rayen
05-06 06:04 PM
Case: H1B transfer Denial
One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
Can he go back to previous employer ?
Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
Please let me know it is kind of urgent...
One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
Can he go back to previous employer ?
Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
Please let me know it is kind of urgent...
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Lara007
01-16 10:33 PM
All the metros are crowded in India. Bangalore & Pune have more IT opportunities and have good schools.
PD_Dec2002
06-12 07:18 PM
I actually sent evl instead of paystubs. I cant produce paystubs because I am not currently working with them
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
What is "evl"?
Anyway, it appears you just filed for your I-485 using "evl" or whatever it is that is causing you grief. Well, one "adventurous" option would be that if you just filed for I-485 and your PD is current and your old employer is not revoking the I-140, why don't you ask the new employer to apply for your LC and I-140 and then port the PD from the old employer?
Don't withdraw your existing I-485 until your new LC and I-140 come through. If the PD is current, then withdraw the old I-485 and apply for a new I-485. If the PD is not current, then do nothing and hope you don't get a RFE on the existing I-485.
Thanks,
Jayant
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s_r_e_e
08-07 05:35 PM
We did my wife's h4 stamping when landed in canada for PR. this was 3 years ago..
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anilsal
07-16 05:12 PM
That could explain why NSC never got the memo. Remember only EB I-485 is in question.
Isn't it the other way around?
Isn't it the other way around?
addsf345
11-17 04:48 PM
Students from India & China combined: almost 200K.
Looking at the retrogression, many of those may be potential future IV members!!!:rolleyes:
Looking at the retrogression, many of those may be potential future IV members!!!:rolleyes:
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pappu
12-01 09:57 PM
Thanks coopheal,
Just sent in $100 Transaction ID: 1HH11588973388432
C'mon folks, lets keep this drive alive!!! Tis the season to spend, what better way to invest, than on YOUR OWN FUTURE !!!!
Thank you very much.
Just sent in $100 Transaction ID: 1HH11588973388432
C'mon folks, lets keep this drive alive!!! Tis the season to spend, what better way to invest, than on YOUR OWN FUTURE !!!!
Thank you very much.
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gg_ny
10-20 07:31 AM
You need to file tranfer papers anyway when you move. That means you have new H1B approval, and thus a new stamp is required when you travel out.
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
more...
GCKarma
08-06 06:46 PM
Gurus,
I have LUD on my I-140 and its 07/13/2008.LUD of my I-485 is not changed at all.I have changed my employer and I have not applied AC-21.I'm in H1B.
Should I worry about my previous employer revoking my I-140.Please help me out.Should I call USICS to know whether they have revoked my I-140?
My I-140 was approved on July 2006 and I applied I-485 on July 2 2007 and I changed
my employer after 180 days.
LUD on I-485 is Aug 2007
Thanks a lot
I have LUD on my I-140 and its 07/13/2008.LUD of my I-485 is not changed at all.I have changed my employer and I have not applied AC-21.I'm in H1B.
Should I worry about my previous employer revoking my I-140.Please help me out.Should I call USICS to know whether they have revoked my I-140?
My I-140 was approved on July 2006 and I applied I-485 on July 2 2007 and I changed
my employer after 180 days.
LUD on I-485 is Aug 2007
Thanks a lot
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sid_das
04-21 06:34 PM
hey starscream
- What was the RFE about?
In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.
- Are you employed by a consultant or employed full-time at a company's location?
I am employed by a desi consulting company.. and i have been in a job continously since jan 2006
- Did your employer have any profit isseus / layoffs reecently?
No
- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.
Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...
its driving me crazy....:(
- What was the RFE about?
In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.
- Are you employed by a consultant or employed full-time at a company's location?
I am employed by a desi consulting company.. and i have been in a job continously since jan 2006
- Did your employer have any profit isseus / layoffs reecently?
No
- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.
Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...
its driving me crazy....:(
more...
tabletpc
08-20 12:03 PM
I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.
Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.
But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????
Any words of wisdom�.
Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.
Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.
But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????
Any words of wisdom�.
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linuxra
09-28 07:54 PM
Before i present my RFE I will explaing My GC:
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
immigration forms by phone at 1-800-870-3676.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
I did masters and worked on OPT for sometime with Company A and they applied H1B,
still working for Company A as H1B as Senoir Programmer ANalyst.
At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
PD=jan 2006
Still working with H1B from COmpany A
I never worked for Company B and it no longer exists...
Company A recently merged with ANother Company X
I recently got an RFE How do i respond PLease help me:
Below are the details
Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
and information are available online from the official Service website: USCIS Home Page (http://www.uscis.gov). You may also ordcr
immigration forms by phone at 1-800-870-3676.
Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
should include, but is not limited to:
Clear copies ofIRS Form W -2 wage and tax statcmcnts;
Pay vouchers;
Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);
Any additional documentation which confirms your employment history.
