wandmaker
10-23 08:50 AM
If I don't receive a response from USCIS before Jan 15, can I work till I get the notice ? or my employer is required to terminate my employment on Jan 15 according to the recapture time as mentioned on application ?
Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
Make sure COS application reaches them before Jan 15th.
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
Dont work beyond the date requested in your H1B extension.
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
Minimum of 1K attorney fees....
Your employer should terminate you from the job on Jan 15, as you will not be authorized to work after that.
I would like to apply for B2 transfer so I can stay for 2 months and travel around US. I also own car, house, and a ton of personal belongings etc. My house is under water (I mean I have $390K loan left on the house which is probably worth $250K). I might have to take it into foreclosure and eventually file for Bankruptcy and the process might take anywhere between 3 months to 18 months in present situation. I plan to leave US with in 2 months as I want to complete the mandatory 1-year outside before I could be eligible for new H1 visa but I might have to come back multiple to US for legal purposes during foreclosure or bankruptcy. Can I request a long term B2 visa (like 2 or 5 year) ?
COS will get you max of 6 months of B2 - If you apply B2 at consulate in your home country, you *may* have a chance of getting multiple year/entry B2 visa.
If my employer does terminate my job on Jan 15 2010, how early should I file for B2 transfer ?
Make sure COS application reaches them before Jan 15th.
If my employer say that I can legally work till I get notice from USCIS, when should I file for B2 transfer ?
Dont work beyond the date requested in your H1B extension.
what are the typical costs of filing for H1b to B2 transfer ? (application fees, attorney fees etc.)
Minimum of 1K attorney fees....
reddymjm
08-04 07:52 AM
Me too got the same email.
CADude
07-02 03:05 PM
People can married because date are current. :D INDEED AMERICA IS GOOD PLACE. :p
USCIS and DOS played ping pong on us.
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
USCIS and DOS played ping pong on us.
USCIS played June Fool.
We are panned.
I told my wife that I will get her EAD in 3 months. Now what I should I say. I am insulted embarassed.
I planned to leave my company in 6 months. Now again I am struck.
I decided to marry a girl just because the dates are current. Now I am struck.
Oh USCIS(GOD)!!, Why did you do this me?
madhusrini
05-31 04:58 PM
Hi,
My LABOR APPLICATION DATE : OCT 2001
I-140 Approved : OCT 2004
I140/I485 concurrently filled : APR 2004
Currently have EAD and AP
Status : Married : Adjustment of Status Pending for Both
Did any body get their green cards because of the recent movement of eb3 dates.
Srini
My LABOR APPLICATION DATE : OCT 2001
I-140 Approved : OCT 2004
I140/I485 concurrently filled : APR 2004
Currently have EAD and AP
Status : Married : Adjustment of Status Pending for Both
Did any body get their green cards because of the recent movement of eb3 dates.
Srini
more...
sundarraj_us
07-17 08:38 PM
IV Core Team - You have done a great job... No doubt about it.. I already said my sincere thanks to you guys in earlier post and would say it again - Thank You !!!!
BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?
His comments from the bulletin sounds so honest
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...
Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.
I concur
BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?
His comments from the bulletin sounds so honest
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...
Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.
I concur
delhikadesi
07-17 12:46 AM
All thanks to people who participated in SJ rally and IV for hosting it.
I also left a comment for editor as a note of thanks..
In any issue these days media support is must and with our unity in IV, we are able to get that.
Way to go..
I also left a comment for editor as a note of thanks..
In any issue these days media support is must and with our unity in IV, we are able to get that.
Way to go..
more...
cygent
11-26 12:14 AM
Hello Friends,
I filed for AOS on 07/2007 (140+485 Pending), stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
I filed for AOS on 07/2007 (140+485 Pending), stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
rameshk
03-16 12:43 PM
Here is an article from yahoo.co.in
US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)
===========================
Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.
Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.
The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.
Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.
The new legislation provides visas to the following groups under certain conditions:
First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.
Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.
Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.
Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.
'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.
'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.
'Helping them stay to invest in their ideas and create jobs benefits all Americans.'
US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)
===========================
Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.
Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.
The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.
Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.
The new legislation provides visas to the following groups under certain conditions:
First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.
Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.
Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.
Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.
'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.
'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.
'Helping them stay to invest in their ideas and create jobs benefits all Americans.'
more...
sapking
02-22 09:45 AM
First and foremost, you need to fire attorney for not using his/her reasonable skill of not appropriately matching you to the labor suitable to you.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
You need to have second thoughts on your employer/attorney, as their actions resulted loss of precious time and money, more importantly for making you loose EAD and AP, if approved, based on underlying 140 which is now denied.
It could take some more months, before you are able to file for 485 again.
Always trust experienced attorneys, don't make use of 'me too attorneys', who might have faked their resume, like some IT pros do.
Suva
07-18 03:26 PM
I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.
1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
more...
xela
11-12 10:23 AM
Sounds liek a great idea, I am right there with you, because this just makes no sense.
ItIsNotFunny
04-04 09:27 AM
Didn't work for me. May be down !
more...
seaken75
10-31 08:41 PM
Hi all,
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
Need your help and experience in this!
I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.
I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.
Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?
Please advice.
Thanks!
boreal
01-05 01:36 PM
Folks
Is anyone has done adjustment of status from B2 to H1.
My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.
Thanks
This is very risky, if not done correctly.
Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.
Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.
Is anyone has done adjustment of status from B2 to H1.
My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.
Thanks
This is very risky, if not done correctly.
Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.
Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.
more...
Rohan99
10-29 01:15 AM
Guys....
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
My wife is on H4, once she gets EAD and applies for SSN does it mean now H4 is canceled and she is on EAD which will require AP for travel and every year renewal.
She has no plan to work till Jul 08, is it good to apply for SSN?
You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
webm
07-11 01:42 PM
Count me..PD:EB3-I Oct,2001..AOS still pending...FP,Background check cleared per IO...
more...
apoojo
08-24 02:01 AM
Thanks for the reply, hibworker.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
kondur_007
09-22 05:13 PM
hi,
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
You will be just fine. Neither you nor your company will have any problem.
Take it easy and relax.
Good Luck.
Thank you all for your reply.
I have no intension of leaving the company, the mgmt is asking me to take the pay cut at this time and they will pay me back after 1 year. so i don't see any issues like they are not willing to pay or anything. I was just trying to get an idea whether this might effect on the green card or not? like, you should get the salary mentioned on file atleast for next 6 month.
Thank you again for all replies.
You will be just fine. Neither you nor your company will have any problem.
Take it easy and relax.
Good Luck.
haveaquestion
03-06 01:28 AM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
coopheal
08-01 09:31 AM
The link on USCIS page sends only the user id thru email. It does not send password.
PDOCT05
10-30 10:59 AM
what does ur online status show btw? also ur dep's earlier checks havent cashed right ? dumb Q :-( one of my friend got in to similar situation he sent it back and checks cashed not sure how much did he sent though.
The status shows application received and rejected. As per the notice the reason is missing signature.The check's haven't cashed..,can you please check with your friend how long it took for him to get the check's cashed after re-sending the application?
The status shows application received and rejected. As per the notice the reason is missing signature.The check's haven't cashed..,can you please check with your friend how long it took for him to get the check's cashed after re-sending the application?
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