rathodman
04-28 12:54 PM
Hi,
I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:
1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?
I'll really appreciate your response on this.
Thanks,
Manish
I did H1B Transfer from Company A to Company B on 12/07/09. But after 2 RFEs, my H1B got denied with Company B (for employer-employee relationship issue even though my company B is direct Vendor with current Client) on 04/22/10. I'll reapply appreciate if you can help me with following questions:
1) Am I out of status from now? If not, when will I go out of status? Is there any grace period do I get for stay in US after denial?
2) Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved? What if the appeal is rejected? I'll be out of status from the date when H1B was denied. Am I correct?
3) Is it possible to re-apply for H1B transfer (with Company B or with any other Company) after denial and continue working at client site (without leaving the country) or I need to leave Country till new H1B transfer application gets approved?
5) I have approved H1B & I94 from my previous Company A valid till 10/30/2011. Also I have approved H1B from Company D (for which I never worked so far) valid for another 1 year. Both these H1B status is showing Active on USCIS website. So is it possible to work with any of the Company C or D without any h1B transfer? If yes, what will be my I-94 date in that case (how long can I work legally on their H1)? Can I continue to work till their I-94 date? Won't my current denial I-94 date override previous I-94 dates?
I'll really appreciate your response on this.
Thanks,
Manish
wallpaper Girl Eat clip art
131313
November 16th, 2004, 09:23 PM
I gotta see this place. ...very inviting photographs.
ghost
07-20 11:21 AM
:D Send it to Jay Leno for Monday Night News. You can black out any personal information
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yogi13
06-28 10:24 AM
My wife have a birth certificate from the muncipality. The birth was registered soon after she was born and her parents named her before registration so there are no issues as far as late registration or "no name" is concerned. The only concern I have is that the birth certificate mentions only the first names of her and her mother although her father's full name is mentioned. Will this be a problem. The muncipalities in India register the birth in this manner, their explanation being that a child's full name is his/her first name followed by the father's full name. Similarly a married woman's full name is her first name followed by the husband's full name. I know this is not necessarily true in the USA. So I was wondering if this might be a problem.
Is there anyone in this forum who had a similar situation and their certificate worked?
Any insight on this will be greatly appreciated.
Is there anyone in this forum who had a similar situation and their certificate worked?
Any insight on this will be greatly appreciated.
more...
h1vegas
06-30 05:27 PM
link doesnt work
pls check and resend
pls check and resend
dilipcpa
02-13 07:48 PM
Hello
I am a CPA and working for good regional CPA firm in Kentucky state.
if you need any hel you cam email me at dilipcpa@yahoo.com.
i can help you setting up corporation.
Thanks
I am a CPA and working for good regional CPA firm in Kentucky state.
if you need any hel you cam email me at dilipcpa@yahoo.com.
i can help you setting up corporation.
Thanks
more...
Project_A
11-15 04:36 PM
Looks like the demand data does not include the backlog at NVC. How does it work? I am not familiar with the process. Any ideas...?
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
2010 2010 stock vector : Small girl
lee8191
05-20 08:09 AM
Hello, I'm Hyoung and I'm graduate student at Purdue University.
I handed in my paperworks to extend my I-20 before more than 2 weeks ago that is expired. But recommendation reason that my academic advisor wrote was not appropriate and that was "Keep studying Ph.D". I am planning to graduate my masters in August. And I-20 is expired on May/16.
Actually, I was notified that issue 5 working days before from ISS in my school that the reason is not appropriate and handed in a new recommendation form one day after when my I-20 expired.
At this case, do I need to follow applying procedure for a reinstatement with application fee $300?
I'm so depressed because I did everything that I could do to prevent this problem. But whenever I email to ISS of the school, the answer was that I should finish my masters within May/16 that is impossible for me. And Finally, they emailed me that I need to apply reinstatement now.
If there is some tips to resolve this issue that you can tell me, could you let me know?
Thank you so much
Regards
I handed in my paperworks to extend my I-20 before more than 2 weeks ago that is expired. But recommendation reason that my academic advisor wrote was not appropriate and that was "Keep studying Ph.D". I am planning to graduate my masters in August. And I-20 is expired on May/16.
