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prathap

04-08 09:03 PM

My current H1 B expires on July 31 2011. With this I will be exhausting my renewals quota as my sponsoring company Wipro has not initiated GC process. Also when my last renewal was done, a mistake was done by Wipro Visa office. My first entry to US was in Aug 2004. After that I had gone out of US in Aug 2005 for 1 month vacation and returned in Sept 2005. Each time when we file for extensions, we give all the entry and exit dates. The Wipro visa office had incorrectly entered my first entry into US as Sept 2005 even though it should have been Aug 2004. Based on this they renewed my petition till July 31 2011. If we calculate now, it turns out to be the seventh year on H1. When I tried to change my employer this year, they looked at these details and informed that if I start GC process now, they will definitely calculate my dates and find out that I am in the 7th year of H1 without GC initiation. So they told it will cause issues and it would be better for me to leave the country after July 31 2011, wait for 1 year, sponsor a new H1 and then come back.

Is there any alternative I have here? Thanks for offering help.

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HRPRO

02-15 11:50 AM

You will not have any problems with the move and using your own attorney should not be a problem either.

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optimist

03-12 11:37 AM

The H1-B per se does not require any job experience, provided the educational qualification is exactly what the job requires. To quote, "For an H1B for a programmer, for example, a candidate must possess the required degree in the field of computer science, electrical engineering, electronics, or a related field." When the candidate has a degree in an unrelated field, the employer would usually need to prove that the candidate has work experience in the field in which the H1 is being sought.

For more details, see http://www.murthy.com/news/n_repatt.html

Hope this helps.

----------------------------
Monthly contribution: $20

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itsmesabby

03-11 10:35 AM

Hi,

I had my stamping done in Delhi last year in September. They just asked me the following:

1. Latest Paystubs.
2. W2.
3. Client name.
4. My responsibilities at work.
5. How long have I worked at my employer.

All this took just a couple of mins. One of my friend also got his stamping done in Delhi in Dec last year.

Just carry all documents you can. They will not be needed, but you be more prepared and confident at the interview.

Thanks

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Rune

May 21st, 2004, 01:30 AM

Oi! That IS the colour version! :D It might be a tad underexposed I guess, but any more and I would've ended up with bright white water. I could go back at a different time of day when the sun is at a more opportune spot though. I'm just not sure if it's worth it. (I guess one way of finding out is to actually go down there when the sun pops out :))

I think I'm better off hunting for more traditional landscapes (and eventually some animals -- I hope to catch some musk oxen in July, dunno what I'll do before that). :)

Thanks for the feedback guys.

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go_guy123

10-01 04:49 PM

in the end someone is talking sense.....

Yes its is a very good development....especially a hispanic lobby group is saying this.
Still other allied group need to eventually come to the conclusion and only then it can
happen.

The Hispanic lobby is agitating for the Dream Act which is held up by CIR.
But fight is not over yet. The nursing lobby is also focusing on this.

If piecemeal happens, a major fight will erupt between
Eb2/3 crowd and the nursing lobby over who gets to feast on the recaptured visas.
Nursing lobby wants the recaptured visas first.

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Oct007

05-13 12:49 PM

Can you postpone your travel plans?

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senk1s

05-14 12:20 AM

2 cent questions ...

Is NSC processing EB3s regularly?

TSC is not processing EB2s as well ... are they working on EB1s only?

Is it because the Visa #s are exhausted for the period?

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gxr

11-06 08:59 AM

I just wanted to confirm that "Document mailed to applicant" on I-131 means that the AP is approved. Can someone who saw a similar message please share their experience?

gxr

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kirupa

10-18 06:56 PM

Haha - clever :P

In the future, though, please create a new thread for each entry. That makes it easier during judging.

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zico123

06-21 06:54 PM

Now if I want to go back to Company A, do I need to transfer my H1B again?
Company A has not cancelled my H1 and I am in good terms with them.
Even if A didnt cancel H1 the comp A will have to apply for transfer.

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looivy

04-14 12:37 PM

Thanks rockstart for your prompt reply. I will follow the process.

Use the AR 11 online process to change address do it seperately for yourself and your wife. When you have finished submitting new address the system will prompt you asking if you have any pending applications with USCIS. At that time enter the receipt numbers of all pending applications. This will do the needful. You can track the success by checking the case status in few days you can see a soft LUD on your pending applications. Also in few weeks you will receive a letter from USCIS at your new address that tells that they have updated the address. Some folks even call USCIS and verify the address change.

