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GC_1000Watt
12-19 12:08 AM
Hi All,
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Talk to a good immigration lawyer...preferably Murthy law firm.
I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
I am not a lawyer and hence please consult with experienced immigration attorney.
Hopefully new year will come with good news for you. :)
One of my friend is in a bad situation, I am posting on behalf of him,
He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..
Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.
Thanks in Advance
AJ
Talk to a good immigration lawyer...preferably Murthy law firm.
I believe H1B transfer is out of question now. You can ask a company to file a new H1B visa coz I believe there are still some visa numbers available.
I am not a lawyer and hence please consult with experienced immigration attorney.
Hopefully new year will come with good news for you. :)
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raysaikat
07-12 01:01 PM
Situation:
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
You will have to provide proof of your current H1-B status so that the concurrent H1-B can be issued as cap-exempt. There is no official need to let the first company know about the second H1-B. However I do not know if the first company could/would come to know about it at a later date.
Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.
Want to work with company B part time,but need to file another H1-B part time.
My question is:
Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.
You will have to provide proof of your current H1-B status so that the concurrent H1-B can be issued as cap-exempt. There is no official need to let the first company know about the second H1-B. However I do not know if the first company could/would come to know about it at a later date.
fromnaija
02-06 06:38 PM
Her H4 depends on my H1B validatity. Im said if i call AC21 using my EAD, then my H1B goes invalid and so her H4. Does this makes sense to you. Do you got other opinions ? If so let mw know. thanks.
EAD is not a status. It's just an authorization for employment. Since you have filed 485 you and your spouse are in adjustment and so I don't see how your using EAD to work invalidates her H4.
EAD is not a status. It's just an authorization for employment. Since you have filed 485 you and your spouse are in adjustment and so I don't see how your using EAD to work invalidates her H4.
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mpgc
10-19 03:23 PM
What if I take the title "Information Technology Specialist" instead of "Computer and Information Systems Manager". Do you think its similar title?
Could you please tell me what are the similar job titles for "Computer and Information Systems Manager" that I can take?
Please advise me....
Thank you very much.
Its probably going to be difficult to justify at a later time how the job role can still be the same if ur title changes from Manager to S/w Engineer...
It would make sense to request ur new employer to alter the title to s'th like S/w specialist or s'th like that... which can more easily b justified as an alternative to the earlier job title.
Again, u need to pay even more attention to ensure that the job role is identical becoz that is what matters more...
Applying AC 21 will save u in case ur old employer tries to revoke 140...
Could you please tell me what are the similar job titles for "Computer and Information Systems Manager" that I can take?
Please advise me....
Thank you very much.
Its probably going to be difficult to justify at a later time how the job role can still be the same if ur title changes from Manager to S/w Engineer...
It would make sense to request ur new employer to alter the title to s'th like S/w specialist or s'th like that... which can more easily b justified as an alternative to the earlier job title.
Again, u need to pay even more attention to ensure that the job role is identical becoz that is what matters more...
Applying AC 21 will save u in case ur old employer tries to revoke 140...
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vban2007
05-29 11:11 AM
October 1st, 2008 your status will be changed to H1B after the approval... So you will have to move to new company
needhelp!
08-30 05:33 PM
As IV grows up, we should have a hall of fame for folks like you who have shown continued support to the cause. I am here now because I am affected, but to be here after its all said and done, is greatness.
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Anysia
02-26 01:42 AM
I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
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Jerrome
07-09 11:56 AM
How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?
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akred
07-25 02:40 AM
Go ahead and start the process if the company is willing to do it. Ultimately, the DOL, not the employer, will decide whether to deny the LC, certify it or sit on it for 5 years before certifying it.
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baldev.thakur
12-13 11:55 AM
Well in case you are TOO NAIVE let me tell you...
If you divorce in US , you can get an ex-partite judgment in your favor probably because your wife cannot challenge the divorce but When you re marry , you can re marry ONLY in US. The minute you land in India that re-marriage is considered illegal and your relationship with your 2nd spouse in US considered - bigamous. Bi gam y is not allowed in Hinduism .
If you prev wife finds out she can sue you and do many more things in India to make life the hell for you .
Can you post some more specific details abt ur case ?
If you divorce in US , you can get an ex-partite judgment in your favor probably because your wife cannot challenge the divorce but When you re marry , you can re marry ONLY in US. The minute you land in India that re-marriage is considered illegal and your relationship with your 2nd spouse in US considered - bigamous. Bi gam y is not allowed in Hinduism .
