gapala
02-09 09:54 AM
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This may not fly because, both are considered different legal entities. The time that you have worked for A from Oct 05 to Aug 06 till the date H1B Transfer was filed from C to A, your employment will be considered unauthorized.
You need to immediately contact a good lawyer to evaluate your situation and options. I am sure they will find a way out.
Your case is slightly different than working for multiple employers while on H1B.
You can have multiple H1B's and work for multiple employers, given one of them is primary full time employment. This is perfectly legal and one of my friend has gone through this situation during his GC process. He did get an RFE and provided the details of both employments to CIS and they eventually approved his case. This was in 2004 though.
This may not fly because, both are considered different legal entities. The time that you have worked for A from Oct 05 to Aug 06 till the date H1B Transfer was filed from C to A, your employment will be considered unauthorized.
You need to immediately contact a good lawyer to evaluate your situation and options. I am sure they will find a way out.
Your case is slightly different than working for multiple employers while on H1B.
You can have multiple H1B's and work for multiple employers, given one of them is primary full time employment. This is perfectly legal and one of my friend has gone through this situation during his GC process. He did get an RFE and provided the details of both employments to CIS and they eventually approved his case. This was in 2004 though.
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raysaikat
07-31 10:08 PM
Hello All,
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
Permanent residency in United States has no jurisdiction over Australia. That should have been obvious.
In any case, once the I/O at the Sydney airport stamped the australian VISA, it has in effect been canceled, in the sense that you cannot use that VISA to reenter Australia. If you want to go to India (for that matter, anywhere outside Australia), and then you need to get Australian VISA again in order to reenter Australia.
So, go to India, book VISA appointment at Australian Consulate near your place in India, get another Australian VISA, and then return to Australia.
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
Permanent residency in United States has no jurisdiction over Australia. That should have been obvious.
In any case, once the I/O at the Sydney airport stamped the australian VISA, it has in effect been canceled, in the sense that you cannot use that VISA to reenter Australia. If you want to go to India (for that matter, anywhere outside Australia), and then you need to get Australian VISA again in order to reenter Australia.
So, go to India, book VISA appointment at Australian Consulate near your place in India, get another Australian VISA, and then return to Australia.
sukhmeet
05-11 02:08 AM
Hi,
My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.
Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.
So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.
So in Summary
Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).
Here are some of the benefits my company provides to its employees:
1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
2. Employer contribution to 401 K.
3. Payed Vacations, sick and personal leaves
4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
5. Tutions and certification reimbursements.
We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.
My concerns:
My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:
a. Filing h1b extensionfor first time is a problem? can there be concerns?
b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?
c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
h1b extension.
d. Shall we file for my extension asap ?
I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.
Any comments would be greatly appreciated.
Regards.
My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.
Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.
So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.
So in Summary
Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).
Here are some of the benefits my company provides to its employees:
1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
2. Employer contribution to 401 K.
3. Payed Vacations, sick and personal leaves
4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
5. Tutions and certification reimbursements.
We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.
My concerns:
My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:
a. Filing h1b extensionfor first time is a problem? can there be concerns?
b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?
c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
h1b extension.
d. Shall we file for my extension asap ?
I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.
Any comments would be greatly appreciated.
Regards.
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spicy_guy
04-23 02:25 PM
Good news finally?
Obama presses for immigration reform - latimes.com (http://www.latimes.com/news/nationworld/nation/wire/sns-dc-obama-immigration,0,6471381.story)
Obama presses for immigration reform - latimes.com (http://www.latimes.com/news/nationworld/nation/wire/sns-dc-obama-immigration,0,6471381.story)
more...
waitingmygc
04-19 12:44 PM
@waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.
@OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!
sledge_hammer,
I like people like you for criticizing the post without any reason.
If you could have read the post carefully, it has been mentioned that if anyone has all the proper LCA and his/her employer is consulting company then no need to worry.
I know lot of my friends got GC last year through consulting companies and worked in past where client location different than employer location. Moreover, couple of them got same RFE and they responded it by mentioning client location they worked for their employer (IT consulting company) and keeping all the previous LCA ready in case. I hope it will help those in same situation.
@OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!
sledge_hammer,
I like people like you for criticizing the post without any reason.
If you could have read the post carefully, it has been mentioned that if anyone has all the proper LCA and his/her employer is consulting company then no need to worry.
I know lot of my friends got GC last year through consulting companies and worked in past where client location different than employer location. Moreover, couple of them got same RFE and they responded it by mentioning client location they worked for their employer (IT consulting company) and keeping all the previous LCA ready in case. I hope it will help those in same situation.
ilseggs
09-04 03:09 PM
I have just finished my first year @ UCLA and I had absolutely no financial aid because I did not know anything about my status and when I read on fafsa about "parole" I thought it was a completely different category under which I was ineligible. My i-485 has been pending for 3 years now, with no sign of going anywhere yet :*(This year, I did not apply for FAFSA and I was forced to leave my amazing school and head to community college. I had searched and searched everywhere for information and I really did finally give up and thought to myself, " I guess I cannot receive any financial and am going to have to wait for my green card in community college."
I just wanted to say thank you thank you thank you!! From the bottom of my heart, I am sooo grateful to have found this site seredipitously!!!!!
I just pulled up the advance parole application and will complete it ASAP~!!!!!!!
I feel like the greatest burden has been lifted from my shoulder!
Again, THANK YOU!
edit: I know this thread is a little past, but I was wondering if anyone could tell me; does this mean I have to travel out of the country to get my I-94 stamped?
I just wanted to say thank you thank you thank you!! From the bottom of my heart, I am sooo grateful to have found this site seredipitously!!!!!
I just pulled up the advance parole application and will complete it ASAP~!!!!!!!
I feel like the greatest burden has been lifted from my shoulder!
Again, THANK YOU!
edit: I know this thread is a little past, but I was wondering if anyone could tell me; does this mean I have to travel out of the country to get my I-94 stamped?
more...
windycloud
09-29 04:05 PM
EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.
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Nakano
05-13 05:12 PM
Hi Ruban,
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
more...
lostinbeta
10-05 03:50 AM
Nice image:) How long have you been using 3dsmax?
Not to put down your footer, but it does look very simple to make. It is just the concept of it that makes it very cool.
Not to put down your footer, but it does look very simple to make. It is just the concept of it that makes it very cool.
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walking_dude
06-22 11:05 PM
Tennesseans, I have moved into Nashville suburbs from Detroit. I have the experience of leading MI chapter for sometime (through the critical juncture of MI DL denying DLs to temporary residents).
I can definitely organize folks from around Nashville. I can also help guys from Knoxville, Memphis etc. form local chapters there if there is any interest in being active part of the IV movement.
Interested in you meeting you all and helping IV from Tennessee.
any motivated members can take up the challenge of coordinating activities and leading efforts. let me know if anyone is interested!
I can definitely organize folks from around Nashville. I can also help guys from Knoxville, Memphis etc. form local chapters there if there is any interest in being active part of the IV movement.
Interested in you meeting you all and helping IV from Tennessee.
any motivated members can take up the challenge of coordinating activities and leading efforts. let me know if anyone is interested!
more...
injrav
09-09 07:57 AM
Hi Friend
welcome to Immigration voice
Please take some time to go through each and every post, it will give clear idea what IV is planning to do.
Thanks
welcome to Immigration voice
Please take some time to go through each and every post, it will give clear idea what IV is planning to do.
Thanks
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rique71
05-17 02:43 PM
i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.
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veereddy
07-14 12:25 PM
We traveled thru Frankfurt last September, no need of transit visa, no issues, everything was smooth.
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makino_a55
01-29 10:06 PM
Cases filed in the so called 245 -i
do they have to go the same procedure like any other employement category???
i mean , 1. get labour approved by state and fed ,
2. get 140 approval ,
3.file I-485 get approval and then do they get their GC.
