kaisersose
07-28 03:48 PM
Hi,
I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.
Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.
If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?
Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?
To keep your L alive after Oct 1st, you should travel out of country before that date and return on L on or after the 1st.
But now your H will no longer be valid. To activate it, you will have to go out, get a visa stamped and return using the new visa. Alternatively, you can also apply for a brand new H-1b as you have been counted against the cap. This new H-1b can be applied as a change of status from L.
I am presently working on L1B for company A. This year Company B applied for H1B and same is approved received the approved letter with I-94.
Now I would like to continue in my current job with Company A till I find long project (Minimum 6 Months). My question here is can I continue in my current job after OCT 1st in my L1B Status.
If I want to continue in L1B status what should I do? As of I heard if I travel out of the states and reentered in US after OCT2nd on L1B visa I can continue with L1B status. then what happens to my H1B status? Can I directly move to H1B status when I find a project from Company B?
Please let me know how I should proceed to keep L1B and H1B status valid after OCT1st?
To keep your L alive after Oct 1st, you should travel out of country before that date and return on L on or after the 1st.
But now your H will no longer be valid. To activate it, you will have to go out, get a visa stamped and return using the new visa. Alternatively, you can also apply for a brand new H-1b as you have been counted against the cap. This new H-1b can be applied as a change of status from L.
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krishnam70
02-20 08:05 PM
Hello All,
I am going to India and have to go for stamping. I come under Chennai consular district but planning to go to Delhi because of high rejection rate in Chennai.
First thing, I am not sure if I can go to Delhi when I come under Chennai consular district.
Second thing is, should there be a valid reason with supporting documents for attending the visa appointment in Delhi instead of Chennai.
Your thoughts and experiences on the above points would be very helpul for me in resolving this issue. Thanks a lot.
Why not any of the consulates in Mexico ( Juarez, nogales, el paso etc). If you have all the documents related to your employment and are able to prove you are still working and necessary for your job you should get your visa. It all depends on the documents presented and some of it on your luck
- good luck
kris
I am going to India and have to go for stamping. I come under Chennai consular district but planning to go to Delhi because of high rejection rate in Chennai.
First thing, I am not sure if I can go to Delhi when I come under Chennai consular district.
Second thing is, should there be a valid reason with supporting documents for attending the visa appointment in Delhi instead of Chennai.
Your thoughts and experiences on the above points would be very helpul for me in resolving this issue. Thanks a lot.
Why not any of the consulates in Mexico ( Juarez, nogales, el paso etc). If you have all the documents related to your employment and are able to prove you are still working and necessary for your job you should get your visa. It all depends on the documents presented and some of it on your luck
- good luck
kris
chanduv23
09-16 10:08 AM
And what about Tri State folks - Tri State has the largest pool of talented skilled foreign workers stuck in the logjam.
All you have to do is just come forward
All you have to do is just come forward
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imconfused
05-25 11:02 AM
SRC.... so is it TSC ? considering its starts with SRC?
more...
Mirage_GC
06-23 05:18 PM
I fully respect that retrogression and per country limits are bad for us and the US economy as the first and the foremost of H1B issues.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
But, sometimes, some of us aren't able to reach that stage of the Green Card Queue.
Therefore, the H1B displaced workers due to employer malice and corresponding USDL long investigations leaves many without a recourse and bitterly exposed with families to feed and fend:
1. Some three GAO reports, two undercover, one published in NY Times on March 25, 2009 indicates that the WHD fails the complainants giving rise to apprehensions that once an employer creates problems, the H1B's USA plans are doomed, immaterial of how s/he was an integral part of the US economy.
2. To top this, the complainant is cornered as no process exists (regulatory/statutory) to give these stuck H1Bs' an immigration status, and they cannot find new jobs either due to economy or due to employer malice and lost the job in the first place due to retaliation.
3. Finally, when the H1B's complaint comes in the sixth visa year there is just no possibility to seek another H1B when no Green Card process is pending at the Labor Certification or its upper stages leaving a void in the H1Bs most sincere efforts to move on.
Therefore, further, I am requesting you and others at IV to please incorporate some semblance of a support structure once an H1B is reported to have failed due to employer created problems.
I suggest H1B SWAP Act (Skilled Workers Abuse Prevention) that will give at least an EAD and actually a pathway to LPR by having a box on form i485, once an H1B is successfully reported to the USDL to have failed.
I trust this information will be perused and I will be available to given additional input.
Incidentally, I am not alone as you must be aware. Hundreds and even thousands of Indian and other nationalities have had problems, that some are lucky to be able to move on and others get stuck, some even return home totally despaired. None of these individuals and there families are less valuable here.
I am articulating this for the benefit of one and many.
biznuge
03-01 08:21 AM
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more...
dreamworld
07-18 12:58 PM
I do not know about the number of recipts#, but if you gave the checks for the applications then most of the banks give images of cashed-check. That image will have the recipt number printed on the back side of check.
