HV000
03-06 04:20 PM
As far as I know, since you are past 180 days of 485 filing, you are ok. You can stay in the country based on your pending 485 application. You can take whatever time it takes for you to get a job in your same/similar job classification. However, if your 485 is close to approval, then you need to hurry to find the job, since a job offer is required at the time of adjudication of 485. This will depend on your country of chargeability and PD. If you are from India/china/philippines/mexico with a later PD, you should be ok as long as you find a job in the same or similar classification.
Others can correct me if I am wrong.
What impact does this have on H1B holders who are ALSO AOS applicants? How much GAP can they have while on H1B?
Others can correct me if I am wrong.
What impact does this have on H1B holders who are ALSO AOS applicants? How much GAP can they have while on H1B?
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Blog Feeds
05-05 06:50 AM
This was long overdue but here are the latest on the Tri Valley story. A federal grand jury here has indicted the president of a Pleasanton, Calif., university on 33-criminal counts, charging her with an array of violations, including visa fraud, money laundering and alien harboring, as a result of a two-year investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Tri-Valley University President Susan Xiao-Ping Su, 41, who also served as the school's chief executive officer, is accused of engaging in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting phony documents in support of Tri-Valley University's applications to admit foreign nationals on student visas. The indictment further alleges that after obtaining such approvals, Su fraudulently issued visa-related documents to student aliens in exchange for "tuition and fees."
Su was taken into custody Monday morning at her Pleasanton, Calif., home by HSI special agents. She made her initial appearance here in federal court shortly after her arrest.
In carrying out the scheme, Su is accused of making multiple false representations to DHS through Tri-Valley University's use of the Student and Exchange Visitor Information System (SEVIS), which the U.S. government uses to monitor the "F-1" student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students' academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status.
According to the indictment, Su admitted and maintained foreign students in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su also allegedly harbored multiple Tri-Valley University student-employees to assist her in making the false representations to SEVIS. The indictment further alleges the defendant engaged in multiple money laundering transactions totaling more than $3.2 million using proceeds she derived from the visa fraud scheme.
Read more.. (http://www.ice.gov/news/releases/1105/110502oakland.htm)
More... (http://www.visalawyerblog.com/2011/05/f1_student_visas_trivalley_uni_1.html)
Tri-Valley University President Susan Xiao-Ping Su, 41, who also served as the school's chief executive officer, is accused of engaging in a two-year scheme to defraud the Department of Homeland Security (DHS) by submitting phony documents in support of Tri-Valley University's applications to admit foreign nationals on student visas. The indictment further alleges that after obtaining such approvals, Su fraudulently issued visa-related documents to student aliens in exchange for "tuition and fees."
Su was taken into custody Monday morning at her Pleasanton, Calif., home by HSI special agents. She made her initial appearance here in federal court shortly after her arrest.
In carrying out the scheme, Su is accused of making multiple false representations to DHS through Tri-Valley University's use of the Student and Exchange Visitor Information System (SEVIS), which the U.S. government uses to monitor the "F-1" student visa program. Through her false representations, Su was able to unlawfully obtain and issue F-1 visa-related documents without regard to the students' academic qualifications or intent to pursue a course of study required to maintain a lawful immigration status.
According to the indictment, Su admitted and maintained foreign students in exchange for tuition and other payments. In furtherance of the F-1 visa scheme, Su also allegedly harbored multiple Tri-Valley University student-employees to assist her in making the false representations to SEVIS. The indictment further alleges the defendant engaged in multiple money laundering transactions totaling more than $3.2 million using proceeds she derived from the visa fraud scheme.
Read more.. (http://www.ice.gov/news/releases/1105/110502oakland.htm)
More... (http://www.visalawyerblog.com/2011/05/f1_student_visas_trivalley_uni_1.html)
trivial science
12-09 05:34 PM
Hi there,
I am from northern NY, close to the border and my spouse has been to Ottawa twice for H1 renewal.
