greenlight
02-18 02:07 PM
Suppose you work for Company A on H-1B. You get out of the U.S. and come back with AP. You become parolee at that time. File an H-1B extension with Employer A, get new I-94 that indicates your status is now H-1B.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
6 months later, you get another job with Employer B. Since you already are on H-1B with Company A, you should be able to transfer your H-1B to Company B.
I recently went to South Korea and entered the US on the AP since I didn't feel that I had enough time to wait for my H-1B stamped in my passport at the US emabassy in Seoul. Before leaving the US, I consulted with my attorney on this issue and she assured me that my H-1B is valid as long as I file the extension and maintain terms of the H-1B visa.
This is her opinion in quotes:
"I wanted to emphasize that you do not need to obtain the H visa as long as you have an unexpired Advance Parole document to use instead. To clarify, you are then entering in parolee status but in later filing an H extension or change of employer petition, DHS will terminate the grant of parole and admit you back into H classification. Additionally, if you enter on the advance parole and work consistent with the terms of your underlying current H petition, you are not violating your status nor do you need a separate EAD work card."
I hope this helps.
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fatjoe
10-01 03:48 PM
It would take at least 45 days. You will always get about a month's notice for the interview. As per my case, I got a notice on March 10, 2009 that my case was transferred to NBC and that I would have to attend an interview at local office. I got the interview notice around May 15th for the interview scheduled on June 25th.
Hard and Soft LUD recently stating case moved to local office. Does anybody has any idea on timeframe for interview call? Dates being current I want it asap.
Hard and Soft LUD recently stating case moved to local office. Does anybody has any idea on timeframe for interview call? Dates being current I want it asap.
zeldafreak
06-04 02:22 PM
i really dont know how to make it look realistic, if you havent noticed (which if you really didnt then i would be laughing my head off) i am not a well trained PS person.
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rameshk75
08-19 01:55 PM
Congrats and n'joy the life...i understand your anxiety and you deserve it...
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sam2006
07-19 06:26 PM
already did my 100$ for this drive
please folks contribute for aman and the core !!!
its OUR turn to do the work
please folks contribute for aman and the core !!!
its OUR turn to do the work
EB3Victim
12-18 10:29 AM
My spouse(H1) and my kid(H4) passports were handed over to VFS today(Dec 18). This is the first H1 stamping of my spouse.Their appointment was on Dec 11
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poorslumdog
03-29 02:19 PM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
Did you get the invitation letter addressed to the IO at POE by your employer. Why did he invite you here in the first place when there is no project.
however after coming here , Paid for my own ticket and landed here on start of january 2011.
Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.
I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.
I need to clarify a few things before i nail these blood suckers
1. How long before i board my flight back home , should i send the documents to DOL
2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL
3. What other documents should i send alongwith
4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.
5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.
I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.
Any advices are welcome to help me bring these guys to justice.
Did you get the invitation letter addressed to the IO at POE by your employer. Why did he invite you here in the first place when there is no project.
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rimzhim
02-01 04:54 PM
Anti-immigrants can not be able to pick on this, because Retrogression will worsen all these things. Those people will continute to work with those desi consulting companys irrespective of the fact that they have GCs or not, because they cannot stand on their own feet.
If the retrogression goes away then people with good skills can move freely in the market and will be more readily available to the market. In fact that would harm thse companys big time. Currently both good and not so good people are hostage in the hands of these companys and these companys are sort of dictating the makket conditions.
In economic terms the difference is same as Free market and monopolistic market.
thx. this is enlightening for me! survival of these companies hurts ppl with high skills, it increases retrogression, and it untimately harms the economy as well.
If the retrogression goes away then people with good skills can move freely in the market and will be more readily available to the market. In fact that would harm thse companys big time. Currently both good and not so good people are hostage in the hands of these companys and these companys are sort of dictating the makket conditions.