You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
duties and position in the organization, your proffered position, if different from your current position, the date
you began employment and the offered salary or wage. This letter must be in the original and signed by an
executive or officer of the organization who is authorized to make or confirm an offer of permanent
employment. The letter must also indicate whether the terms and conditions of your employment-based visa
petition or labor certification continue to exist.
If you have changed employers since filing your application for adjustment of status, please submit a statement
which lists the names and locations of all employers you have had in the US and the beginning and end dates of
each position unless these have been included on Form G-325A.
Nebraska
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tabletpc
03-18 01:40 PM
rrk,
you ned to be more specific about your situation in order for us to give our 2 cents.
1. Did you get EAD thru your spouse...???
2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.
you ned to be more specific about your situation in order for us to give our 2 cents.
1. Did you get EAD thru your spouse...???
2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.
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shana04
03-08 12:23 PM
My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
Congrats
By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:
I was about to contact the state senator today, but early today morning we got our CPO emails.
My case is pretty straight forward:
Processing center: NSC
PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
I-485: July 07 filer
RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
Approval: Today (March 8th 2010)
Congrats
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walker15
03-16 11:41 AM
Try www.gowda.com.
I utilized this firm for GC and I was very much satisfied.
You should act quickly.
All the best
I utilized this firm for GC and I was very much satisfied.
You should act quickly.
All the best
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MatsP
March 24th, 2005, 04:06 AM
Another thought might be that the contacts on the lens isn't clean (or some other reason not making full contact).
Or just simply that the camera is broken. Have you spoken to Nikon or the shop where you bought the camera?
--
Mats
Or just simply that the camera is broken. Have you spoken to Nikon or the shop where you bought the camera?
--
Mats
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axp817
05-15 08:27 PM
The way things are looking right now, you will probably get US citizenship before Eb2 Feb'06 becomes current.
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rick_rajvanshi
08-29 12:56 PM
I am kind of thinking of getting a template kind of system where in members can involve and put in their thoughts and once an article ( of some interest) reaches to a final stage and gets approved by the majority it would be forwarded to the news papers / Journals.
I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.
Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.
This is a process that has to evolve and please do not have expectations as to see results right away.
However, if some one is ready to take the lead.... Please take over...
First thing we should do is to highlight our issues on our own website ( IV.org ). At this moment we are not even doing that. For example, today's "Processing date bulletin" which came out exactly 15 days late and that too with dates traveling back in time should be highlighted first on our own web site.
IV home page has not been updated for past 3 months or so.
Why not put these kind of painful headlines on our home page first big , bold highlighted ( eg "USCIS screws immigrants again with latest visa bulletin" ) and then dedicate few lines to it with proper links to last month's and current bulletin.
Now forward these links to news hungry journalist who will automatically investigate and write in their papers and journals.
Dedicate few inches of space for today's IV headlines on our home page first.
I am not sure how much time it takes, but let me try out crystallizing the thoughts towards this end.
Would be great, if few people can join me in this endeavor. PM folks/writers who wish to involve themselves in this process.
This is a process that has to evolve and please do not have expectations as to see results right away.
However, if some one is ready to take the lead.... Please take over...
First thing we should do is to highlight our issues on our own website ( IV.org ). At this moment we are not even doing that. For example, today's "Processing date bulletin" which came out exactly 15 days late and that too with dates traveling back in time should be highlighted first on our own web site.
IV home page has not been updated for past 3 months or so.
Why not put these kind of painful headlines on our home page first big , bold highlighted ( eg "USCIS screws immigrants again with latest visa bulletin" ) and then dedicate few lines to it with proper links to last month's and current bulletin.
Now forward these links to news hungry journalist who will automatically investigate and write in their papers and journals.
Dedicate few inches of space for today's IV headlines on our home page first.
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kadarm
05-12 03:13 PM
We went to India last year. No issues. No need of transit visa. The German consulate letter says the same.
matreen
08-27 09:43 AM
If university is not accredited with ABET, USCIS won't accept this masters for EB2?
I believe there are lots of other universties are not accredited with ABET and and who have done their masters from these universities they are getting EB2 approvals?
Thanks,
Matt
.....and none of the accredited universities give you admission to MS unless you have bachelor's degree, and most of the online MS degrees are not from ABET accredited universities, please get all the information about the degree before you pay any FEE:o
I believe there are lots of other universties are not accredited with ABET and and who have done their masters from these universities they are getting EB2 approvals?
Thanks,
Matt
.....and none of the accredited universities give you admission to MS unless you have bachelor's degree, and most of the online MS degrees are not from ABET accredited universities, please get all the information about the degree before you pay any FEE:o
kaisersose
07-18 03:26 PM
1. Can we use AC21 provision without EAD card ?
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
1. Can we use AC21 provision without EAD card ?
Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.
3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?
Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
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