prasadn
02-04 05:04 PM
Since you were out of the country for more than a year on your previous H1 and subsequently you came to US on a H-4 visa, if you apply for H-1 now, you start afresh. You cannot "transfer" your old H-1 AFAIK, please check with other gurus on this forum.
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
Also, what this means is since this year's quota is exhausted you probably will have to apply after April 1st and if your H1 is approved, it will have a start date of Oct 1, 2010.
Hope this helps.
Hi,
I have an H1, with a receipt date of April 2006. It was valid till July 2008. I came to US on that H1 in 2007 for 2 months. After that I have been working in India till March 2009.
Currently I am on H4. And there is a gap in employment since March 2009.
I have got an offer now and employer will take care of my H1.
I need to know what is the process of H4 to H1 in this case.? Can anybody help me
How much time does this change of status takes place?
The H1 now will be valid for how much time?
Will it depend on my husband's expiry date of H1. My husband's H1 is expiring in Sep 2010
Is it not recommended to move out of the country till status is changed from H4 to H1.
Please somebody reply. Its urgent!
Thanks in advance
Pooja
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nirajnp
06-02 04:55 PM
Hi,
My wife is currently on H1 (valid until Oct 2008). We just had a baby and I am thinking of transfering her to h4 (COS) for about 7-8 months. Once she feels comfortable she would like to start working again. In this case we would need h4 to h1b COS again.
Ques 1: Will h4-to-h1 transfer (while the h1 visa is still valid) be counted against a fresh quota or will this be just a COS application.
Ques 2: This is her first H1B which was valid for 3 years ( started in Oct 2005 - Oct 2008). Her company is about to file for renewal (for another 3 years - then her H1B maybe valid until Oct 2011). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap ? The reason I ask is cos her H1B is currently valid until Oct 2008 and her company hasnt applied for renewal yet.
Ques 3: How much time does it takes to get the COS for h1-h4 and h4-h1 ?
Any help would be appreciated...
Thanks in advance...
My wife is currently on H1 (valid until Oct 2008). We just had a baby and I am thinking of transfering her to h4 (COS) for about 7-8 months. Once she feels comfortable she would like to start working again. In this case we would need h4 to h1b COS again.
Ques 1: Will h4-to-h1 transfer (while the h1 visa is still valid) be counted against a fresh quota or will this be just a COS application.
Ques 2: This is her first H1B which was valid for 3 years ( started in Oct 2005 - Oct 2008). Her company is about to file for renewal (for another 3 years - then her H1B maybe valid until Oct 2011). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap ? The reason I ask is cos her H1B is currently valid until Oct 2008 and her company hasnt applied for renewal yet.
Ques 3: How much time does it takes to get the COS for h1-h4 and h4-h1 ?
Any help would be appreciated...
Thanks in advance...
superdoc
08-14 01:06 PM
I opened a SR on July 24 2008. My priority date was going to be current starting Aug 2008, but still representative was kind enough to open SR for me . Guess at that time they were not getting bombarded by volume of calls.
It is almost 20 days and I have not received any response. CSR say it takes upto 45 days to respond.
- Did any body get a response back on their SR
- How much time it took to get response
- What format response is - Email / Letter / Call (are there any LUD's also)
- What is the content / detail level of response [Considering most of us are opening SR for case status and pending NC]
Thanks in advance
[ I am reposting this thread because in previous one I made mistake in subject, and didn't know how to edit it]
they have 60 days for sr..that is what the rep told me
It is almost 20 days and I have not received any response. CSR say it takes upto 45 days to respond.
- Did any body get a response back on their SR
- How much time it took to get response
- What format response is - Email / Letter / Call (are there any LUD's also)
- What is the content / detail level of response [Considering most of us are opening SR for case status and pending NC]
Thanks in advance
[ I am reposting this thread because in previous one I made mistake in subject, and didn't know how to edit it]
they have 60 days for sr..that is what the rep told me
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08OCT2008
01-25 08:34 AM
IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
more...
Blog Feeds
01-09 02:20 PM
AILA Leadership Has Just Posted the Following:
Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!
Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.
More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.
Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)
Today the Immigration Policy Center (http://www.immigrationpolicy.org/) of the American Immigration Council, (http://www.americanimmigrationcouncil.org/) along with the Center for American Progress (http://www.americanprogress.org/)issued a report confirming what many people of rationale mind (including the vast majority of Americans) already knew--It would be an economic disaster to deport 12 million people. The loss of this vital economic element would cause a loss to the U.S. Economy of over 2 TRILLION dollars over the next 10 years. Hey, I think that is real money!
