pappu
09-14 06:20 PM
Thanks to all those who tuned in.
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fcres
07-12 04:43 PM
I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.
This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.
This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.
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ski_dude12
09-26 12:56 PM
Please update profile before someone can help.
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tikka
05-29 04:00 PM
I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
I think you need to have a masters plus a 4-5 years of experience to be eligible to apply under Eb-2. Also, you would have to redo the entire process of applying in EB2.
Dont think anyone can really guess if EB 3 will be current by July.
Please do take a few minute and send web faxes!!
Thank you
I think you need to have a masters plus a 4-5 years of experience to be eligible to apply under Eb-2. Also, you would have to redo the entire process of applying in EB2.
Dont think anyone can really guess if EB 3 will be current by July.
Please do take a few minute and send web faxes!!
Thank you
more...
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amitga
12-06 04:41 PM
I came from India to US on a intercompany transfer on L1 Visa. After 3 yrs I left the company and joined another one on H1B. Now I Joined back the old company and in the mean while my old company sold its Indian subsidiary. I am asking them to file an EB1 for me, but they are telling me that since they have sold the Indian Subsidiary, now they cannot file EB1 based on that company transfer.
In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.
Please let me know your view.
In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.
Please let me know your view.
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eb3_nepa
11-06 04:30 PM
Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.
I was wondering if I could use the Heallth care angle for the H1b Non Cap
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.
I was wondering if I could use the Heallth care angle for the H1b Non Cap
more...
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logiclife
06-25 06:36 PM
Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.
Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.
Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Thanks.
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.
Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.
Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Thanks.
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dreamgc_real
12-06 02:06 PM
Dream Act is a moral issue and being fair to the kids who have made this country their own.
Recapture - Legal immigrants who lost visa numbers due to bureaucratic mistakes, should not be punished. Most of the people seeking recapture have followed every law written in the books and this too is a moral issue - to be fair to the people who did everything right.
Granted, both the dream act students and eb immigrants are in the mess, and it needs to be fixed. The only difference is that the Dream kids have been more vocal and active in getting people to back their issue than we have done.
Recapture - Legal immigrants who lost visa numbers due to bureaucratic mistakes, should not be punished. Most of the people seeking recapture have followed every law written in the books and this too is a moral issue - to be fair to the people who did everything right.
Granted, both the dream act students and eb immigrants are in the mess, and it needs to be fixed. The only difference is that the Dream kids have been more vocal and active in getting people to back their issue than we have done.
more...
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chanduv23
12-25 11:30 AM
Great Idea!
I'm thinking of printing some and leaving it in local worship places mostly visited by immigrants(in my case its a hindu temple)
You can post it on the notice board. Generally temples charge $2 or $5 for putting up a notice.
I'm thinking of printing some and leaving it in local worship places mostly visited by immigrants(in my case its a hindu temple)
You can post it on the notice board. Generally temples charge $2 or $5 for putting up a notice.
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cagcwait
02-21 05:00 PM
Info posted by BerkeleyBee in a different thread. This should be in the Resources section..
************************************************** ********
BerkeleyBee's post in CA - Meet the Lawmakers thread
Meeting with Dianne Feinstein's staff
--------------------------------------------------------------------------------
Feb 15, 2006
Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
� They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
� The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
� They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.
2.Content
� They repeatedly said they were impressed with our presentation (go check it out).
� They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
� They liked the fact that we printed and bound two copies of the presentation to give them.
� We also gave them copies of our tri-fold brochure
� We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlib...eport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html
e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
� We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
� They wanted to know more about how our meetings with other lawmakers are going.
� I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
� They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
� Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
� Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
� Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
� Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
� Ask how you can follow up with them, what they would like you to do
� Write to thank them for their time and reiterate your basic points
************************************************** ********
BerkeleyBee's post in CA - Meet the Lawmakers thread
Meeting with Dianne Feinstein's staff
--------------------------------------------------------------------------------
Feb 15, 2006
Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
� They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
� The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
� They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.
2.Content
� They repeatedly said they were impressed with our presentation (go check it out).
� They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
� They liked the fact that we printed and bound two copies of the presentation to give them.
