sunny1000
12-15 12:37 AM
Dear All
I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.
Here is the summary of my case -
1) Came to US in 2004 on F1 visa.
2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.
3) Was laid off on 16th Novmeber 2007.
4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.
5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.
6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)
7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.
8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).
Now 2010 is coming and my visa will expire in September 2010.
I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).
I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.
I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.
Will i face problem during visa interview?
I am thankful to your comments and suggestions.
Thanks
Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.
Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.
I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.
Here is the summary of my case -
1) Came to US in 2004 on F1 visa.
2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.
3) Was laid off on 16th Novmeber 2007.
4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.
5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.
6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)
7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.
8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).
Now 2010 is coming and my visa will expire in September 2010.
I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).
I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.
I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.
Will i face problem during visa interview?
I am thankful to your comments and suggestions.
Thanks
Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.
Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.
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kumar1
04-02 09:56 AM
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martinvisalaw
09-23 03:34 PM
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
This is possible, although unusual.
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
The employer cannot request a H-1B change of status start date more than 6 months ahead of the filing. Maybe they plan to apply for you as a "notify", meaning the H-1B won't automatically take effect, but will only start when you leave the US and re-enter in H-1B status. That's the only way to get a H-1B to start more than 6 months ahead. If it is a "notify" filing, your wife cannot file anything until you "activate" your H-1B status.
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
First - she files the F-2 and H-4 applications, not you. She can only request a change to H-4 status after you activate your H-1B, if it approved as a notify as explained above. If the employer is filing as an automatic change of status, she should request the H-4 change with you. She will not be eligible for F-2 status after your F-1 ends.
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gcchaahiyey
04-07 03:53 PM
But what happens if they send out FP notice and she doesn't do FP...it is going to be few years to get divorce as we have daughter...So i am pretty much sure i will get GC before we get divorce...At this point i cannot let USCIS know also because we are not yet divorced.
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
Since it looks like you are the primary applicant and your wife is the derivative beneficiary, I do not think your processing should be affected. I am not sure what you need to do to inform USCIS of your new status after you are divorced from your wife.
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Saralayar
08-05 01:36 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
I wish Pappu's words become true...;)
I wish Pappu's words become true...;)
pwright
09-20 12:51 PM
Hi all,
I have been stuck in the name-check nightmare for almost 2 years now and looking to join a class-action with other people. Can anybody direct me??
Thanks
I have been stuck in the name-check nightmare for almost 2 years now and looking to join a class-action with other people. Can anybody direct me??
Thanks
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Templarian
08-20 04:01 PM
Really nice one. The mouth is perfect. I think with some themes they sort of need an outline though, not all the themes use the default white I don't believe.
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kirupa
09-11 10:31 PM
Hmm interesting! I am completely swamped with other tasks right now, but I'll *try* to look at in greater detail shortly :)
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gc_perm2k6
12-02 03:38 PM
Could you please share how you filed SR, my h1 extn is pending for 92 days.
You need to ask the person, who filed the extension to call USCIS Number and the representative will open SR for you if you are eligible, i.e. Your receipt date is less than Processing Dates by 60 days. Only employer can call for opening SR.
You need to ask the person, who filed the extension to call USCIS Number and the representative will open SR for you if you are eligible, i.e. Your receipt date is less than Processing Dates by 60 days. Only employer can call for opening SR.
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Dingdong
02-27 10:34 PM
You can get your FICA taxes back for the period you were on F1. I did the same several years ago. You will need to search the IRS website for the right refund form. Make sure you were NOT already having less taxes withheld when you were on F1.
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GC_1000Watt
01-26 12:50 PM
Question to Mr. President:
In the world of so called "Equal Opportunity" I wonder why we have country quota on employment based green card system.
And on top of that I really have no idea why the concerned authorities can't recapture thousands of wasted employment based visas in the past.
Mr. President, I am sure that once the employment based green card is being taken care of there will be thousands of immigrants becoming proud permanent resident and will not hesitate investing in houses/cars/etc to give the much required boost to the economy.
I'll request you to please provide your kind cognizance on the much awaited employment based immigration relief.
Thanks in advance.
One of the many a thousands of sufferer of slow employment based green card system.
In the world of so called "Equal Opportunity" I wonder why we have country quota on employment based green card system.
