ajp5
02-25 12:56 AM
Sorry to hear about your situation. Many people are in a similar boat. Even though it may not mean much now, only tough times like these give us an opportunity for introspection & give us a chance to improve our lives. So hang on. all the best. answers below.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.
Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice
Thanks a lot for your time. I appreciate your help in this regard.
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
If you go after 1 month you will need paystubs for that month. Transfers are a little difficult to come by these days, specially the ones related to consulting companies. Try and find a job asap and make sure you paper work(stubs,new company) is upto date
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
Yes h1 to h4 is possible. Might take around 3-4 months. Cant leave US till you get a response. You can come back on h1b when you get another job. You will not be counted against any cap, will not have any time limitation and period spent on h4 will not be counted against your h1b time. However USCIS knows people are doing this so ofcourse there is increased scrutiny while going from h4 to h1
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
I understand you are trying to throw all you have here but changing status from H1 to H4 to F1 to h1 will raise red flags. ofcourse can be done but dont expect USCIS to be happy about it. They might throw a bunch of RFEs so make sure your case is solid.
Consult with an immigration lawyer - that will be 200$ well spent. This is no joking matter. You need good advice. This forum can give you an idea but what you really need is professional advice
Thanks a lot for your time. I appreciate your help in this regard.
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anilsal
12-20 11:50 PM
I wish Sen.Cornyn to have a wonderful holiday season. May he be well rested so that he gets motivated to pass the SKIL bill in Jan/Feb.
srinivasj
05-18 01:34 PM
I read those threads....I appreciate his efforts and patience in doing it...those articles are though provoking..
it is not random fun or irrelevant topics..
it is not random fun or irrelevant topics..
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mudigondag
01-25 05:05 PM
I went thru the same experience for my daughter. Without GC you can not apply in 90% of MED schools in US. Among other states, some MED schools in Texas and Alabama do not need GC. Similarly some DO schools do not need GC. Without GC, you may explore Caribbean Med Schools. Some of them (especially St George, Ross and Saba) are at per with US MED schools, accepted by all US states and are eligible for Federal Loan.
Good Luck to your daughter.
Thanks ksircar;
Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
Thanks
Venu
Good Luck to your daughter.
Thanks ksircar;
Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
Thanks
Venu
more...
raysaikat
03-28 06:53 PM
Dear All,
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Yes.
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.
If you can get CPT approved by your school, then you can work for the employer during the summer months.
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).
If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.
If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.
Thank you very much for your help.
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Yes.
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.
If you can get CPT approved by your school, then you can work for the employer during the summer months.
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).
If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.
If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.
Thank you very much for your help.
bebar
05-20 02:03 PM
Guys
Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?
Thanks!
Is there a similar streamline process for Nebraska Service Center. My case which was pending for nearly two years at TSC just recently got transferred to NSC and my PD will not be current starting next mont. Is there any thing that I can do in the next 10 days or so?
Thanks!
more...
shilpianand
11-03 01:32 PM
Stop asking dumb questions over and over again janta.nath
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copsmart
06-23 10:22 PM
Same here.
I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.
Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.
you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.
I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.
Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.
you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.
more...
pasupuleti
06-20 12:49 PM
I live in bayarea. If we have't found enough people from LA, i can drive to LA.
If more people wants to join documentary efforts from bay area , we all can car pool together.
If more people wants to join documentary efforts from bay area , we all can car pool together.
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enthu999
07-17 10:15 AM
I am NOT going for another TN renewal which might pose a problem once my AOS is filed next time. I will be entering in H1 status.
more...
deecha
06-18 02:02 AM
Hi,
My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.
My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.
If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?
Any one, Please kindly give your suggestions.
Thanks
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
My EB3 Priority date is Feb 2004. I have approved I-140 and have a copy of approval I-140
notice. I have not filed 485. This is my 10th year in H1b visa.
My H1B visa is ending in Nov 2010. Due to family situation, I am planning to go to
India for 1 year, My employer may or may not apply for my H1B renewal.
If my current employer cancels my approved I-140 & did not extend my H1b visa, Is it
possible for me to port that approved I-140 priority date (Feb 2004) when I am filing Green card through some other employer in the EB2 or EB1 category in
the future ?
Any one, Please kindly give your suggestions.
Thanks
Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.
I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.
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The7zen
01-09 05:18 PM
I went out of the country for 7 weeks on vacation and just came back on new years eve, Port of entry: Chicago, the IO (real gentleman) needed only the passport and the AP, did the usual verifications and gave the new I-94, max 10mins.
Note: I also had all the supporting documents which Vin13 mentioned. Thou the IO didnt ask for these documents, its good to have them handy, avoids lots of trouble on both ends.
Have a safe trip.
-7zen
Note: I also had all the supporting documents which Vin13 mentioned. Thou the IO didnt ask for these documents, its good to have them handy, avoids lots of trouble on both ends.
Have a safe trip.
-7zen
more...
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roseball
08-21 11:00 AM
Hi All,
Can we follow up case details only with WAC Receipt from both TSC and NSC.
Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC or TSC.
Thanks
Yes, my friend and his wife got approved. His was a TSC - WAC - TSC case, receipted with WAC#.