Raising The Floor For American Workers (http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Worker s%20010710.pdf), written by UCLA Professor Dr. Ra�l Hinojosa-Ojeda, highlights the economic reality of the the undocumented population in the United States, how tied in they are to the economic engine of the United States, and what an economic nightmare we, as Americans, would deal with if we followed the failed deportation-only policies advocated by immigration restrictionists.
More importantly, Dr. Hinojosa-Ojeda found that not only is a comprehensive reform of our immigration laws (involving BOTH a legalization component AND a an actual workable immigrant visa plan) an economic necessity, it will actually raise the wage floor for all American workers. Frankly, its about time someone looked at the numbers here and ran verifiable scenarios, and did not just play around with easily manipulable census data.
Now, do you think anyone in Congress will read this? Will it change any minds? Ultimately, it is only us, those that understand the human cost of bad immigration policies, that can convince people reluctant to fix our broken immigration system on humanitarian grounds, that it is in our own ECONOMIC interest to makes these necessary changes. Let's get to it.https://blogger.googleusercontent.com/tracker/186823568153827945-2183881679788051590?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/01/immigration-reform-maybe-it-is-about.html)
wc_user
07-16 05:42 PM
Thanks for all your reply. I filed it online and then sent the photos and other requested documentation by mail. I'll wait for the RFE and will let you know what it is about.
more...
intelarv
07-29 06:16 PM
Thnx...
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kewlchap
11-09 12:40 AM
Yes, that is the correct address. Good luck...
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ras
06-30 06:28 PM
Here is a memo from one of the law firms, I found on the net.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.
http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf
After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
Here's my question.
- Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).
If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.
thoughts/comments ??
Logically speaking it should be while filing the petition not while getting the GC approved. All in all you should portray an intention of joining in your activities through your GC process. However, if your position warrants a shift and you can justify it, I guess you are good to go.
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visves
02-20 07:43 AM
No. If that were possible, I am sure even the 2010 quota would have gotten 65,000 applications by now!
Can we send the application early, like one week in advance ?
Can we send the application early, like one week in advance ?
more...
zimmy100
04-06 02:16 AM
Thanks for the Tip, I will schedule their interiview from India. I felt better not take any chance.
Again thanks for your time.
Again thanks for your time.
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andyvillapark
08-18 07:12 PM
I finished my three years residency on H1B visa and am currently working as a chief resident in my program on h1b visa extension which is valid till June 2011. My H1b visa was cap exempt as its a not for profit hospital affiliated with the university.
The CEO of the hospital recently told me that they are very interested in retaining me in their hospital. But one month back my hospital was purchased by a for profit group though the residency program was retained by not for profit group , and hospital is now for profit.My question to you is-
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
The CEO of the hospital recently told me that they are very interested in retaining me in their hospital. But one month back my hospital was purchased by a for profit group though the residency program was retained by not for profit group , and hospital is now for profit.My question to you is-
1. Can my hospital file for my PERM and subsequently for GC while I am still doing chief residency on cap exempt visa and technically a part of residency program which is cap exempt?
2. Will i need a new H1b process with the hospital as it has changed from cap exempt to cap status as it is no longer non profit?
3.My prospective employment date will be June 19 2011 as till then I will be working as chief resident, so what would be the earliest date for filing the PERM and H1b application
more...
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srh1
08-18 02:14 PM
Thanks abhisam for your reply..
The last time i spoke with my lawyer he said. we dont the stautus of my brothers h1 yet as even thought they closed the dates in May they are holding some cases in case the existing cases which got receipt are denied then they will consider new cases from the lot.
I dont know what this means????
Is there a possibility of H1 cases are being in pending status without any receipt from USCIS.????
The last time i spoke with my lawyer he said. we dont the stautus of my brothers h1 yet as even thought they closed the dates in May they are holding some cases in case the existing cases which got receipt are denied then they will consider new cases from the lot.
I dont know what this means????
Is there a possibility of H1 cases are being in pending status without any receipt from USCIS.????
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bank_king2003
04-23 06:55 PM
Alright so it is better then i dont take any equity at all untill i get greencard?
what if i come on EAD ?? does it effect anything or still the same result ??