In economic terms the difference is same as Free market and monopolistic market.
thx. this is enlightening for me! survival of these companies hurts ppl with high skills, it increases retrogression, and it untimately harms the economy as well.
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Raji
05-12 05:09 PM
Very wise of you Nitin. I doubt that anyone in this forum disagrees with what you have said.
But I also believe that IV members are here to address some issues confronting them re the GC processing. I would focus on things that need doing - the core agenda - not on fraud committed by some handful of persons, and who has got his/her spouse a job where. These are not issues that concern us - there are enough crabs in the anti-basket to bring legal immigrants down - its a stunning revelation that USCIS can at random hike fees, lengthen process, and leave legal immigrants in a limbo for years on end. Indeed the system is so incoherent that to this day they are unable to give us a reply on waiting times and our place in the line. I prsonally have yet to see such an ill-defined and poorly organized immigration system anytwhere in the world. Every nation - be it Canada, Australia, NZ, or UK have a clear outline and timeline as to fees, waiting periods, rights and responsbilities of people in the line to immigrate - be it for PR or citizenship. And this is the very least we too can expect of the US immigration system. A big push is needed for immigration reform for legal immigrants. And we are not likely to get anywhere if our focus will be on issues that are raised in anti-immigration forums. This is not to say these issues do not exist - the point I am trying to make is that they are NOT OUR issues.
We only need to focus on the positive. The contributions of the genuine, law-abiding majority of legal H1B who come from many nations across the world and get stuck for years on an artificially created queue. The fact that we have come here on an H1 B visa which by law allowed us to file for a GC. The issue @ hand is waiting time, and associated concerns, an attempt to end retrogression, remove per country limits or at least align them with H!B intake numbers, and recapture of visa numbers. Many of us have lived here 7+ years, have put down some roots, and would like to see some positive end to this frustraing wait. We also need to Q the DHS and CIS process why we are indefinately funding the CIS and seeing no result to our cases. No one likes their life to be held up and that is why we need to get together to end this unfair wait.
To Core: I would argue that the issues that need to be fixed re GC for legal EB immigrants are issues of PROCESS not POLICY. Yes, these issues are often rolled into a bundle and presented as policy - I would argue that they need to be DELINKED from CIR and such like that focus on policy based issues regarding illegal immigrants. This nation already has a policy to allow people to immigrate legally - the problems are in the proces of executing that policy. That and that alone needs to be our focus.
Regards,
Raji
But I also believe that IV members are here to address some issues confronting them re the GC processing. I would focus on things that need doing - the core agenda - not on fraud committed by some handful of persons, and who has got his/her spouse a job where. These are not issues that concern us - there are enough crabs in the anti-basket to bring legal immigrants down - its a stunning revelation that USCIS can at random hike fees, lengthen process, and leave legal immigrants in a limbo for years on end. Indeed the system is so incoherent that to this day they are unable to give us a reply on waiting times and our place in the line. I prsonally have yet to see such an ill-defined and poorly organized immigration system anytwhere in the world. Every nation - be it Canada, Australia, NZ, or UK have a clear outline and timeline as to fees, waiting periods, rights and responsbilities of people in the line to immigrate - be it for PR or citizenship. And this is the very least we too can expect of the US immigration system. A big push is needed for immigration reform for legal immigrants. And we are not likely to get anywhere if our focus will be on issues that are raised in anti-immigration forums. This is not to say these issues do not exist - the point I am trying to make is that they are NOT OUR issues.
We only need to focus on the positive. The contributions of the genuine, law-abiding majority of legal H1B who come from many nations across the world and get stuck for years on an artificially created queue. The fact that we have come here on an H1 B visa which by law allowed us to file for a GC. The issue @ hand is waiting time, and associated concerns, an attempt to end retrogression, remove per country limits or at least align them with H!B intake numbers, and recapture of visa numbers. Many of us have lived here 7+ years, have put down some roots, and would like to see some positive end to this frustraing wait. We also need to Q the DHS and CIS process why we are indefinately funding the CIS and seeing no result to our cases. No one likes their life to be held up and that is why we need to get together to end this unfair wait.
