bluekayal
10-17 08:15 AM
thanks for clarifying.
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goel_ar
12-21 11:29 AM
Thanks for responding.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?
Anyways, I have an infopass appointment on Tuesday & see how it goes.
It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.
Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.
Thanks,
AG
Goel_ar,
Your manner of last entry is the status that you are currently on. Thats a fact.
This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.
Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.
Hope it helps.
ChainReaction
04-02 04:09 PM
If an RFE has been issues, it will show up on the USCIS case status website when you type in your receipt number.
Thanks a_yaja for UR reply :)
Thanks a_yaja for UR reply :)
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ChainReaction
06-25 08:42 AM
My I140 is pending at Texas Service center ,so i will be mailing my 485 at the address stated @ TSC I140 receipt notice.
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rbalaji5
02-09 04:12 PM
Hi Bojja,
Do I need a canadian visa to go to Canada.?.
Thnx.
Do I need a canadian visa to go to Canada.?.
Thnx.
EndlessWait
09-08 12:02 PM
so why complain.. ofcourse just kidding! , no pun intended
more...
bestia
07-17 03:12 AM
Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.
Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.
When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.
Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.
When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.
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god_bless_you
04-06 12:44 PM
As far i know you should have a valid H1 status or approved EAD to work and keep your status as valid.
Once you start working on EAD there may be gaps with next EAD approval.
Simply you will not claim working during that period but this is possible only after you start working on your first EAD.
simply if you do not have a valid H1 until you get EAD and claim working on EAD with your Employer by filling W4 forms etc. you will be out of status..
Please check with a attorney on this!!
Once you start working on EAD there may be gaps with next EAD approval.
Simply you will not claim working during that period but this is possible only after you start working on your first EAD.
simply if you do not have a valid H1 until you get EAD and claim working on EAD with your Employer by filling W4 forms etc. you will be out of status..
Please check with a attorney on this!!
more...
peer123
04-16 05:22 PM
Hi
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.
I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.
my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.
I will appreciate advise from any one who has gone through this similar situation.
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solaris27
10-15 01:46 PM
No you can't
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pcs
08-01 09:31 AM
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ss777
09-16 10:25 PM
I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.
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GoneSouth
04-17 06:42 PM
This is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
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willigetgc?
01-26 01:56 PM
CIR (aka mass amnesty) was not doable in the past, and is not now and wont be in future. They could not do it even when democratic party was in power in congress (high tide of democratic party). It is impossible now with GOP in control.
It si pure lip seervice by Sen Reid
If this bill was introduced, we need to meet with lawmaker offices and put pressure on them. Our responsibility is to do our part and leave the outcome to prayers, But not even trying should not be an option. What are we going to loose?
It si pure lip seervice by Sen Reid
If this bill was introduced, we need to meet with lawmaker offices and put pressure on them. Our responsibility is to do our part and leave the outcome to prayers, But not even trying should not be an option. What are we going to loose?
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tiger05
03-01 11:41 PM
Thanks for you valuable information.
My last entry was on Mar 2008. So as per your reply, even if i have less pay on my W2 for 2006 it wont effect my H1 transfer?
Kindly reply
Thanks
Tiger
My last entry was on Mar 2008. So as per your reply, even if i have less pay on my W2 for 2006 it wont effect my H1 transfer?
Kindly reply
Thanks
Tiger
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ashkam
06-25 11:35 AM
The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.
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NKR
10-28 02:27 PM
This is the first time I came across.
Yep, when I asked God for GC, he gave me USCIS...
Yep, when I asked God for GC, he gave me USCIS...
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saileshdude
12-03 03:13 PM
Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?
I would not recommend , in fact I would say DO NOT even attempt to thing about these benefits while your AOS is still pending.
I would not recommend , in fact I would say DO NOT even attempt to thing about these benefits while your AOS is still pending.
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swamy
11-27 04:08 PM
The moment one loses a job - technically the H1 status is lost. You can continue to stay here and look for a job under the Attorney General's authorization (AoS pending i.e) but USCIS is apparently counting it against the 180 days out of status that one can be for 245(k) purposes. So, as someone already said, if your approved 140 isn't revoked within 180 days and your 485 isn't adjudicated as well, you are ok. You may want to find a job soon though so you don't have trouble transferring your H1 or you may have to begin using your EAD and AP for travel etc
austingc
12-24 10:25 PM
Please advise urgently.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
Sorry to hear about your I-140 denial. Can you tell us why it was denied?
1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
Sorry to hear about your I-140 denial. Can you tell us why it was denied?
1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.
neverbefore
05-12 01:53 AM
Folks
Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story (http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/)) are becoming more the norm rather than the exception. Any ideas?
Should then one consider using their AP instead?
Cheers.
neverbefore
Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story (http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/)) are becoming more the norm rather than the exception. Any ideas?
Should then one consider using their AP instead?
Cheers.
neverbefore
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