No there is no problem at the actual border. However if you are driving through the Adirondacks be prepared for Border Police (best not to drive at night). Also there has been a lot of snow and the roads are very slippery (the region gets some serious snow and wind chill). Make sure that your car breaks, tires and heating is okay.
Drive safe and Best of luck!!!
trivial
Hello Guys,
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
I am from northern NY, close to the border and my spouse has been to Ottawa twice for H1 renewal.
No there is no problem at the actual border. However if you are driving through the Adirondacks be prepared for Border Police (best not to drive at night). Also there has been a lot of snow and the roads are very slippery (the region gets some serious snow and wind chill). Make sure that your car breaks, tires and heating is okay.
Drive safe and Best of luck!!!
trivial
Hello Guys,
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
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ragz4u
03-28 09:39 AM
As most of us know, Senator Specter and the Judiciary Committee passed a bill last night. All the pro-immigrant legislation remained in there (which is a good thing)
Senator Frist had threatened that he will bring his bill to the floor if the Senate Judiciary Committee does not do it. Since the bill passed the committee yesterday, most people assume that the Senate will debate Senator Specter's bill.
WRONG!
As per this news here http://www.boston.com/news/nation/washington/articles/2006/03/28/panel_acts_to_expand_immigrant_rights/?page=full
Despite yesterday's vote, Senate majority leader Bill Frist warned that he may substitute his bill, which only enforces borders, and ask the full Senate to vote on it instead of the far broader and more lenient measure approved yesterday by the judiciary committee.
In any event, a bruising battle on the Senate floor is expected this week. And even if the Senate approves the committee's bill, any measure that appears to provide ''amnesty" to those who are here illegally faces fierce opposition in the House, which in December passed a bill that would erect a fence along the Mexican border and make it a crime to provide social services to undocumented immigrants.
And while President Bush is a strong supporter of a guest worker program, he has signaled hesitancy to allowing undocumented immigrants to gain legal status.
Basically there is NO guarantee which bill comes to the floor. Please update this thread as you find more information about this
Senator Frist had threatened that he will bring his bill to the floor if the Senate Judiciary Committee does not do it. Since the bill passed the committee yesterday, most people assume that the Senate will debate Senator Specter's bill.
WRONG!
As per this news here http://www.boston.com/news/nation/washington/articles/2006/03/28/panel_acts_to_expand_immigrant_rights/?page=full
Despite yesterday's vote, Senate majority leader Bill Frist warned that he may substitute his bill, which only enforces borders, and ask the full Senate to vote on it instead of the far broader and more lenient measure approved yesterday by the judiciary committee.
In any event, a bruising battle on the Senate floor is expected this week. And even if the Senate approves the committee's bill, any measure that appears to provide ''amnesty" to those who are here illegally faces fierce opposition in the House, which in December passed a bill that would erect a fence along the Mexican border and make it a crime to provide social services to undocumented immigrants.
And while President Bush is a strong supporter of a guest worker program, he has signaled hesitancy to allowing undocumented immigrants to gain legal status.
Basically there is NO guarantee which bill comes to the floor. Please update this thread as you find more information about this
more...
gc_user
11-28 08:29 AM
Any updates please????
TwinkleM
04-20 12:58 PM
@ GreenCardLegion
Why do you say that filing EB2 withe same company is most likely to be rejected? Is there any such clause?
Why do you say that filing EB2 withe same company is most likely to be rejected? Is there any such clause?
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macrosky
07-08 08:43 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.
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raysaikat
06-21 01:39 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
There is nothing called H1-B *transfer*. Each employer does a brand new petition. Once the second petition is approved (and you got I-94, etc.), your status depends on how the second petition was filed:
(i) If the second petition was filed as concurrent, then you can work for both the employers.
(ii) Otherwise, you can work only for one employer.
So you need to know how Company B filed their petition.
more...
kanshul
05-25 08:32 AM
The important thig is the period since yoour last admission to the US before July 2007.
Say you entered in Apr 2007 then you would not have accumulated 180 days of unauthourized stay in US before filling 485 and you will be OK.
Say you entered in Apr 2007 then you would not have accumulated 180 days of unauthourized stay in US before filling 485 and you will be OK.
