Macaca
05-10 09:27 AM
Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
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rvendra
10-30 12:31 PM
You live in FL ?
myk110
02-09 08:09 PM
Thanks! We filed today.. they'll will receive tomorrow.
My 485 is pending, so I think I won't be totally out of status..
Any suggestion on how we can approch sending the approved LCA later and ask USCIS to match it to the already submitted H1B petition?
My 485 is pending, so I think I won't be totally out of status..
Any suggestion on how we can approch sending the approved LCA later and ask USCIS to match it to the already submitted H1B petition?
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ras
06-13 02:50 PM
Couple of questions folks:
1. Should H1 B Job and GC Job be related? I am going for an H1 B extension based on approved I 140.
2. Can we consider Software Quality engineer on H1B and Software engineer on GC related?
The NAICS occupational codes for
Software Quality Engineer is 541511
Software Engnieer is 541710
Can we consider them related for AC 21 purpose. I so not have the approved labor or I 140.
3. Currently am on H1 which is going to expire next month with my current employer and had my GC filed as a software engineer. I am planning to move over to the client where right now am working as a contractor. I am being offered a position as Software Quality engineer.
Now, do I use the H1 extension and go on to the client or use EAD? If I go onto the client on H1 extension, what happens to the GC process and my EAD?
When I leave the company and if the current employer withdraws the I 140, am I ok?
1. Should H1 B Job and GC Job be related? I am going for an H1 B extension based on approved I 140.
2. Can we consider Software Quality engineer on H1B and Software engineer on GC related?
The NAICS occupational codes for
Software Quality Engineer is 541511
Software Engnieer is 541710
Can we consider them related for AC 21 purpose. I so not have the approved labor or I 140.
3. Currently am on H1 which is going to expire next month with my current employer and had my GC filed as a software engineer. I am planning to move over to the client where right now am working as a contractor. I am being offered a position as Software Quality engineer.
Now, do I use the H1 extension and go on to the client or use EAD? If I go onto the client on H1 extension, what happens to the GC process and my EAD?
When I leave the company and if the current employer withdraws the I 140, am I ok?
more...
senk1s
10-15 05:02 PM
your company needs to maintain an HR file with I9 for all employees (including US citizens)
snathan
03-03 11:09 PM
Quick survey to findout how many people like the idea of having their passports restamped here in USA and avoid all the surprises and shocks. This doesn't need any legal fixes. It is a convenient measure for everyone. Besides it was an old practice that was stopped for "security" reasons or some crapp. It is a small step but helps with any cases like family emergency or some urgent business need to travel abroad.
Based on the poll results and suggestions, we can comeup with a strategy to address the issue.
This is alreay part of the Admin fix and unfortunately its not moving forward.
Based on the poll results and suggestions, we can comeup with a strategy to address the issue.
This is alreay part of the Admin fix and unfortunately its not moving forward.
more...
ricky26
08-28 12:37 AM
If your current H1 is already expired, it is better/safer to use AC21 and join company B.
else get hold of reputed lawyer and transfer H1 to comp B.
else get hold of reputed lawyer and transfer H1 to comp B.
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BharatPremi
04-24 03:51 PM
FP completed...What Next?
PF
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PF
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Blog Feeds
06-26 01:40 AM
Aliens who married or had children before the date of obtaining permanent residency can possibly confer �following-to-join� benefits to their family members. Due to this process, spouses and children will be able to receive green cards quickly. �Following-to join� is not family based immigration, but is similar to a child/spouse receiving derivative benefits based on a primary LPR�s immigration petition.
Here are the following requirements to be met in order for a spouse or child to qualify under �following-to-join�:
1. The LPR must have adjusted status or obtained an immigrant visa through a preference category (family or employment based) or diversity lottery. A LPR�s visa number must also be current in order for a family member to receive �following-to-join�.
2. The petitioner married/had children before becoming a permanent resident and the relationship between the permanent resident and spouse/child is intact at the time of filing. Children of LPRs must be unmarried and under the age of 21. Furthermore, the child/step-child must be from an existing marriage before the LPR obtained permanent residency.
�Following-to-join� is convenient because it allows primary beneficiaries to do away with filing a separate I-130 for their spouse or child, greatly expediting the green card approval process. Furthermore, spouses and children of LPRs do not have to wait for a visa number to become available. Where a LPR�s spouse or child currently resides affects what procedures he/she needs to follow. If ones spouse and/or child are already in the United States, they may apply for adjustment of status (I-485) based on �following-to-join� and if they are outside of the United States then LPRs need to inform a U.S. consulate of their lawful permanent residency status in order for their family members to apply for an immigrant visa.
