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
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rockstart
10-28 07:03 PM
I agree with others its much easier to re-send documents than try to talk to USCIS over it.
h1bdude1
03-26 12:39 PM
thank you for your reply.
but i read somewhere that its better to send chest X-Ray Report with I-693 so that USCIS will not get any excuse to send RFE in the future.
Physician will advise you if a chest X-Ray is needed.
but i read somewhere that its better to send chest X-Ray Report with I-693 so that USCIS will not get any excuse to send RFE in the future.
Physician will advise you if a chest X-Ray is needed.
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dalishi
09-04 04:39 PM
thank you so much!! I appreciate your help :)
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nonlimit
02-10 07:20 PM
Hi,
I would have some questions concerning my case (didn't really find anything related).
- Up until December I was in the States under a F-1 visa.
- During December my H-1B was approved for my job which starts in February.
- I left the States at the end of December and reentered in February 2010 under the H-1B.
- I will start work in February and applied for a Social Security Number yesterday.
Now I'm not sure how to file taxes for 2009.
Due to the sign-up Bonus which I got for my new job I received a W-2 form which has 2009 written on it. 25% of my Bonus was withheld. Since I was a student in 2009 I'm not sure whether that is too much or the normal amount. Any ideas?
Are there any special forms I have to fill out due to this Bonus? Moreover: Is the Software I use for making my taxes independent of my Visa status? Do I have to indicate somehow that I was an F-1 last year and am now an H-1B. I mean I didn't even have a SSN last year.
I'm really lost here :(. Any help is appreciated.
Christian
I would have some questions concerning my case (didn't really find anything related).
- Up until December I was in the States under a F-1 visa.
- During December my H-1B was approved for my job which starts in February.
- I left the States at the end of December and reentered in February 2010 under the H-1B.
- I will start work in February and applied for a Social Security Number yesterday.
Now I'm not sure how to file taxes for 2009.
Due to the sign-up Bonus which I got for my new job I received a W-2 form which has 2009 written on it. 25% of my Bonus was withheld. Since I was a student in 2009 I'm not sure whether that is too much or the normal amount. Any ideas?
Are there any special forms I have to fill out due to this Bonus? Moreover: Is the Software I use for making my taxes independent of my Visa status? Do I have to indicate somehow that I was an F-1 last year and am now an H-1B. I mean I didn't even have a SSN last year.
I'm really lost here :(. Any help is appreciated.
Christian
vin13
03-23 10:00 AM
If your new employer is processing a H1 then you do not need EAD to initiate AC 21.
If the new employer is not processing a H1 then you would need to show your new employer the EAD inorder to start working for them. You say that you have the A# but do you also know the start and end date for the EAD? Your new employer needs to have all these to fill the I-9 form. YOU MAY BE ABLE TO BUY UPTO 90 DAYS TO SHOW THE EAD. READ THE INSTRUCTIONS FOR THE I-9 FORM. I HAVE ATTACHED A PORTION OF IT FOR YOUR REFERENCE.
READ THE I-9, EMPLOYMENT ELIGIBILITY VERIFICATION.
Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.
If the new employer is not processing a H1 then you would need to show your new employer the EAD inorder to start working for them. You say that you have the A# but do you also know the start and end date for the EAD? Your new employer needs to have all these to fill the I-9 form. YOU MAY BE ABLE TO BUY UPTO 90 DAYS TO SHOW THE EAD. READ THE INSTRUCTIONS FOR THE I-9 FORM. I HAVE ATTACHED A PORTION OF IT FOR YOUR REFERENCE.
READ THE I-9, EMPLOYMENT ELIGIBILITY VERIFICATION.
Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.
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rajuseattle
02-28 11:12 PM
gckidhamal,
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
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dohko
04-29 07:42 AM
I got the following message, does this mean they're sending me my green card? Or I have to wait until they say Card production ordered?
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On April 23, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On April 23, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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immilaw
09-18 04:15 PM
Dear Friends,
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
When the state workforce agencies (DOL's) transfered their applications to the Backlog Reduction Centers (BEC), the BEC sent a 45 days letter to the petitioner and the attorney to confirm if they are still interested in proceeding with the pending labor (some were pending for 4-5 years and they do not want to work on it unless the petitioner is still interested). The BEC gives them 45 days to respond, hence the name.
My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
Am I missing something here?
Can any one of you please explain what this letter is about?
Thanks,
Sreekanth
When the state workforce agencies (DOL's) transfered their applications to the Backlog Reduction Centers (BEC), the BEC sent a 45 days letter to the petitioner and the attorney to confirm if they are still interested in proceeding with the pending labor (some were pending for 4-5 years and they do not want to work on it unless the petitioner is still interested). The BEC gives them 45 days to respond, hence the name.
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p_kumar
07-19 04:03 PM
hey thanks sandiboy:D
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HalfDog
06-24 03:31 PM
Oh my god that is a thousand times better, great job.
