should file for AC21 or just keep quite till CIS sends a letter ?
2. If I ensure my new job and old job responsibilities are same, am I safe ?
Do you see any problems or advise me for anything.
Thanks
tempgc
Here is my situation and looking for any previous experience and suggestion from experts.
I have my EAD valid for 2 years PD 05 EB2. I got a job from another company but vendor says I need to be in his payroll. Job wise everything is good. I want to join him on EAD.
Here are my concerns
1. Should file for AC21 or just keep quite till CIS sends a letter ?
2. If I ensure my new job and old job responsibilities are same, am I safe ?
Do you see any problems or advise me for anything.
Thanks
tempgc
more...
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tejonidhi
01-14 08:47 AM
Hi,
I am a july 2 filer and I am in the same boat. I did call uscis and usually they give us the same answer that says we received your application on so and so and we will work on this. this is the latest and greatest information we have. I tried a different combination and found that my application has been moved to STORAGE facility. I am in the process of retriving that by sending Expedite request from lawyer.
Try this combination to know the status of your application.
1800 375 5283
1,2,2,6,1 ,Enter receipt number, 1 listen to message, 3 ,4
This will connect you to immigration information officer who has access to the database and he can give you a good picture about your application.All the best
Tejonidhi
I am a july 2 filer and I am in the same boat. I did call uscis and usually they give us the same answer that says we received your application on so and so and we will work on this. this is the latest and greatest information we have. I tried a different combination and found that my application has been moved to STORAGE facility. I am in the process of retriving that by sending Expedite request from lawyer.
Try this combination to know the status of your application.
1800 375 5283
1,2,2,6,1 ,Enter receipt number, 1 listen to message, 3 ,4
This will connect you to immigration information officer who has access to the database and he can give you a good picture about your application.All the best
Tejonidhi
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zac8141
10-10 06:31 PM
i havent c#, but i think you could use the "get asynckeystate"
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Roger Binny
06-06 04:29 PM
http://www.usimmigrationsupport.org/addresschange.html
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martinvisalaw
07-10 12:19 PM
Under the new fee structure, does the NO FEE apply only to the initial set of AP documents or also to all the subsequent renewals of AP I-131 document.
Thanks.
It applies to all AP and EAD applications, not just the first one.
Thanks.
It applies to all AP and EAD applications, not just the first one.
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anilsal
09-15 10:00 PM
Thanks for reading this message. Since you are from mid-west, you are capable of taking your car and drive in the direction of DC. It will take anywhere from 9-15hours. But you will be able to do it.
If there was a possibility of USCIS handing a GC in person, you would have driven 50 hours. Can you not drive for 10hours for a cause that is affecting you, me and everyone around us?
Now make up your mind and drive and meet other mid-westerners in DC.
If there was a possibility of USCIS handing a GC in person, you would have driven 50 hours. Can you not drive for 10hours for a cause that is affecting you, me and everyone around us?
Now make up your mind and drive and meet other mid-westerners in DC.
immigrationmatters30
09-07 12:11 PM
Well it looks like DOS is saying that court has no authority to ask DOS to do anything.
bidhanc
07-29 07:16 AM
If your Husband's GC was approved and it was a straight forward case, yours should be approved also.
I would suggest taking an "infopass" and checking on the status of your case.
thank u so much for ur prompt reply.
my husband's priority date is current now so are there any chances for me to get gc now??
I would suggest taking an "infopass" and checking on the status of your case.
thank u so much for ur prompt reply.
my husband's priority date is current now so are there any chances for me to get gc now??
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