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  • zoooom
    10-26 04:51 PM
    Thank you guys...Its just the lawyer that keep insisting on getting her H4 stamped...I want her to use her AP (and thats what we will do)...I am going to maintain my H1 status BTW.




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  • ajp5
    02-25 12:56 AM
    Sorry to hear about your situation. Many people are in a similar boat. Even though it may not mean much now, only tough times like these give us an opportunity for introspection & give us a chance to improve our lives. So hang on. all the best. answers below.




    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
    If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
    Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
    I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.

    Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice

    Thanks a lot for your time. I appreciate your help in this regard.




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  • Ramba
    05-19 02:31 PM
    I 140 : approved last month
    I 485 : July 07 filer passed 180 days
    GC Process : Substition Labor / Future employment

    The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.

    I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?

    Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.

    Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.




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  • jasmin45
    08-10 10:24 PM
    Dude,

    Just don't even spend your time on this or any message board. Come to US ASAP and file before 17th August. You can add your wife later.

    retrogression!... if dates does not move and your wife were not able to file 485 before they approve your AOS... she will be out of status the day your 485 gets approved if she were to stay in dependent status (H4).. she has 180 days from the date of your approval to file hers.. if that doesn;t happen.. then she will have to leave the country to avoid problems..

    I would say file it together.. thats the best..



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  • GreenCard4US
    03-20 04:57 PM
    http://www.hindu.com/thehindu/holnus/000200903210312.htm
    Saturday, March 21, 2009

    Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.

    The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.

    These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.

    "Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.

    All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.

    "USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.

    This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.

    Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.

    USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.

    While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.

    At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.

    USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.

    The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.




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  • GooblyWoobly
    10-17 03:47 PM
    interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
    Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer

    This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
    1. Non-immigrant status (H1B/H4 etc).
    2. Pending AOS status.

    You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.

    I might be wrong though.



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  • HV000
    04-07 10:39 AM
    Just got it. Right now.Thanks guys.

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Approval notice sent.

    On April 7, 2008, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    GOOD. Go get a massage!! :)




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  • myimmiv
    12-17 02:24 PM
    Thank you kartikiran and sss777 for your quick replies



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  • psychman
    11-11 07:00 PM
    This is almost identical to the Modifying a Databound Collection case: http://www.kirupa.com/blend_wpf/modifying_databound_collection_pg1.htm


    Thanks again Kirupa. I went back over the above post and it helped me answere some of the questions I had, but I do have one more if you don't mind. I have this little project almost wrapped up now. When complete the app will do the following:

    -Imports Metadata.xml file generated by Deep Zoom Composer
    -On import it will populate the databound image and text boxes with the original data
    -On import it will also add four new "tag" elements to the original xml file
    -The user will be able to navigate all of the original images and coresponding tags (your MIX08 presentation helped me create the navigation piece ((thanks!))
    -The user can add new "tag" data to any of the old and new fields and the new data will overwrite the original xml file when the "save" button is clicked.

    I have everything working great. Now I just need to figure out how to take my new "tag" elements and add them into all of the nodes on import. I know how to do this to one node, but I am not sure how to add the new elements to every "Image" node in the file. Here is the code I am using to make this work for the first node:



    XmlDocument doc = new XmlDocument();
    doc.Load (variable pointing to xml file);

    XmlDocumentFragment docFrag = doc.CreateDocumentFragment();
    docFrag.InnerXml = " test ";
    doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);

    doc.Save("Metadata.xml");




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  • previsun
    10-04 11:05 AM
    Not sure if it has been posted before but I came across this on Ron Gotcher's site. Someone posted it from a Chinese EB3 website. Scroll to page 46 and you can see the waiting list details for EB3-India. Disclosure - I make no claims to its accuracy so don't flame me :-)

    http://www.eb3chinese.org/resources/E3+Waiting+List.pdf

    Is there an equivalent for EB2 in the same website pls ?

    Regards



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  • gc_dream07
    01-31 09:39 PM
    Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.




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  • YesGC_NoGC
    10-09 05:15 PM
    The only good part is that they are not jerking the dates back and forth. Hopefully this is a sign that dates are not going to retrogress any further.

