extofu
03-07 09:02 AM
Here is my situation
Studied in US on F1 and directly started working for company A from 2002. Got a H1 stamp when out of country in 2003.
Since then moved to company B (in 2005) and H1 visa is now on the second three year term (valid till 2008) . Am on the verge of moving to company C. Will be out of the country all of april and had a few questions
1) Do I need to have stamp on my passport when I switch between F1 and H1only or do I need the stamp even if I have switched firms since the last time I got my passport stamped
2) What happens if I get the stamp say on H1 on 1st April (while on payroll of company B), quit company B (while outside US) and join company C and then return to US in last week of April without getting another stamp. Will I face any issues when reentering USA (given that the stamp is for company B even though I don't work for it anymore) or do I need the accurate stamp when coming to USA?
Your help will be deeply appreciated
Thanks
Studied in US on F1 and directly started working for company A from 2002. Got a H1 stamp when out of country in 2003.
Since then moved to company B (in 2005) and H1 visa is now on the second three year term (valid till 2008) . Am on the verge of moving to company C. Will be out of the country all of april and had a few questions
1) Do I need to have stamp on my passport when I switch between F1 and H1only or do I need the stamp even if I have switched firms since the last time I got my passport stamped
2) What happens if I get the stamp say on H1 on 1st April (while on payroll of company B), quit company B (while outside US) and join company C and then return to US in last week of April without getting another stamp. Will I face any issues when reentering USA (given that the stamp is for company B even though I don't work for it anymore) or do I need the accurate stamp when coming to USA?
Your help will be deeply appreciated
Thanks
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veni001
11-05 06:55 AM
Can employer revoke 140?? It is not a visa. Ofcourse they will have to revoke an H1b, however, what is the argument that you have that indicates that employer should revoke 140?
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.
140 once approved belongs to the employee and can be revoked only if some fraud has been commited or rather some serious mistake. Otherwise all the employer is supposed to do is to abandon the process further or inother words they will not continue to the next stage (485) if PD were to become current.
This is what I get from watching several discussions on various forums. If you have other information please post.
Employer can withdraw/revoke/notify USCUS he is no longer sponsor for that particular employee for the position, similar to H1B. You better check with good immigration attorney.
RAJESWARI
03-25 01:43 PM
my and my current visa status
I140 application was approved on may 2008 and the reciept no lin0718352165
I140 application was approved on may 2008 and the reciept no lin0718352165
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sheela
08-06 07:58 PM
I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to
register."
I sent you PM. Please, check the same
register."
I sent you PM. Please, check the same
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kaisersose
04-16 03:17 PM
i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.
EAD is not a status like H-1 or H-4.
The status should be AOS , pending 485, etc.
EAD is not a status like H-1 or H-4.
The status should be AOS , pending 485, etc.
krishnam70
06-11 05:13 PM
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
1. Send an email to the employer
2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
3. If you have not received your dues, complain to your DOL immediately
I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.
- cheers
kris
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
1. Send an email to the employer
2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
3. If you have not received your dues, complain to your DOL immediately
I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.
- cheers
kris
more...
coopheal
11-07 10:30 AM
I am very disappointed with all of us. We all have big ideas about what should IV core do. But a very few would actually take initiative and work for the cause.
Not a single new person came ahead with the contribution this month.
Not a single new person came ahead with the contribution this month.
