wandmaker
02-25 01:34 AM
Dear friends,
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
Thanks a lot for your time. I appreciate your help in this regard.
File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.
I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.
I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
My question is :
1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.
2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.
3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.
Thanks a lot for your time. I appreciate your help in this regard.
File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.
tonyHK12
12-09 11:32 AM
The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.
Tax cuts will expire automatically end of 2010, meaning everyones bi-weekly paycheck would get cut 50-100 bucks if nothing happens
Tax cuts will expire automatically end of 2010, meaning everyones bi-weekly paycheck would get cut 50-100 bucks if nothing happens
satish_hello
10-13 02:11 PM
Same here i got my EAD and AP, no FP yet..
-satish
-satish
abd
08-24 11:28 AM
Name: ABD
City/State: NJ
Question: My Company applied RIR EB3 labor for me in June 2004. It is stuck in backlog at PBEC. Meanwhile my company also filed new EB2 PERM (Without using old priority date) in March2006. This got approved and I-140 has been filed for it. Is it possible for me to use the priority date of June 2004 for EB2 case? Assuming the backlog labor gets approved.
Thanks in advance.
City/State: NJ
Question: My Company applied RIR EB3 labor for me in June 2004. It is stuck in backlog at PBEC. Meanwhile my company also filed new EB2 PERM (Without using old priority date) in March2006. This got approved and I-140 has been filed for it. Is it possible for me to use the priority date of June 2004 for EB2 case? Assuming the backlog labor gets approved.
Thanks in advance.
more...
willwin
05-14 12:39 PM
I'm not sure what made you decide for CP. There maybe valid reasons or you maybe misguided.
I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.
I was misguided.
But what about people with PD as early as 2002/2003? Or do we not have anyone with PD 2002/2003 who are pursuing CP?
I assume there could be 10 to 15% CP filers out of total, say, 400K pending 485 cases. So, between 40 to 50k CP filers. Not sure how many out of this would be India/China. Is this number not big enough for asking for some admin fix?
I know EAD is not for CP filers today. I also believe EAD is one of the things that USCIS can issue with an admin fix.
If DOS/USCIS know very well that this retrogression is gonna be there for the next 5-10 years and EB3 I have to wait for 10-15 years, does it not make sense to ask for a relief like EAD for CP filers?
I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.
I was misguided.
But what about people with PD as early as 2002/2003? Or do we not have anyone with PD 2002/2003 who are pursuing CP?
I assume there could be 10 to 15% CP filers out of total, say, 400K pending 485 cases. So, between 40 to 50k CP filers. Not sure how many out of this would be India/China. Is this number not big enough for asking for some admin fix?
I know EAD is not for CP filers today. I also believe EAD is one of the things that USCIS can issue with an admin fix.
If DOS/USCIS know very well that this retrogression is gonna be there for the next 5-10 years and EB3 I have to wait for 10-15 years, does it not make sense to ask for a relief like EAD for CP filers?
nsrinivas
09-30 11:33 PM
I think was just in anxiety !!!. My wife recieved FP notice around 5 days after I recieved. We both have appointment on same day and same time.
So bottom line even though it is frustrating , I think the best solution is to just wait :)
So bottom line even though it is frustrating , I think the best solution is to just wait :)
more...
singhsa3
11-04 08:11 PM
Check your private msg
Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.
Singhsa, I know. At this point, I am looking for alternatives. Please let me know if you have seen such experiences and what USCIS has done in such cases.
waitingnwaiting
11-29 10:22 AM
This is where our problem lies. People once they are greened completely forget the troubles and "never ever" look back. Many of us (either directly or as dependents) have been greened and have reached very high positions but never feel the need to help out. I am wondering whether it is because we have failed to ask their help??
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
First people who do not have greencard should support.
Right now we do not even have 1% of those people part of IV
Instead on focussing on senators and congressmen/women (which IV members are already doing) would it be worthwile to prepare a list of influential (political, business, scientists) immigrants (particularly chinese and Indians) and then getting their help/input to our cause??
First people who do not have greencard should support.
Right now we do not even have 1% of those people part of IV
more...
mjdup
11-17 03:00 PM
Welcome to the club achi goro :)
This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.
good luck,
This whole forum started because of retrogression so to answer your question - you may not be able to file 485 because of unavailable visa numbers. Your attorney should know this, your PD is the day when you filed your labor.
good luck,
bestia
07-17 02:48 AM
cover letter doesn't matter. they don't want it, more over you made officer read extra page of stuff... :) creating backlogs :)
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funny
09-30 05:57 PM
Here it is -
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
So this new system will be in place on oct 29th 2008.. Lets hope that USCIS has been wrong all along in providing correct information to DHS.:D
http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=090000648072c5eb
So this new system will be in place on oct 29th 2008.. Lets hope that USCIS has been wrong all along in providing correct information to DHS.:D
kumaabh
02-06 03:08 PM
Ask your company to demote you to developer position once u get ur green card. GC is for a future job position.