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eb3retro
09-15 01:39 PM
Please update your profile.
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
more...
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GCPagla
03-04 10:09 AM
Hi,
I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.
Thanks in advance.
I have been filed in EB2 with a priority date of Feb 26 2007.
What you guys think about the possibility of my PD getting current this year?
I know that it needs a crystal ball to predict such horrendun things like PD movement, but I am just trying to get a poll on the general feeling about the spillover this year.
Thanks in advance.
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martinvisalaw
01-26 10:37 AM
He is out of status if the L-1 employer no longer exists or he is not working for that company. If the position still existed, he would be maintaining status even though the L-1 I-94 has expired, if the extension was filed before the I-94 expired. However, the issue isn't the late filing of the extension, it's the fact that he is not working for the company and really had no basis for filing an extension.
Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.
Having the extension pending means that he is not accruing unlawful presence (something that could subject him to a bar from the US), however he needs to rectify his status rather than rely on an inappropriate L-1. If he trusts his immigration lawyer, he should discuss the options with her/him.
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PHANI_TAVVALA
12-15 10:27 AM
I read on a competing forum that ITU is not allowed to register students under state board rules and operating illegally. You better check on this.
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days_go_by
01-29 02:07 PM
I was browsing the jobs forum on craigslist and i was shocked to see some user urging people to call Senator Cornyn to not push H1 and Eb visa increases.
Of all places I least expected anti immigrants to be so active on craigslist.
Those who still have doubts about what we are against, let this be an eye opener.
And what are we doing? fighting each other? Wake up
------------------------
http://forums.craigslist.org/?forumID=7
Immediate Calls Needed to Stop H-1B Increase < t_g > 01/29 11:33:27
Immediate Calls Needed to Stop H-1B Increase
Senator John Cornyn (R-TX) is leading an end-of-year effort to nearly double the importation of H-1B nonimmigrant foreign workers and to more than double the number of employment-based (EB) permanent residents admitted to the United States each year, among other things. This proposal would:
� Depress wages in high-skill occupations.
� Force more highly-skilled American workers onto the unemployment rolls.
� Further erode America�s middle class.
� Deter American children from pursuing degrees in high-tech fields.
Call the capitol switchboard at (202) 224-3121 or (877) 762-8762. Tell your Representative and Senators to oppose any H-1B increase. Who represents me?
Of all places I least expected anti immigrants to be so active on craigslist.
Those who still have doubts about what we are against, let this be an eye opener.
And what are we doing? fighting each other? Wake up
------------------------
http://forums.craigslist.org/?forumID=7
Immediate Calls Needed to Stop H-1B Increase < t_g > 01/29 11:33:27
Immediate Calls Needed to Stop H-1B Increase
Senator John Cornyn (R-TX) is leading an end-of-year effort to nearly double the importation of H-1B nonimmigrant foreign workers and to more than double the number of employment-based (EB) permanent residents admitted to the United States each year, among other things. This proposal would:
� Depress wages in high-skill occupations.
� Force more highly-skilled American workers onto the unemployment rolls.
� Further erode America�s middle class.
� Deter American children from pursuing degrees in high-tech fields.
Call the capitol switchboard at (202) 224-3121 or (877) 762-8762. Tell your Representative and Senators to oppose any H-1B increase. Who represents me?
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senocular
10-27 08:42 PM
Stop wasting your pixels!
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austingc
04-29 05:45 PM
I have a couple of questions regarding H1B.
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.
The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).
Is this true? any ideas?
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raja_san
05-10 11:24 AM
Hi
My 6 years of H1B visa expires on Feb 2012. Can I transfer to H4 Dependant Visa on my wife's H1b Visa or F1 Visa for one year and after one year re-apply for a fresh H1B visa? or I have to go outside USA for one year and then Apply for fresh H1B Visa.
Thanks,
Raja
My 6 years of H1B visa expires on Feb 2012. Can I transfer to H4 Dependant Visa on my wife's H1b Visa or F1 Visa for one year and after one year re-apply for a fresh H1B visa? or I have to go outside USA for one year and then Apply for fresh H1B Visa.
Thanks,
Raja
h1checker
10-01 03:13 PM
Hi All,
I am attending my visa interview next week in one of the Indian consulate. Sometime back I came across a website which lists each persons interview date and there visa status - approved/denied. I am not able to re-collect that link
Does any one has any idea?. Basically that link shows the status of visa interviews conducted.
Thanks in advance
I am attending my visa interview next week in one of the Indian consulate. Sometime back I came across a website which lists each persons interview date and there visa status - approved/denied. I am not able to re-collect that link
Does any one has any idea?. Basically that link shows the status of visa interviews conducted.
Thanks in advance
macrosky
11-07 12:51 AM
thanks, ssdtm.
Can someone explain a little bit more about changing AOS to CP?
Can someone explain a little bit more about changing AOS to CP?
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