TexDBoy
09-11 10:30 PM
I think if the current H1B is expired, he has to apply transfer from India to a different company and go for VISA again ....
http://www.murthy.com/news/n_h1bcan.html
What Happens to my H1B if I am Abroad?
�MurthyDotCom
Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.
http://www.murthy.com/news/n_h1bcan.html
What Happens to my H1B if I am Abroad?
�MurthyDotCom
Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.
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MOONNLIGHT
12-09 06:34 PM
Citizen of India
B+ve
04-09 08:55 PM
Hi There,
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.
My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.
So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
Or does the service center really matters as it will take a very long time for me to get greened?
Thanks,
B+ve.
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Alabaman
10-06 08:38 AM
This belongs to News Article Thread
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gsc999
04-05 04:05 PM
I have sent an e-mail requesting the call number
GCisLottery
06-19 01:53 PM
Warning: Personal opinion.
Comprehensive Immigration Reform Bill passed by senate(S.2611) may not see the light this year - an election year.
The House of Representatives is controlled by the Republican party. It is their utmost priority to keep it that way after November elections.
Immigration is a hot issue. Having seen how nasty television commercials for candidates can turn into in hotly contested places, the war may be won or lost on immigration issue.
The President does not enjoy popularity to influence people to vote for a Republican candiate. No matter how many PR stunts he may do, it's going to have little effect, if any.
Comprehensive Immigration Reform Bill passed by senate(S.2611) may not see the light this year - an election year.
The House of Representatives is controlled by the Republican party. It is their utmost priority to keep it that way after November elections.
Immigration is a hot issue. Having seen how nasty television commercials for candidates can turn into in hotly contested places, the war may be won or lost on immigration issue.
The President does not enjoy popularity to influence people to vote for a Republican candiate. No matter how many PR stunts he may do, it's going to have little effect, if any.
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mn1975
08-17 09:25 PM
Hello
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway
My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months
Thank you
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punjabi
01-07 10:49 AM
This bill won't get passed.
This bill will only help their media groups get some sensationalizing material to raise their publicity, but there is absolutely no way it can get passed.
Rep. Steve King (R-Iowa) isn’t wasting any time with his immigration agenda, dropping a bill on the first day of Congress that goes after birthright citizenship.
...
...
Read more: Steve King unveils birthright bill - Simmi Aujla - POLITICO.com (http://www.politico.com/news/stories/0111/47125.html#ixzz1AMXwXFZJ)
This bill will only help their media groups get some sensationalizing material to raise their publicity, but there is absolutely no way it can get passed.
Rep. Steve King (R-Iowa) isn’t wasting any time with his immigration agenda, dropping a bill on the first day of Congress that goes after birthright citizenship.
...
...
Read more: Steve King unveils birthright bill - Simmi Aujla - POLITICO.com (http://www.politico.com/news/stories/0111/47125.html#ixzz1AMXwXFZJ)
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ruchi555
03-06 05:50 PM
That's helpful.
So, it doesn't matter if I have GC pending with company A, and I am over 6 years on H1B. Will company B be still able to get H1B extension since my I-485 is pending(with comp A)?
So, it doesn't matter if I have GC pending with company A, and I am over 6 years on H1B. Will company B be still able to get H1B extension since my I-485 is pending(with comp A)?
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billu
05-27 12:52 PM
because i was getting conflicting opinions, i consulted an immigration attorney from a big law firm. here is what he says:
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
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newuser
04-16 04:33 PM
Thanks a lot.
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Appu
09-16 12:38 PM
There's a very good post here:
http://www.dailykos.com/story/2006/8/29/1091/84205
Everyone on this forum should go read it and comment on it.
http://www.dailykos.com/story/2006/8/29/1091/84205
Everyone on this forum should go read it and comment on it.
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ssdtm
12-05 03:59 PM
Yes. There are people who never had H1 ever from cos, and still got their GC.
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snathan
02-23 06:59 PM
I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
Please advice if I should refile with education evaluation from anothe agency.
Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.
They are not disputing your B.E but your PGDM...
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gc28262
06-26 09:53 AM
Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.
Probably it is the pre-adjudication. I had soft LUDs on mine and spouse's 485 for the last 2 days. Recently got my I-140 approved.
Not sure why there is an LUD on your travel document.
Probably it is the pre-adjudication. I had soft LUDs on mine and spouse's 485 for the last 2 days. Recently got my I-140 approved.
Not sure why there is an LUD on your travel document.
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h1-b forever
01-27 09:06 AM
I am planning to visit India during May 2011. I am working in multinational company as civil engineer (on H1-B). I have PhD from US uni. I am reading a lot about visa stamping probs these days. Please help me taking decision whether to take chance (& visit India) or not. will appreciate any advises especially from ppl with such recent experience. Thanks.
Will you be affected by the employer-employee memo? It is based on this memo that many of the problems are arising. Talk to your lawyer too about it.
Will you be affected by the employer-employee memo? It is based on this memo that many of the problems are arising. Talk to your lawyer too about it.
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furiouspride
08-01 03:31 AM
You will have to staple the old passport to the newer one and carry both of them at all times. The visas on the previous passport will not be transferred over to the new passport.
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Anders �stberg
April 3rd, 2005, 01:39 PM
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needhelp!
10-12 04:31 PM
~
jatinr
01-17 11:05 PM
I have received 485 receipts and PD field is empty. My I-140 which was already approved has the priority date specified in it.
Is there anyone who has this column filled in their 485 receipt?
Is there anyone who has this column filled in their 485 receipt?
chanduv23
09-25 04:58 AM
September 27th is Thursday, please attend the conference call.
Details available in the State Chapter. Please join the chapter by following the link in my signature
Details available in the State Chapter. Please join the chapter by following the link in my signature
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