gcformeornot
04-07 02:07 PM
As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..
Correct me if this is wrong...
but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....
Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....
Correct me if this is wrong...
but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....
Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....
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little_willy
08-25 03:16 PM
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
InTheMoment
02-21 05:24 PM
Does anyone have an idea whether new H1-B adjustment of status (quota exempt categories) are processed in Vermont itself or sent to California. Also, are they are taking the same time as extensions/transfers ? @90 days.
I read somewhere that only extensions are being transferred to CA.
Will be great to know from people who went thro' a similar quota exempt new H1-B approval process recently.
thanks !
I read somewhere that only extensions are being transferred to CA.
Will be great to know from people who went thro' a similar quota exempt new H1-B approval process recently.
thanks !
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ajay
07-25 08:18 PM
Folks,
What is the best and most cost effective way to send some money home ?
Till last year I was using the service from icici and was under the belief that the exchange rate was pretty decent. the service I believe was never free as they make up for service fee though the exchange rate.
Today for example when I check on icici it says they will give a rate of 47.63 per $ which I believe means around half a rupee less per $ ?
so for $1000 they are essentially charging Rs 500 (aound $10)
I beleive previously they were giving around 25 paise less per $ and now it looks like it is 50 paise less per dollor ?
Western union charges $15 and also gives a lower exchange rate than icici.
So would that mean ICICI isthe best cost effective one ?
Ideas ?
Thanks,
Try SBI service: SBI Global Link Services - US (http://www.onlinesbi.com/glsus/#)
What is the best and most cost effective way to send some money home ?
Till last year I was using the service from icici and was under the belief that the exchange rate was pretty decent. the service I believe was never free as they make up for service fee though the exchange rate.
Today for example when I check on icici it says they will give a rate of 47.63 per $ which I believe means around half a rupee less per $ ?
so for $1000 they are essentially charging Rs 500 (aound $10)
I beleive previously they were giving around 25 paise less per $ and now it looks like it is 50 paise less per dollor ?
Western union charges $15 and also gives a lower exchange rate than icici.
So would that mean ICICI isthe best cost effective one ?
Ideas ?
Thanks,
Try SBI service: SBI Global Link Services - US (http://www.onlinesbi.com/glsus/#)
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Winner
04-08 04:18 PM
All i am asking is the media they know and number of users. I dont know what you talking about.
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
There are a few more things in this site apart from forums. I would recommend to spend some time learning more about the group, its activities, state chapters etc.
Also, did you know we have some action items? and did you notice some people donate time and money?
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
There are a few more things in this site apart from forums. I would recommend to spend some time learning more about the group, its activities, state chapters etc.
Also, did you know we have some action items? and did you notice some people donate time and money?
chanduv23
03-03 12:14 PM
chanduv
thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
thanks a lot in advance.
Check out my blog on IV also check some threads that ran in past.
Remember - RFE for employment does not necessarily get triggered because of 140 revoke - it can be triggered even if you change address (see some threads)
thanks for the encouraging reply. it seems like some people are getting denials without any NOIDs and are going out of status due to that. my previous company is not going to revoke my I-140 so that is not a problem. however i am concerned about any other stupid reasons that these people might put in a denial and make us go through the suffering process. do you know of any such situations or do you think that the USCIS is completely aware of this AC21 clauses and that they do not simply deny the cases. I know i am asking a completely insane question but just wanted to try any ways.
thanks a lot in advance.
Check out my blog on IV also check some threads that ran in past.
Remember - RFE for employment does not necessarily get triggered because of 140 revoke - it can be triggered even if you change address (see some threads)
more...
immi_seeker
10-02 10:10 AM
you could try getting a letter from university that you had completed all the requirements for your degree in 2000 but your degree was formally awarded in 2002
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immidude
07-13 10:36 AM
ppl respond i think it is very important
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chanduv23
03-03 11:55 AM
Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
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BMS1
08-21 12:05 PM
Thanks
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iptel
04-18 12:48 PM
Guys:
Before we get all excited and start signing petitions, please check to confirm whether you are legally safe by doing so. For more information please see this link from Murthy website http://www.murthy.com/news/n_parele.html
I write this because the petition is sponsored by a campaign manager for Kennedy. Please be very careful in signing such petitions. I would recommend discussing any such petition on this forum and getting input from the IV folks or from your lawyers before signing any petition that supports an individual or any particular political party.
Thanks bkarnik
Before we get all excited and start signing petitions, please check to confirm whether you are legally safe by doing so. For more information please see this link from Murthy website http://www.murthy.com/news/n_parele.html
I write this because the petition is sponsored by a campaign manager for Kennedy. Please be very careful in signing such petitions. I would recommend discussing any such petition on this forum and getting input from the IV folks or from your lawyers before signing any petition that supports an individual or any particular political party.
Thanks bkarnik
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snathan
08-18 05:10 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
more...