BTW, When did your 485 application/package reach USCIS? June or July 2007
BTW, When did your 485 application/package reach USCIS? June or July 2007
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glus
10-26 07:28 AM
I think it can be. When starting the employment based GC process, one of the question asked was ... has any family member ever applied for your immigration petition in the past. Just an educated guess... check with an attorney
This is not the purpose of this question you mentioned. This can't be done as is specifically not allowed in INA to transfer priority date from FB to EB. This is written into the INA 203(b)(1)(2)and (3). One can only transfer priority dates FB to FB and EB to EB but not otherwise.
Best Wishes
This is not the purpose of this question you mentioned. This can't be done as is specifically not allowed in INA to transfer priority date from FB to EB. This is written into the INA 203(b)(1)(2)and (3). One can only transfer priority dates FB to FB and EB to EB but not otherwise.
Best Wishes
more...
GCHope2011
07-10 03:54 PM
If you are questioned on educational equivalence of the 3+2 year degree's parity with US' 4+2 year bachelor + masters, and your education evaluator can make a strong case for it, you should be ok.
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balu_g
05-10 07:51 AM
He gets kicked out of the country.
abc, If this is a joke then it is good.
abc, If this is a joke then it is good.
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andr.in
10-09 09:04 AM
omg everything is s coool
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MIK18
01-14 10:46 AM
HI,
My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.
I missed filing I 1485 for my wife in july 2007.
My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?
What happens if they approve my I 485 before I file my wife's 485.
My EB2 perm labor was approved recently and thinking of filing I 140.
Trying to port my EB3 PD, 09/23/2003 to EB2.
I missed filing I 1485 for my wife in july 2007.
My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?
What happens if they approve my I 485 before I file my wife's 485.
more...
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justAnotherFile
01-31 07:21 PM
...
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patchsk
12-06 11:57 AM
I got my H1b tranfer in premium processing approved in 2 days, 2 days for receipt notice.
So all process is with in 1 week. This is for Vermont center though.
So all process is with in 1 week. This is for Vermont center though.
more...
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apahilaj
09-24 03:30 PM
It depends on the I-140 you requested USCIS to consider while you aplied for I-485. There is some process called interifling, where you can later request USCIS to use the I-140 with better priority date against the I-485 so you can avoid multiple I-485.
hello Jai_Immigration,
I am in a similar situation and was wondering if you have any idea...I had applied for my 485 using an approved I140. Last year I had another I140 applied (since the first 140 application was about to get denied) and this application is still pending at USCIS. USCIS has sent an RFE on this second application last week (which my lawyer hasn't received yet).
Do you think this second I140 application will cause any effect on my 485 application? I had used my first 140 which was approved for my 485 application.
Thanks.
hello Jai_Immigration,
I am in a similar situation and was wondering if you have any idea...I had applied for my 485 using an approved I140. Last year I had another I140 applied (since the first 140 application was about to get denied) and this application is still pending at USCIS. USCIS has sent an RFE on this second application last week (which my lawyer hasn't received yet).
Do you think this second I140 application will cause any effect on my 485 application? I had used my first 140 which was approved for my 485 application.
Thanks.
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Blog Feeds
06-24 04:30 PM
http://www.californiaimmigrationlawyerblog.com/tatoo.jpg
Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS field office in Sacramento (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=SAC&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA) includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.
It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tatoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association�s (�AILA (http://www.aila.org/)�) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:
Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant�s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9b60c646835045a30ceca097f0ca1 ba3). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.
More... (http://www.californiaimmigrationlawyerblog.com/2009/06/it_only_takes_a_tatoo.html)
Yesterday I went to a training for immigration attorneys in Sacramento, California. The jurisdiction of the USCIS field office in Sacramento (https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=SAC&OfficeLocator.office_type=LO&OfficeLocator.statecode=CA) includes the cities of Vallejo and Benicia so I thought it might be useful to hear about any new local procedures. While I did not learn anything new about what is happening at Sacramento USCIS, I did learn about new procedures being applied to applicants applying for visas abroad.
It seems that applicants who have tattoos are being screened more carefully at their medical appointments. The belief is that an individual with a tatoo may be involved in gang activity which furthermore may lead to that individual engaging in substance abuse. In a published article included in conference materials at the American Immigration Lawyers Association�s (�AILA (http://www.aila.org/)�) annual conference, immigration lawyers Fernando Rojas and Magda Montiel Davis, explain what is happening:
Panel physicians are asking applicants about the meaning of their tattoos and the medical personnel conducting the exam will take notes describing the tattoo. This interrogation could lead to further questions about the applicant�s possible gang affiliation and criminal history. Applicants with tattoos are also being questioned by the panel physician regarding their substance abuse history. Apparently, panel physicians are making the assumption that applicants with tattoos are more likely to do or abuse drugs. If the beneficiary admits to any drug use, Consulates will use this information against the applicant in order to deny the visa by making a substance abuse finding against them.A finding of substance abuse is serious because an applicant who is a drug user or abuser may be denied admission to the United States pursuant to Immigration and Nationality Act Section 212(a)(1)(A)(iv) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=9b60c646835045a30ceca097f0ca1 ba3). I would counsel anyone carefully who has a tattoo to be very honest about what the tattoo means. An applicant should be prepared to answer in- depth questions about something that may have been inconsequential to them. In my opinion, it would not be a bad idea to have the tattoo removed if possible. Of course the fact that a person has a tattoo does not mean that he or she is a substance abuser. It is scary that examiners are making that assumption, but I do not expect this scrutiny to go away. The best practice is to be aware that this questioning is taking place and to be prepared.