My question is if they have to go through all this process and if their labours are still stuck at Back log centers then there is no point in stopping the PD's
at all , no one knows for sure when the labours will get cleared , I-140's cleared etc., for the 245-i cases.
if they have to go through all the above i feel that the pD's will move ahead for some time and move back again.
a big mistake in the justification /estimation BY DOL to stop pds , if the 245-i cases have to go through the same procedure as employement cases.
Any thougths /opnions???????
do they have to go the same procedure like any other employement category???
i mean , 1. get labour approved by state and fed ,
2. get 140 approval ,
3.file I-485 get approval and then do they get their GC.
My question is if they have to go through all this process and if their labours are still stuck at Back log centers then there is no point in stopping the PD's
at all , no one knows for sure when the labours will get cleared , I-140's cleared etc., for the 245-i cases.
if they have to go through all the above i feel that the pD's will move ahead for some time and move back again.
a big mistake in the justification /estimation BY DOL to stop pds , if the 245-i cases have to go through the same procedure as employement cases.
Any thougths /opnions???????
more...
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ss777
02-12 06:54 AM
Is your I-140 at TSC? Do you have any other I-140 or I-485 pending/Approved at TSC? They may be trying to consolidate all the cases.
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vikki76
02-13 12:45 AM
MS+0 works fine for EB2. Couple of my friends have got GC through this qualification only.They were B.Tech Computer Science + Master Computer Science (US)
more...
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calboy78
08-10 07:16 PM
Sorry, I did not phrase it properly. Apologize.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.
I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.
Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!
The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
What I was trying to emphasize is - Many a times (not always) employers don't create job position with proper requirement and that causes employee to go in EB3.
I was hired for a position that required Masters and I fortunately was in EB2, but a colleague of mine, who is doing the similar work, was put in EB3 because his manager created the position with a requirement of Bachelors. He had a Master's degree. Here employee suffered because of his manager's ignorance however USCIS is messing up on top of that. EB3 is an umbrella category for many kind of workers...including those who don't even require a Bachelor's. Probably those people should be in a new category EB4 ...at least this will help EB3 with Bachelor's degree move forward.
Another thing is - Some people (not in this particular thread) don't care much about EB3 people and some are even thinking of filing lawsuit against interfile (so that people can't switch from EB3 to EB2). IMHO, these people need to change their opinion. If we fight among ourselves instead of against bad laws, we will be doomed. United we stand, divided we fall !!
The bottom line is - we are aware of the problems; we just need to support IV to fight against these problems.
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chanduv23
10-19 01:12 PM
I am from Long Island. I am a name check victim. What can we do? Where and when can we gather?
I have been looking for some help in mobilization in your area - lets discuss this offline.
Send me your contact details and time to contact as a private message and we can discuss further steps.
I have been looking for some help in mobilization in your area - lets discuss this offline.
Send me your contact details and time to contact as a private message and we can discuss further steps.
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FinalGC
09-22 10:22 AM
dude:
Go and find another job in the another company......
Go and find another job in the another company......
perm2gc
11-05 02:31 AM
Guys,
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
You cannot apply for transfer your present H1 to new employer...The kind of documentation required will not available with you at this time..so filing for a new H1 is very good option...
Good Luck !!!
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
You cannot apply for transfer your present H1 to new employer...The kind of documentation required will not available with you at this time..so filing for a new H1 is very good option...
Good Luck !!!
PD_Dec2002
07-10 12:15 PM
Even one of your reputed member (Rajiv Khanna @ immigration.com) posted in his website that chance of winning the law suit is very minimum.
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
He posted in his website as follows: "Please note folks, I don�t think this class will be easily approved by courts. CIS could argue a lot of things against it, which I don�t wish to publish in an open forum."
Corrections.
1. RK is no longer a member of AILA.
2. Also, in this specific quote, RK is not talking about the outcome of the law suit. He's only talking about the chance of the court accepting the defined "class".
On a separate note, RK has mentioned on several occasions, winning the lawsuit is a long shot. You can even hear his recorded conference call from last week.
Thanks,
Jayant
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