gcseeker28
07-27 09:19 PM
hibnogc
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
narikg
06-15 11:09 PM
Passport should be valid for more than 6 months for applying I 485.
If somebody can answer that would begreat
If somebody can answer that would begreat
mali03
05-25 08:04 AM
called LINDSAY GRAHAM'S office!
RiaonH4
01-18 10:30 AM
There is a add on Sulekha which says u can apply Canadian Citizenship if u are on H1/F1/L1 and u need not move to Canada and stay and work in US. Has someone tried this or have any comments on this idea ?
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
Add says -->
Attention H1B, F1s, L1s
To difficult to get USA green Card?
Canadian Green Card helps you stay in USA Legally
You do not need to move to Canada
Get a Canadian Green card as a Back-up
Linky --> http://www.maple-immigration.com/ad_index_en.htm
:confused:
Ria
more...
milind70
11-06 08:37 AM
Though this may be off topic, it is related to travel and NIV.
I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.
Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.
Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.
Thanks
I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)
I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.
Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.
Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.
Thanks
I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)
monikainusa
03-25 12:41 PM
Hello Memebers,
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.
Thnaks
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.
Thnaks
more...
maddipati1
08-15 12:54 PM
Great.. please contribute to DC rally in anyway you can.
Great.. update ur profile with ur contribution
Great.. update ur profile with ur contribution
IneedAllGreen
02-23 01:23 PM
My Wife is attending her graduate school here. There is no need to show other than H4 visa and in most states you can have resident fees paid for your spouse study. More you can get information from the school you are intersted for H4 visa holder. Hope this help you.
Thanks
IneedAllGreen
Thanks
IneedAllGreen
more...
Munna Bhai
02-08 11:59 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
kamal
08-04 02:27 PM
Hi,
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.
My employer is based in Texas and I am working in california.
After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.
Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.
Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.
The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.
It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.
The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.
Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.
I've the following queries it would be great if I could get some answers/discussions/advice on the same.
1. Is my employer really trying to scare me so that I can pay them for the damamges?
2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?
3. If so how would I approach from here?
4. Has anybody similar experiences with their employers?
5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?
6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).
more...
HereIComeGC
11-15 03:18 PM
Nope. Management activities fall into a different job code and you will be breaking AC21 rules by taking up this new role.
If your employer is cooperative and your lawyer is willing write the new job description to fall into the engineering category and not management, you may be OK. But if it is an "awesome" company as you put it, I doubt they will be willing to manipulate your job description.
Anyway, check with them and the lawyer before you give up.
Good luck
No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net
"Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."
Link: http://online.onetcenter.org/link/summary/15-1031.00
If your employer is cooperative and your lawyer is willing write the new job description to fall into the engineering category and not management, you may be OK. But if it is an "awesome" company as you put it, I doubt they will be willing to manipulate your job description.
Anyway, check with them and the lawyer before you give up.
Good luck
No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net
"Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."
Link: http://online.onetcenter.org/link/summary/15-1031.00
dilipb
04-21 03:20 PM
This query is for a friend of mine.
His labor and 140 was pre-approved.
In jun 2007 he applied for 485 / EAD and AP.
He got EAD, is working on it.
He also used AP to go to india and back.
His H1 is already expired this month.
All he has is a new AP based new i94 which expires on the day his EAD expires.
Now his drivers license is expiring.
Does anyone know the documents he will be required to submit to DL center to get DL extended.
Also the most important thing is, can the DL somehow be extended for more than 1 year. Because doing this every year is a pain.
Thanks in advance.
His labor and 140 was pre-approved.
In jun 2007 he applied for 485 / EAD and AP.
He got EAD, is working on it.
He also used AP to go to india and back.
His H1 is already expired this month.
All he has is a new AP based new i94 which expires on the day his EAD expires.
Now his drivers license is expiring.
Does anyone know the documents he will be required to submit to DL center to get DL extended.
Also the most important thing is, can the DL somehow be extended for more than 1 year. Because doing this every year is a pain.
Thanks in advance.
more...
sss9i
08-05 10:42 PM
I didn't fill G28 form.
Filed by employer(Attorney is employer for Company) Is it o.k. without filling G28 form??
Thanks
Filed by employer(Attorney is employer for Company) Is it o.k. without filling G28 form??
Thanks
nixstor
04-09 03:42 PM
Ideas are dozen a dime irrespective of whether they are good/bad. As you observed that this is a good idea and IV has already approached websites like rediff/sulekha, only to be asked for enoromous amounts of money for featuring IV on their website. So we need $$$ via contributions or the situation should get so worse that media will write for free.
There are people who come out, say something, throw out an idea and vanish. By challenging their posts and providing them with the right information, we can streamline the zeal and enthusiasm to do something (if they have any). Its not meant to dampen the OP's spirit to work on anything. I feel that the repsonse to OP was lacking information about what IV has done already in this regard. asking for contribution might have made you feel that the response was blunt/heckling. He explained why we need money, like lobbying. IMHO, To get on to the hill and get an amendment the most important thing is $$$. Period.
There are people who come out, say something, throw out an idea and vanish. By challenging their posts and providing them with the right information, we can streamline the zeal and enthusiasm to do something (if they have any). Its not meant to dampen the OP's spirit to work on anything. I feel that the repsonse to OP was lacking information about what IV has done already in this regard. asking for contribution might have made you feel that the response was blunt/heckling. He explained why we need money, like lobbying. IMHO, To get on to the hill and get an amendment the most important thing is $$$. Period.
more...
gc_dedo
06-14 05:47 PM
Refer this:
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
I am also not sure why the need for Consular Processing.
Why cant CIS update existing EB3 485 to new approved EB2 140.
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
I am also not sure why the need for Consular Processing.
Why cant CIS update existing EB3 485 to new approved EB2 140.
jonty_11
03-02 02:25 PM
Exception 4 - have a question around this statement: For German transit VISA
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
more...
dealsnet
03-28 08:10 AM
Be positive. Hope for the best.
shahuja
02-06 09:28 AM
i just called DOS. He asked for my visa type and passport number. He said "your visa has been issued in Jan. Call the New Delhi consulate and they should let you know if it would come through mail or do you need to go pick it up"
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
what happens next ?? how long after this stage it takes to get the visa ?? are there any other checks that could be going on ?? ONCE DOS approves are there any other agencies like FBI, KCC doing some other approvals as well ?? if you know what happens next let me know..waiting for posts..
so now i know I am not stuck due to PIMS and DOS cleared and approved my visa in Jan..what else then ??
srinivas_o
01-08 12:37 PM
Thanks a lot to everybody whoever answered my questions.
EndlessWait
06-18 04:54 PM
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Is the visa number the red colored number on the visa stamp or something else?
thanks
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Is the visa number the red colored number on the visa stamp or something else?
thanks
guchi472000
07-01 04:09 PM
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
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