sangeethak31
07-13 02:51 PM
Hi,
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
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ssa
10-30 12:40 PM
In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.
vicks_don
11-15 12:30 PM
1. I hold an Indian passport
2. My H-1B stamp expired and so is my I-94
3. I have a valid I-797 till 2008.
4. I have a Canadian PR and yet to land.
I tried nvars.com and found none in Nov and Decemeber
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
2. My H-1B stamp expired and so is my I-94
3. I have a valid I-797 till 2008.
4. I have a Canadian PR and yet to land.
I tried nvars.com and found none in Nov and Decemeber
CORRECT ME IF I AM WRONG...IF I94 IS EXPIRED DOES IT NOT MEAN U R OUT OF STATUS. SHOULD YOU NOT RENEW I94 BASED ON I797 ?
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tonyHK12
11-30 09:14 PM
We need to get all these businesses to join together with Immigration voice and support us by lobbying and funding.
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
No Great H-1b will come here if its going to take 10-20 years to get a Green card.
I would suggest, lets have another action item to write to these companies about IV and ask for their help for Legal Immigrants that everyone needs.
This is a big thing that is missing so far.
See how the president of the Agricultural board, unions appear on TV asking for support for illegals and also get invited to Congress.
more...
andycool
01-27 07:13 AM
Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.
Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.
Even if its only for Phd's ....40,000 More Visas will be available for EB2 and EB3
i think EB2 Back log will be wiped away just in 1 year and fall down will be there for EB3.
crystal
02-04 02:42 PM
You are right only if they dont want to use EAD after they come back. If they use EAD once they come back to USA, then they are back to adjustee status.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
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kumarc123
02-11 10:52 AM
Looks like the news is out on this in media.
Immigration Voice has been aware of this and actively working on it for last 3 weeks. This had been also posted on the donor forums. Core members and several key IV volunteers/ donors already have been working on it and analyzing it. We also had been asked for our recommendations and had send our recommendations. We should see this bill introduced soon in a few days.
Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?
As I last recall, Zoe Lofgreen had tried a similar bill 3 years ago (2008) that would have eliminated visa backlog, but we all know that bill went no where.
At this point in time, does this bill have the potential to bring aboard the change we all are seeking for so long? I hope it does. As this journey has been quiet long and tedious.
Thank you
Immigration Voice has been aware of this and actively working on it for last 3 weeks. This had been also posted on the donor forums. Core members and several key IV volunteers/ donors already have been working on it and analyzing it. We also had been asked for our recommendations and had send our recommendations. We should see this bill introduced soon in a few days.
Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?
As I last recall, Zoe Lofgreen had tried a similar bill 3 years ago (2008) that would have eliminated visa backlog, but we all know that bill went no where.
At this point in time, does this bill have the potential to bring aboard the change we all are seeking for so long? I hope it does. As this journey has been quiet long and tedious.
Thank you
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nlssubbu
10-08 08:12 PM
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
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chanduv23
06-29 08:08 PM
Follow directions in your interview letter with list of things to take. Have all the originals and photocopies. If your case is straight forward , I dont think you need an attorney or else if you think you need an attorney find a local person in your area who can accompany you.
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
Did you get the interview letter after preadjudication or was it a part of pre adjudication process?
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
Did you get the interview letter after preadjudication or was it a part of pre adjudication process?
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aa_ke_phas_gaya
06-24 06:13 PM
Remember you are bonded labor if you are on H1B or Work Permit. They will use you & your illegal brothers every election year and this is one of those years ..... everything is chatter until something heppens.
Don't get your hopes high.... just get your head down and work for them.
Don't get your hopes high.... just get your head down and work for them.
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dixie
02-10 07:30 PM
I agree - the UK govt's policy statement, at least on the doctor's issue was clear : "We had a shortage earlier, therefore we needed foreign doctors. The shortage no longer exists, so we no longer need you. Please leave before mm-dd-yyyy". Contrast that with the US govts "we love your brains but hate your bodies policy" .. on one hand corporations cannot do without foreign skilled labor, at the same time folks like Lou FOULMOUTH and his cronies in congress and elsewhere cannot do without bashing them. In the tug-of-war between these two parties, we are left to rot on the sidelines - neither kicked out, nor allowed a rightful place to progress in society. If thats the case, why don't they simply remove the dual intent clause (and all those 1-yr / 3yr dole-outs aka extensions) from the H1-B program ? Thats better than having to live 15 years on an H1-B.
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
UK is at lease clear what is their immigration policy. I would like to have similar stand from US Govt where they come out and say in clear words "we don't want to in here" OR "Come here, work for 6 years and leave" OR "we cant you to stay and fix the GC process.
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hopefulgc
05-12 02:45 PM
We need to raise a million $. Anything less is seeming to just not cut it.