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Blog Feeds
12-28 04:50 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjqjRRRXY6ORV7xOUtYWttsb8quuiAfIqxjQ9tIZToJvfl_xi6XrPTLEPs-FmgVzuP34rsp-3UGSYIuCtr97aZsymPOM4qqLVrvvBbeQZBsxV2aVn66KGjuqUgrYWC6UtLrm9Id2GYQD48/s320/hebrews-detention.bmp (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjqjRRRXY6ORV7xOUtYWttsb8quuiAfIqxjQ9tIZToJvfl_xi6XrPTLEPs-FmgVzuP34rsp-3UGSYIuCtr97aZsymPOM4qqLVrvvBbeQZBsxV2aVn66KGjuqUgrYWC6UtLrm9Id2GYQD48/s1600-h/hebrews-detention.bmp)
President Obama has proven how tough his administration can be with 287,000 people deported in the past 11 months, many of whom have U.S. citizen spouses and children. The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts (http://ailaleadership.blogspot.com/2009/06/american-dream-is-dark-and-twisted.html) ICE detains people suspected of violating civil immigration laws, not criminal laws. In fiscal year 2009, Immigration and Customs Enforcement imprisoned 369,483 immigrant detainees - more than twice the number held in fiscal 1999. Immigrant Detention Doubles Since 1999 (Washington Independent) (http://www.detentionwatchnetwork.org/node/2463) ICE detains more than 32,000 aliens on an average day. DHS OIG Report: Medical Care for Detainees (http://www.aila.org/content/default.aspx?docid=30855). Over 1,500 companies have been subjected to audits by the Department of Homeland Security to verify they completed the employer verification process within three days of hire. ICE CRACKS AUDIT WHIP (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html) to restore accountability to U.S. Immigration enforcement now! Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home). The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html). The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org (http://www.commondreams.org/headline/2009/08/20-7) Now is the time to turn the tide of the culture of �No� pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive. Immigration and American Innovation (http://ailaleadership.blogspot.com/2009/12/immigration-and-american-innovation.html) These shortsighted policies threaten our economic security and that of our children�s as well.AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372). Immigration reform must be a critical part of any effective economic stimulus program. For immigration reform to work, it must provide a path to legalization for undocumented persons. It must provide opportunity for bright graduates � and it must open doors for those who bring investments, and for those who establish companies providing jobs and making contributions to our nation�s economic growth.Representative Luis V. Gutierrez�s �marker bill� was a start, hopefully Sen. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) will lead with an immigration bill the nation needs so urgently. Shortsighted enforcement only policies threaten our economic security and that of our children�s as well. The Obama administration has a clear understanding of the issues and they need to prove they are committed to fairness and due process. Its time to walk the walk - the time for action is now!
https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjqjRRRXY6ORV7xOUtYWttsb8quuiAfIqxjQ9tIZToJvfl_xi6XrPTLEPs-FmgVzuP34rsp-3UGSYIuCtr97aZsymPOM4qqLVrvvBbeQZBsxV2aVn66KGjuqUgrYWC6UtLrm9Id2GYQD48/s320/hebrews-detention.bmp (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjqjRRRXY6ORV7xOUtYWttsb8quuiAfIqxjQ9tIZToJvfl_xi6XrPTLEPs-FmgVzuP34rsp-3UGSYIuCtr97aZsymPOM4qqLVrvvBbeQZBsxV2aVn66KGjuqUgrYWC6UtLrm9Id2GYQD48/s1600-h/hebrews-detention.bmp)
President Obama has proven how tough his administration can be with 287,000 people deported in the past 11 months, many of whom have U.S. citizen spouses and children. The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts (http://ailaleadership.blogspot.com/2009/06/american-dream-is-dark-and-twisted.html) ICE detains people suspected of violating civil immigration laws, not criminal laws. In fiscal year 2009, Immigration and Customs Enforcement imprisoned 369,483 immigrant detainees - more than twice the number held in fiscal 1999. Immigrant Detention Doubles Since 1999 (Washington Independent) (http://www.detentionwatchnetwork.org/node/2463) ICE detains more than 32,000 aliens on an average day. DHS OIG Report: Medical Care for Detainees (http://www.aila.org/content/default.aspx?docid=30855). Over 1,500 companies have been subjected to audits by the Department of Homeland Security to verify they completed the employer verification process within three days of hire. ICE CRACKS AUDIT WHIP (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html) to restore accountability to U.S. Immigration enforcement now! Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home). The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html). The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org (http://www.commondreams.org/headline/2009/08/20-7) Now is the time to turn the tide of the culture of �No� pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive. Immigration and American Innovation (http://ailaleadership.blogspot.com/2009/12/immigration-and-american-innovation.html) These shortsighted policies threaten our economic security and that of our children�s as well.AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372). Immigration reform must be a critical part of any effective economic stimulus program. For immigration reform to work, it must provide a path to legalization for undocumented persons. It must provide opportunity for bright graduates � and it must open doors for those who bring investments, and for those who establish companies providing jobs and making contributions to our nation�s economic growth.Representative Luis V. Gutierrez�s �marker bill� was a start, hopefully Sen. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) will lead with an immigration bill the nation needs so urgently. Shortsighted enforcement only policies threaten our economic security and that of our children�s as well. The Obama administration has a clear understanding of the issues and they need to prove they are committed to fairness and due process. Its time to walk the walk - the time for action is now!
https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/12/comprehensive-immigration-reform-its.html)
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sp0
02-15 03:24 PM
does anyone have an answer
Guess roughly 10K balance, assuming 5k for each individual for a trip for around 6 months in us. This was the reasoning i was using when i took my bank statement.