If you prev wife finds out she can sue you and do many more things in India to make life the hell for you .
Can you post some more specific details abt ur case ?
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a_yaja
01-21 08:45 AM
Can soneone help me with this question.....please....
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
Visiting your parents is a humanitarian reason. Anyways, as vin13 mentioned, they will usually not ask any questions. My wife and I came back from Jamaica after a vacation in Dec. 2008 and no one asked us any questions.
My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.
Thanks in advance!
Visiting your parents is a humanitarian reason. Anyways, as vin13 mentioned, they will usually not ask any questions. My wife and I came back from Jamaica after a vacation in Dec. 2008 and no one asked us any questions.
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sanjay02
05-14 03:15 PM
Gurus
I am going to be renewing my EAD myself and its going to be paper filing, so my question is what should I be be answering to the question below?
Its question 17 on the EAD form
17. If you entered the Eligibility Category, (c)(3)(C), in item 16 above, list your
degree, your employer's name as listed in E-Verfy, and your employer's EVerify
Company Identification Number or a valid E-Verify
Client Company Identification Number in the space below.
Degree:
Employer's Name as listed in E-Verify:
Employer's E-Verify Company Identification Number or a valid E-Verify
Client Company Identification Number
I am going to be renewing my EAD myself and its going to be paper filing, so my question is what should I be be answering to the question below?
Its question 17 on the EAD form
17. If you entered the Eligibility Category, (c)(3)(C), in item 16 above, list your
degree, your employer's name as listed in E-Verfy, and your employer's EVerify
Company Identification Number or a valid E-Verify
Client Company Identification Number in the space below.
Degree:
Employer's Name as listed in E-Verify:
Employer's E-Verify Company Identification Number or a valid E-Verify
Client Company Identification Number
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stupendousman11
08-07 10:40 AM
Decided to go ahead and mail in the medical reports along with copies of our 485 receipts since my PD became current in the Aug bulletin. Hoping this will prompt them to dust off my application since I haven't had a LUD for quite sometime.
Sent it about 10 days back but haven't seen an update yet.
Sent it about 10 days back but haven't seen an update yet.
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jsb
10-25 03:53 PM
I agree with you....You should be able to file the G28 form to get someone else to be yr representative 2 or 4
..
My understanding is that you need to send a Cancel G-28 notice (as a simple letter, or using a G-28 form) to USCIS. Your current attorney does not have to do anything. You hired your attorney, so you can drop him/her anytime and advise USCIS.
..
My understanding is that you need to send a Cancel G-28 notice (as a simple letter, or using a G-28 form) to USCIS. Your current attorney does not have to do anything. You hired your attorney, so you can drop him/her anytime and advise USCIS.
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smuggymba
09-17 11:19 PM
FB spillover from a year gets added to overall EB quota of 140K for next year. And each category gets its proportional share of the spillover.
do we know how much it is for this year?
do we know how much it is for this year?
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srsrsr
07-20 10:23 AM
Im also in same situation. My PD is Nov 2004(EB3) and I-140 approved.
I'm unmarried(might take 6 months to one year to get married) What if my 485
gets approved before marriage? what are the risks in applying now and later?
Please help.
I'm unmarried(might take 6 months to one year to get married) What if my 485
gets approved before marriage? what are the risks in applying now and later?
Please help.
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gcbum
08-01 04:59 PM
After the lawerand medical examination took a long time my concurrent filing applicaiton was over night fedexed on Jun 28th from nj to nebraska and fedex did not pickup on Jun 28th due some weather and they try to deliver on Saturday which was Jun 30th and finally it was delivered on July 2nd 7:55AM and the check also not encashed and application also not returned.
:mad:
:mad:
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pappu
03-29 02:37 PM
My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..
If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.
If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.
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jediknight
03-26 01:57 AM
I voted up the Immigration questions.
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
Looks like the Anti-Immigration folks are trying to vote down our questions.
- JK
manjunathk
07-18 01:00 AM
Let's send him "Get well soon" flowers with a letter explaining the REAL problem we (legal) immigrants face.
johnamit
08-30 01:08 PM
more details will help. Is the case is as simple as it sounds then may be half of filers will get RFE. There got to be more pieces to it, is there H1/F1/H4/L1 transfer exists? I-140 aprroved? etc. Think about other points that makes your case out of the heap.
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