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kshitijnt
05-03 08:39 PM
First of all you are on OPT and your status has not yet changed to H1. It will change to H1 in October.

Your company can cancel H1 with or without your knowledge.

Your new employer can transfer your H1 provided you have the receipt number EAC or WAC number.

If I were you, I would first get the receipt number from your employer and then join the new company on OPT. Also if things do not work out this way, you still join the new company as you are eligible for 17 months OPT extension, you can still qualify for next years H1.

Best strategy is to use as much time on OPT as possible because in that case you dont have to pay social security and medicare taxes.
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Rb_newsletter
01-27 12:29 PM
Why this is posted here? It was published in Aug 2002 and that too in anti website. Guys don't give publicity for antis here.
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swarnapuri
02-14 12:12 PM
Hope this is just a LULL before the storm... Hopefully we will see a big storm and they open the flood gates!!!

Also, Other than just hopping... please contribute to IV.
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LegallyWise
09-20 08:57 PM
I would appreciate a response to my immigration questions as discussed below from anyone knowledgeable on the nuances.

I immigrated here at the age of 5 (in 1988) with my parents. We overstayed our visitor visas.

In 2004, I married my high-school sweetheart, he petitioned for me and in 11/2005 we interviewed and I obtained my conditional permanent residence.

In 9/2007, we signed the documents to convert my conditional to legal permanent residence. I became a legal permanent resident in 8/2008.

After the signing by both parties but prior to receiving permanent residence, in 10/2007, he filed for divorce claiming constructive abandonment for 10 months. This was not what happened, and I was legally unwise, so I did nothing and signed the papers. I consulted my immigration counsel (in 8/2008 after receiving legal permanent residency) and the paralegal gave me the roundabout about having to see the divorce papers and he said that I may be penalized for the divorce at the time I apply for citizenship because of the 10-month constructive abandonment provision.

I consulted with another immigration lawyer who said this would not be a problem at all.

I have left the situation alone until now. I am looking to leave the my current immigration counsel due to their incompetence.

1. When can I become a citizen (do I have to wait 5 years from 11/2005 due to the divorce)?
2. What are the foreseeable problems when I apply for citizenship?
3. Do I have to take any other steps?

I look forward to any responses on this and appreciate the help in advance.

Thank you.
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Rajwaitingon140
03-27 05:08 PM
thanks! but one more thing is that I don't have H-4 approval notice/petition; but I have I-94 valid till 2009. Will this do for H1 approval????

Looks like your Husband got H1-B extension till 2009; per my knowledge you should have file I-539 along with your husband to get your H4 approval till 2009, if you didn't do it then looks like you need to do right away..or consult your attorney ASAP, I-94 card is doesn't validate your H4 status...

I am NOT a Lawyer; you many consult lawyer...this type of mistake my friend's did in past...

Good Luck
RajWaitingon140
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martinvisalaw
04-26 04:32 PM
My friend's on her 6th year H1B and it will expire on Sept 10, 2010. A PERM labor was filed and the Labor went into an audit, responses were sent immediately.

If she transfer her H1B to new company.
1. Can she ask for 1 year extension based on her pending labor? Does she need to wait till the labor gets approved?

She can get one year if the LC is pending for 365 days, as previous poster said. However, the new company needs to be able to file a new PERM immediately, so she can get an 8th year extension. It is very unlikely that the old company will keep the permanent residence process going once she changes jobs.

2. Can she use Premium Processing for H1 transfer?

Yes, but if she's maintaining status she can change employers on filing the new H-1B. The company doesn't need the expense of PP.
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god_bless_you
03-28 01:20 PM
Is there any similar organization in Tri-State Area?
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ubetman
06-10 09:39 AM
I posted the same kind of question in murthy forum and I got a reply that education requirement is not needed once I140 is approved which determines EB2/EB3. So I guess we can port to any job which is similar/same. Don't take my word and do your own research for exact info.
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Iammontoya
10-08 08:32 PM
Several reasons, some of which were mentioned. You need Adobe Acrobat to edit the document. PDF format is cross platform. To view the pdf output all you need is the free plug-in. In other words, if I created the document in Illustrator and "printed it" to a pdf file, you would not need Illustrator to view the contents.
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singhv_1980
05-09 09:01 PM
- H1B is good as long as employer-employee relationship is maintained, which in your case should be fine
- You may have issues with 140 approval (Just my opinion, I may be wrong)
- If you are considering H1 transfer, that may have issues as you may not have latest paycheck..

