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  • mbawa2574
    02-21 01:30 PM
    Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.

    :-)





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  • LostInGCProcess
    08-28 04:54 PM
    internal for who do u work DOS/USCIS u jerk

    How did u manage to get so many red dots....at least you are on top of something!!!!:D:D





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  • cinqsit
    09-27 11:55 AM
    Hey

    If I remember correctly (read somewhere on this forum) the strategy should be that you take a infopass appointment on the same day as your finger
    printing appointment, talk to the immigration officer and ask him about your wife's FP appointment. If it was indeed sent out and you havent received it he can give you some kind of a receipt(?) and both of you can have the FP done on the same date.

    - cinqsit





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  • kondur_007
    10-20 09:53 AM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007

    There are two issues you must consider (at minimum):

    1. You must have a permanent job offer from the sponsoring (or AC21 employer if you are already ported) through out the period of pending 485. You should be able to verify this at any point as soon as asked for by USCIS. So make sure, your employer still supports your GC process and is ready to provide such letter and is willing to hire you after GC approval. If not, you must find another same or similar (AC21) job position and make sure that they will provide such letter. This arrangement needs to be made with certainty before you leave.

    2. Must have a valid AP (for you and all family members) and must return back before the expiry of AP. Now, in general, as long as you have valid AP, they do not give you hard time at the POE (under most circumstances). There are few exceptions (especially in texas; or so I have heard) where POE officer gave hard time, but that is not the rule.

    Good Luck.



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  • deba
    10-27 10:36 AM
    Tecnically I-140, labor cert belongs to the company. But it is always good to have a copy. I do not think it is necessary to have these docs to invoke AC21. Also, you may not necessarily get RFE for using AC21 either.

    Deb
    Contrib $900 so far
    EB2 India PD 03/05
    I140 09/07
    I485 07/07





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  • bo12b
    11-24 02:00 PM
    Anyone??
    bo12b

    Hello all,

    My 6 year H1B is ending on May 21, 2009. I am eligible to file for a 3 year extension since my 140 is approved and I485 has been filed in Aug 2007. However, my current job situation is pretty shaky and I could be laid off anytime. I have an EAD but would like to continue my H1 because my priority date is Jan 2007 (EB3 India)...i.e. a long GC wait. I have been told by my current employer's attorney that I can start the process of extension 6 months prior to current H1B expiring.

    But given my job situation, I was thinking of looking for employment with another employer as soon as possible. Will the new employer be able to file for my H1 transfer AND H1 extension at the same time?
    OR
    Will they have to file for a transfer first (valid from date of switching to May 21, 2009), then wait for approval and then file for the 3 year extension??

    I tried looking around for my question but could not find good thread for answer. Please let me know your views and/or point me to a good source for this information.

    Thanks
    Bo12b



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  • raysaikat
    02-16 09:32 AM
    All

    I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

    I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
    So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

    Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
    OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
    Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
    Yes.

    OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
    Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf

    This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.

    OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".

    There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.

    OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
    This is the preferable option.

    OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

    Thanks a lot in advance.
    ;)
    [QUOTE=sa.node;2357341]

    I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.





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  • Edison99
    09-14 07:28 AM
    Thanks for the quote!
    Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)



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  • wandmaker
    06-12 05:56 PM
    What is "Letter of Acquirement�

    Can you please tell me what is "Letter of Acquirement�'

    My company is Acquired too, the New Employer just gave me a Letter Copy
    explaining the Merger, do Official docs were shared with me.

    From whom did u get this letter.

    Letter of Acquirement is a letter addressed to each and every employee in the current company's letter head stating that the company A has been acquired by company B.





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  • Lacris
    08-09 10:46 PM
    there you go you said that but in a new thread again.........

    You're right, but I was trying to see if there's anything we can do so I don't have to in the future.



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  • abhay
    01-20 09:16 AM
    Thanks Ann for responding.

    RFE was for I-485, Priority date is Aug 2006. I-140 is approved.
    RFE was asking to show that I was in valid visa status between 1997 and 2000, but surprisingly, I came to US only in 2000 that too on 2 business VISAs so I never worked in US until 2001. My Lawyer sent an affdavit stating that I was not in US between 1997 and 2000 and I was on business VISA on two occasions in 2000, also letter said that if they wanted we could send them the copies of stampings on the passport.

    Thanks again.





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  • transpass
    08-02 06:00 PM
    Hi there, First of all thanks for all active participants you are doing a great service.

    One of my friend has a unique situation. His wife and daughter ( both on GC and daughter is 10 years old) has to live outside US for long time due to her health situations. These are the things happened.

    1. First time she went to India and stayed there for almost 1 year ( but less than 1 year ) and both came into US with out any problems, but stayed in US for only 1 week to 10 days.
    2. Now both are still in India and its been approximately 1 year 10 months ( didn’t fine any extensions or anything like that).
    3. Now she got recovered completely and want to come back to US to join her husband, Can they both come back to country with out any problems? Does she need to file any documents to USCIS or in US consulate in India.

    Your responses would be much appreciated. Once again thanks for all your help.

    Without reentry permit, they cannot enter USA.

    If you need reentry permit and if you are outside US, then you can kiss your gc goodbye. You must be in US to apply for reentry permit, otherwise it will be denied...Even the appeal will be denied...Then need to check with local US consulate...



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  • sbabunle
    03-26 03:20 PM
    Right on!!
    I am not sure how these questions will help? Maybe it will proove that we are high skilled and highly paid members who cannot even contribute $20!!





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  • mittal_a
    06-26 10:09 AM
    I think it should be ACT 21 which I have filed it like a month back.

    Thanks a lot for quick replies



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  • gc28262
    09-24 10:51 AM
    FB part of this bill is what makes many democrats to support this bill.

    Anti-immigrants will oppose any kind of immigration ( EB as well as FB)





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  • fatjoe
    08-25 07:49 PM
    How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
    Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.

    PD - July 2004-EB2
    I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
    Attended interview at the local uscis on June 25th, 2009
    Spouse alone second FP on July 5th , 2009
    I



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  • watzgc
    04-22 08:06 PM
    i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..

    Hi Sankar,
    Can one apply for another h1b if h1b extn not come thru and h1b already expired ?





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  • martinvisalaw
    07-16 03:00 PM
    Hi,
    What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.


    You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.

    Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.

    I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.

    As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.





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  • PDOCT05
    10-29 11:00 PM
    ^^^^^^bump^^^^^





    horscorp
    02-06 01:21 PM
    Hi Ann,

    Thanks for the response. I am very glad to know that H1 can be transferred to new company with existing perm application. If the transfer takes place, we will be aiming to apply for a new Perm from the new company asap or before 30-Sep-2010.

    Can you please confirm applying for new Perm with new company before Sep 2010 will be enough to request extension beyond Sep 2011?

    thanks again!

    horscorp


    Hi Horscorp,

    It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.

    Ann





    tonyHK12
    11-25 12:10 PM
    Why should he?

    What are you going to give him in return/what is he going to get by helping us?

    We need to first learn to help ourselves.


    I feel MC was being sarcastic as usual.

    It would help if our core group or other legal immigrants did a photo shoot like this. Maybe he could join in our DREAM campaign to the president.



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