hariswaminathan
10-04 01:02 PM
Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
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tempgc
10-17 02:25 PM
Thanks vaishu
whyregisteration
12-13 02:40 PM
strongly support :)
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pappu
11-20 01:27 PM
If you are a IV member living in NY and want to be actively engaged in the NY chapter activities, please send a PM to bottlemani. If all those in NY get together, it will be easier to plan joint visits to congress people: house members and senators. Even if you don't have a car, we will be able to coordinate better if we know you are willing to spare some time.
I am sure there are many members in NY. It is a big state with several businesses.
Please do remember: we have to do something more actively in order to get out of this mess. The more we procrastinate, the worse it will get. If you have suggestions, regardless of whether you live in NY, please do post them here.
As a first step, please put your name on the NY chapter.
http://immigrationvoice.org/forum/forumdisplay.php?f=49
Thank you qplearn and bottlemani for taking a lead in your state chapter.
I am sure there are many members in NY. It is a big state with several businesses.
Please do remember: we have to do something more actively in order to get out of this mess. The more we procrastinate, the worse it will get. If you have suggestions, regardless of whether you live in NY, please do post them here.
As a first step, please put your name on the NY chapter.
http://immigrationvoice.org/forum/forumdisplay.php?f=49
Thank you qplearn and bottlemani for taking a lead in your state chapter.
more...
askreddy
06-24 10:24 PM
Hi
After changing the address on sunday, there were soft luds for 2 days on all pending 485.
Is this same with all address change.Last time it took 3 weeks to get the letter.
Any experiences?
Thanks
Sree
After changing the address on sunday, there were soft luds for 2 days on all pending 485.
Is this same with all address change.Last time it took 3 weeks to get the letter.
Any experiences?
Thanks
Sree
billu
10-24 12:17 PM
My company attorney has mailed my I-140 application to NSC for premium processing on 12th october by priority mail. Waiting for receipt notice.
The amount of $1000 has been deducted but it has been through online banking and not the check, so there is no way yet to determine the case number. How many days does it usually take for NSC to issue a receipt notice? Is it quicker for PP cases?pls do reply.thanks.
The amount of $1000 has been deducted but it has been through online banking and not the check, so there is no way yet to determine the case number. How many days does it usually take for NSC to issue a receipt notice? Is it quicker for PP cases?pls do reply.thanks.
more...
IV2007
08-13 09:53 AM
How on earth will I knw who she is. All I know is, that's the name on my
tracking reciept acknowledged by at NSC on July 2nd at 2.35 P.M.
What's the confusion ? I guess she's employed at NSC :D
With USCIS playing with our fate - we need to look at all possible issues..
tracking reciept acknowledged by at NSC on July 2nd at 2.35 P.M.
What's the confusion ? I guess she's employed at NSC :D
With USCIS playing with our fate - we need to look at all possible issues..
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adithi123
04-22 05:55 PM
I called up USCIS office. They have confirmed I need to send it to the one on the printout.
I have got my Receipt Notice
PS: I hunted on this topic for 20 minutes on the IV forum before I put this post..
-Abhi
I have got my Receipt Notice
PS: I hunted on this topic for 20 minutes on the IV forum before I put this post..
-Abhi
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sri1973
11-04 05:55 PM
Sorry..............
RD- 08/14/07
RD- 08/14/07
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kirupa
05-16 02:30 PM
You could try to draw the C manually or use a pixel font that is better suited for the blocky look ;)
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JunRN
01-26 08:49 AM
Sorry to hear that...a simple mistake will cause your wait to become longer. I hope your lawyer or company compensated you for all the expenses you incurred during that period. It was truly frustrating.
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BumbleBee
07-27 05:52 PM
Its complicated and gray area, I haven't seen any success from anybody yet.:confused:
There are two ways of porting older priority date
#1 if your old PD is stuck in backlog center, file a new perm labor with exact same wordings( same category too ), this is well documented.
#2 If you have an approved labor(can be substituted also) and approved I-140, then file a new labor with any employer under any category(eb2 in your case). Once labor is approved, at the time of filling new I-140, you need to specify that you want to port priority date of previously approved I-140. Specify relavent memos too, try finding attorney who knows or have done this atleast once :D
"EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied"
priority date from above labor can only be captured if it gets approved and employer files and get I-140 approval for this labor, and then you go ahead and file a new I-140 for your already approved EB2 specifying need to recapture old PD.