More... (http://www.californiaimmigrationlawyerblog.com/2009/06/it_only_takes_a_tatoo.html)
more...
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krishna.ahd
03-13 03:38 PM
here are the visa numbers used in 2006 for EB2 and EB3.
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
If everything goes well as planned atleast GC is assured for our children ( for some like me - grand children) .
EB-2: India(3,720), China(3,347), Canada(1,248)
EB-3 Skilled: Mexico(6,766), Korea(4,375), Philippines(4,114), Ecuador(3,747), Brazil(3,670), Poland(3,230), India(3,006), China(2,477), Pakistan(2,091)
Assuming there are atleast 300K Indians waiting for visa numbers in the EB2 + EB3 category (including dependents) and 6726 out of them were covered last year, we will have to wait for just another 44 years and 7 months to get an immigrant visa number. LOL
If everything goes well as planned atleast GC is assured for our children ( for some like me - grand children) .
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maximus
11-07 12:36 PM
I think cash for clunkers did this GDP increment, to an extent artificial. But still banks are reluctant to give loans to small business. Let us hope consumer spending increases next year leading to the natural increment of GDP
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pcs
01-25 09:38 PM
Dear IV Friend & Your better half,
IV does not support any abusive & insulting behaviour towards anyone incuding our worst adversary Lou Dobbs.
Please remember, we do have some members from antiimmigrant groups like numberUSA, who have created similar siyuations in the past.
Financial contribution is no doubt VITAL for our cause but we will never, I repeat never encourage any IV member to spoil their financial security to contribute towards IV. Please do not feel bad if you can not contribute ( we only feel let down by the people, who can contribute but do not do so)
I would request both of you to spread good word about IV & get us some active members & that will be great.
We are trying to POWER OF NUMBERS !!!!!!!!!!!
So cheer up & get active
Best wishes
IV does not support any abusive & insulting behaviour towards anyone incuding our worst adversary Lou Dobbs.
Please remember, we do have some members from antiimmigrant groups like numberUSA, who have created similar siyuations in the past.
Financial contribution is no doubt VITAL for our cause but we will never, I repeat never encourage any IV member to spoil their financial security to contribute towards IV. Please do not feel bad if you can not contribute ( we only feel let down by the people, who can contribute but do not do so)
I would request both of you to spread good word about IV & get us some active members & that will be great.
We are trying to POWER OF NUMBERS !!!!!!!!!!!
So cheer up & get active
Best wishes
peer123
12-04 03:29 PM
Hi all,
I am trying to use an existing labor from my company which has oct 2001 priority date. To date I have nine years experience and I have passed out in 1997.
I started working in Aug 1996 and continued my studies and finished it by mid 1997.
Labor cert is EB2 has requirement as master degree with 3 yrs exp or bachelors and 5 years exp.
If consider at the time of application experience then I meet all the job/tech area and experience (nearly 95%). My question is should by current experience be considered then I am over 9 years nearly 10 years exp.
What experience will be considered when labor cert is transfered? If it is my current experience because the labor is getting switched to me now or if it’s my experience at the time of the application was applied. How strict is INS to match each and every criterion in swapping a labor.
My other question is how strick is INS on the term mentioned in requirements. If the applicant transfering the labor matches in all aspects almost 100%, and in required experience one is short by one 3 months or less would INS still consider all other aspects and can OK it.
I am trying to use an existing labor from my company which has oct 2001 priority date. To date I have nine years experience and I have passed out in 1997.
I started working in Aug 1996 and continued my studies and finished it by mid 1997.
Labor cert is EB2 has requirement as master degree with 3 yrs exp or bachelors and 5 years exp.
If consider at the time of application experience then I meet all the job/tech area and experience (nearly 95%). My question is should by current experience be considered then I am over 9 years nearly 10 years exp.
What experience will be considered when labor cert is transfered? If it is my current experience because the labor is getting switched to me now or if it’s my experience at the time of the application was applied. How strict is INS to match each and every criterion in swapping a labor.
My other question is how strick is INS on the term mentioned in requirements. If the applicant transfering the labor matches in all aspects almost 100%, and in required experience one is short by one 3 months or less would INS still consider all other aspects and can OK it.
immitul
09-05 12:44 PM
I am on the same boat...my wife got H1 approval recently without COS, and H4 extension applied two weeks ago (on top of it I-485 has been applied).
My lawyer suggested to file for H4 extension to cover that gap that is there before H1-B takes effect i.e. October 1st (or she will be Out Of Status). And after October 1st, revoke the H4 petition.
My lawyer suggested to file for H4 extension to cover that gap that is there before H1-B takes effect i.e. October 1st (or she will be Out Of Status). And after October 1st, revoke the H4 petition.
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