Thanks for the reply. Is I-140 very dependent on company's financial position? What if actually everything goes back on track and I get my pay and stuff?

Can you please elaborate your views about I-140 here?

Thanks again!!
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arc
03-15 03:48 PM
Thanks in advance for answering my question:

I have had an EAD from past 2 years, but I also had a valid H1B I was working for company A on H1 and my GC is filed by Company B future employment(and hence the EAD)

- Company A went down last year, so I was laid off, so my H1 lapsed.
- I switched to Company B since I have an EAD through them.
- I am on Company B's payroll currently.
- The company A folks needed help after they were shutdown, I helped and was paid for hours. (doing same and similar work) but not issued a 1099...

Question - I will need to file taxes on those hours, in terms of immigration have I done anything out of ordinary here? I don't know if USCIS and IRS connecected, or I am just being paranoid here?

Thanks!
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rkotamurthy
08-14 01:32 PM
/\/\/\/\ Bump
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iuiukk
10-01 04:20 PM
I came to US on B2 10-year multiple visa, my I-94 is going to expire in a few weeks (first time extension approved ). My husband�s citizenship application has been pending for the past 10 months, it is in internal security check , so don't know how long it will take to clear.

What are the consequences if I over stay on my B1 visa for about 150 days, during which I apply for my I-130 and then go back to my home country and go for the consulor processing. Is this can be done? I got different opinions so confused. Would it impact my consular interview?

The hope is my husband�s citizenship would be approved before that and I might never have to leave the US.

Thanks in advance.
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hebbar77
09-19 12:23 AM
as far as I know medical assistant position does not require a degree and hence does not get entitled to highly skilled H1 category. Once this is not a skilled profession, one will have to prove that there are no citizens/gc candidates available for this position.
There could be a category of H1 visa for this. talking to lawyer is ur best bet.

FYI:
My wife is B.A.M.S, after researching all options, started studying nursing (accelerated bechelor of nursing ). During her research she did not find any other choice worthwhile!
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eb3retro
08-12 07:36 AM
is part of its profit going to IV? only then IV folks will support it. else, please do not use this siite for your commercial purpose.

Check this out! a visa bulletin & processing time iPhone App.

VisaProcs App provides you with the most recent visa bulletin and
processing times for petitions and applications submitted to the USCIS.

Here is the iTunes link:
VisaProcs - Visa Bulletin & Service Centers Processing Time for iPhone and iPod touch on the iTunes App Store (http://itunes.apple.com/us/app/visaprocs-visa-bulletin-service/id385683853?mt=8)
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rorypirrie
03-19 02:19 AM
I think it goes around intent. Does your sister show signs of staying in the US or does she fully intend to return. Proof of reasons for her to return would be good to have on hand.
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bpadala
05-01 07:11 PM
You may as well ask uscis to ask for the remainder of the H1B period provided there is an employer who is willing to process your H1B. Remember, you will have to lose your current I485 processing and start all the way from scratch though you can recapture the priority date with the new GC process.
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glen
04-12 02:56 PM
Kudos to Mr.Aman Kapoor and Ms.Shilpa Ghodgaonkar !!!!
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eilsoe
10-21 02:23 AM
Hey vts, the box looks ok, but what's going on with that white smokey thing?
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gunabcd
06-22 02:18 PM
Can someone delete this thread for me, please?
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myk110
02-09 03:43 PM
LCA pending.. I94 expires tomorrow.. Should we file with pending LCA or wait for LCA to certify (which would mean filing a week after I94 has expired).. ???

Please advice.. this is REALLY urgent!

Thanks in advance.
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