sushilup
12-09 04:55 PM
Thanx nk2
There should be no problem. I have gone there before and going again now next week for H1 stamping and plan to take my personal car. I have Canadian PR though, but I don't think it should matter.
There should be no problem. I have gone there before and going again now next week for H1 stamping and plan to take my personal car. I have Canadian PR though, but I don't think it should matter.
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determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
pritesh80
02-06 03:44 PM
Super!! Thanks for your quick response
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deardar
04-20 11:33 AM
I already have 3 yr approval Notice with me.
Would it not be enuf for me to transfer my H1 to a new company ?
Would it not be enuf for me to transfer my H1 to a new company ?
more...
baburob2
09-08 07:38 PM
that shouldn't be any issue. She would be admitted at POE. However if she has filed for H4 extension and if the H4 extension is pending when she enters into US, the H4 extension will be considered abandonded and will be asked to go to consulate for stamping before her I-94 expires and can't use the approved H4 extension's I-94. check with yuour attorney on it.
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aachoo
03-20 12:22 AM
Well a company can be sued for any reason. I do not control the day to day activity apart from IT stuff.
My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.
(No I am not talking about a body shop and this is a small financial firm)
Usually owners are not liable when it is a corporation you are talking about. That is the whole point of being a limited liability company. Separating ownership from management is another key difference from a Proprietorship and a Corporation. Management maybe liable if they commit fraud. Think when Enron went under, the shareholders were hosed. They did not get dragged to court. The execs did.
-a
My question specifically, if the company is sued, since I am a minority owner will I have to do rounds in the court appear before a judge etc..will I be summoned! Or only the executives majority shareholders are summoned.
(No I am not talking about a body shop and this is a small financial firm)
Usually owners are not liable when it is a corporation you are talking about. That is the whole point of being a limited liability company. Separating ownership from management is another key difference from a Proprietorship and a Corporation. Management maybe liable if they commit fraud. Think when Enron went under, the shareholders were hosed. They did not get dragged to court. The execs did.
-a
more...
gcadream
05-02 09:06 PM
Can somebody please throw some light on this issue.
I have an approved H1extn till 2013 but I had moved to the new location and new project since then but I don't have a new LCA. And now when I'm planing to go to india and appear for visa stamping I don't have the new LCA for my current location.
When I asked my lawyer, she said that I need to apply for fresh H1 extn. This doesn't make sense to me, Can I only get new LCA for my new project location ?
Do I need to get my H1B amended with this change ?
Please help me on this ...
Waiting to hear back ASAP.
Thanks in advance
I have an approved H1extn till 2013 but I had moved to the new location and new project since then but I don't have a new LCA. And now when I'm planing to go to india and appear for visa stamping I don't have the new LCA for my current location.
When I asked my lawyer, she said that I need to apply for fresh H1 extn. This doesn't make sense to me, Can I only get new LCA for my new project location ?
Do I need to get my H1B amended with this change ?
Please help me on this ...
Waiting to hear back ASAP.
Thanks in advance
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sangmami
09-20 11:16 AM
Hi,
I know that many of us have this travel q in mind about after 485 appl travel.1..is it risk free to travel after ur 485 app(ofcourse after u get the receipt notice)but without advance parole if u have ur h1b stamped .
2...shud there be any issue at the poe regarding absent ap with pending i 485 appl?
3..can some1 be denied entry based on the above facts>?
Thanks
I know that many of us have this travel q in mind about after 485 appl travel.1..is it risk free to travel after ur 485 app(ofcourse after u get the receipt notice)but without advance parole if u have ur h1b stamped .
2...shud there be any issue at the poe regarding absent ap with pending i 485 appl?
3..can some1 be denied entry based on the above facts>?
Thanks
more...
npk1255
10-04 10:55 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
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nk2
12-09 03:13 PM
Hello Guys,
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
There should be no problem. I have gone there before and going again now next week for H1 stamping and plan to take my personal car. I have Canadian PR though, but I don't think it should matter.
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
There should be no problem. I have gone there before and going again now next week for H1 stamping and plan to take my personal car. I have Canadian PR though, but I don't think it should matter.
more...
sathweb
07-12 08:15 AM
This USCIS fiasco seems to have more twists than Anna Nicole Smith case.
Here is new father of the fiasco:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
Here is new father of the fiasco:
http://www.immigration-law.com/
07/12/2007: Truth to Rumor of Resrictionist Senators Having Influenced USCIS Decision of July 2007 EB New Filing
There is an unconfirmed source of information that a couple of restrictionist U.S. Senators influenced the USCIS decision to reject July applications for their alleged fear that since July 2007 Visa Bulletin would open a flood gate of hundreds of thousands of 485 applications, the public might take it as the government giving out a sort of "amnesty" to these floods of people. We hope that there is no truth to such rumor. However, if it is true, it is indeed shocking that individual legislators could interfere with the government process on "personal" basis and without the formal legislative process of public notice and participation. We urge the U.S. Senate to get to the bottom of this rumor and take appropriate action for correction under the Senate rules.