This is all from top of my head w/o having any degree in relavent field, please talk to attorney before taking any action blah blah blah.......
BumbleBee
There are two ways of porting older priority date
#1 if your old PD is stuck in backlog center, file a new perm labor with exact same wordings( same category too ), this is well documented.
#2 If you have an approved labor(can be substituted also) and approved I-140, then file a new labor with any employer under any category(eb2 in your case). Once labor is approved, at the time of filling new I-140, you need to specify that you want to port priority date of previously approved I-140. Specify relavent memos too, try finding attorney who knows or have done this atleast once :D
"EB3 - Labor filed - Aug, 2004 - BackLogged - Philadelphia - 45 day letter - Replied"
priority date from above labor can only be captured if it gets approved and employer files and get I-140 approval for this labor, and then you go ahead and file a new I-140 for your already approved EB2 specifying need to recapture old PD.
This is all from top of my head w/o having any degree in relavent field, please talk to attorney before taking any action blah blah blah.......
BumbleBee
more...
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impala
09-18 01:27 PM
god,,,this betrayel is killing me,,,,,can't able to digest this news,,,,
my dates are NOT current also ...
any advise?...
my dates are NOT current also ...
any advise?...
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gh0st
06-24 03:20 PM
I voted for grinch becuase his second image was amazing!
But this was a tough battle, great job guys
But this was a tough battle, great job guys
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number8
04-14 04:10 PM
Hi Experts,
My 140 was recently transferred from Nebraska to Texas after waiting 13 months. RD is March 2007. My company's lawyer contacted USCIS to open an SR as Texas is processing July/Aug 2007 applications and past my processing dates. USCIS refused to open an SR and advised that my application will be treated a new one and will be processed after the other application received in April 2008.
I think USCIS should honor the original RD when a case is transferred from one service center to the other.
I am shocked. I have already waited for 13 months and don't feel this is fair.
I am not sure what are my options are now? I am thinking to contact Ombudsman and local congress man.
Please advice.
My 140 was recently transferred from Nebraska to Texas after waiting 13 months. RD is March 2007. My company's lawyer contacted USCIS to open an SR as Texas is processing July/Aug 2007 applications and past my processing dates. USCIS refused to open an SR and advised that my application will be treated a new one and will be processed after the other application received in April 2008.
I think USCIS should honor the original RD when a case is transferred from one service center to the other.
I am shocked. I have already waited for 13 months and don't feel this is fair.
I am not sure what are my options are now? I am thinking to contact Ombudsman and local congress man.
Please advice.
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ssdtm
11-30 04:38 PM
- My friend has not been paid by his current employer. So no pay-stubs what so ever
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
more...
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gtg506p
10-26 01:14 PM
Yea. Thats true. I will think about it. It is possible to receive receipt in one week under normal circumstances. When I had applied for 140 (Regurlar Processing) in May before the fiasco I received receipt in 3 days.
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sushant_s
08-25 09:19 PM
Hi All,
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
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immi2006
07-01 08:14 AM
Hi,
I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.
They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.
Do you think there is any truth to the previous statements of my friend ?
I want to know how this can be possible. A few folks who work with me claim that some folks whom they know well have got GC in Feb 2007, even though there PD is June 2005.
They are all from India. I am sitting here with Aug 2001 PD, just cleard from BEC and waiting to file 140 and 485.
Do you think there is any truth to the previous statements of my friend ?
cse9423
10-13 10:35 PM
I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.
battineni
06-21 11:07 AM
Hi,
Presently workig for company "A"
My PD : Mar 2004 - EB3
140 - Approved - Mar 2008
Now I'm planning to move to another company("B").
What are the chances to keep my PD, even though my company "A" revokes my 140?
what are the chances/risks for Company"A" to revoke my 140??
Thanks for your time.
Presently workig for company "A"
My PD : Mar 2004 - EB3
140 - Approved - Mar 2008
Now I'm planning to move to another company("B").
What are the chances to keep my PD, even though my company "A" revokes my 140?
what are the chances/risks for Company"A" to revoke my 140??
Thanks for your time.
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