Early last week both their cases had a LUD and the status changed to moved to local USCIS office.....The status still shows the same online...However, my friend (primary applicant) received I-797 approval notice for his I-485 on Aug 15th and his wife received the approval notice yesterday in the mail (USPS mail)...No emails nothing....And the online status is still received and pending....His PD is May' 25th 2006 EB2-I with a RD of July 31st, 2007....
Looks like there is no order to this madness.....
Can we follow up case details only with WAC Receipt from both TSC and NSC.
Any one approved with WAC receipt with PD'2005 and PD'2006 from NSC or TSC.
Thanks
Yes, my friend and his wife got approved. His was a TSC - WAC - TSC case, receipted with WAC#.
Early last week both their cases had a LUD and the status changed to moved to local USCIS office.....The status still shows the same online...However, my friend (primary applicant) received I-797 approval notice for his I-485 on Aug 15th and his wife received the approval notice yesterday in the mail (USPS mail)...No emails nothing....And the online status is still received and pending....His PD is May' 25th 2006 EB2-I with a RD of July 31st, 2007....
Looks like there is no order to this madness.....
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bp333
11-04 10:14 AM
Hi, my 485 was rejected initially for "misisng or incorrect fee", per the rejection notice my attorney refiled the app. When refiling the app he sent two checks, one for old fee and the other to make up the difference for new fee. So, USCIS has an option to choose. Now, the Supervisor is insisting us to show evidence of a check being sent (or cashed) in the first place. The Supervisor has asked my attorney to take the time he needs and respond via fax once he's done reconciling. Now, that all the applications have been processed, my attorney has been able to reconcile the check register and confirm that they missed to send the check with my application. He is planning on writing an aplology letter to the Supervisor, do you folks think that Sprvr might receipt the app or reject ?
Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.
If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.
Given, the July fiasco, Fee increase, and the number of applications attorney's had to process these clerical errors are bound to happen I doubt if USCIS will show any leniency in this. Please let me know if any one is in a similar situation.
If the supervisor rejects the application (as its incomplete) what would be options ? Can I write a letter to USCIS director and explain him the situation and ask him to reconsider it ? Bottom line, why cannot they give us a second chance. It's evident that USCIS has done mistakes as well (improper fee rejections etc). I do understand that there is no law requiring them to return my app on time (in fact they kept it for 95 days before they rejected), if they returned my app on time I would have had a chance to return it back with fee. Any thoughts ? Thanks.
more...
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vandanaverdia
10-26 01:17 PM
bump
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inspectorfox
09-29 09:50 PM
Responding to RFE for Ability to Pay is a very complex process. Some of you folks make it sound very simple but there is much more to it then just submitting an Audited Tax Return or W2. I have not come across any single person who seems to have the expert knowledge on handling this other than United Nations. There was an RFE on my pending I140 and I don't even trust the response prepared by my immigration attorney at Murthy Law Firm. My case is pending at USCIS TSC for a year now. I am not defaming anyone here but United Nations is the only person who has the greatest knowledge on addressing this matter.
more...
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funnymdguy
11-16 11:24 AM
I applied for my EAD in July 2007, got it approved Oct 2007, mailed to me but I NEVER received it.
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
Today I called USCIS and it says that since it is not "returned to them as undeliverable", they CAN NOT do anything . I will need to APPLY for it again??
Please Help since I dont know what to do as I was expecting the EAD card to start a new job.
Thanks in advance
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rajpatelemail
11-05 07:47 PM
I think - there will be more people in AF Unit this consulate
As Hyderabad is very popular in those lines.
As Hyderabad is very popular in those lines.
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inthehole
08-24 01:15 PM
"You need information or other services"
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
Hi aps1,
Thanks for your response. I selected the option you mentioned and I am able to get the appointment.
The reason for my infopass is its been more than 90 days since I filed for EAD. There is one option specifically for this scenario. When I selected this option I am getting "No appointments available" message for the past one month.
May I know what is the reason for your infopass?. Is your infopass is due to the delay in EAD renewal process?
I used this option. I tried in the afternoon around 1.00PM
Hope this helps!
Hi aps1,
Thanks for your response. I selected the option you mentioned and I am able to get the appointment.
The reason for my infopass is its been more than 90 days since I filed for EAD. There is one option specifically for this scenario. When I selected this option I am getting "No appointments available" message for the past one month.
May I know what is the reason for your infopass?. Is your infopass is due to the delay in EAD renewal process?
krucie
03-16 01:20 PM
Hello Everyone,
I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.
Please advise.
Thank you.
I currently have an employment based I-485 application pending (EB3, India). My application was filed when I was single. Now my spouse is getting ready to file his 140/485concurrently (EB2 NIW, non-retrogressed country). Since I already have a pending 485 application, we do not plan on submitting another 485 application for me when he files his. My understanding is that once he receives his 485 receipt notice, we would just need to inform USCIS that both our 485 applications need to be merged (his being the primary, and mine being the derivative). I just wanted to confirm that this is correct, or if there is anything else that needs to be done.
Please advise.
Thank you.
chi_shark
04-28 11:29 AM
"approvable" is the right term.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
what if there is an rfe on the 140 when the case is not approved (but is approvable) and the employee has already quit? wont the 140 sponsor have to respond saying that employee nada exists? so, even though "approvabe" may be the right legalese, isnt "approved" more practical and relevant for us as beneficiaries.
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