uslegals
08-20 03:39 PM
A consulting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.
I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.
Some concerns i need help with -
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.
Thank you!
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indyyy
07-18 10:10 AM
This is the website to check labor status at the BEC.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
http://pds.pbls.doleta.gov/
My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.
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willwin
05-21 10:00 AM
The reason why they are not talking about EB is there is nothing to talk.
The solution is straight and simple. to recapture and has been discussed enough. I am positive that should CIR happen EB reform will happen too.
The solution is straight and simple. to recapture and has been discussed enough. I am positive that should CIR happen EB reform will happen too.
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munshiviral
10-26 02:55 PM
Hi Guys,
Thanks for the feedback. Still I am little bit confused so here are my very specific questions.
1. Can I work for a US firm which has office in India while staying in India?
2. I asked about EAD because I thought that I am still employed with US firm the only difference is that my work location is India and not US. I still get pain in US salary, in that case do i need EAD? Can my GC process continue without me visiting US now and then?
3. Can I still renew my AP/EAD while i am out of US working for US firm and getting paid in US salary but work location in India?
Thanks,
Mickey
Thanks for the feedback. Still I am little bit confused so here are my very specific questions.
1. Can I work for a US firm which has office in India while staying in India?
2. I asked about EAD because I thought that I am still employed with US firm the only difference is that my work location is India and not US. I still get pain in US salary, in that case do i need EAD? Can my GC process continue without me visiting US now and then?
3. Can I still renew my AP/EAD while i am out of US working for US firm and getting paid in US salary but work location in India?
Thanks,
Mickey
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Ann Ruben
07-22 09:55 PM
I have also had success using just the online printout, but to be safe, you should make a Freedom of Information Act request for a copy of the I-140 approval notice. This is relatively easy to do-just follow the instructions on the USCiS website USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD ).
I do not think that the denial of a petition for extension of H-1B status, in and of itself, would effect your pending I-485.
I do not think that the denial of a petition for extension of H-1B status, in and of itself, would effect your pending I-485.
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veni001
06-22 02:46 PM
With same employer could definitely trigger audits from both DOL and USCIS!!
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
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glus
06-25 09:31 AM
Hi:
Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.
Generally speaking, you can dig out legal entry in most cases. First, get in touch with a consulate that issued your visa and ask for some kind of a confirmation that a visa was in fact issued to you. Second, you can try to get a replacement of lost departure/arrival record with USCIS. On the application you write a date when you arrived and place and all the details. If they find info in their computer, they will issue to you a "duplicate" of your original arrival I-94. To request replacement of record, you can use I-102.
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techbuyer77
06-12 05:55 PM
Hi all,
I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.
I'll really appreciate any thoughts n comments on ma situation
yes
I recently changed my company and joined one of the big 5.I already have my labor and I-140 approved from the previous employer.My eb3 date has become current.My previous empolyer is willing to continue my I-485 from his company. If I go ahead and file from his company, will I be able to use AC21 after 180 days? eventhough I don't work for him at the time of filing my I-485.
I'll really appreciate any thoughts n comments on ma situation
yes
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eb3India
04-09 01:24 PM
Hasn't he given many speeches like this before as well? I mean he has been giving speeches on immigration since 2004 yet nothing has happened so far. He addressed it on State of the Union speech, prime-time speech from the oval office, and countless other occasions but what has been the end result - NOTHING. I wouldn't keep my hopes very high just because Bush said so. It�s all up to the congress now.
I know have gave many speeches and nothing happend, itz all about politcs, location was Arizona where he wanted to show many Reps about how border security is improved,
This is his first speech after STRIVE has been introduced, I am just forseeing on coming debate all over the media again,
I know have gave many speeches and nothing happend, itz all about politcs, location was Arizona where he wanted to show many Reps about how border security is improved,
This is his first speech after STRIVE has been introduced, I am just forseeing on coming debate all over the media again,
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cdeneo
01-05 03:56 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
more...
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eb3_nepa
02-03 12:52 PM
Hi guys,
Let's start a Thread which deals SOLELEY with responses to Senators and Congressmen. Anyone meeting or getting replies from S/C pls mention them here.
Admin can we make this Thread a STICKY one?
Thanks
Let's start a Thread which deals SOLELEY with responses to Senators and Congressmen. Anyone meeting or getting replies from S/C pls mention them here.
Admin can we make this Thread a STICKY one?