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funny

08-14 12:01 AM

No one Interfiled so far??

I don't know if its a failure or success so far, as my Name check is not cleared and USCIS is not touching the file.

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IndiaBULL

09-01 07:49 PM

Thanks guys.

Hope. Oct vb can jump. Jump. Jump. And leap.leap.leap

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reapit

03-22 04:54 AM

Hi,

Can i transfer my H1 while in India? I have a stamped visa valid till June 2011 and am planning to change my employer

Thanks,
Bikash

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ani

10-16 07:14 PM

HI
I havenot received any FP notice till yet though I have got my 485 notice.
If I want to change the location of FP,can I do that?Because my project is getting over and I have to relocate to Texas from California.
If my FP test is scheduled for California,Can I apply for a change in location for Texas?
Thanks in advance.

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angiusa

04-03 04:02 PM

I have worked for Company "A"(Ex-employer) under H1-B(company A holding my H1-b) from 2007-2010. During 2009 & 2010, company A was unable to clear all my payments as the company went through some financial hurdles but they issued W-2 for the amount paid in fiscal year 2009. Now, company A has got money and they decided to clear my back wages for 2009-2010 through 1099 form. I transferred my H1-B visa to Company B(2010) then to Company C(current employer). Now, Company C has started my Green card(GC) process.

Questions:
1. I already received W2 for 2009. Can company A amend the W2 for the back wages?
2. Is it legal to take the unpaid amount under 1099? Will it affect my GC process?
3. What are my options to get my back wages from company A?
4. Company A want to issue 1099 along with a letter stating that i was full time employee for the time period mentioned in 1099. Is it acceptable?


I really appreciate your help for taking your valuable time in clarifying my questions. I look forward for your reply.

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desigirl

05-03 09:03 AM

Ask the Indians (native Indians, but why make the distinction ;) ), they will say every american, non-american in this country is illegal! :D

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sweet_jungle

02-02 02:13 AM

Can somebody provode me list of H-1 sponsoring consultants in non-IT field?

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vhd999

02-16 07:28 PM

We have been applying for advance parole document at NSC for the last few years.
This time also we sent our application to NSC on 01/28/2010.

However, after about 15 days, we received a receipt notice letter from Vermont service center and the case is now pending at VSC. Moreover, the check is not cashed yet.

Based on the state we are living, the I-131 application instructions specify that I-140 based applications should be sent to Nebraska service center.

I am wondering if USCIS started processing I-131 applications at VSC.
Or our application is mistakenly misclassified and sent to VSC.

Any comments?

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kundan

01-20 08:41 PM

Here is my situation:

I was joined as a contractor at CLIENT through client's preferred VENDOR. My paystub runs by my EMPLOYER. I use to submit my timesheets to my EMPLOYER and VENDOR every week. My EMPLOYER runs my paystub everymonth with minimum pay amount and not as per actual earnings. For ex:my actuals were $9500/- per month, he rans for only $6000/- every month. This gap is because he says he didn't receive the payments from VENDOR. With these gaps everymonth the dues between my employer and me has increased a lot, and my employer has to pay to me some $xx thousands dollars. There is no document/written evidence with me from my employer. My employer always tells me on phone, how much they paid to me and how much of mine they are holding.

After my contract completion(for ex:10/30/09) at CLIENT, I joined and started as a Full Time Salaried employee at CLIENT on 11/5/2009. I submitted my resignation to my previous EMPLOYER on 11/16/2009.

I have to collect my dues(ex: $xx thousands) from previous EMPLOYER. How can I proceed further to collect these dues, as there is no document / written evidence with me from him. My previous employer always communicate with me on phone to update the money transactions.

My current visa status is, I am a Green Card holder.

Please help me how to proceed in collecting my dues from my previous employer.

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jonty_11

06-14 03:23 PM

As my attorney informed us of the dates being current - they are asking for this:

Please advise on the status of removing the residency requirement
since you can't proceed with until this is done.

what does this mean?

