ashkam
04-22 08:51 AM
Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
You are incorrect. Please read my prior post. If you have an approved I-140, you can be on H4 as long as you want and still switch to H1B without getting affected by the quota.
Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
You are incorrect. Please read my prior post. If you have an approved I-140, you can be on H4 as long as you want and still switch to H1B without getting affected by the quota.
iv2000
08-09 07:33 PM
Para. 4
http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html
An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html
An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
perm2gc
08-26 01:19 AM
Dude it is pretty clear you dont belong here. If you joined a body-shop that replaced americans with cheap bodies then your employer violated the law and you were a willing accomplice. You are no better than an illegal alien. No wonder you are so scared of being replaced by yet another cheap body ! IV does not represent people like you.
Now get the hell out of here.well said dude
Now get the hell out of here.well said dude
ab2k7
07-17 04:28 AM
Thanks desi3933,
The article here from Murthy specifies the solution in a different way and doesn't mention the need of filing LC or 140 again if the LC was properly filed as roving employee. Will have to confirm with attorney. Hope this would help ppl in similar situations.
http://www.murthy.com/news/n_svcupd.html
I-485 Filing for Roving Employees
�MurthyDotCom
The USCIS indicated that, if a roving employee's I-140 petition is filed with Service Center A where the company is headquartered, but the employee moves to Service Center B's jurisdiction before the I-485 is filed, the employee may file the I-485 with either Service Center A or Service Center B. The USCIS also noted, however, that if the I-140 petition is filed at Service Center A, and then the I-485 is filed with Service Center B, the I-485 must be held until the I-140 is adjudicated. It is not clear if this means no action will be taken or if it simply cannot be approved until the I-140 petition is adjudicated. Roving employees are those who do not have fixed work sites, but can be moved from location to location, depending upon the needs of the employer. This is common with IT contractors. The safer approach would be to file the I-140 petition and the I-485 application in the same Service Center to avoid additional delays or the need to transfer the file from one Service Center to another.
In this instance when ever a consultant or "roving employee" moves to another city/state an LCA amendment is to be filed to accomodate USCIS rules. Whether this would have any adverse effect on LC/140/485 as far as refiling/ RFEs later is still not clear. I'll keep looking around for more credible info regarding the same. Pls point out of you guys know of any.
Thanks again in advance.
The article here from Murthy specifies the solution in a different way and doesn't mention the need of filing LC or 140 again if the LC was properly filed as roving employee. Will have to confirm with attorney. Hope this would help ppl in similar situations.
http://www.murthy.com/news/n_svcupd.html
I-485 Filing for Roving Employees
�MurthyDotCom
The USCIS indicated that, if a roving employee's I-140 petition is filed with Service Center A where the company is headquartered, but the employee moves to Service Center B's jurisdiction before the I-485 is filed, the employee may file the I-485 with either Service Center A or Service Center B. The USCIS also noted, however, that if the I-140 petition is filed at Service Center A, and then the I-485 is filed with Service Center B, the I-485 must be held until the I-140 is adjudicated. It is not clear if this means no action will be taken or if it simply cannot be approved until the I-140 petition is adjudicated. Roving employees are those who do not have fixed work sites, but can be moved from location to location, depending upon the needs of the employer. This is common with IT contractors. The safer approach would be to file the I-140 petition and the I-485 application in the same Service Center to avoid additional delays or the need to transfer the file from one Service Center to another.
In this instance when ever a consultant or "roving employee" moves to another city/state an LCA amendment is to be filed to accomodate USCIS rules. Whether this would have any adverse effect on LC/140/485 as far as refiling/ RFEs later is still not clear. I'll keep looking around for more credible info regarding the same. Pls point out of you guys know of any.
Thanks again in advance.
more...
mundram
04-20 02:09 PM
Luckily it was Dalls Airport (DFW) for me...but in my opinion you will have to go to the (international) airport!!
wellwishergc
06-13 03:33 PM
I agree with Raydhan!!
Forget the visa bulletin, GCs, etc for a month and enjoy your team crushing every other team for the next one month.
Go Brazil!!!:) Go Ronaldinho, Ronaldo, Roberto, Kaka!!!
camberiu,
Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.
Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.
You better log off and watch Brazil-Croatia in 10 minutes.
Forget the visa bulletin, GCs, etc for a month and enjoy your team crushing every other team for the next one month.
Go Brazil!!!:) Go Ronaldinho, Ronaldo, Roberto, Kaka!!!
camberiu,
Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.
Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.
You better log off and watch Brazil-Croatia in 10 minutes.
more...
dreamgc_real
08-03 12:05 PM
My EAD details
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
What does your lawyer say? He should be able to let you know exactly what the letter means - denial for SR or EAD. Check with him.