And on top of that I really have no idea why the concerned authorities can't recapture thousands of wasted employment based visas in the past.
Mr. President, I am sure that once the employment based green card is being taken care of there will be thousands of immigrants becoming proud permanent resident and will not hesitate investing in houses/cars/etc to give the much required boost to the economy.
I'll request you to please provide your kind cognizance on the much awaited employment based immigration relief.
Thanks in advance.
One of the many a thousands of sufferer of slow employment based green card system.
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makemygc
07-11 12:37 PM
/\/\ Bump /\/\
I remember one yawl (I guess Chinese national) who participated in flower campaign. You can PM him and see if he/she is from aroung NY area.
I remember one yawl (I guess Chinese national) who participated in flower campaign. You can PM him and see if he/she is from aroung NY area.
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kothuri
06-10 10:53 AM
I understand your situation. My employee had an issue and I applied Nunc pro Tunc based on advise from my lawyer. We applied H1B for her but unfortunately applied consular processing for which she had to go out of the country to get an I94 and we didnt know about it and she continued working in the country for 5 months at which point she realized what had happened. She was technically out of status because she was not supposed to work.
Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.
Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.
Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.
Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.
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PDOCT05
10-29 11:42 AM
What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.
If it is your lawyer's fault, you can take appropriate action with him.
It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)
Thanks,
If it is your lawyer's fault, you can take appropriate action with him.
It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)
Thanks,
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sbabunle
08-24 06:41 PM
Hello GreatGuy
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
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srkamath
08-06 08:59 PM
If 3600 have been approved, then between 7200 and 9000 numbers have already been consumed based on an average of 2 or 2.5. Take your pick. We have only completed 4 business days in August. At this rate we'll blow through the 20,000 numbers in less than ten days. That means EB2 becomes U in Sept and it makes 2006 approvals look even more egregious.
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
vdlrao estimated 50k for AUG & SEP didn't he (or she)? I hope it is right...
They have no reason to retrogress the dates severely even if they consume most of the visas. It is not as if there are thousands waiting to apply for I-485 in Sep.
I may also be totally wrong - Maybe that's why they are working the PDs backwards, to maximize retrogression - just kidding
Welcome to the United States Confusing & Incompetent Services a.k.a USCIS :mad::mad::mad:
vdlrao estimated 50k for AUG & SEP didn't he (or she)? I hope it is right...
They have no reason to retrogress the dates severely even if they consume most of the visas. It is not as if there are thousands waiting to apply for I-485 in Sep.
I may also be totally wrong - Maybe that's why they are working the PDs backwards, to maximize retrogression - just kidding
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sidbee
04-29 09:59 AM
I truly believe India IS a developed country.
Sorry , wont agree with you.
It does have the potential to be , and it would be if the corruption in the government ceases to exist. The amount of money Indian politicians, have in swiss banks, and other offshore banks , is amazing.
Sorry , wont agree with you.
It does have the potential to be , and it would be if the corruption in the government ceases to exist. The amount of money Indian politicians, have in swiss banks, and other offshore banks , is amazing.
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whiteStallion
11-18 09:31 PM
I guess you already know but can't help to remind this :
USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).
So, NO, your mails will not be lost!
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).
So, NO, your mails will not be lost!
Did you even read my first post?
No one would like their documents delivered to a wrong address, sent back and lost in mail etc?
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gr8dain
June 14th, 2005, 07:51 AM
Forgive my ignorance, but would you be able to use the extension tubes mentioned above with a third party lens like the Sigma Gary mentioned? Obviously the Sigma lens would have to be a Nikon mount since the tubes mentioned above are Nikon, but assuming the mounts were the same would that work?
Dain
Dain
fide_champ
02-15 09:19 AM
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
Thanks. One more question. Does the automatic visa revalidation apply to all country nationals. does it apply for an indian national?
G
Thanks. One more question. Does the automatic visa revalidation apply to all country nationals. does it apply for an indian national?
ronhira
01-09 03:18 PM
this is a fair analysis..... gutierrez doesn't care for anyone as long as there is a provision for legalization...... he doesn't care for family unity either.... he just wants "legalization"...... but he could have done this without walking on me & beating me down.... in that sense it could it be interpreted that gutierrez is a jerk.... & like grassley..... he hates people like us.....
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