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summitpointe
04-27 02:24 PM
Six years in US complete
I-140 approved
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of money spent on H1B Extension and stamping
Sick with the current employer
Don't want my employer to take lot of money in between. Can we switch employer and file a new H1B with new employer.
Do you guys think the retrogression will end soon? frustration everyday.
I-140 approved
Not able to file I-485 because of retrogression
Wife not able to work
Moving around for jobs with family
Cheating Employer
Frustation with H1B Extension and stamping
Not able to Plan to go to India because of Interview dates
Not able to plan on good school Child's education
Not able to spend more money on good health insurance
Lot of money spent on H1B Extension and stamping
Sick with the current employer
Don't want my employer to take lot of money in between. Can we switch employer and file a new H1B with new employer.
Do you guys think the retrogression will end soon? frustration everyday.
goel_ar
12-20 11:39 AM
^^^^
more...
java06
03-09 11:23 AM
Is there a way to find out if the employer has revoked I-140? I have changed employers in Feb and my I1-40 was approved back in June. There was an update on my I-140 recently in Mar. I was wondering what could that be for?
Can anyone throw some light on this. Thanks
Can anyone throw some light on this. Thanks
gc_aspirant_prasad
07-13 05:24 PM
done
more...
h1techSlave
10-14 04:29 PM
This bill should be supported by all EB categories. 50,000 visas per year is significant.
gauravsh
05-04 01:23 PM
:) when you are in India, you are NOT on H1B status.
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Thank you sir!!
So there is nothing to stop you to work from home in India, for 5 months or 5 years :)
The paystubs during this period is also irrelevant to USCIS regarding proof of maintaining H1 status, since you were NOT. What they care at your re-entry in H1B will be existence of valid employment in USA at that time, and proof regarding this.
So you can apply for H1 extension, get it approved, go to India, work from there for any length, return to USA based on your H1B (it has to be valid when you return, plus you may need a valid visa stamp in your passport). There are no issues.
But be careful if you have a pending 485 petition. Long stays outside of USA can be interpreted as lack of immigration intent. You better have a good explanation if you stay outside of USA for lengthier periods, with 485 pending.
Thank you sir!!
raysaikat
07-12 02:47 PM
Hello All,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y from company X to be able to continue to work after Oct 2008? If so, do I need any paystubs from company X. What can be the start date on the offer letter from company X.
Please help. Your guidance is truly appreciated.
Regards
Swetha.
I believe that the I-94 attached to your I-797 (H1-B approval notice) will terminate your F1 status (OPT). In that case, from Oct 1, 2008, you must have an H1-B (or other work visa) to work for a company. Simply ask company Y to file for H1-B and attach your I-797 that you got from company X with it as a proof that you have been counted towards the quota.
The paystubs are needed as a proof of continuing employment in H1-B (i.e., proof of valid H1-B status). Since you have not yet started your H1-B, that is not required.
venky08
06-24 12:01 AM
even if in july bulletin the dates move back, think anyone can file till jul31st.
The applications will be valid as long as it is post marked before 31st july.
thanks dallasblue...these things were freaking me out...my family is in india and plan to come back on july first week...i just didnt want to apply on july 15th and then realize that the dates were retrogressed mid month...that would be a big deal...
these lawyer websites are posting that they can stop accepting applications mid month without even putting out any notices...i just wanted to ask someone if anybody have any known record of this thing happening in the past...i am still worried because of this what appears to be baseless fact...but since it comes from a lawyers website my doubt still remains...can someone please help me with some conclusive facts???:confused:
The applications will be valid as long as it is post marked before 31st july.
thanks dallasblue...these things were freaking me out...my family is in india and plan to come back on july first week...i just didnt want to apply on july 15th and then realize that the dates were retrogressed mid month...that would be a big deal...
these lawyer websites are posting that they can stop accepting applications mid month without even putting out any notices...i just wanted to ask someone if anybody have any known record of this thing happening in the past...i am still worried because of this what appears to be baseless fact...but since it comes from a lawyers website my doubt still remains...can someone please help me with some conclusive facts???:confused:
number30
03-27 04:45 PM
So what do I do.
I am looking to buy a SUBWAY franchise outright costing 200 K
What kind of green card you have applied for? What are you lookning to Do?
I am looking to buy a SUBWAY franchise outright costing 200 K
What kind of green card you have applied for? What are you lookning to Do?