Mailed Date : 5/24/10
Received Date : 5/26/10
Notice Date: 06/03/10
Checks Cashed: Yes
File Type: Paper/E-filed/Lawyer - Lawyer
Service Center/Lockbox : TSC
RFE DATE: N/A
RFE Description: N/A
SR Opened: Yes ( 07/26/2010)
InfoPass: NO
Current EAD Expiry: 9/03/10
Approval Date:
Approval Desc:
EAD Validity:
I have opened SR @( 07/26/2010) and got the reply back by mail below
----------------------------------------------------------------------------------------------------
The status of the Service Request is
Case type:-- I765
The status of this service request is: Due to the high volume of expedite requests for this case type, we are strictly enforcing the criteria that has been set for these expedite requests.
Since the date we received your case, we denied your case and send a notice of explaining our decision to you on 06/25/2010 to the file we have on the file
-----------------------------------------------------------------------------------------------------
Is this denial of service request or denial of EAD Renewal?
I am confused. Lawyer or I never received any denial notice so for and online case status showing initial review with LUD of 06/26/2010.
What should I do now? Please let me know.
Thx
KPR
What does your lawyer say? He should be able to let you know exactly what the letter means - denial for SR or EAD. Check with him.
kabeer_g
01-12 12:17 PM
This is absolutely illegal. Never never do this.
So can you please suggest what do I do in this case. Only other option I can think of is telling the New Delhi consulate that I will be back in country in April and can submit my passport then.
I am hoping leaving India and entering US on Advance Parole was fine. It is not like my H1B had been denied. They needed additional documentation (medical report), which I submitted. After that they told me it would take them 2-3 weeks to process additional information. Since I did not have that much time, I left the country.
So can you please suggest what do I do in this case. Only other option I can think of is telling the New Delhi consulate that I will be back in country in April and can submit my passport then.
I am hoping leaving India and entering US on Advance Parole was fine. It is not like my H1B had been denied. They needed additional documentation (medical report), which I submitted. After that they told me it would take them 2-3 weeks to process additional information. Since I did not have that much time, I left the country.
more...
gc_kaavaali
12-10 02:53 PM
Please consider contributing IV...IV need your help to resolve our immigration problems.
http://immigrationvoice.org/forum/showthread.php?t=15905
http://immigrationvoice.org/forum/showthread.php?t=15905
vishals_me
04-17 03:04 PM
Hi,
Even i reviewed the list of NOC on their site but I don't see any chages. But i could see one thing on that pdf list is the date still says February 5, 2009. So it;s not updated as per April 15,2009 if they revised the list.
So need to find out wether they revised the list of NOC or not..
any one knows???
Thanks in advanc,
Vishal.
Even i reviewed the list of NOC on their site but I don't see any chages. But i could see one thing on that pdf list is the date still says February 5, 2009. So it;s not updated as per April 15,2009 if they revised the list.
So need to find out wether they revised the list of NOC or not..
any one knows???
Thanks in advanc,
Vishal.
more...
rockstart
03-11 09:43 AM
Isnt Labor & I 140 property of the employer and labor can be transferred to some one else (not allowed now but was in past) the employee comes into picture only at the 485 stage and that is when the intent should be looked into. Its a pretty complicated question so lawyer is the best person to answer.
dazed378
04-07 08:40 PM
Guess what I discovered today? I found the filled in W7 form and notarized copies of my wife's passport in my house. All this while I was so confident that I did send the W7 form along with tax return form, but it turned out I forgot to do so :(. I called IRS and they told me that I need to fill in Amended Tax Return form (Form 1040X) now. On the contrary, my tax preparer (CPA) is saying I just need to resend Form 1040 and W7 and there is no need to amend as there is no change in figures. Whose words should I follow now? Please advise.
more...
abandookwala63
02-03 12:54 PM
My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.
I am in the same boat. My lawyer told me to sent AC21 notification to USCIS as I am on H1 and never used EAD. He told me that my old employer will not revoke I-140 but he will cancel my H1B which is valid till 2010 and they will come to know about your status(change in job) and incase at the time of interview they ask for paystubs how r u going to produce it as u are not working for him. Please give ur inputs as I may be wrong.
I am in the same boat. My lawyer told me to sent AC21 notification to USCIS as I am on H1 and never used EAD. He told me that my old employer will not revoke I-140 but he will cancel my H1B which is valid till 2010 and they will come to know about your status(change in job) and incase at the time of interview they ask for paystubs how r u going to produce it as u are not working for him. Please give ur inputs as I may be wrong.
terpcurt
December 25th, 2004, 06:38 AM
My phone is not a camera phone.......................... and I like it that way ;)