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kirupa
04-08 05:37 PM
The MS Office and Apple stamps had some modification done to them. Correct me if I am wrong, but it just seems as though you pasted the band's logo into a black background.
I'll add the first, second, fourth, and fifth logos to the site though :)
I'll add the first, second, fourth, and fifth logos to the site though :)
more...
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afp
02-25 01:50 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
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royus77
04-23 06:21 PM
I was laid off by my employer( Big staffing company) and i am in the 2 weeks notice period . I am looking for any company( desi one - reasonable) who can sponsor my H1B and also start the GC process immediately .They should be able to work with most of the vendor ( corp-corp)
I am in my end of 6 th year and my employer is willing to give the approved 1 140 ( Eb2- Feb 2006 PD ) .
what are my best options right now .I am looking for some advise about good company with decent track record ?
I had pretty bad experience earlier with a chicago based desi company and then moved this big staffing firm . I am not looking for great marketing as i can manage myself.
Thanks
Royus
I am in my end of 6 th year and my employer is willing to give the approved 1 140 ( Eb2- Feb 2006 PD ) .
what are my best options right now .I am looking for some advise about good company with decent track record ?
I had pretty bad experience earlier with a chicago based desi company and then moved this big staffing firm . I am not looking for great marketing as i can manage myself.
Thanks
Royus
more...
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desi3933
03-05 04:15 PM
Hi
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
Your spouse can file I-485 only when your PD is current. Until (s)he needs to maintain H1/H4 status.
My 140 got approved and 485 is in pending state.I have my EAD and also valid H1.
1.Can I add my spouse to my GC status when PD is not current?My spouse is on H1B visa.
2.If I start using EAD, is it still possible to add spouse or I should maintain valid H1 status?
Can you please respond back ASAP.Thanks.
Your spouse can file I-485 only when your PD is current. Until (s)he needs to maintain H1/H4 status.
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02-27 06:27 AM
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snathan
08-19 02:02 PM
Hi Gurus,
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
Get the receipt notice and join them.
I am in company A on H1B and doing H1B transfer to Company B.
Company B is saying that I can join the same day on which the H1B transfer packet is received by USCIS.
if the docs are delivered on SEP 01 2009 can I join on the same day, or I should join from SEP 02 2009
Get the receipt notice and join them.
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fromnaija
06-22 06:45 PM
The short answer is yes. Once you have an approved I-140, you can ask to be accorded the PD on any subsequent I-140.
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japs19
08-22 12:03 PM
:) Thanks.
martinvisalaw
10-15 03:56 PM
The safest route is to have both the H-1B and the EAD, if the employer agrees to pay for all. If you just have an EAD and the 485 is denied for some reason, you have no work authorization. If you have the H-1B also, then you can continue to work on that.
The filing fees for a H-1B extension depend on how many extensions have been filed already. Assuming it is not the very first H-1B, then the filing fee is $320, and $1500 if it is the first extension.
The filing fees for a H-1B extension depend on how many extensions have been filed already. Assuming it is not the very first H-1B, then the filing fee is $320, and $1500 if it is the first extension.
kunjakka
07-13 10:26 AM
Hmm, somebody can confirm this. I am in Houston, Texas
While I e-filed my EAD renewal, everything was super-duper and the pdf files indicate that it was sent to Texas Service Center (pending I-485 is in TSC and initial EADs/APs were received from TSC). I marked in my Application that My I-485 was Emplyment Based.
I went and followed the same steps for my wife's EAD renewal(She already received EAD/AP initially in October 2007, from the TSC), who is my "dependant", but marked hers as family based I-485. I think it is because of this anamoly that, the supporting documents is being directed to National Benefits Center.
Has anybody had a similar experience? Please share
I am planning to call USCIS tomorrow. I will update you all in the details.
My main concern now is
1. I do not want to send supporting documents to two places (so that they dont get confused)
2. I do not want National Benefits Center to realize that it is the wrong service center and transfer to TSC and delay the EAD's for my wife ( whose will expire sometime in October, 2008).
3. Since her I-485 is dependant on mine, i dont want them to think that her I-485 is now family and not "my employment"
While I e-filed my EAD renewal, everything was super-duper and the pdf files indicate that it was sent to Texas Service Center (pending I-485 is in TSC and initial EADs/APs were received from TSC). I marked in my Application that My I-485 was Emplyment Based.
I went and followed the same steps for my wife's EAD renewal(She already received EAD/AP initially in October 2007, from the TSC), who is my "dependant", but marked hers as family based I-485. I think it is because of this anamoly that, the supporting documents is being directed to National Benefits Center.
Has anybody had a similar experience? Please share
I am planning to call USCIS tomorrow. I will update you all in the details.
My main concern now is
1. I do not want to send supporting documents to two places (so that they dont get confused)
2. I do not want National Benefits Center to realize that it is the wrong service center and transfer to TSC and delay the EAD's for my wife ( whose will expire sometime in October, 2008).
3. Since her I-485 is dependant on mine, i dont want them to think that her I-485 is now family and not "my employment"
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