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gcdreamer05
09-22 04:05 PM
I work in a private firm (<300 employees) and they have filed for PERM and is under audit. What would happen to my PERM if a bigger firm takes over my smaller company.
My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?
1. Will I have to re-file for PERM again with the new company?
OR
2. Can I continue under the already audited PERM in smaller company's name?
As long as the successor company wants you to continue with them , you have no problem. You can ask your attorney to send details about acquisition if there is any RFE and you are safe.
But you should really try to find out, if the future company would like to support your PERM, because that is more important - company support.
All the best.
My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?
1. Will I have to re-file for PERM again with the new company?
OR
2. Can I continue under the already audited PERM in smaller company's name?
As long as the successor company wants you to continue with them , you have no problem. You can ask your attorney to send details about acquisition if there is any RFE and you are safe.
But you should really try to find out, if the future company would like to support your PERM, because that is more important - company support.
All the best.
more...
kaisersose
03-18 12:50 PM
I think my employer is not willing to sponsor the process due to some reasons.
Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer
The only way you can make use of the fast track option available for L-1A visas is through your L employer. There is no other way.
One other option is to get a H-1b through a different employer who is also willing to sponsor a GC.
A sleazy option is to find one of those green card shops who will sponsor your GC for future employment in exchange for a fee. You can continue with your current L employer and your GC will continue through Mr Sleaze. Obviously this is abusing the system, but you would be surprised to know how many are doing it.
Note that both these options are not fast track. You will have to go through the full process and wait time.
Is there any other way of processing the Green card.Can i initiate it myself along with a lawyer
The only way you can make use of the fast track option available for L-1A visas is through your L employer. There is no other way.
One other option is to get a H-1b through a different employer who is also willing to sponsor a GC.
A sleazy option is to find one of those green card shops who will sponsor your GC for future employment in exchange for a fee. You can continue with your current L employer and your GC will continue through Mr Sleaze. Obviously this is abusing the system, but you would be surprised to know how many are doing it.
Note that both these options are not fast track. You will have to go through the full process and wait time.
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myonlineid
01-07 03:36 PM
I came back from India in Dec 1st week and my POE was NY. They took me inside and didn't ask any Q's. They verified and stamped on I-94.
more...
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guy03062
07-06 02:42 PM
07/06/2007: Hard Working Women and Men in USCIS Behind the Visa Number Fiasco
From the information available thus far, this reporter believes that no one in the agencies intended to bring about this fiasco. It was lack of close communication and coordination between the USCIS and the DOS and more or less a poor handling of the situation at some level within the USCIS. The people should remember that there are many and many women and men in the agency involved who worked hard just like you and me to do the given jobs, including managers, supervisors, and other higher ups. The agencies should take this fiasco as a good opportunity to learn a lesson on what could go wrong in the management of immigration services and responsibilities affecting hundreds and thousands of other human beings. This reporter has been visiting the field offices, particularly Nebraska Service Center and other local field offices, almost every single year for over past 20 years and have met the "human" faces of hard working officers and other workers working in tiny cubicles and facilities that cannot be described as fancy offices but more or less factories and plants. When I report the current news, this reporter sees the faces of the women and men that I have met who worked in the not necessarily fit office space and environment. Without doubt, the current fiasco should be one way or another corrected and prevented in the future. However, the people should not take this opportunity to dehumanize the current event and easily demonize other people with no faces. Probably this is the time when these women and men need most an emotional support and boost from their invisible customers. After all, things will go through the legal process or other processes to correct the mistake. Low morale of these women and men will help no purposes and causes. On behalf of our readers, we want to send a big "CHEER UP" to these women and men!