    If they apply quarterly spill over, we should see some movement in December. Lets wait and see......


    What else ?



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  • kprgroup
    12-29 09:31 AM
    Is anyone know,can we withdraw H1-P application when RFE received?




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  • Uncertain
    04-28 04:05 PM
    Please explain why not?

    I think if 5000 people from EB3 India with PD in 2007 moved to EB2, then that means 5000 people are reduced from the EB3 India queue?



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  • psychman
    11-11 07:00 PM
    This is almost identical to the Modifying a Databound Collection case: http://www.kirupa.com/blend_wpf/modifying_databound_collection_pg1.htm


    Thanks again Kirupa. I went back over the above post and it helped me answere some of the questions I had, but I do have one more if you don't mind. I have this little project almost wrapped up now. When complete the app will do the following:

    -Imports Metadata.xml file generated by Deep Zoom Composer
    -On import it will populate the databound image and text boxes with the original data
    -On import it will also add four new "tag" elements to the original xml file
    -The user will be able to navigate all of the original images and coresponding tags (your MIX08 presentation helped me create the navigation piece ((thanks!))
    -The user can add new "tag" data to any of the old and new fields and the new data will overwrite the original xml file when the "save" button is clicked.

    I have everything working great. Now I just need to figure out how to take my new "tag" elements and add them into all of the nodes on import. I know how to do this to one node, but I am not sure how to add the new elements to every "Image" node in the file. Here is the code I am using to make this work for the first node:



    XmlDocument doc = new XmlDocument();
    doc.Load (variable pointing to xml file);

    XmlDocumentFragment docFrag = doc.CreateDocumentFragment();
    docFrag.InnerXml = " test ";
    doc.DocumentElement.FirstChild.NextSibling.AppendC hild(docFrag);

    doc.Save("Metadata.xml");




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  • 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.



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  • acecupid
    08-27 10:15 AM
    Definitely possible. I know collegues in my company who have done that.




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  • grupak
    03-25 11:34 AM
    Income must be passive type meaning it should not exceed the income which iam getting on my present H1job or anything else which iam missing.

    Not sure the precise definition of passive exists. I would take it to be not involved in any business decisions or day-to-day running of the business. Just putting in the money and letting the CEO and the rest make all the decisions as in buying stock is passive. I may be wrong.




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  • julsun
    09-27 10:19 AM
    I filed for AOS in Aug 07, my attorney advised me that we could combine the checks payable to USCIS for family members (EG: in place of one check for my 485 and one more for my wife we could combine both the checks for 485 and issue a single check for twice the amount). Based on the above, i issued 1 check for 485, 1 for EAD, 1 for FP and 1 for AP.

    Now my checks have been cashed and i am able to see the receipt number on the back of the cashed check. I see two receipt numbers on the back of the checks for EAD and AP however i see only 1 receipt number on the back of the check for 485 (and the same number on the back of the check for FP)

    Did any body else also send combined checks? Did you get a single receipt number or multiple numbers?

    Thanks.

    My EAD cheques got encashed today. I had sent a single cheque for myself and my wife. I do notice two LIN numbers on the back of the cheque. BUT when i search for those numbers on USCIS website its says number DO NOT exist in the system. Has anyone faced similar issue?

    Thanks




    indyanguy
    08-08 06:55 PM
    Does this logic hold good for i-140 processing as well? My 140 went through the NSC-CSC-NSC route and I really hope it's processed based on NSC timelines!!

    Edit: Wait a minute, 140 times are not even listed in CSC processing times (https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC)




    EndRetro
    04-19 01:49 PM
    Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.

    I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).

    This is the response to a MAIL that I had sent to the MUMBAI consulate!!

    ************************************************** ********
    MUMBAI, N IV to me
    Apr 18 (1 day ago)

    "Returning workers can apply in any of the four U.S. consulates in India."

    It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
    It may be harder to qualify for the visa if you are not applying in your
    own district.
    The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.

    Application fees in this case will NOT be refunded.

    Best regards,

    Non Immigrant Visa Section/wds
    U.S. Consulate General Mumbai


    ************************************************** ********