Guess roughly 10K balance, assuming 5k for each individual for a trip for around 6 months in us. This was the reasoning i was using when i took my bank statement.
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chanduv23
10-09 06:54 AM
We have some excellent volunteers from Long Island and we would want more activity from this area.
Please volunteer for local meetings. PM me if you are interested, I will drive over to your place if we can gather enough crowd and do a meeting
Please volunteer for local meetings. PM me if you are interested, I will drive over to your place if we can gather enough crowd and do a meeting
more...
meridiani.planum
06-04 12:44 PM
Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).
You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.
Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.
though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).
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smartboy75
07-17 07:30 PM
Kindly reply to this thread so that it is always visible under RECENT POSTS just as a reminder to everyone ..
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andhrawala
09-22 10:01 AM
I applied my EAD in Nebraska as OH falls under it's jurisdiction and got my approval in 2 weeks. Thought of sharing so that some one may find this information useful.
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
Labor Priority Date: EB2 - 2007 April - India
I-140 Applied: 05/15/2007
I-140 Approved: 08/10/2009
I-485 Applied: 07/26/2007
I-485 Status: Pending
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STAmisha
11-16 10:07 AM
Hi
I was thinking of askign my lawyer to change my case from non rir to rir ?
i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
My pd is oct2002? nothign heard after teh 45 day letter....
thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
thanks
There is no -ve impact on coverting to RIR. If RIR is denied, you will still be processed as TR. You wont loose your PD
I was thinking of askign my lawyer to change my case from non rir to rir ?
i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
My pd is oct2002? nothign heard after teh 45 day letter....
thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too
thanks
There is no -ve impact on coverting to RIR. If RIR is denied, you will still be processed as TR. You wont loose your PD
more...
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waitingimmigrant
10-21 05:18 PM
he he .. was wondering the same... was thinking it was about a different time dimension :P....
this time it is revised under "Reuniting Families Act" ... lets see how this goes...
Expecting the ... and hoping for the best :)
this time it is revised under "Reuniting Families Act" ... lets see how this goes...
Expecting the ... and hoping for the best :)
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martinvisalaw
10-22 01:50 PM
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
yes
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [
Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa
yes
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [
Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa
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StarSun
02-10 09:41 AM
The call is on Thursday (today). Please send in your questions as soon as possible to IVCoordinator@gmail.com
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mambarg
09-20 05:38 PM
The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.
I dont understand the reason of why they want to accept when current only ?
If they do not accept 485, we do H1 renewal, if they do accept 485, we do EAD renewal. But EAD renewal is easier and involves only employee and gives enough freedom. H1 does not.
So All H1 holders till July 2007 , will no longer renew H1's ?
I dont understand the reason of why they want to accept when current only ?
If they do not accept 485, we do H1 renewal, if they do accept 485, we do EAD renewal. But EAD renewal is easier and involves only employee and gives enough freedom. H1 does not.
So All H1 holders till July 2007 , will no longer renew H1's ?
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chantu
01-15 11:16 AM
I have one question that I will post here. I do not want to open a new thread.
I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".
Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".
I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.
Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??
Thanks.
I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".
Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".
I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.
Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??
Thanks.
ab_tak_chappan
08-12 10:18 PM
Celebration should not need a reason :)
Thought this might help when the mood is gloomy, folks are tense n stressed out, checking visa bulletin every minute :D
hurrah!....
..
...
...
wait a min..success of what??
Thought this might help when the mood is gloomy, folks are tense n stressed out, checking visa bulletin every minute :D
hurrah!....
..
...
...
wait a min..success of what??
john2255
07-20 02:46 PM
am sorry to start a new thread but I feel the following thread is not getting the importance it should get. Everyone please dont miss the following thread. Its a big defeat during our celebrations.
http://immigrationvoice.org/forum/showthread.php?t=10751
Major loss to us Cornyn amendment rejected
http://immigrationvoice.org/forum/showthread.php?t=10751
Major loss to us Cornyn amendment rejected
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