To Core: I would argue that the issues that need to be fixed re GC for legal EB immigrants are issues of PROCESS not POLICY. Yes, these issues are often rolled into a bundle and presented as policy - I would argue that they need to be DELINKED from CIR and such like that focus on policy based issues regarding illegal immigrants. This nation already has a policy to allow people to immigrate legally - the problems are in the proces of executing that policy. That and that alone needs to be our focus.
Regards,
Raji
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chanduv23
07-02 02:36 PM
I have taken my Ex - employer to DOL and USCIS and I was successful getting my money back.
If you go with lawsuit then it becomes partially a Civil case rather than criminal offense.
If any one needs info how to proceed send me a PM
Were they affected by your complaint? I guess they know and are ready to face these things.
If you go with lawsuit then it becomes partially a Civil case rather than criminal offense.
If any one needs info how to proceed send me a PM
Were they affected by your complaint? I guess they know and are ready to face these things.
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oliTwist
01-15 01:32 PM
Folks,
There are many discussions on immigration (some in favor and some totally misrepresenting the legal immigration).Mind you many of the ordinary citizens are voting on these posts, which indicate the popularity. Obviously this is one way of increasing the popularity of posts highlighting our case (ala Digg)
Only a few of the immigration posts are addressing our pain points. One eg is something like: Please help the Immigration System
Please vote for them and champion the advantages for all by commenting and voting.
I believe at the moment this is achievable by all. Please act!
There are many discussions on immigration (some in favor and some totally misrepresenting the legal immigration).Mind you many of the ordinary citizens are voting on these posts, which indicate the popularity. Obviously this is one way of increasing the popularity of posts highlighting our case (ala Digg)
Only a few of the immigration posts are addressing our pain points. One eg is something like: Please help the Immigration System
Please vote for them and champion the advantages for all by commenting and voting.
I believe at the moment this is achievable by all. Please act!
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map_boiler
07-11 12:21 PM
"Dear XXX: We were informed yesterday afternoon, during our teleconference with AILA, that it was confirmed by the Immigration Service that they are not rejecting/returning any cases received by Monday July 2, 2007. Your application was included in the early Monday delivery of packets marked for Saturday delivery so it will be retained by the Immigration Service while they make a decision on whether or not to reverse themselves on the filing deadline.
I will keep you posted as to any new developments on your case. You will also be receiving our Breaking News online notices advising you of any new changes. If you are not already receiving our newsletter, please let me know I will ask our secretary to add you to our e-mail list."
I will keep you posted as to any new developments on your case. You will also be receiving our Breaking News online notices advising you of any new changes. If you are not already receiving our newsletter, please let me know I will ask our secretary to add you to our e-mail list."
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gene77
08-19 02:31 PM
And I'm sure that other must ask these questions of themselves as well but I just haven't come across any postings recently ..
In addition to our drive of sending out letters to the respective lawmakers, what does the group think of visiting one of the local Dept. of State offices in-person to get answers to some of our questions?
1. How is the visa spill-over from EB1 to EB2 being distributed, are there no chances of EB3 candidates receiving a portion of it?
2. What is the rationale for EB3 being unavailable (or moving at snail pace when available) when EB2 dates have been moved to 2006? (Please don't get me wrong, just asking questions)
Thoughts??
In addition to our drive of sending out letters to the respective lawmakers, what does the group think of visiting one of the local Dept. of State offices in-person to get answers to some of our questions?
1. How is the visa spill-over from EB1 to EB2 being distributed, are there no chances of EB3 candidates receiving a portion of it?
2. What is the rationale for EB3 being unavailable (or moving at snail pace when available) when EB2 dates have been moved to 2006? (Please don't get me wrong, just asking questions)
Thoughts??
