new2H1&GC
08-04 09:29 AM
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again THANK YOU for your replies, it's a BIG HELP!
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again THANK YOU for your replies, it's a BIG HELP!
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
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alahiri
06-30 11:05 AM
Consider sending mail on the following lines to Senators and whoever that matters :
I am very glad to know that you are going to introduce a bill to help retain American Tecohnology Competitiveness termed as SKIL BILL. In regards to that I would request you to kindly consider adding to this bill a provision of awarding Green Card to skilled workers who have been in this country for six years legally and continuosly? There is something similar to this in UK immigration laws and this provision will automatically reduce the plight of the "silent minority" who have to wait for years for their Green Card approval and not able to change jobs etc. For senior professionals with many years of experience this is a very frustrating experience and since the whole process drags on for years many of them are forced to leave this country because they cannot take long term investment decisions when the future is always so uncertain.
Having a provision of automatically awarding Green Cards to H1B visa holders who have been here for more than 6 years and have applied for a Green Card will have the following positive results: - Lower the workload for the Immigration Services and streamline the process. The fact that someone has been here for 6 years legally and paid their taxes should entitle them for a "express checkout".
- Give a boost to economy (housing etc) as the professionals with Green Card can make investment decisions.
- Will not displace American Workers as the Green Card is awarded to professionals who are allready here and working for last 6 years or more.
- Most importantly it will retain American competitiveness by retaining the experienced professionals who will otherwise go back because of the very long wait for their Green Card approval.
I am very glad to know that you are going to introduce a bill to help retain American Tecohnology Competitiveness termed as SKIL BILL. In regards to that I would request you to kindly consider adding to this bill a provision of awarding Green Card to skilled workers who have been in this country for six years legally and continuosly? There is something similar to this in UK immigration laws and this provision will automatically reduce the plight of the "silent minority" who have to wait for years for their Green Card approval and not able to change jobs etc. For senior professionals with many years of experience this is a very frustrating experience and since the whole process drags on for years many of them are forced to leave this country because they cannot take long term investment decisions when the future is always so uncertain.
Having a provision of automatically awarding Green Cards to H1B visa holders who have been here for more than 6 years and have applied for a Green Card will have the following positive results: - Lower the workload for the Immigration Services and streamline the process. The fact that someone has been here for 6 years legally and paid their taxes should entitle them for a "express checkout".
- Give a boost to economy (housing etc) as the professionals with Green Card can make investment decisions.
- Will not displace American Workers as the Green Card is awarded to professionals who are allready here and working for last 6 years or more.
- Most importantly it will retain American competitiveness by retaining the experienced professionals who will otherwise go back because of the very long wait for their Green Card approval.
dummgelauft
08-05 03:53 PM
Not Canada - Home (http://notcanada.net/)
Please, people visit hits website before you make any decisions.
I have suffered, and I would like to help others avoid this suffering, if possible.
Please, people visit hits website before you make any decisions.
I have suffered, and I would like to help others avoid this suffering, if possible.
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garybanz
09-20 02:50 PM
Can we form a Human Chain protest across the major cities of the country at a predefined date and time. for instance, say Nov 9th between 11.AM and 1 PM.
This way more local people, across the country, can participate and as the timing is around lunch hours, I presume many of us can get back to work within the two hour duration.
May be this decentralized & concerted effort in all major cities/states across the country at a specified time may gather main stream media attention.
This is just a thought...
-iOptimist
Human Chain is a great idea...imagine a chain acroos all the major streets of NY city, we will definately get a lot of media attention....but it will need a lot of people
This way more local people, across the country, can participate and as the timing is around lunch hours, I presume many of us can get back to work within the two hour duration.
May be this decentralized & concerted effort in all major cities/states across the country at a specified time may gather main stream media attention.
This is just a thought...
