msp1976
02-06 04:19 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country...His wife entered too....He is working for company B... This is one experience.......
If anyone has experience of entry being denied in this situation please post...I would want to know.....
The USCIS information systems are very antiquated...I donot think the right hand knows what the left hand is doing...In the end all I can say is it is your own risk...Your wife may be able to use the last H4 and get away with it.....
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
I have a friend...He had H1 stamped on his passpost when he was with company A..He changed job went to company B...He went to India...Got married..Got his wife's H4.. He did not go to restamping for his own visa stamp..They came back to US....This is firsthand I know....His own H1 stamp is still company A stamp...He could reenter the country...His wife entered too....He is working for company B... This is one experience.......
If anyone has experience of entry being denied in this situation please post...I would want to know.....
The USCIS information systems are very antiquated...I donot think the right hand knows what the left hand is doing...In the end all I can say is it is your own risk...Your wife may be able to use the last H4 and get away with it.....
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wonderlust
08-08 05:27 PM
This is correct. I went to USPS a couple days ago. If I fill out the inquiry form and send it in to USPS headquater, they will track it. If it is cashed, they'll let me know who cashed it. If it is not cashed 60 days from when you first bought the money order, USPS will refund the money to me.
The problem for us is: given the chaos and delay in the immigration process, we cannot be sure the USCIS cashes the check within 60 days of receiving it. If we file inquiry for the Money Order with USPS, we risk canceling the MO before USCIS can cash it. Then our case is screwed...
I hate USPS... They should have offered the option to seperat simple inquiry and request of refund... I cannot believe this sh&*&*!:mad:
Good luck to us anyway. Next time, use your personal check or MO from your bank...
>>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
The problem for us is: given the chaos and delay in the immigration process, we cannot be sure the USCIS cashes the check within 60 days of receiving it. If we file inquiry for the Money Order with USPS, we risk canceling the MO before USCIS can cash it. Then our case is screwed...
I hate USPS... They should have offered the option to seperat simple inquiry and request of refund... I cannot believe this sh&*&*!:mad:
Good luck to us anyway. Next time, use your personal check or MO from your bank...
>>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<
The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.
CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.
If cashed they give you the person's ID who cashed it.
So, wait for a while before you invoke the process.
Redeye
01-08 04:14 PM
However I got two sets of EAD and first set AP with second AP approved (latest from this morning). I am also travelling to India, technically I am in the US for both AP approvals. Done both finger printings. Not sure if this will cause a problem down the line.
My attorney said we should wait until we hear back from CIS asking to withdraw one of the application.
My attorney said we should wait until we hear back from CIS asking to withdraw one of the application.
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starving_dog
09-01 09:39 AM
That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think she was abducted by aliens, because she is one.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
I wanted to start this thread in members only, but it wouldn't let me.
Thanks.
more...
rolrblade
06-26 08:44 AM
Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.
Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.
Thanks!
I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.
gc_on_demand
05-20 02:32 PM
Let's also help...people who did not file for AOS yet!!!
Please update poll. I request all senior members and people who visit this site to update poll.
thanks all in advanvce..
Please update poll. I request all senior members and people who visit this site to update poll.
thanks all in advanvce..
more...
deardar
07-06 10:55 AM
Brother why ?
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akred
04-17 12:07 AM
It does not matter when no bill is passed and also we are not even close to it. This is giving just false hope .Hope for best and prepare for worst
True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).
True. Best possible window of action may be immediately after a Democratic victory in 08. Probably will take another Clinton to undo what the first Clinton wrought with 245(i).
more...
prince_waiting
08-30 09:49 PM
You cant file H1 on your own. You need ur employers signature on it and ur employer has to file the petition. Even if you beat all that it is still very very risky to file on your own.
I am not filing on my own, I am trying to just do the paper work on my own and try to save unnecessary attorney fees. Of course my employer is going to sign the forms.
I am not filing on my own, I am trying to just do the paper work on my own and try to save unnecessary attorney fees. Of course my employer is going to sign the forms.
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senthil
01-30 07:47 AM
seem like you clearly know the reason what caused this. as mentioned by our friends, right supporting documents and a good attorney should get your job done like a piece of cake. good luck.
more...
freeskier89
01-14 12:35 AM
I'm impressed! :) Very nice work!!
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jsb
01-08 10:03 AM
Effective June 2007, any agreement relating to recovering immigration fees from employees, or asking them to work for specific period after getting GC, are illegal. You can find details on the following link.
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
http://www.lanepowell.com/pdf/pubs/ih_2007_002.pdf
more...
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onemorecame
06-26 04:14 PM
Paying all money from my own pocket
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rsayed
04-20 05:54 PM
04/20/2007: Immigration Reform Growingly Picks Up Heat
Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.
http://www.immigration-law.com/
It is a positive update - hopefully, these "behind the scenes" or "back-door" lobbying efforts/activities will help alleviate the Retrogression situation.
If there is any chance, it is 2007. In the past 2-3 years, there have not been so many Bills in the House and Senate, aiming at solving the Immigration situation.
I just read the following update on www.immigration-law.com -
04/20/2007: House Version of SKIL Bill, H.R. 1930, Introduced in the House on 04/18/2007
Congressman John Shregg from Arizona introduced the SKIL Act of 2007 in the House on Wednesday, 04/18/2007. This is a bill which is identical to the Sen. Cornyn's bill in the Senate. These two legislators also introduced the identical bills in the House and the Senate last year. The full text has yet to be published, but the text is considered identical to the Cornyn bill. Rep. Shregg strongly opposes the comprehensive immigration reform legislation that includes legalization of illegal aliens.
