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11-01 09:10 AM
According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
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Ind-Can
01-04 12:24 PM
Hello All,
I got my US green card in EB3-I category through consular processing after an interview in Montreal, Canada in 2004.
My PD is 29 March 2002. My family could not accompany me to the interview and hence they did not get their green cards at that time. I wanted to schedule an interview for them since 2008 and the Montreal Consulate informed me that my PD is not current. This is somewhat strange as I have already got my Green card in 2004. I have tried all options but everyone tells me that I have to wait till my PD becomes current. I am not a US citizen yet. The way EB3-I is going it will be easily another year till my PD becomes current. (The PD date has moved by 1 month in the last 6 months)
I will appreciate if anyone has any suggestions for me.
Thank You!
I got my US green card in EB3-I category through consular processing after an interview in Montreal, Canada in 2004.
My PD is 29 March 2002. My family could not accompany me to the interview and hence they did not get their green cards at that time. I wanted to schedule an interview for them since 2008 and the Montreal Consulate informed me that my PD is not current. This is somewhat strange as I have already got my Green card in 2004. I have tried all options but everyone tells me that I have to wait till my PD becomes current. I am not a US citizen yet. The way EB3-I is going it will be easily another year till my PD becomes current. (The PD date has moved by 1 month in the last 6 months)
I will appreciate if anyone has any suggestions for me.
Thank You!
msp1976
03-08 02:23 PM
One of my H1B friends went to Frankfurt for some work and expired US visa...The Germans gave him visa because the client is a very large bank in Germany..
I remember that to get the H1B restamped he went to Delhi after he was done in Frankfurt...
If your client in France is big enough and gives you a letter....most likely French would give you visa....They would ask for detailed itenerary...
Please contribute to IV...
I remember that to get the H1B restamped he went to Delhi after he was done in Frankfurt...
If your client in France is big enough and gives you a letter....most likely French would give you visa....They would ask for detailed itenerary...
Please contribute to IV...
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sandiboy
07-20 02:50 PM
maybe this question has been asked before, I just couldn't find the thread.
These days with tons and tons of I-485 applications received every morning, how is USCIS gonna decide which one to process first?
If it's strictly on "first received, first processed" base, then it may well be that one guy with 3/07 PD date may have his application processed earlier (thus earlier AP and EAD) than one with 5/06 PD date. Simply because the 3/07 PD guy sent out the package much earlier than the 5/06 PD one.
Do I understand correctly?
Is this fair, though?
There is already a thread open for it. Please read it.
http://immigrationvoice.org/forum/showthread.php?t=10428
Moderator, please close this thread
These days with tons and tons of I-485 applications received every morning, how is USCIS gonna decide which one to process first?
If it's strictly on "first received, first processed" base, then it may well be that one guy with 3/07 PD date may have his application processed earlier (thus earlier AP and EAD) than one with 5/06 PD date. Simply because the 3/07 PD guy sent out the package much earlier than the 5/06 PD one.
Do I understand correctly?
Is this fair, though?
There is already a thread open for it. Please read it.
http://immigrationvoice.org/forum/showthread.php?t=10428
Moderator, please close this thread
more...
GC_Geek
10-22 05:23 PM
Opening the new thread since the first thread was closed by the Admin..
Update from my case: My AP was approved today(along with my spouse AP)
See my signature for more details
Update from my case: My AP was approved today(along with my spouse AP)
See my signature for more details
tp976
04-15 10:45 AM
dont worry about it. As long as you can prove that you have been treated/or under treatment, this will not hold your application. This will increase / slightly delay your initial application , but otherwise u shouldnt have any problems
more...
veni001
09-14 09:19 AM
I have completed 3.5 years of my H1B and am looking at the possibility of applying for GC either under EB2/3.
After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.
Questions:
Please advice if I qualify for EB2 and if so will there be any issues ?
Please advice if I qualify for EB3 and if so will there be any issues ?
The challenging thing here for your attorney is to provide proof that you have ABET 4-yer bachelor or equivalent degree before filing i-140. Even EB3 is going to be challenging task. Remember H1B requirements are different from EB green card.:(
After my 12th, I did a 2 year Diploma in Business from Australia and then did a 2 year MA(History) in correspondence (open uni) from India and also a 1 year PGDCA by correspondence.
I have more than 10 years of IT experience to go with my 12+2(fulltime)+3(correspondence)years of education.
Questions:
Please advice if I qualify for EB2 and if so will there be any issues ?
Please advice if I qualify for EB3 and if so will there be any issues ?
The challenging thing here for your attorney is to provide proof that you have ABET 4-yer bachelor or equivalent degree before filing i-140. Even EB3 is going to be challenging task. Remember H1B requirements are different from EB green card.:(
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nashorn
08-09 03:07 PM
It will make it easy to read.
have a poll....very difficile to read each messagio
have a poll....very difficile to read each messagio
more...
fromnaija
10-26 11:27 AM
You may find the article at http://www.visalaw.com/99oct/20oct99.html enlightening.
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prachisahoo
02-14 07:38 AM
Any ideas or suggessions on why EB2 priority dates dint move forward even this month? As per earlier discussions the VISA numbers are now getting released every 3 months instead of every year. So we should have seen some movement every 3 months. But since October'06 it has only advanced twice once in Nov'06 by 6 months and then in Dec'06 by 7 days and after that it seems to have got stuck at 8th Jan 03 . New numbers were supposed to be released in January. But no idea what happened and it's stuck there.
Any of you have any idea on this ?