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walker15
09-17 12:11 PM
And then may be lunch, suspense after lunch. This is like a Ramgopal Verma's movie :)
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pcs
04-19 08:25 AM
You mean members who have not contributed anything so far, right?
let us do this
let us do this
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pappu
07-16 09:40 PM
All,
AILA has a template of a letter/email to Congress members that can be used to express support for visa recapture and immigration reform.
Please check out
AILA - Web Resources (http://capwiz.com/aila2/issues/alert/?alertid=13300836&type=CO)
You may like to modify the message to suit your life situation and preferences. For example, instead of undocumented aliens, I used the opportunity to stress the difficulties of employment-based applicants. While I have nothing against them, it is my belief that I need to stress my own problem and seek a resolution.
And, I have also forwarded the link and my mail to all my friends who are waiting for green cards. More importantly, I have asked my relatives and friends, who are citizens or who have green cards, to pitch in and write for our sake.
My suggestion, should you agree with the above, is not only to write to your Congress members but also ask your relatives and friends to do likewise.
Best wishes
We advice not to use this template and form. The message and the organization sending it for their advocacy agenda is very important. Even if you change the wording, people will hardly read the letter. They will look at the organization that sent it and its agenda.
It is better to call or email your senators and congressmen with a personal message. When there is a need for a fax campaign, IV will activate its fax campaign system here http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
If you email or call your Congressmen or Senator, do tell them that you are a member of ImmigrationVoice so that their office can make the connection to your calls, meetings and emails in our advocacy meetings. Another point to note that in person meetings have much more effect than emails. You may get a standard reply to your emails. Sometimes the response may talk about a general immigration position of the senator rather than a specific reply to your question.
BTW do not quote any bill # yet. If you want to talk about Recapture, just say recapture of unused visas for Employment based category.
AILA has a template of a letter/email to Congress members that can be used to express support for visa recapture and immigration reform.
Please check out
AILA - Web Resources (http://capwiz.com/aila2/issues/alert/?alertid=13300836&type=CO)
You may like to modify the message to suit your life situation and preferences. For example, instead of undocumented aliens, I used the opportunity to stress the difficulties of employment-based applicants. While I have nothing against them, it is my belief that I need to stress my own problem and seek a resolution.
And, I have also forwarded the link and my mail to all my friends who are waiting for green cards. More importantly, I have asked my relatives and friends, who are citizens or who have green cards, to pitch in and write for our sake.
My suggestion, should you agree with the above, is not only to write to your Congress members but also ask your relatives and friends to do likewise.
Best wishes
We advice not to use this template and form. The message and the organization sending it for their advocacy agenda is very important. Even if you change the wording, people will hardly read the letter. They will look at the organization that sent it and its agenda.
It is better to call or email your senators and congressmen with a personal message. When there is a need for a fax campaign, IV will activate its fax campaign system here http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
If you email or call your Congressmen or Senator, do tell them that you are a member of ImmigrationVoice so that their office can make the connection to your calls, meetings and emails in our advocacy meetings. Another point to note that in person meetings have much more effect than emails. You may get a standard reply to your emails. Sometimes the response may talk about a general immigration position of the senator rather than a specific reply to your question.
BTW do not quote any bill # yet. If you want to talk about Recapture, just say recapture of unused visas for Employment based category.
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saileshdude
03-31 08:36 AM
A lawsuit should bring things back on track. This is what happened in Jul 07. If it was not for the lawsuit dates would not have become current for Jul 07 filers. I feel there is pretty strong case here considering there are so many people who faced the same thing.
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abhijitp
12-03 07:03 PM
I just thought I will play the devil's advocate.
It could be that $100 or $50 is a big amount for people. Maybe people do not make $80K a year, just half of that (there are may H1Bs like that). Micro-payments may be a better option for some people. Do we want to disallow those contributions as well? People who want to pay will pay and people who do not want to pay will not pay. I guess we just have to make sure that we donot deny the people who want to pay but cannot. :)
I am willing to go along with monthly payments as there seems to be a consensus on this forum that it is the best option.