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rsharma
07-24 06:58 PM
rsharma:
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
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eb3_nepa
10-13 03:11 PM
I have ALWAYS gone in T-shirt and Jeans and never had a problem. They dont really care about your appearance, although it is a good idea to dress decently.
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amsgc
04-02 08:27 PM
Hi Bhayzone,
Allow me to help you a bit here...
First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:
1) The new application should not be counted against the yearly H-1B cap.
2) Your current H-1B status be "extended" in the US
3) Your wife's H4 status be "extended" in the US
Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)
I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.
All this is doable because you can:
1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.
Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!
Good luck!
Ams
Hi,
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
Allow me to help you a bit here...
First of all, there is no such thing as a H-1B transfer. When you change jobs, the new employer files a "new petition" with the USCIS requesting that:
1) The new application should not be counted against the yearly H-1B cap.
2) Your current H-1B status be "extended" in the US
3) Your wife's H4 status be "extended" in the US
Only your wife's H4 status is dependent on your H-1B status. If your wife changes her status to F1, then your H-1B status has no bearing at all on her F1. You could even go back to your home country and stay there while your wife completes her education on F1 :)
I think the answer to your first two questions is in the above discussion. As for the third, I would personally wait to have the H-1B and H4 extensions approved, before applying for change from H4 to F1.
All this is doable because you can:
1) Use premium processing (2 weeks) for your new H1 and wife's extended H4 (at the same time). Note that you are legally allowed to pay the premium processing fee of $1000.
2) School doesn't start until the begining of July, which gives your wife enough time to change her status from H4 to F1.
Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!
Good luck!
Ams
Hi,
My wife is on an H4 and we're planning to change her status to F1.
Now my H1, thus her H4 is up for renewal soon (I have another 3 yrs on my H1).
I will very soon be transferring my H1 to a new company.
I am worried about the implications this might have on the H4 to F1 transfer.
1] When my new company transfers the H1, will they also file for renewal? Or will they only transfer and later renew seperately.
2] Assuming that we change the current H4 to F1, then will we have to renew the F1 too when my wife's H4 is transferred (due to my H1 transfer).
3] Is it better to transfer to F1 from the current H4 , or wait for the new H4 for the transfer.
All advice/suggestion would be really appreciated.
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prem_goel
12-02 11:25 PM
Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.
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uma001
02-01 01:31 PM
Congrats and dont forget to continue to stay on this forum to help others if they have any questions regarding green card process
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enggr
10-04 08:17 AM
They have this in Connecticut (CT) state also . In 2010 Jan I applied for my license transfer and they checked my 797, passport, employment verification letter etc and they said they need to send the verification to USCIS which will take a few hours or a day. they wanted me to come back the next day to collect the license
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bekugc
04-04 03:13 PM
Flexi,
ur just making what we refer to as a 'h1 transfer'. u donot have to wait till oct to begin ur work at the new employer. anytime after u get ur receipt u can terminate the first job and join the new one.
regarding
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
ans: as long as u have NOT terminated ur existing H1 employment, u can travel ( assuming u have a valid visa to reenter the US). it doesnt matter whether u applied for h1 transfer or not, as long as ur current H1 visa is valid and ur maintaining proper H1 status at existing emplyer, u shud not have problems coming back to US on H1. after u come back , depending on whether ur got ur new h1 receipt , u can terminate first job and join the new one.
In regards to the timing of a petition -
as we have mentioned, ANY time after recieving receipt u can start ur new work...so why u waiting for absolute 1 or 2 weeks before july to start the paperwork???? do it 4 weeks before, and even if receipt comes early, nobody will force u to join then and there. once u have receipt, u can give whatever reason u want and join the new employer at ur chosen date....
ur just making what we refer to as a 'h1 transfer'. u donot have to wait till oct to begin ur work at the new employer. anytime after u get ur receipt u can terminate the first job and join the new one.
regarding
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
ans: as long as u have NOT terminated ur existing H1 employment, u can travel ( assuming u have a valid visa to reenter the US). it doesnt matter whether u applied for h1 transfer or not, as long as ur current H1 visa is valid and ur maintaining proper H1 status at existing emplyer, u shud not have problems coming back to US on H1. after u come back , depending on whether ur got ur new h1 receipt , u can terminate first job and join the new one.
In regards to the timing of a petition -
as we have mentioned, ANY time after recieving receipt u can start ur new work...so why u waiting for absolute 1 or 2 weeks before july to start the paperwork???? do it 4 weeks before, and even if receipt comes early, nobody will force u to join then and there. once u have receipt, u can give whatever reason u want and join the new employer at ur chosen date....
getgreensoon1
01-26 02:57 PM
2 people from Andhra get into top positions in IIT exams. 1600 people get caught going to fake universities in the US. That is a disgrace. People fron Andhra show desperation in the US and affect the diginity of every Indian in the US.
theperm
05-07 01:52 PM
I am suspecting it will not be favorable at all
Please let us/me know ASAP.
Please let us/me know ASAP.
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