More... (http://www.visalawyerblog.com/2010/06/criteria_to_be_entitled_for_th.html)
Here are the following requirements to be met in order for a spouse or child to qualify under �following-to-join�:
1. The LPR must have adjusted status or obtained an immigrant visa through a preference category (family or employment based) or diversity lottery. A LPR�s visa number must also be current in order for a family member to receive �following-to-join�.
2. The petitioner married/had children before becoming a permanent resident and the relationship between the permanent resident and spouse/child is intact at the time of filing. Children of LPRs must be unmarried and under the age of 21. Furthermore, the child/step-child must be from an existing marriage before the LPR obtained permanent residency.
�Following-to-join� is convenient because it allows primary beneficiaries to do away with filing a separate I-130 for their spouse or child, greatly expediting the green card approval process. Furthermore, spouses and children of LPRs do not have to wait for a visa number to become available. Where a LPR�s spouse or child currently resides affects what procedures he/she needs to follow. If ones spouse and/or child are already in the United States, they may apply for adjustment of status (I-485) based on �following-to-join� and if they are outside of the United States then LPRs need to inform a U.S. consulate of their lawful permanent residency status in order for their family members to apply for an immigrant visa.
More... (http://www.visalawyerblog.com/2010/06/criteria_to_be_entitled_for_th.html)
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goosetavo
01-10 03:26 PM
Why isn't IV a national member of the Reform Immigration for America Campaign? If you take a look at the list of participating organizations Organizations � Reform Immigration For America (http://reformimmigrationforamerica.org/about/organizations/) you'll only see that the TX state chapter has signed on. Core group, could one of you take a look and sign-up? Would IV consider cooridnating events with them during 2010?
more...
directory_guy
04-11 04:43 AM
Match in what aspects? Their looks, profile or some thing else?
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gc28262
07-01 05:13 PM
H1 extension can be applied upto 6 months before the expiry of current H1.
If you haven't completed 6 years on H1, you can always extend it as usual.
If you have completed 6 years on H1B, you have to have one of the following to extend your H1B.
1. Labor/Perm was applied at least 1 year back
In this case, your H1 will be extended another year
2. I-140 is approved.
In this case, your H1B will be extended 3 years.
More than likely your I-140 will be approved before November 2009 if it is a reasonably clean case. ( USCIS I-140 processing time has come down drastically)
BTW you don't get an H1 automatically on your 140 approval, your company has to apply for it.
Hope this helps.
If you haven't completed 6 years on H1, you can always extend it as usual.
If you have completed 6 years on H1B, you have to have one of the following to extend your H1B.
1. Labor/Perm was applied at least 1 year back
In this case, your H1 will be extended another year
2. I-140 is approved.
In this case, your H1B will be extended 3 years.
More than likely your I-140 will be approved before November 2009 if it is a reasonably clean case. ( USCIS I-140 processing time has come down drastically)
BTW you don't get an H1 automatically on your 140 approval, your company has to apply for it.
Hope this helps.
more...
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frostrated
06-18 02:46 PM
Hi,
I want to apply for Green Card in EB2 Category through my employee. But I already have a green card in process via my spouse's employee in EB3 Category.
1. So will I be able to get the priority date of the green card process which is in EB3 Category? -- NO
2. Can I add my spouse in my EB2 visa process? -- YES
3. What are risks involved, if any? -- Risk is the same for anyone, just like the one your spouse took.
Many Thanks
See italics.
I want to apply for Green Card in EB2 Category through my employee. But I already have a green card in process via my spouse's employee in EB3 Category.
1. So will I be able to get the priority date of the green card process which is in EB3 Category? -- NO
2. Can I add my spouse in my EB2 visa process? -- YES
3. What are risks involved, if any? -- Risk is the same for anyone, just like the one your spouse took.
Many Thanks
See italics.
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Berkeleybee
04-14 11:52 AM
This news has been out for some time on Matt Oh's site.
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pmamp
04-05 08:26 PM
Thank you for the suggestion.