Source:- http://www.immigration-law.com/
From the information available thus far, this reporter believes that no one in the agencies intended to bring about this fiasco. It was lack of close communication and coordination between the USCIS and the DOS and more or less a poor handling of the situation at some level within the USCIS. The people should remember that there are many and many women and men in the agency involved who worked hard just like you and me to do the given jobs, including managers, supervisors, and other higher ups. The agencies should take this fiasco as a good opportunity to learn a lesson on what could go wrong in the management of immigration services and responsibilities affecting hundreds and thousands of other human beings. This reporter has been visiting the field offices, particularly Nebraska Service Center and other local field offices, almost every single year for over past 20 years and have met the "human" faces of hard working officers and other workers working in tiny cubicles and facilities that cannot be described as fancy offices but more or less factories and plants. When I report the current news, this reporter sees the faces of the women and men that I have met who worked in the not necessarily fit office space and environment. Without doubt, the current fiasco should be one way or another corrected and prevented in the future. However, the people should not take this opportunity to dehumanize the current event and easily demonize other people with no faces. Probably this is the time when these women and men need most an emotional support and boost from their invisible customers. After all, things will go through the legal process or other processes to correct the mistake. Low morale of these women and men will help no purposes and causes. On behalf of our readers, we want to send a big "CHEER UP" to these women and men!
Source:- http://www.immigration-law.com/
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roseball
11-12 01:34 AM
The only impact will be that you will lose your earlier PD (if 140 gets approved).......Also, it could cause you issues with H1 extensions if you are in 6th year of your H1 and are re-starting the GC process....Note that your LC/I-140 must be filed or should be pending for 365 days or your I-140 must be approved in order to get H1 extensions beyond the 6 year term....
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Templarian
04-06 01:54 PM
Oh for windows development you would want to look into WPF. The basic idea is to change the border style for the window to none (don't know the exact c++ way, but a google search should show). Then you will want to draw your own windows and drag areas.
Also its usually best practice to keep the windows the same from app to app.
Also its usually best practice to keep the windows the same from app to app.
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martinvisalaw
03-23 09:12 AM
Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?
You should be OK if the two locations are within the same MSA.
You should be OK if the two locations are within the same MSA.
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hibworker
11-24 04:08 PM
What I mentioned above applies to new H1 filing. The person can start working as soon as H1 is approved which can be as quickly as 15 days or less if done under Premium Processing.
People who have been counted against the quota in the last 6 years are exempt from it and can apply for new H1 with different employer without being subjected to the quota again.
People who have been counted against the quota in the last 6 years are exempt from it and can apply for new H1 with different employer without being subjected to the quota again.
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gcformeornot
08-08 09:32 AM
If one changes to a new employer after 180 days,
How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?
After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).
for 6 months. and W2 if applicable.
How much support (documentation etc) does he/she need from the ex-employer or the ex-employers attorney?
After 180 days, so I assume I'll have the receipt notice and hopefully EAD and AP (also have I-140 copy).
for 6 months. and W2 if applicable.
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oldguynewguy
12-18 11:54 PM
Q) What happens to the pending AoS application if I switch jobs from current employer to a different employer on H-1B.?
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
Q) Do I need to file AC21 if working for the same employer in a different position?
Many thanks.
Q) What happens to my pending AoS if I switch job with different responsibilites on H-1B?
Q) 180 day rule of AC21 portability is applicable as of the receipt data or notice date?
Q) Do I need to file AC21 if working for the same employer in a different position?
Many thanks.
royus77
06-26 01:25 PM
My H1 for 3 yr Ext got aPPROVED TODAY
satyasaich
12-02 09:51 AM
For sure i can say that one can travel (if needed) just after applying 485. No need to wait until one gets the travel papers.However to enter in to the country again, one should have either a valid visa H1 or H4 visa stamp in the passport OR should present the travel documents related to 485 (which means some arrangements need to be done. say a person applied 485 on dec1st/06. left to india on Dec3rd/06. travel documents usually takes anywhere between 6-8 weeks. so these have to be sent to india sothat the person while coming back to US again, can present at port of entry)
Lawyers say as a matter of precaution.( For example there is a query to submit a passport copy once again etc;)
Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.
I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.
This is a complex situation, you should consult a lawyer.
Lawyers say as a matter of precaution.( For example there is a query to submit a passport copy once again etc;)
Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.
I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.
This is a complex situation, you should consult a lawyer.
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