-iOptimist
Human Chain is a great idea...imagine a chain acroos all the major streets of NY city, we will definately get a lot of media attention....but it will need a lot of people
more...
anu_t
05-17 11:42 AM
Doing it Right Now. Thanks . Go IV Go.
gaz
03-05 09:44 AM
http://www.dhs.gov/xlibrary/assets/CISOmbudsman_RR_2_Streamlining_Employment_Based_Im migrant_Processing_USCIS_Response_04-27-06.pdf
"On April 27, 2004, the Ombudsman sent an information request to USCIS for a breakdown of data for pending employment-based applications for adjustment of status to be broken down by preference classification, priority date and country of chargeability. This request attempted to reflect similar data contained within the Immigration Annual Statistical Handbook, Chart 5, for completed cases. The Ombudsman’s interest in pending employment-based workload is in part a reflection of the broader issue relating to USCIS’ ability to support the Department of State in accurately forecasting immigrant visa requirements and the visa issuance process."
"This update will enable USCIS to identify 100% of the pending employment-based visa cases. It is anticipated that this exercise will be completed by April 28, 2006. Once this exercise is complete, USCIS will be able to extract data relating to the priority date, country of chargeability and preference classification. USCIS has already entered into discussions with the Department of State to provide this detailed information not only for pending workload but for visa regressed cases as well to allow DOS to accurately manage future visa allocations in regressed workloads."
[updated]
http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315
so are we getting anything different from what the ombudsman has already requested (and received?)
"On April 27, 2004, the Ombudsman sent an information request to USCIS for a breakdown of data for pending employment-based applications for adjustment of status to be broken down by preference classification, priority date and country of chargeability. This request attempted to reflect similar data contained within the Immigration Annual Statistical Handbook, Chart 5, for completed cases. The Ombudsman’s interest in pending employment-based workload is in part a reflection of the broader issue relating to USCIS’ ability to support the Department of State in accurately forecasting immigrant visa requirements and the visa issuance process."
"This update will enable USCIS to identify 100% of the pending employment-based visa cases. It is anticipated that this exercise will be completed by April 28, 2006. Once this exercise is complete, USCIS will be able to extract data relating to the priority date, country of chargeability and preference classification. USCIS has already entered into discussions with the Department of State to provide this detailed information not only for pending workload but for visa regressed cases as well to allow DOS to accurately manage future visa allocations in regressed workloads."
[updated]
http://www.aila.org/content/fileviewer.aspx?docid=22650&linkid=162315
so are we getting anything different from what the ombudsman has already requested (and received?)
more...
mhb
09-21 09:45 PM
Another perfectly valid reason - thank you for helping someone go in your place :)
I can guarantee first hand - those CA to DC flights aren't cheap
hello all, could not attend due to work schedule and a baby due any minute!! but am contibuting monthly and sponsored a student from houston. way to go iv amazing effort!!!
I can guarantee first hand - those CA to DC flights aren't cheap
hello all, could not attend due to work schedule and a baby due any minute!! but am contibuting monthly and sponsored a student from houston. way to go iv amazing effort!!!
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VSS2007
06-27 07:45 AM
Thanks Panky!
When I applied for EAD in NSC (paper file) it took 45 days to approve. Now I applied EAD for spouse on June 10th, no update so far.
When I applied for EAD in NSC (paper file) it took 45 days to approve. Now I applied EAD for spouse on June 10th, no update so far.
more...
nrakkati
03-21 03:41 PM
As I mentioned earlier, it is a simple RFE. In addition, Desi has backedup his suggestion with the proof - Just ask your attorney to respond to the RFE. Post back when you get updates, it will help IV community, who are in similar situation and also the members who do not have a proper understanding of statuses.:D
Sure. I will update the thread.
Thank you
Sure. I will update the thread.
Thank you
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malaGCPahije
03-14 12:28 PM
I agree that porting to EB2 is the best route. But my company was very reluctant to file another labor to port my case to EB2. They thought thur PERM, they may have to hire some applicant if they meet the requirements. The lawyer thinks PERM is risky. I know they are trying to avoid EB2 labor at any cost, though I also know a few friends who had the PERM labor application recently rejected.
Anyway, bottom line for me and others in the same situation is that we are stuck with EB3. And maybe stuck in the rut for a long long time unless something magical happens....
Anyway, bottom line for me and others in the same situation is that we are stuck with EB3. And maybe stuck in the rut for a long long time unless something magical happens....
more...
nonimmi
03-14 03:50 PM
If many EB3 people start porting to EB2 then EB2 queue will grow. But if we think how many already jumped the line using so many ways...this is not a bad option at all. As long as we qualify for EB2 and employer is ready its the best thing to do for people waiting with 2002-2004 PD.
