ChainReaction
06-18 12:41 PM
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
and btw, h1b premium processing takes 15 days, so don't panic.
I asked my lawyer somewhat similar question regarding my wife. The question i asked was what if i stay on H1b and she uses her EAD and for some reason my 485 get rejected can she move back to H4 status?
The lawyer said as long as the I-94 is valid on her H4 she can else she will have to leave the country and apply at her home country . He did also mentioned something regarding time is counted as being out of status from the day a person uses EAD, don't remember whether the clock starts ticking passed the I-94 validity period or otherwise.
greenguru
01-07 02:42 AM
Congratulations!
Very nice post.. good to read it.. HOpe ur 485 gets approves soon as well..
Good spirit..
cheers
Very nice post.. good to read it.. HOpe ur 485 gets approves soon as well..
Good spirit..
cheers
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
dhirajs98
04-09 10:27 AM
I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.
What needs to be done to make sure she in on her EAD now and not on H4 anymore?
How she can become an employee of her own company and get payed every 15 days.
What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?
Please advise.
What needs to be done to make sure she in on her EAD now and not on H4 anymore?
How she can become an employee of her own company and get payed every 15 days.
What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?
Please advise.
more...
Pankaj
11-14 06:55 AM
where we should file a complain to DOL(state ot federal). Every state also has separate DOL e.g. VA has DOLI( department of labor and industry) but federal also has DOL(department of labor) where we should file such complain?
studentoflife
11-01 03:52 PM
My employer tells me that he filed my labor on 22nd August (under PERM, EB2 category) but he has not given me any details like what center, etc. I have asked him those details. He just told me that he will get an email once the labor is approved. Its been 2 months and the labor has not yet approved.
What can I do to find out if he really has filed my labor or not ? and what is the status right now
any help/ideas will be truly appreciated
Regards
StudentofLife
-----------------------------------
Keep learning till the end of your life
What can I do to find out if he really has filed my labor or not ? and what is the status right now
any help/ideas will be truly appreciated
Regards
StudentofLife
-----------------------------------
Keep learning till the end of your life
more...
samnay
07-18 03:33 PM
I have heard that there is a Fiancee visa - K visa or something. Do look into that if you would like to bring in your would-be here before your marriage. To your original question, your strategy sounds cool to me. Marriage etc. are important decisions, that affect you life-long, much more important than stupid GC, work visa etc. I would recommend, follow your strategy, file your I-140 as soon as you can and then wait to get married before you file your 485. Since you are from a non-retrogressed country and EB2, you should not have to worry about backlogs etc. Good Luck.
EndlessWait
12-06 11:36 AM
bump
more...
sledge_hammer
06-29 10:24 AM
^^^^
gc_kaavaali
11-14 10:24 AM
hey fearonlygod,
Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.
I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?
Do you want to tell us your employer name? It helps other people...if u don't like u can ignore it.
I had similar situation where on H1B he was showing different salary...but he was paying less..difference is almost $10000 per year...it is between Aug 2003 and Oct 2004...Can we do anything now?
more...
looneytunezez
04-24 01:58 PM
"date of actual move"
Thanks,
LT
Thanks,
LT
BECsufferer
08-18 09:16 PM
While thousands of Indians are trying their best to make a cut into citizenship club, here is one Indian-origin Doctor bringing bad name by commiting immigration fraud.
Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
Psychiatrist gets 10 months, gave fake citizenship waivers to 492 | Detroit Free Press | Freep.com (http://www.freep.com/article/20090818/NEWS03/90818074/1318/Psychiatrist-gets-10-months--gave-fake-citizenship-waivers-to-492)
Dr. Chikamarri Ramesh got 10 months imprisonment. He should have been deported.
more...
ghost
02-04 08:52 AM
Yeah, H-1B is a dual-intent visa where you are allowed to apply for permanent residency besides temporarily working in US...so, unless there are any specific Malaysian Immigration restrictions, your US Consulate in KL should not be asking you for any proof of air ticket purchase.
Having said that, this list of additional supporting documents that they might ask is not standard across various consulates. So, it is better for you to directly get a list of "additional supporting documents" that they have on radar either through the consulate or any of your Malaysian friends/network.
Since it is a H-1B extension, at the bare minimum, you should carry the certified copy of I-129 by your immigration attorney, most recent employment verification letter signed by your supervisor, most recent pay statements, W2s and bank statements. This is in addition to your I-797 original, original educational degree certificates, a copy of your resume and the completed DS-156, DS-157 forms.
Good Luck!
Having said that, this list of additional supporting documents that they might ask is not standard across various consulates. So, it is better for you to directly get a list of "additional supporting documents" that they have on radar either through the consulate or any of your Malaysian friends/network.
Since it is a H-1B extension, at the bare minimum, you should carry the certified copy of I-129 by your immigration attorney, most recent employment verification letter signed by your supervisor, most recent pay statements, W2s and bank statements. This is in addition to your I-797 original, original educational degree certificates, a copy of your resume and the completed DS-156, DS-157 forms.
Good Luck!
kennyc
May 25th, 2005, 06:53 AM
Number 3 is by far the better pic to my mind. Re: Destroying your cloud....
yeah, just playing with some new scatter brushes that I didn't have control over yet :D...was aiming more for something like your pic 3 above.
In cases where there is no natural framing (Flora, fauna, dock posts, etc etc), on a sunset shot you can use people (silhouttes) to add elements of interest. Or maybe shoot from ground level; just suggestions and it's always fun to experiment with these things.
Thanks QJ! I think you did a fine job with the brushes. And thanks for your comments and suggestions. I lots to learn and re-learn. I just got this Canon 20D a few weeks ago and have not done any "serious" photography in several years. I definitely am having fun with it though....I've been waiting for the digital slr's to get where they are for most of those years. :)
KAC
yeah, just playing with some new scatter brushes that I didn't have control over yet :D...was aiming more for something like your pic 3 above.
In cases where there is no natural framing (Flora, fauna, dock posts, etc etc), on a sunset shot you can use people (silhouttes) to add elements of interest. Or maybe shoot from ground level; just suggestions and it's always fun to experiment with these things.
Thanks QJ! I think you did a fine job with the brushes. And thanks for your comments and suggestions. I lots to learn and re-learn. I just got this Canon 20D a few weeks ago and have not done any "serious" photography in several years. I definitely am having fun with it though....I've been waiting for the digital slr's to get where they are for most of those years. :)
KAC