Look where we are now with our half-hearted efforts.
DOS says that EB3 would be retrogressed for the remaining part of the year. There was a time I used to believe that come year 2008, there is no way EB3 would be at 2001. I was wrong.
Today I think, there is no way the dates would be at 2002 come 2011.... but guess what.. its a definite possibility.
We need to do something substantial. We must equip IV with huge funds .. funds that will get us in bed with the right people.
--- here is what follows from an earlier post
Even though we have a very honest agenda at heart which at its very core aims to help America be more competitive in the global scene, apparently, we need to have the financial clout to be able to turn heads and thus have our voices heard.
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.
now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.
People, we gotta swing for the fences, the next time we go to play.
It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
We need to be a big fish.. a million $+ whale to be taken seriously.
Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.
funding drive is here: http://immigrationvoice.org/forum/showthread.php?t=18790
Brethren.... rise!
Look where we are now with our half-hearted efforts.
DOS says that EB3 would be retrogressed for the remaining part of the year. There was a time I used to believe that come year 2008, there is no way EB3 would be at 2001. I was wrong.
Today I think, there is no way the dates would be at 2002 come 2011.... but guess what.. its a definite possibility.
We need to do something substantial. We must equip IV with huge funds .. funds that will get us in bed with the right people.
--- here is what follows from an earlier post
Even though we have a very honest agenda at heart which at its very core aims to help America be more competitive in the global scene, apparently, we need to have the financial clout to be able to turn heads and thus have our voices heard.
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.
now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.
People, we gotta swing for the fences, the next time we go to play.
It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
We need to be a big fish.. a million $+ whale to be taken seriously.
Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.
funding drive is here: http://immigrationvoice.org/forum/showthread.php?t=18790
Brethren.... rise!
more...
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dbevis
March 14th, 2004, 08:32 PM
Nope. I do have email in it, but found that useless. I"m sort of a bipolar technogeek, I guess. Deep excess in some areas, total disdain in others.
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fromnaija
07-11 03:24 PM
If you file 485 based on your previous approved 140, you are compelled to go back to your previous employer when your GC is approved.
So the options you have are:
1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.
2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.
The choice is yours.
So the options you have are:
1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.
2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.
The choice is yours.
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BharatPremi
07-12 04:34 PM
I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
FBI delays is the prime reason for this fiasco.
BTW my AOS is pending due to indefinite background check delay.
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
This (besides labor backlog) spoils the FIFO for GCs.
Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.
DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.
However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.
FBI delays is the prime reason for this fiasco.
BTW my AOS is pending due to indefinite background check delay.
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
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Green.Tech
08-06 09:50 AM
Any other thoughts?
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watzgc
09-18 04:45 PM
Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.
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dealsnet
03-31 05:46 PM
The OP (MORON) is a fake. He is promoting some Taliban type groups. India will not take any one without passport or embassy out passes. If he went to India without these, he will be in JAIL. If something wrong, USA will not send out any one.
DON'T MAKE AS A FOOL, DEAR FRIEND.
PLAY APRIL FOOL WITH YOUR TALIBAN FRIENDS. NOT WITH IV MEMBERS.
HERE EVERY ONE IS HIGHLY QUALIFIED AND NOT A FOOL LIKE YOU AND YOUR STUPID SATANIC IDEOLOGIES.
I wonder why his/her handle is "webPromo"??? hmm... promoting "something" on the web...:D.
DON'T MAKE AS A FOOL, DEAR FRIEND.
PLAY APRIL FOOL WITH YOUR TALIBAN FRIENDS. NOT WITH IV MEMBERS.
HERE EVERY ONE IS HIGHLY QUALIFIED AND NOT A FOOL LIKE YOU AND YOUR STUPID SATANIC IDEOLOGIES.
I wonder why his/her handle is "webPromo"??? hmm... promoting "something" on the web...:D.
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ganguteli
06-12 09:52 AM
Hi,
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
You should find another job asap.
If you cannot, then leave the country. If you overstay you will be illegal.
And if you are an anti-immigrant posting on this site to expect people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop comming to this site and try to malign law abiding people. Got it.
Read this
http://www.post-gazette.com/pg/08060/861421-85.stm
1 in every 100 Americans in jail
While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.
Now what are my options going forward and how does this affect my chances of a successful PERM filing ??
I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).
Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
You should find another job asap.
If you cannot, then leave the country. If you overstay you will be illegal.
And if you are an anti-immigrant posting on this site to expect people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop comming to this site and try to malign law abiding people. Got it.
Read this
http://www.post-gazette.com/pg/08060/861421-85.stm
1 in every 100 Americans in jail
sai
06-16 01:48 PM
Last 3 months statement should be more than enough. I printed online statement attested and sent it. I had no problem.
priderock
05-15 12:48 PM
Is there already a poll like this for EB3?
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
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