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subba

11-02 09:14 AM

I believe you pay 10% penalty if you withdraw before retirement age, irrespective of whether you reside in the US at time of withdrawal.
However, note that it *might* be possible to save on taxes because you might have very little other US income in the year you withdraw. One dependency here is what tax laws and treaties your home country has on foreign income.

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Ruta

07-28 12:15 PM

Please someone tell me whether Ac21 portability 180 days rule applies from the day USCIS receives the application or whether it starts from day you get I-485 Receipt #????

In our case USCIS recieved our application on July 2nd and we have not received receipt # yet. so 180 day clock starts ticking on July 2nd?

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wandmaker

11-27 03:57 PM

go_getter007: Your Last Updated Date (LUD) will change whenever they touch your file, which means a person has touched your file or an auto touch (soft touch , no case status change in case of soft touch). As of now, Online system is not perfectly synced with actual case status system. Hope this helps.

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waitingonlc

02-17 03:15 PM

Hi,
I have a pending I-485.
My case was file in jan 02. I have approved labour and I-140. I filed my I-485 in Jun 2005 and have an EAD and parole. How do I find when can I file my spouse's case.
Thanks
visit http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2805.html and look under emploment category

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sandy_77

08-29 05:07 AM

I strongly suggest that you do not go for visa stamping (unless there is a family emergency) if you get the new H1B approved. I went for the visa renewal and after nearly 7 months I am still waiting. I am not from any restricted country or have any thing problematic in my name (if you know what I mean). Since these investigations are confidential, I may never know the reason for my situation. From the various forums on this subject, i have gathered that, once you get flagged, you are condemned for life or until you get citizenship. Even if you have done nothing wrong...they like to test your patience again and unfortunately the pleasure is all theirs.

If you have to get stamped, get it from a neutral country such as Canada. A company that can allow you to work from overseas while you are waiting for the visa will help a lot. Also ask your friends to help you with your apartment and other belongings if it takes too long to get the visa. If you do get the visa quickly then just thank your lucky stars for they were more powerful than the VO on that day and time.

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ashkam

08-09 03:19 PM

But my lawyer chose this. and I already signed the form. Does it really matter? As he stated " Spose has an approved I-140"

I'm sure you'll be okay. All they want to know is the basis of your eligibility for filing I-485 and choosing (h) and adding this explanation should be fine.

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st_2006

05-05 03:18 PM

Mine was applied on 20th April. Still waiting.

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mkrisa

03-08 11:41 AM

Guy's deportation at POE is real.

MurthyDotCom : Newark Airport - Analysis & Potential Options for H1Bs Entering U.S. (http://www.murthy.com/news/n_newark.html)

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buddyinsd

09-20 02:06 AM

The subject says EB3-I (INDIA) and EB3 ROWs are posting

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Desi Unlucky

09-14 10:57 PM

I applied for I 485 , AP and EAD during 07 July. I got a fp notice back in 2007 and I got another one two weeks ago. I went ahead and did my bio-metrics over the weekend at TSC Application Support Center.

Does this mean that somebody has looked into my file and pre adjudicated it? or is it a automated thing and does not mean anything?

Please advice!

I do not know. I got a notice too. Due for Biometrics this month end.

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BMS1

11-01 09:57 AM

If you file the extension before expiry of the current I-94, you will be OK. It can be approved even after the expiry. She will be considered to be legally present without gap, if extension is granted.

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InTheMoment

07-28 01:49 PM

phew !

Receipt Date is the date they receive your application
Notice Date is the date they generate the receipt

We are interested in the former (so it happens to be July 2nd in your case)

Wait for your receipt and confirm that the "Receipt Date" printed on your receipt is July 2 (99% of the cases have the date CIS physically received the package)

sorry for my ignorance.. But is that again July 2nd (receipt date on my application) or date they issue me Receipt #?

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czar_the_king

04-16 06:36 PM

I am planning to use AC21 to change employers. I signed G28 to allow the attorney for my current employer to represent me before USCIS. Since I signed G28, is it possible for my current employer to withdraw my I-485 application?

Please advise on this...

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kirupa

11-10 12:16 AM

Sure - you can definitely do that :) I just want to make sure your entries are properly accounted for then in the Entries list haha. Both this and the kirupa.com logo one would need to be expanded in the list, so I will do that shortly after I wake up from a food coma.