The EIA, Electronics Industries Alliance, supports this bill, particularly H-1B reform, but asks that the SKIL and H-1B reform be enaced as part of the Comprehensive Immigration Reform legislation.
Along with more and more number of bills which are being introduced in the Congress, the constitutents of pro and con in the communities start mobilizing their muscles. Currently, the Senate debate schedule remains the last two weeks of May and these groups started acting up to pave a way for building a lofty wall against or smoothens the road for passage of this legislation. The Catholic community is very charged in support of the bill and actively lobbying both openly and behind the scenes to work with the legislators. People sometimes question why the Catholic community acts as one of the front lobbying forces for the CIR. You guessed it. Hispanics are Catholics and the CIR will tremendously expand the horizen of their constituents and its power base in the national political arena. Twelve or thirteen millions are not a small number. The same question is also raised relating to the AFL-CIO, labor unions. Again, you guessed it. The low-end industries and illegal aliens that will benefit from legalization are charaterized as workforces that belong to the organized unions. This is contrasted to the high-end industries and professional workers that are not by nature tightly organized into the unions. For the reasons, the unions tend to support the CIR, unlike the high-tech worker bills, to take advantage of expanding its membership and power base through the to-be-newly-recruited members of the unions. Aha...... Immigration proponents hope to see that legal immigration supporters and illegal immigration supporters quickly find a bed to share and become bed-partners such that the immigration reform legislation will move along more smoothly avoiding internal feuds and conflicts in the community.
http://www.immigration-law.com/
It is a positive update - hopefully, these "behind the scenes" or "back-door" lobbying efforts/activities will help alleviate the Retrogression situation.
If there is any chance, it is 2007. In the past 2-3 years, there have not been so many Bills in the House and Senate, aiming at solving the Immigration situation.
I just read the following update on www.immigration-law.com -
04/20/2007: House Version of SKIL Bill, H.R. 1930, Introduced in the House on 04/18/2007
Congressman John Shregg from Arizona introduced the SKIL Act of 2007 in the House on Wednesday, 04/18/2007. This is a bill which is identical to the Sen. Cornyn's bill in the Senate. These two legislators also introduced the identical bills in the House and the Senate last year. The full text has yet to be published, but the text is considered identical to the Cornyn bill. Rep. Shregg strongly opposes the comprehensive immigration reform legislation that includes legalization of illegal aliens.
The EIA, Electronics Industries Alliance, supports this bill, particularly H-1B reform, but asks that the SKIL and H-1B reform be enaced as part of the Comprehensive Immigration Reform legislation.
more...
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sundevil
03-17 06:12 PM
This employer already hurt you by revoking your 140 and seems like you are not a big fan of his. Why don't you file a WH4 form with DOL for Feb'08 to Apr'08 salary. That way it becomes your ex-employer problem and you can explain your status all the way from Jan'08 to Apr'08.
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I�m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I�m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
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kvrr
06-26 04:24 PM
I pay all costs for anything related to GC. One new fees is my lawyer/company are charging $1000 for preparation of application for adjustment of status on expedited basis during July 2007. This is in addition to the legal fees $1500 for 485, $500 for EAD and $ 400 for Advance parole. I am paying around $8000 for me and 2 dependents for 485/EAD/AP.
more...
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GCNirvana007
04-07 03:40 PM
Hi,
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
There is no rule in paper yet not to allow H1B workers in TARP to enter USA. Having said that, you belong into the category of every other legal H1B immigrant.
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
There is no rule in paper yet not to allow H1B workers in TARP to enter USA. Having said that, you belong into the category of every other legal H1B immigrant.
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aquagirl
05-22 09:31 PM
Where in the application on the vfs website, can I add another family member? I was not able to find the place to enter another petition no. or passport no.
If we can only take one appointment per family, will the counsulate people review both, my husband's and my H-1 docs together?
Thanks
If we can only take one appointment per family, will the counsulate people review both, my husband's and my H-1 docs together?
Thanks
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belmontboy
02-15 01:29 PM
If each state in India were a country
There would have been no backlog.
dude people are fighting EB2 Vs Eb3 war.
Why do u want to ignite one state Vs another state war now??
Don't u have better to do with your spare time?
Admin, please delete this useless thread. We have enough topics to crib/fight/backstab about!!!
There would have been no backlog.
dude people are fighting EB2 Vs Eb3 war.
Why do u want to ignite one state Vs another state war now??
Don't u have better to do with your spare time?
Admin, please delete this useless thread. We have enough topics to crib/fight/backstab about!!!
factoryman
06-30 02:28 PM
rajes_kamisetty's post. He didn't express desperation. On the contrary. Please be kind. Charity begins at home.
There is nothing the core team can do or initiate. They can't act on assumptions. No one can.
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
There is nothing the core team can do or initiate. They can't act on assumptions. No one can.
The desperation of your post suggests that you don't need direction, you need therapy. We just need someone to give us some assurance that we will all be fine and live to see the light of the day on Tuesday even if DoS sends out a revised Visa Bulletin. At this time, I too need similar assurance from someone. Can anybody help?
acecupid
07-11 05:31 PM
Lets not get over board with excitment. Over doing it might be considered as harassment. Besides we have achieved the main goal of the campaign. Lets focus our resources to the rally. I think media attention thru flower campaign, rally and lawsuit are excellent strategies in increasing order of intensity to push for our cause. I'm glad you are excited to take this a step further, but lets focus our energy in the right direction!:)
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