Saturday, June 11, 2011

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  • add78
    03-20 10:01 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

    Frankly, I am surprised to see such a question from someone with so many posts.
    If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
    Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).





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  • angelfire76
    05-31 06:10 PM
    If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.

    Obtaining Green cards (or permanent resident stamps in the passport) at the port of entry if you had a degree in medicine or engineering and a job offer from an American company. Of course the total population of Indians in the US even until the late 80s was about 900 thousand. Only when the tech boom started in 1993-94 did immigration especially from India go up rapidly.
    Also unlike now, a H1B was strictly for 6 years, no extensions until you spent 1 year outside the country and came in on a fresh petition.





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  • glus
    03-28 08:36 AM
    That happened to me too. My new I94 was valid from the approval date, and not the one we asked for. No, you were not out of status as your H1 extension was pending. You should not have issues with it.





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  • paragpujara
    04-09 02:32 PM
    looks like something is cooking at the backside of the door

    http://news.monstersandcritics.com/usa/news/article_1289067.php/Bush_relaunches_push_for_immigration_reform

    http://www.chron.com/disp/story.mpl/ap/tx/4699140.html

    http://www.abcnews.go.com/Politics/wireStory?id=3023023&page=1

    Bush is hopeful for a legislative compromise by August.

    Let's hope for the best.:p



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  • EB3_SEP04
    01-29 03:43 PM
    USCIS might be processing the applications in the order of recipt date
    (need not adjudicate the application which is based on priority date)

    So, i think USCIS can process applications without priority date being current.

    I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
    That's my guess, I have not seen their SOP (std operating procedure).





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  • gc_dream07
    08-11 12:36 PM
    PD : March 2006
    RD : July 2, 2007



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  • vin13
    12-08 04:56 PM
    Hi!

    I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)

    I am leaving many opportunities just to be with my sponsor for this six months!

    Please guide.

    Thanks,

    Raj

    The lawyers usually advise you to stay with the company for 6 months if you can. In your case, the employer is not willing to pay. So do you really have a choice here?

    It may be easier to convince the officer that you moved on to another job (maybe similar kind) rather than having a situation where the sponsoring employer was not willing to pay.

    When you are trying to make such important decisions, do not just rely on responses from blogs/forum. Consult a immigration lawyer for a few hundred dollars.





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  • maximus777
    12-09 03:09 PM
    in this environment where jobless rate is pushing 10%, i.e., one in ten Americans is without a job! Not trying to be negative here, just reconciling with the present reality and trying to re-adjust my expectations. Just have to hope that the economy picks up steam next year and optimism returns.



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  • BharatPremi
    03-18 01:44 PM
    what is GC sponser?

    Amazing... Do you really have an EAD?





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  • lkapildev
    02-07 08:28 PM
    YOu will get your GC. I'm positive. For me all my docs like AP, EAD etc had same status and i got the physical card and ap.



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  • boreal
    01-05 01:36 PM
    Folks
    Is anyone has done adjustment of status from B2 to H1.

    My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.

    Thanks

    This is very risky, if not done correctly.

    Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.

    Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.





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  • martinvisalaw
    06-29 10:30 AM
    Thank you so much Elaine for your quick response..

    So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..

    Your H-1B stays valid for as long as it is approved, even if you enter using AP.



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  • PresidentO
    02-07 12:37 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.





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  • bkarnik
    03-04 06:58 PM
    It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf



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  • shantanup
    10-12 07:59 AM
    Even I recieved 2 copies each of FP notices for me and my wife. I don't know if my lawyer got one, if any.





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  • gconmymind
    08-19 03:11 PM
    I will be in similar position if I get RFE for this. I guess all you can do is provide what you have and an explanation. Hopefully it should not be that big of an issue.



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  • JunRN
    12-17 06:57 PM
    Almost always, AC21 can trigger an RFE or interview. There's always a risk in filing AC21. First, your new employment may not match your LC therefore your GC will be denied. Second, the new employer is banned by USCIS and that is not in your knowledge. Lastly, AC21 rule may change anytime because the standing rule is just a memo from previous USCIS chief. If that changes and you're in the middle of it, you might find yourself ineligible.

    If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.





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  • indyanguy
    06-29 07:28 PM
    Thanks for the reply. Here's why it becomes more complicated. I asked my attorney about starting a new EB2 process (I have a MS from US). However, the attorney says he doesn't recommend starting a new PERM process as he strongly believes that this will affect the current EB3 I-140 application. He feels that USCIS will look at the ongoing EB3 application and deem it unnecessary to approve it (as I would have applied for a different position for EB2). Hence I might lose my PD !!

    He suggests that I wait till my EB I-140 is approved. But that might take another year considering the slow NSC processing times!!

    Any suggestions?





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  • satish_hello
    09-11 02:08 PM
    My case is transfered to from NSC to CSC on 09/07, California Service center.

    I live in california, and my employer too in California.

    Do you guys know the Fate of CSC transfred people like us.Will they transfer back to NSC..

    Do you huys know any future cases like this wht we have current situation.

    Regards
    -satish
    ----------------------------------------------
    EB2/PD-Sept'2004/I-140 approved @NSC ---> CSC
    I-485 - Delivered july6th at NSC
    CheckCashed-yes
    RD - yes
    ND-yes
    FP- not yet,
    EAD-Not yet
    AD -?





    sku
    12-31 12:43 AM
    Bump





    andy garcia
    07-18 04:21 PM
    Anyone got a working link for this? I had at one point, but now I can't seem to find.


    CIS AFM (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2)



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