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ajju

09-07 11:13 PM

I don't intend to get anyone's hopes high as I am not sure if this page on the USCIS website is an updated one or is an older one, but it says PP is available for 129 & 140.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=011a59f5eca9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

Anyone knows about this?

This is not specific to current status on PP... Just for what forms PP is available in general...

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go2roomshare

03-29 04:57 PM

What I don't understand is why you are filing another I-140 when you already filed I-485? In any case you can use AC21 only after your 485 has been pending for more than 180 days.

For PD porting you need to file I 140

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continuedProgress

08-21 08:18 PM

I am on H1-B, and about to apply for I140.
My wife has recently got a F1 visa (and her H4 visa has been left valid).
I am applying for I140. Is it ok to mention her name on my I140 as my spouse?

Thanks in advance,

Ace

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martinvisalaw

07-08 07:10 PM

See the answers below, IN CAPS

I have couple of questions regarding timeperiod for which I can stay outside US while my I-485 is pending . I had to undergo a re-do surgery of my back in India and was adviced complete bed rest till it heals due to which I am outside US since Jan ending till date

1) Will it effect my GC application as some say its not good to stay more than 180 days outside US continously.

NO, IT SHOULD HAVE NO EFFECT. THE 180 DAY RULE IS MORE RELEVANT AFTER YOU BECOME A PERMANENT RESIDENT. IN THAT CASE IT IS BETTER NOR TO STAY OUTSIDE THE US FOR 180 DAYS.

2) I am on H1 status will it be a issue at POE to have gone for this long

IT MIGHT. I RECOMMEND CARRYING A LETTER FROM THE H-1B EMPLOYER CONFIRMING THAT YOUR JOB IS STILL OPEN FOR YOU.

3) What docs should I be carrying to awnser questions at POE.Is client letter mandatory or continued employment letter and I797 good

SEE ABOVE.

Kindly let me know your advice in this case

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sobers

07-27 10:30 AM

Fellas,

Looks like the pundits are saying that the House, and possily Senate, will fall into Democrat hands beginning January.

Here is what Robert Novak says:

The conventional wisdom about the 2006 elections among both Republicans and Democrats now is that the Democrats will take control of the House and could also win the Senate. One House Republican committee chairman, who publicly exudes optimism, privately predicts -- and has predicted for six months -- a loss of 30 House seats.


==

If that's a wisdom, no wonder Democrats are in no mood to compromise on CIR. That also explains the chilly reception to Hutshison-Pence. When the democrats have the house they'll craft a new immigraton package and compromise with the perhaps even more democrat-leaning senate. So 2007 is going to be the year of CIR. If the republicans are smart, they're going to try to get best immigration deal possible in the lameduck session before the 110th Congress starts in January. But the democrats may block it altogether. In that case the retrictionists are going to be sorry they didn't take the best deal when it was available (which look like now).

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pappu

09-10 11:27 AM

If anyone is planning to drive from CT for the rally or is not driving because they are unsure, or not motivated enough... then here is your chance.

We can join together and go to DC and come back together. I am planning to go on Monday 17th morning. Ill be coming from New Haven/Hamden area in CT.

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kevinkris

08-13 03:33 PM

Hi All,

My PD is 1st Aug 2006. Am i IN or OUT?

As per VB:

The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.

They stress and bolded "Earlier Than" so i am not IN???? :confused::confused::(:(

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sathishav

05-09 12:58 PM

Shanky,

As you already know, the H4 is only valid as long as your H1 is valid. If companyA has a policy or if in future they decide to revoke h1, then you may not even know.

If I were you , I will go ahead and file for h4 transfer too.

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Hello_Hello

11-08 11:11 AM

Were you joking or you really meant what you wrote ?
Do you think anyone will even mention (hopefully get solutions) the eb backlogs to the President when he is touring India? Do you think anything good might come out of it for us?

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aaygentmulder

04-24 01:14 PM

2nd I-485 FPs completed yesterday...Want to know if someone else went through this and wehat happened with their case if anything afterwards...

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rajs

10-31 03:51 PM

IM just tring to find out if any one in EB3 cat. are seening any movement or progress by USCIS.
I have a pd of APR 2001 but no progress or lud in the past 1 year
nothing on my file and when i call USCIS they send me a letter saying
still in our prossesing time, but my app date of may 2004 with a approved
i-140
and still waiting for 485 .

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