� We also gave them copies of our tri-fold brochure
� We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlib...eport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html
e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
� We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
� They wanted to know more about how our meetings with other lawmakers are going.
� I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
� They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
� Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
� Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
� Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
� Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
� Ask how you can follow up with them, what they would like you to do
� Write to thank them for their time and reiterate your basic points
more...
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InTheMoment
08-04 02:24 PM
Sure...cannot deny your experience, but since my spouse had gone twice to the SS office, first to change her name and then to remove the restrictions after GC and I as well; on all occasions we were never asked for the old SS nor did they take it when we offered. They specifically mentioned that they do not need to see old cards. So if you surrendered, good for you.
That said, I would say, it is better to destroy old SS cards to avoid confusion in our records as well as... why have old useless cards with SS numbers on them lurking around anyways. I shredded ours at home :p
We cannot keep 2 Social Security cards at the same time.
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
That said, I would say, it is better to destroy old SS cards to avoid confusion in our records as well as... why have old useless cards with SS numbers on them lurking around anyways. I shredded ours at home :p
We cannot keep 2 Social Security cards at the same time.
They took my card and put into a drawer containing old returned card.
I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
You can apply for a new card without the old card if you inform the card is lost.
You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.
Name change, taking out the restrictions will not count towards the replacement limit.
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namm80
01-10 08:47 PM
This rep is pretty much saying what i said in my previous posting. But don't rely too much on what any rep says....call again and u will get a different unrelated reasoning that will confuse the hell out of u....:)
It's a sad state of affairs.
My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP
It's a sad state of affairs.
My husband's case was transferred from CSC to TSC. We haven't received the FP notice yet. USCIS status "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office". when we called customer service cust service rep informed that we need to wait 180 days after the transfer for FP
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vedicman
10-21 09:56 AM
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
Two choices God:
1. Amen
2. Give him some sense :)
(Oh almighty, summon this old man away from us)
Two choices God:
1. Amen
2. Give him some sense :)
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mallu
10-01 12:39 PM
.....Currently the FBI name check system is a bonanza for a criminal. He/She will have 2 - 3 years to commit the crime, before the FBI catches up with him/her.
.....
They are not dumb , they might be already keeping a watch on you while on soil.
.....
They are not dumb , they might be already keeping a watch on you while on soil.
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raysaikat
05-25 01:50 PM
Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?
Whether or not he has abandoned his green card application depends on many factors. Did he apply for AP before traveling and was it approved? Did he reenter with AP? Did he file tax return as resident or non-resident?
Anyway, your problem is too specific for a forum. You need to speak with an immigration lawyer.
Whether or not he has abandoned his green card application depends on many factors. Did he apply for AP before traveling and was it approved? Did he reenter with AP? Did he file tax return as resident or non-resident?
Anyway, your problem is too specific for a forum. You need to speak with an immigration lawyer.
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needhelp!
03-09 03:12 PM
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79
(http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
22 CFR, Part 42, Sec 42.53
Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203a&s_type=all&hash=0-0-0-1337) or (b) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203b&s_type=all&hash=0-0-0-1343) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.
[WIKIfication needed]
(http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c4934c1786b99f1896b1c58f5df66 d79)
22 CFR, Part 42, Sec 42.53
Sec. 42. 53 Priority date of individual applicants.
(a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
(b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203a&s_type=all&hash=0-0-0-1337) or (b) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7Cslb&s_fieldSearch=foliodestination%7Cact203b&s_type=all&hash=0-0-0-1343) .
(c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.
[WIKIfication needed]
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copsmart
06-16 09:07 AM
bump!
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manand24
09-28 08:02 AM
EAD - Card production ordered for me and my wife on 09/27/2007.
See signature for details:
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 9:00AM
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 8:00AM
See signature for details:
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 9:00AM
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 8:00AM
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snathan
01-22 08:25 PM
I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.
So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?
Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.
PS: Check with attorney.
spaceguy
03-26 08:03 PM
Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
I never heard this? Any references to confirm this?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
I never heard this? Any references to confirm this?
sgupta33
03-20 05:05 PM
Thank you ZCool for the information.
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