Cheers
This has been discussed umpteen number of times, but I am going to share a personal experience here (shared once already on a similar thread).
For the last state chapter (Diwali Mela) event in North CA we were accepting ANY AMOUNT for a contribution, but were suggesting $25 or $50.
How many contributed? About 20 from a state chapter that boasts of 150+ members.
The fact is, people do one of the following:
1. look at the recommended amount and contribute that amount (most of our donors were $25, and a few paid $50)
2. pay a high $ amount simply because (s)he is convinced he wants to help as much as possible! (Most of the volunteers for the event paid $50 or more, and three of them paid $90/$100 each)
3. DO NOT pay, no matter what, as they are not convinced it will help reduce their waiting time
One more time... IV is not turning anyone away. If you can only contribute $10 a month, please feel free to paypal it yourself to donations at immigrationvoice.org
Like the squirrel who helped Lord Rama construct the bridge (sorry for making this a slightly "Indian" post, but can't think of a better analogy) every small bit is going to help IV, and will be most appreciated!
However, the bridge to the GC is a long one, and our Lord Rama (IV) needs thousands of hard-working and contributing monkeys to make it a reality:D
It could be that $100 or $50 is a big amount for people. Maybe people do not make $80K a year, just half of that (there are may H1Bs like that). Micro-payments may be a better option for some people. Do we want to disallow those contributions as well? People who want to pay will pay and people who do not want to pay will not pay. I guess we just have to make sure that we donot deny the people who want to pay but cannot. :)
I am willing to go along with monthly payments as there seems to be a consensus on this forum that it is the best option.
Cheers
This has been discussed umpteen number of times, but I am going to share a personal experience here (shared once already on a similar thread).
For the last state chapter (Diwali Mela) event in North CA we were accepting ANY AMOUNT for a contribution, but were suggesting $25 or $50.
How many contributed? About 20 from a state chapter that boasts of 150+ members.
The fact is, people do one of the following:
1. look at the recommended amount and contribute that amount (most of our donors were $25, and a few paid $50)
2. pay a high $ amount simply because (s)he is convinced he wants to help as much as possible! (Most of the volunteers for the event paid $50 or more, and three of them paid $90/$100 each)
3. DO NOT pay, no matter what, as they are not convinced it will help reduce their waiting time
One more time... IV is not turning anyone away. If you can only contribute $10 a month, please feel free to paypal it yourself to donations at immigrationvoice.org
Like the squirrel who helped Lord Rama construct the bridge (sorry for making this a slightly "Indian" post, but can't think of a better analogy) every small bit is going to help IV, and will be most appreciated!
However, the bridge to the GC is a long one, and our Lord Rama (IV) needs thousands of hard-working and contributing monkeys to make it a reality:D
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lg11105
11-17 06:54 AM
I filed 485 in Sep 2003.
First Finger Print is done in Aug 2004.
Second Finger Print is done in April 2007.
Took Infopass on Sep 11th 2007 and I was told by Officer that everything looks good but still pending and asked me to check after 2 months.
Took Infopass again on Nov 13th 2007 and came to know that FBI Name Check is Pending on my and my wife's cases.
How do I know how long FBI Name Check is Pending on my case ?
First Finger Print is done in Aug 2004.
Second Finger Print is done in April 2007.
Took Infopass on Sep 11th 2007 and I was told by Officer that everything looks good but still pending and asked me to check after 2 months.
Took Infopass again on Nov 13th 2007 and came to know that FBI Name Check is Pending on my and my wife's cases.
How do I know how long FBI Name Check is Pending on my case ?
rkotamurthy
07-16 01:41 PM
Signed.
darslee
07-13 09:06 PM
Good luck.....wishing you great success with this effort....cant wait for the feedback! :)
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