You dont have to apply for a COS as long as she is leaving US before her current I-94 expires. However, note that when she goes for her H4 interview, she might be asked to prove her H1 status by showing her employment details (recent pay checks, tax documents..) in addition to your employment documents before they give her the H4 Visa...This happened with one of my friends at Chennai embassy...Just wanted to give you a heads up on that....
You dont have to apply for a COS as long as she is leaving US before her current I-94 expires. However, note that when she goes for her H4 interview, she might be asked to prove her H1 status by showing her employment details (recent pay checks, tax documents..) in addition to your employment documents before they give her the H4 Visa...This happened with one of my friends at Chennai embassy...Just wanted to give you a heads up on that....
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desih1b
09-20 10:55 AM
No problem, because of the work NSC are transferring some cases to Texas. In fact, Texas center is issuing EAD and AP so fast. so your wife will get her EAD very soon.
thanks
thanks
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p7810456
10-24 05:15 PM
Hi guys,
I understand that after getting your 45day letter your case will be in the BEC database and will be processed in order.
Now I just saw people on this forum with PD Aug 2003 got approved 10/17.
and I know a friend with pd oct 2003 got approved in April.
Suppose that the guy got approved 10/17 was input to the system after the other luckier guy, the most conservative estimation is now pd Aug 2003 is being processed.
Anybody heard of any later PD being approved recently? from DBEC?
I'm just thinking, if we share the pd/approval information on this forum we'll have better estimates about our cases and have a somewhat less stressful life.
Thanks.
Some of my friends, whose PD is in early 2005, got approvals from DBEC recently!
I understand that after getting your 45day letter your case will be in the BEC database and will be processed in order.
Now I just saw people on this forum with PD Aug 2003 got approved 10/17.
and I know a friend with pd oct 2003 got approved in April.
Suppose that the guy got approved 10/17 was input to the system after the other luckier guy, the most conservative estimation is now pd Aug 2003 is being processed.
Anybody heard of any later PD being approved recently? from DBEC?
I'm just thinking, if we share the pd/approval information on this forum we'll have better estimates about our cases and have a somewhat less stressful life.
Thanks.
Some of my friends, whose PD is in early 2005, got approvals from DBEC recently!
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va_il
04-29 06:51 PM
I agree with you that you need to go with lawyers who are really specialized in immigration especially when the case is complicated.
I know a person whos company lawyer screwed up the case. (They are from a very reputed law firm). Then she went with Murthy, they did a great job and got it done for her. They charged her a lot but it was worth it.
So get the best out there. It may be expensive but if it fixes your case its worth it.
GCPOOL,
Thanks for the info you shared. I agree with you. Do you know if Rajiv's office can deal with PD porting issues successfully?
I know a person whos company lawyer screwed up the case. (They are from a very reputed law firm). Then she went with Murthy, they did a great job and got it done for her. They charged her a lot but it was worth it.
So get the best out there. It may be expensive but if it fixes your case its worth it.
GCPOOL,
Thanks for the info you shared. I agree with you. Do you know if Rajiv's office can deal with PD porting issues successfully?
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kp9999
04-23 11:57 PM
HI
1..I would like to know if an employer revokes 140, and if the AC21 is not submitted at the time of NOID...how many days are given by USCIS?
Is it 30 days?
2..If I go to another emplyer and try to do interfile, still I need to file AC21?
And if the new category is EB2(my old application is EB3), still is that ok?
For eg..EB3 title is system analyst, and if I want to go for Eb2 then which could be more apprepriate..?Senior SYSTEM ANALYST
appreciate your response..
kp
1..I would like to know if an employer revokes 140, and if the AC21 is not submitted at the time of NOID...how many days are given by USCIS?
Is it 30 days?
2..If I go to another emplyer and try to do interfile, still I need to file AC21?
And if the new category is EB2(my old application is EB3), still is that ok?
For eg..EB3 title is system analyst, and if I want to go for Eb2 then which could be more apprepriate..?Senior SYSTEM ANALYST
appreciate your response..
kp
brij523
03-01 07:43 AM
I have some good chance to get appointment with political figure in Savannah, GA. Anyone in Savannah, who will like to meet the political figure? I need answer within this week.
Please reply me or some IV core member, ASAP.
Thank
Please reply me or some IV core member, ASAP.
Thank
valluriraja
10-11 07:53 PM
HI,
Some one could you please let me know how and where I can give complaint about H1B holding company.
Some one could you please let me know how and where I can give complaint about H1B holding company.
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