Actually, I was notified that issue 5 working days before from ISS in my school that the reason is not appropriate and handed in a new recommendation form one day after when my I-20 expired.
At this case, do I need to follow applying procedure for a reinstatement with application fee $300?
I'm so depressed because I did everything that I could do to prevent this problem. But whenever I email to ISS of the school, the answer was that I should finish my masters within May/16 that is impossible for me. And Finally, they emailed me that I need to apply reinstatement now.
If there is some tips to resolve this issue that you can tell me, could you let me know?
Thank you so much
Regards
more...
guyfromsg
07-26 08:31 PM
hey guys,
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
According to USCIS FAQ 14, 485 can be filed without medical examination report. You will get a RFE instead of rejection
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
i send in my i-140/i485 along with those for my wife. as luck will have it, I forgot to include her sealed i-693. i am planning to send it tomorrow with a cover letter. is that okay? is there anything else I can do?
I will appreciate any help.
thanks
ashish
According to USCIS FAQ 14, 485 can be filed without medical examination report. You will get a RFE instead of rejection
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
hair Cartoon Girl with Black Hair
h1b_slave
09-17 11:04 AM
Hi!
I was wondering what are the benefits of EAD to primary(H1B) applicant before 180 days, i understand that AC21 & it's benefits can be invoked after 180 days from receipt date.
But is there any benefit of having EAD if 180 days from 485 receipt date are not over ?
I was wondering what are the benefits of EAD to primary(H1B) applicant before 180 days, i understand that AC21 & it's benefits can be invoked after 180 days from receipt date.
But is there any benefit of having EAD if 180 days from 485 receipt date are not over ?
more...
Munna Bhai
01-25 08:08 AM
Hello,
What one should do to work in projects which needs security clearance.Is there any way out for H1bs?
Thanks,
What one should do to work in projects which needs security clearance.Is there any way out for H1bs?
Thanks,
hot Eating Vegetables cartoon 2
kondur_007
03-09 06:38 PM
You need to speak to a very good lawyer before doing this.
As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).
Doing so will violet H1B status.
So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.
This is technical law...just so you know.
Good Luck.
PS: I like your idea and I admire your dream.
As far as I know, While you are on US soil on H1B visa: you can not work for anything else (not even during after hours, on holidays etc) for any company (not even an Indian company).
Doing so will violet H1B status.
So yes, you can establish a company in India when you go there for vacation, become a CEO of it and work for it (while you are there), but can not work as a "CEO of indian company" while you are on US soil.
This is technical law...just so you know.
Good Luck.
PS: I like your idea and I admire your dream.
more...
house little cartoon girl running.
GCLONGWAIT
09-16 04:53 PM
Would appreciate guidance from attorneys and anybody gone through such an experience or having knowledge about it. Below is my scenerio:
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
My I-140 in EB-3 was denied and was appealed. As a response for my appeal, I received a notice of Derogatory Information and RFE.
After receiving this notice, we realized that company's old lawyer unintentionally clicked a wrong answer in the labor application that was filed and approved in 2006. There is the clause on Page one of ETA form 9089, Part C, point # 9, where we have statement if there is any familial relationship of the alien with the owners / partners of the sponsoring company. This was done by the old lawyer and he is no more working for the company.
In the notice, the appeal officer has mentioned "if a familial relationship exists between the beneficiary and the petitioner's owners / partners , and this was not disclosed to the DOL, USCIS may invalidate the labor certification based on this misrepresentation. You are therefore, requested to explain what familial relationship, if any, exists between the beneficiary and the officers of the company."
The above mistake was done intentionally as the company's present lawyer did mention about the familial ties of the beneficiary with the partner of the company in the H-1 application that was approved in 2009 and in the new labor application EB-2 category that was filed in 2009 and still pending. Also, a separate letter regarding the same was sent to the labor department this year along with the other supporting documents as a answer to audit.
Looking at the above scenario, can you all please let me know:
Is there a possibility to explain the appeal Officer that it was an unintentional mistake as it was not meant to hide as in 2009 , that is a year before this notice was sent out, labor department was given the right answer in another labor application and USCIS did approve the H-1 even after they knew that the familial ties did exist.?