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grupak
06-23 06:13 PM
We will have to pick it up tomorrow.
Please make the call, it makes a difference.
Please make the call, it makes a difference.
more...
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jchan
02-13 03:54 PM
Dear jchan,
We are very interested in this provision. Immigration Voice has heavily invested in this measure, both, legislatively and administrative. We have consistenly advocated for this provision which we believe will curb arm twisting by bad employers, that are like few bad apples in the big basket. Such a provision will help everyone including USCIS, lawyers, genuine companies, and direct+indirect beneficiary. Its a win-win for all.
.
Dear Admin, appreciate your reply. Is there any action items we can follow? I can start by creating a petition letter addressed to the secretary of DHS.
We are very interested in this provision. Immigration Voice has heavily invested in this measure, both, legislatively and administrative. We have consistenly advocated for this provision which we believe will curb arm twisting by bad employers, that are like few bad apples in the big basket. Such a provision will help everyone including USCIS, lawyers, genuine companies, and direct+indirect beneficiary. Its a win-win for all.
.
Dear Admin, appreciate your reply. Is there any action items we can follow? I can start by creating a petition letter addressed to the secretary of DHS.
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flack194
07-10 01:22 AM
My advanced parole is good till October 2, 2009. I have been in and out US 2 times, spent 2 months abroad doing finals in college. Am going to intern abroad, until October 28th.
Q1: What is the best date to reenter the US and renew advanced parole? Do I need to be in the US to renew AP?
Q2: How long do I need to stay in US after sending in my renewal? Do I need to wait the 3 months to get the new parole?
Thank you
Q1: What is the best date to reenter the US and renew advanced parole? Do I need to be in the US to renew AP?
Q2: How long do I need to stay in US after sending in my renewal? Do I need to wait the 3 months to get the new parole?
Thank you
more...
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add78
04-29 02:11 PM
Contibution $100
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what_now
05-18 08:59 AM
////
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raj3078
07-07 04:15 PM
I said I am not defending IEEE....so where the question of praising comes?
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needhelp!
01-06 12:27 PM
Last update from IV Core about administrative fixes talked about EAD duration being extended to 2 years, but never saw anything about 2 year AP decision (It would have been good though).
I must have missed it, but wondering if there was any USCIS announcement/FAQ out there for the 2 year duration decision?
I must have missed it, but wondering if there was any USCIS announcement/FAQ out there for the 2 year duration decision?
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furiouspride
07-22 11:36 AM
yes...so what
and that makes them rude?
and that makes them rude?
a1b2c3
01-13 02:02 PM
Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Does someone has answer for this?
If your job profile demands seniority (which it must be - going by your EB3-2003 PD), you are better off refiling under EB2, instead of *just* (read just) spending couple of thousands on IV campaigns and beating up on people who are not contributing as much you have done to IV. That is not to say we stop contributing for the general cause. Don't misunderstand and start flaming at me, won't do any good.
I have not done this myself with the same employer, I changed my employer for a senior job position and I had also acquired a masters degree in comp engg from a reputed university before I became eligibile for EB2. But as a fellow IVian, who understands the EB3-I issue, I would surely advocate this not only to you but to all other EB3's with older PDs.
Does someone has answer for this?
If your job profile demands seniority (which it must be - going by your EB3-2003 PD), you are better off refiling under EB2, instead of *just* (read just) spending couple of thousands on IV campaigns and beating up on people who are not contributing as much you have done to IV. That is not to say we stop contributing for the general cause. Don't misunderstand and start flaming at me, won't do any good.
I have not done this myself with the same employer, I changed my employer for a senior job position and I had also acquired a masters degree in comp engg from a reputed university before I became eligibile for EB2. But as a fellow IVian, who understands the EB3-I issue, I would surely advocate this not only to you but to all other EB3's with older PDs.
swamy
11-17 10:13 AM
thanks wd - I was looking for the comarata dude - & borgas who is apparently an immigrant himself. something like - what shaped their views and informs their opinions - they are extremely passionate and effective and dont hesitate to use personal anecdotes but never from their own life
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