Any of you have any idea on this ?
more...
swamy
12-19 09:04 PM
sorry to break it to you - but he's quitting a very happy man as every other rupublican is trying to 'out-tancredo tancredo' as he himself put it. he's done his job and poisoned the atmosphere which is all he wanted to do.
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λ
04-23 05:05 AM
I :love: the first one :)
more...
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askreddy
01-27 09:17 AM
Hi
I went to local office yesterday. She sent mail to service center about the change in the name to have full first name for my 485 and 131.She also asked me to send letter to service center before they approve my 131 application.
Thanks
I went to local office yesterday. She sent mail to service center about the change in the name to have full first name for my 485 and 131.She also asked me to send letter to service center before they approve my 131 application.
Thanks
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komaragiri
08-09 11:59 PM
If this is true then some of the concurrent filers will try to upgrade them to PP.I will be surprised if they do that. But crazier things have happened.
I really doubt it, with all the current workload, USCIS can't take I-140 PP. That will further slow down the receipts.They have enough work for this year. Providing receipts, EAD, AP etc for more than 100,000 applicants.
Thanks to all hard working individuals at USCIS.
I really doubt it, with all the current workload, USCIS can't take I-140 PP. That will further slow down the receipts.They have enough work for this year. Providing receipts, EAD, AP etc for more than 100,000 applicants.
Thanks to all hard working individuals at USCIS.
more...
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conchshell
06-30 12:20 PM
I have not heard any schedule for these bills. There was a hearing last week, but I couldn't find the outcome of the full hearing. May be someone from IV Core can tell us what is scheduled for the coming days.
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blogger
10-11 06:16 PM
I know a colleague of mine who also changed from L1 to H1 last year but he joined his new job after 2 months from Oct 1 .
I have also read that only when you go out of the country and when you stamp your visa thats when one of the visa goes invalid.
Is this right?
Dude,
You are already out of status as you are not on L anymore. As of october 01st, your status changed to H-1b and you can only be employed by your H-1b employer.
Talk to a lawyer who knows L stuff (not many do) and straighten things out.
I have also read that only when you go out of the country and when you stamp your visa thats when one of the visa goes invalid.
Is this right?
Dude,
You are already out of status as you are not on L anymore. As of october 01st, your status changed to H-1b and you can only be employed by your H-1b employer.
Talk to a lawyer who knows L stuff (not many do) and straighten things out.
more...
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r_vas200
09-05 11:57 AM
fantastic attitude. that is very encouraging. one more reason to not attend the rally - attitude of desis
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psaxena
08-07 05:49 PM
Hi,
I am sending the following letter to USCIS to revoke the G-28 and asking them to send the future communication directly to me. Please let me know if the letter is good to go or any changes are required. Please feel free to make changes to it if required.
Thanks in advance.
Sample Letter
-------------------------------------------------------------------------------------------------
From:
Name
A#xxx-xxx-xxx
DOB xx/xx/xxxx
I-485 Receipt #xxx-xx-xxx-xxxxx
To USCIS
Service Centre
P.O.BOX 82521
LINCOLN NE 68501-2521
RE: Request to revoke the Form G28 sent by attorney with I-485 form
receipt # xxx-xx-xxx-xxxxx
Dear Sir/Madam
I have pending I-485 receipt number xxx-xx-xxx-xxxxx with your service center.
My attorney no more represents me and I request you to revoke the form G28, sent by my attorney while filing I-485 application.
In future any communication from USCIS should be sent to me directly to my home address.
Sincerely
_________________
name
Address
----------------------------
xxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
----------------------------
I am sending the following letter to USCIS to revoke the G-28 and asking them to send the future communication directly to me. Please let me know if the letter is good to go or any changes are required. Please feel free to make changes to it if required.
Thanks in advance.
Sample Letter
-------------------------------------------------------------------------------------------------
From:
Name
A#xxx-xxx-xxx
DOB xx/xx/xxxx
I-485 Receipt #xxx-xx-xxx-xxxxx
To USCIS
Service Centre
P.O.BOX 82521
LINCOLN NE 68501-2521
RE: Request to revoke the Form G28 sent by attorney with I-485 form
receipt # xxx-xx-xxx-xxxxx
Dear Sir/Madam
I have pending I-485 receipt number xxx-xx-xxx-xxxxx with your service center.
My attorney no more represents me and I request you to revoke the form G28, sent by my attorney while filing I-485 application.
In future any communication from USCIS should be sent to me directly to my home address.
Sincerely
_________________
name
Address
----------------------------
xxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxx
----------------------------
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meenu_a
03-30 11:45 PM
Hi Becks,
Thank you so much. I am much relieved now. So, As long as I work for the sponsoring employer(even though the labor location is different) is it ok to file Ac-21 and move to another employer.? My impression was that I was obliged to work for that exact position(the one on the labor) to prove the 'intent'.
Thanks.
Thank you so much. I am much relieved now. So, As long as I work for the sponsoring employer(even though the labor location is different) is it ok to file Ac-21 and move to another employer.? My impression was that I was obliged to work for that exact position(the one on the labor) to prove the 'intent'.
Thanks.
psychman
11-18 01:59 AM
Hi Kirupa. Thank you very much for the link. That did help clear things up. I think I could still benefit from seeing an example if you wouldn't mind sending one? Thanks!
ksircar
04-08 12:41 PM
look at the vfs website (you will get a link to it from consulate website). They have specified some particular HDFC branches in metros, where you can deposit the fee to get the receipt.
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