OR
Am are they surely going to revoke my old labor?
Any help or guidance would be highly appreciated and anybody gone though the same can please let know their experience.
Thanx in Advance
tattoo Little Cartoon Girl Hugging
IWannaBeHowdy
11-14 10:52 AM
Hello everyone,
Please shed some light on this
I am going to a different Application Support Center than the one in my notice.
I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?
If no how should I find/locate the nearest ASC to where I live?
The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.
Thanks in Advance
Please shed some light on this
I am going to a different Application Support Center than the one in my notice.
I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?
If no how should I find/locate the nearest ASC to where I live?
The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.
Thanks in Advance
more...
pictures Beef Cartoon 7435: As a cow
WeShallOvercome
08-22 04:43 PM
It is a case to sign in native language...
Well, if you forgot to fill the native language thing but signed the form, you don't have to worry about anything. Although the form is incomplete, the officer has no way of knowing for sure that your native alphabet is other than English... You may or may not get an RFE on this later...
Enjoy
Well, if you forgot to fill the native language thing but signed the form, you don't have to worry about anything. Although the form is incomplete, the officer has no way of knowing for sure that your native alphabet is other than English... You may or may not get an RFE on this later...
Enjoy
dresses Christmas Dinners cartoon 3
deba
04-03 06:56 PM
Hi all, not sure if this has been posted in any other thread, if so, Admin please delete.
I was surprised to get a letter in mail from USCIS today dated March 26th referring my letter sent to White House from IV letter campaign.
Basically it says the letter was forwarded to USCIS from White House and after they researched my case, it is still under name check and my PD is not current yet for a visa. They also included three inserts on fact sheet about name checks-why and how, new memorandum on name checks that has been discussed here and the March/08 visa bulletin showing that my priority date is not current.
Just basic stuff but I wonder if these are being sent to everyone that sent a letter to the President during the campaign. Anyone else received the letter?
I was surprised to get a letter in mail from USCIS today dated March 26th referring my letter sent to White House from IV letter campaign.
Basically it says the letter was forwarded to USCIS from White House and after they researched my case, it is still under name check and my PD is not current yet for a visa. They also included three inserts on fact sheet about name checks-why and how, new memorandum on name checks that has been discussed here and the March/08 visa bulletin showing that my priority date is not current.
Just basic stuff but I wonder if these are being sent to everyone that sent a letter to the President during the campaign. Anyone else received the letter?
more...
makeup Eating: Dinner
va_dude
09-24 04:20 PM
The choice is pretty clear - apply for your GC (labor).
That way atleast you are in the system and have a PD.
Later on you might have some options to switch from Eb3 to Eb2 with the same or a different employer. Also if uscis manages to clear most of the backlog by end of 2010, then your wait won't be as bad as it has been for folks waiting since 2003.
And maybe even the possibility of a CIR bill next year will speed things up for you.
So the way i see it, things really cannot get any worse for you. So just apply.
That way atleast you are in the system and have a PD.
Later on you might have some options to switch from Eb3 to Eb2 with the same or a different employer. Also if uscis manages to clear most of the backlog by end of 2010, then your wait won't be as bad as it has been for folks waiting since 2003.
And maybe even the possibility of a CIR bill next year will speed things up for you.
So the way i see it, things really cannot get any worse for you. So just apply.
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MYGC2008
01-20 08:42 PM
No Biometric fee required to renew AP.
hairstyles Mike and I had dinner earlier
gcpool
04-19 05:27 AM
I dont think we are doing any wrong here. I think it helps people. People can search who are the H1B and GC sponsoring companies. You can search about lawyers who have filed H1B and Green Cards.
dskhabra
09-22 08:57 AM
My H-1B petition is currently under processing in Vermont sevice center.
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
They usually try to approve most of the new H1B before 9/30. You might get it approved in this week.
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
They usually try to approve most of the new H1B before 9/30. You might get it approved in this week.
gconmymind
03-31 05:41 PM
Hi Guys,
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!
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