stevensjd
10-20 03:28 PM
"Service Center Processing Dates for Texas Service Center as of: August 31, 2008 " :confused::mad:
wallpaper Great Wall of China
Raj_2009
12-16 03:37 PM
Hi experts,
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
I need some expert advice for H1B transfer case and vacation plan.
Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.
Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.
Legal opinion
But my attorney says that
1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.
Questions:
But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.
I have few below questions regarding the situation that I have. Kindly answer my questions..
1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?
3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.
Kindly provide your honest opinions so that I can take my decision for my future.
Thanks,
Raj
sanu121
12-22 05:07 PM
Austin+1
Count me in.
Count me in.
2011 Great Wall of China.
aat0995
08-07 11:50 AM
Mine was transferred sometime in Nov or late october of 07. They didn't do anything until the date for I-485 became current on 1st august. However, it might be just a co-incidence as my I-485 is still pending. So I am probably not under PPP program going on in TSC.
more...
singhsa3
06-02 03:54 PM
What is the basis for the answers? Please provide some reference.
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Happy Scenario
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
I thought that answer to
Q1: Yes they need to re do I-140
Q2 : Regular timeframe
Happy Scenario
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month
Not so Happy scenario and reality
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated
We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives
redcard
11-07 12:27 PM
Hi,
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
Yes,, its valid for ten years..irrespective of the fact that your brother is in US or Not...
My parents got 10 year multiple entry US visa 2 years back. My brother who was residing here had sent the required documents and applied the visitor visa. My parents had visited me then for 3 months. Now I am planning to get my parents to US. But my brother no longer lives in USA. Is my parent�s visitor visa still valid since my brother is not residing here or should I re apply for my parents visitors visa. Any help or suggestions are appreciated. Thanks in advance.
Yes,, its valid for ten years..irrespective of the fact that your brother is in US or Not...
more...
ravi_hyd
10-26 10:53 PM
RD Texas: 3rd Aug
AP - Case pending
FP- Not Received
EAD - Card Prod. ordered
AP - Case pending
FP- Not Received
EAD - Card Prod. ordered
2010 tattoo Great Wall of China
cox
October 23rd, 2005, 11:31 PM
A weekend based in the City? If the weather is good, Marin, Point Reyes, and urban shooting... If the weather is bad, the city museums, food, and entertainment... I'll share my bag of glass ;)
more...
bayarea07
07-18 02:34 PM
:-)
hair About Great Wall of China
Axilleus
10-23 10:42 AM
EAD application sent Aug 26 (Arrived Aug 28)
RN Sep 17
FP Oct 20
Current Status: Case received and pending
I am supposed to start working on Nov 5 and I pray and hope to get my EAD by then.
RN Sep 17
FP Oct 20
Current Status: Case received and pending
I am supposed to start working on Nov 5 and I pray and hope to get my EAD by then.
more...
dsneyog
01-15 09:36 AM
Now I feel like they are just holding mine. LOL. Good to know.
My application received: Dec 2
Check cashes: Dec 7
Status: Initial Review
Expedite Request file: Jan 14th
I paper filed AP at TSC on Dec 14 ( Renewal)
Check cashed on Dec 16
Ap received on Jan 9
Total : 3 weeks
Paper filing works better for AP at TSC.
( I had a bad experience when I E-filed at TSC last time.)
My application received: Dec 2
Check cashes: Dec 7
Status: Initial Review
Expedite Request file: Jan 14th
I paper filed AP at TSC on Dec 14 ( Renewal)
Check cashed on Dec 16
Ap received on Jan 9
Total : 3 weeks
Paper filing works better for AP at TSC.
( I had a bad experience when I E-filed at TSC last time.)
hot of The Great Wall of China
gcpain
07-24 04:42 PM
Thanks for clarification.
more...
house Great Wall of China
newbie2020
09-29 10:02 AM
I can give u mine....PM me..if you need
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alex77
10-11 01:39 PM
If you have not used EAD then your H1B is still valid and so spouse's H4 should be valid too. If you have used EAD then your H1B is not valid and in that case, your stay becomes illegal too.
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.
In this case for any reason, if the 485 is cancelled, spouse will be out of status.
Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.
Gurus Please guide.:confused:
more...
pictures Photo: The Great Wall
sandyn16
03-17 12:35 PM
I applied recently for refinancing on H1B (1 yr extensions) and did not face any issues. I had to provide additional documentation like the 485 receipt, apart from that no issues.
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GCSeeker123
03-24 12:07 PM
Yes you can Port your PD if your EB3 I-140 is Approved.
Once the I-140 gets Approved the PD is locked.