Thanks
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thomachan72
11-05 03:00 PM
Dude, if you find it difficult to digest, then don't do it with your kid. Its that simple.
A debate on this is probably not warranted, as its subjective to every individual's situation.
And btw, both my kids live with me, but they travelled with someone else to spend their vacation at grand-parent's house, so I am not trying to oppose your viewpoint.
This is an infant we are talking about (less than 2 years!).....:o:o:o
A debate on this is probably not warranted, as its subjective to every individual's situation.
And btw, both my kids live with me, but they travelled with someone else to spend their vacation at grand-parent's house, so I am not trying to oppose your viewpoint.
This is an infant we are talking about (less than 2 years!).....:o:o:o
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ilikekilo
04-28 02:46 PM
I was hoping some one will be able to tell us something abt it but seems as no one has recd. a mail like that from USCIS.:confused:
hey iam not sure what would be the RFE is about, i dont see a GC coming since ur PD is 05 and its not current. please wait until u get the RFE and post ur message again...cant fathom what the rfe is about as u arleady got one for TB test...it might be for somethinig else too..just wait ad see
hey iam not sure what would be the RFE is about, i dont see a GC coming since ur PD is 05 and its not current. please wait until u get the RFE and post ur message again...cant fathom what the rfe is about as u arleady got one for TB test...it might be for somethinig else too..just wait ad see
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roseball
04-19 10:49 PM
The reason you did not get an approval with I-94 is that it seems your current status is valid only till May and I am not sure if your attorney included the documents (I-20) mentioning that you will be enrolled in Kaplan from June - Oct......USCIS wont approve a H1 with I-94 if you do not show evidence that you have valid status till Oct 1st.....
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rajuram
04-23 09:16 PM
Extensions are not allowed. But.... you can always enter Canada before the final date and then come back to the USA to finish your tasks. I have heard that you have to apply for the Canadian equivalent of the GC once you get there, which gets mailed out few days later, so if you have some one there it would be helpful. Also must have a visa to return back to the US.
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chanduv23
03-20 03:43 PM
How many of you support this idea ?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why are we talking about rally all of a sudden?
Rally in DC in the morning and Fasting till 5PM in front of the capitol.
Why are we talking about rally all of a sudden?
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new2gc
03-04 10:38 PM
You really deserve a big vacation.... Have fun!!!!
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rajsand
09-20 01:38 PM
Hey Jaime you seem to be all charged up!!
Great energy, will inspire many!!
Hope we have one more rally soon!
Great energy, will inspire many!!
Hope we have one more rally soon!
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Aah_GC
05-05 07:27 AM
Hello Friends,
Thanks for your time and for the suggestion. Some good news, we went back to the airport - got hold of the trolley folks (where my father had misplaced his passport pouch) and there were some really friendly folks who helped us locate the pouch from Lost and Found department. This happened in JFK.
Thanks again for the help.
Thanks for your time and for the suggestion. Some good news, we went back to the airport - got hold of the trolley folks (where my father had misplaced his passport pouch) and there were some really friendly folks who helped us locate the pouch from Lost and Found department. This happened in JFK.
Thanks again for the help.
asdfgh
02-27 08:32 AM
Currently in wetsern europe and going tomorrow to pick up my passport....am getting 2 stamps...1 for current extension that ends end of next month and then a second one for the new extension valid until '10....had to pay twice the fees since its 2 stamps.
They discussed the issue at the consulate and decided that the best way to proceed was with 2 stamps to avoid any issues at port of entry.
Reason - The stamp needs to match the dates on 797...so either get 2 stamps or get 1 stamp for the latest extension which will only be effective for travel beginning 10 days prior to date on 797.
Guess based on a previous post it varies from consulate to consulate.
Whatever you get, doesnt matter, as long as you get it and it allows you to come back when you want to.
They discussed the issue at the consulate and decided that the best way to proceed was with 2 stamps to avoid any issues at port of entry.
Reason - The stamp needs to match the dates on 797...so either get 2 stamps or get 1 stamp for the latest extension which will only be effective for travel beginning 10 days prior to date on 797.
Guess based on a previous post it varies from consulate to consulate.
Whatever you get, doesnt matter, as long as you get it and it allows you to come back when you want to.
krishnam70
05-05 04:37 PM
No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.
What happens to the GC petition? I guess that is probably also Amit's concern in the long term
- cheers
kris
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