You can file a Labor under EB2 Using your MBA degree, once this Labor gets
Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.
Once the I-140 gets Approved the PD is locked.
You can file a Labor under EB2 Using your MBA degree, once this Labor gets
Approved attach your OLD EB3 I-140 Copy and Port to your NEW EB2 Case.
more...
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21stIcon
04-10 07:19 AM
I filed my conversion case two months ago, they have not withdrawn my BEC case yet since BEC had not sent 45 days letter so far and BEC could not locate my old case to verify with new case, so my conversion case dormant at PERM as well as old case @ BEC. no use of PERM conversion if you have not received 45 days letter, it may be helpful for who have received 45days letter and waiting for BEC decision.
Thx,
PD -->01/07/2004
RIR/TX
No 45 days letter yet
PERM Conversion filled on 02/07/06
Thx,
PD -->01/07/2004
RIR/TX
No 45 days letter yet
PERM Conversion filled on 02/07/06
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vivid_bharti
06-19 04:42 PM
You made a good point...US media highlights issues based on what it likes and presents it to the people the way they want it to be. US hates 'Ahmedinejad' so they are highighting the opponents..as if the opponent would have been any different for the US..US Media standards reached a new low with their double-standards in covering the Iranian election protests. Looks like US media wants to manipulate their citizens with one-sided information and only those news that media DECIDES are in the interest of the people.
...why all the hypocrisy, what for??
...why all the hypocrisy, what for??
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goosetavo
03-03 02:20 AM
C'mon guys, you are supposed to be the smartes of the smart here. The bill referenced above has nothing for EB-immigrants true, but it is not the Bill proposed in the US House for CIR in 2010 (it has ZERO Co-sponsors), the "good one" is HR 4321 (93 co-sponsors):
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4321ih.txt.pdf
It's the CIR ASAP act, see postings from me from last year for a summary. This bill recaptures lost GC's from the last two decades and exempts STEM degree holders from the numerical caps, read it, its all there.
Can we stop hating on illegal immigrants? Please read Pappu's postings on the subject, this whinning does nothing to help our cause. We're all in this together. The CIR ASAP Act does put more limits on H1B visas, which is unfortunate, but we need to try and negotiate here, not throw everything away.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4321ih.txt.pdf
It's the CIR ASAP act, see postings from me from last year for a summary. This bill recaptures lost GC's from the last two decades and exempts STEM degree holders from the numerical caps, read it, its all there.
Can we stop hating on illegal immigrants? Please read Pappu's postings on the subject, this whinning does nothing to help our cause. We're all in this together. The CIR ASAP Act does put more limits on H1B visas, which is unfortunate, but we need to try and negotiate here, not throw everything away.
a_to_z_gc
02-19 12:15 PM
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
logiclife
08-21 06:07 PM
Some people have said that employers will never agree to employee hiring their own lawyers if they are already having a company retained lawyer that they are using for all employees.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
While employers who tend to provide free lawyers with the intention of controlling and stalling your immigration process will not agree with the idea of you having your own lawyer there is a possible way out.
For this, there are 2 solutions:
1. If you are already with this employer:
If you are already with the employer and represented by company's lawyer, then you need to change your lawyer. To do that, you need to negotiate this new arrangement at the time when your employer is most vulnerable and most amenable to bend to your terms. If you pick up the phone one fine morning and start arguing with your employer for changing your lawyer, that wont work.
You need to get your employer for negotiating tough things when you have just signed up for a new project. There is a very brief window of opportunity in consulting business when the individual has most bargaining power and the employer has the least. The time period between the contract (corp to corp or direct contract) getting signed between parties for a project and the time you report to the project physically. This short window of time, for 2-3 days (or maybe a week) is the time, when your employer cannot afford to dissolve the contract and fire your or let you go on your own way. HE WOULD THEREFORE NEGOTIATE with you about changing to a new lawyer who doesnt have conflict of interest. If he doesnt negotiate with you, then he risks losing the project, losing the reputation with client or preferred vendor (the middle party who is more close to client) as well as all future business opportunities. That is a loss no businessman (desi or American) can tolerate. So even his daddy will come on negotiation table and agree to your terms, whether its getting a new conflict-of-interest-free lawyer or getting a raise or getting moving expenses etc. USE THAT OPPORTUNITY.
2. If you plan on joining an untrustworthy employer in future:
When joining a new employer, if you have the luxury of joining and picking your employer before you quit your current job, then sure, ask them for all the terms, including your own independent lawyer, otherwise tell them "No deal". If you are a good hire for them, they will agree to terms. But you need to do that BEFORE you even transfer your H1. So that that record is straight from the get-go.
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