Thanks Again!!
what if i come on EAD ?? does it effect anything or still the same result ??
Thanks Again!!
more...
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Blog Feeds
07-16 04:50 PM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
There are only 65,000 visas given for regular H-1Bs and 20,000 for holders of US Master's Degree. As of July 09, only 24,800 regular petitions were filed and 10,600 US Master's petition were filed. The reason for this slow filing is two fold.
Heading into a deeper recession, the economy is definitely a factor. Unlike what most people think, Companies would rather hire US workers, and not pay the $2320/- filing fees plus attorney's fees.
However there are some professions which have a shortage in the US. That is true of computer professionals. But the computer professional market has been bruised by a poorly conceived and legally impermissible memo that CIS promulgated on January 08, 2010. The CIS is their infinite wisdom deemed that professionals need to be "controlled" directly by the petitioning company.
The IT business typically have contracts that go through tiers--- from the petitioning company to the end user. The CIS thinks that this creates "job shop" a four letter word to them.
The Jan 08 memo is startling in how unconstitutional it is---- how it totally disregards the rule of law. The class action lawsuit against it will hopefully see the end of the memo. Meanwhile software companies are outsourcing their business elsewhere.
However if there is a contract using an intermediary, control can be shown if another employee of the same H-1B employer works for the end user and actually supervises the H-1B beneficiary.
For instance if Company A, the H-1B employer has a contract with Company F and Company F has a contract with the end user, Company Bigshot. If Company A has employee X who works for Big Shot too, who supervises employee Y, who is the beneficiary, then control can be established under the January 08 memo. Of course all companies have to provide a ton of document to prove the case.
For more information contact Houston Immigration Lawyer (http://www.visatous.com) or Houston Immigration Attorney (http://www.visatous.com), Annie Banerjeehttps://blogger.googleusercontent.com/tracker/8629098317507537197-5047952532017099820?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2010/07/how-to-how-to-show-control-under-jan-08.html)
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BEC_fog
12-11 09:31 AM
http://immigrationvoice.org/forum/showthread.php?t=16031
more...
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jasmin45
07-26 08:44 PM
Why don't you extend with current employer A? That is the best option right?
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HumHongeKamiyab
07-17 08:03 PM
You dont need translation service to translate it. Any of your friend who is proficient in marathi and english can translate it.
At the bottom of the translation, add these lines, and have your friend sign it along with his name and address.
I, _______________________________, do hereby certify that I am proficient in both English and Marathi, and accordingly I am competent to perform translations, and that I have translated the foregoing/attached document accurately and to the best of my knowledge and ability.
Hope that helps. I did this for my birth certificate as per my lawyers advice.
Hi folks,
Could someone please point me to a Marriage Certificate Translation service9s)?
It's in Marathi and has photos, legal fee stamps and seals on it and I would like to retain the look as much as possible.
I kinda searched this website, but the search engine doesn't take you to a specific post in a thread. Instead it just brings up all threads that contain a post with the search keyword. After navigating through a few pages with no luck, I gave up and hence the (potentially redundant) question!
With another opportunity for Adjustment of Status around the corner, I want to get this asap.
Thanks.
At the bottom of the translation, add these lines, and have your friend sign it along with his name and address.
I, _______________________________, do hereby certify that I am proficient in both English and Marathi, and accordingly I am competent to perform translations, and that I have translated the foregoing/attached document accurately and to the best of my knowledge and ability.
Hope that helps. I did this for my birth certificate as per my lawyers advice.
Hi folks,
Could someone please point me to a Marriage Certificate Translation service9s)?
It's in Marathi and has photos, legal fee stamps and seals on it and I would like to retain the look as much as possible.
I kinda searched this website, but the search engine doesn't take you to a specific post in a thread. Instead it just brings up all threads that contain a post with the search keyword. After navigating through a few pages with no luck, I gave up and hence the (potentially redundant) question!
With another opportunity for Adjustment of Status around the corner, I want to get this asap.
Thanks.
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skd
08-05 11:18 AM
Hello all,
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
Based on what they did in July Visa bulletin It can be anything .But as per rule quoted by my Lawyer.
USCIS will retrogress the Dates in October say they made May 2002. In that case Neither A or B will get AOS
Now say in January 2008 the PD was made September 2005, In that case Person A will get first
But If in January 2008 the PD was made September 2006,In that case Person B can get it first because his Recieve date is first
i could not get answer for this question. for all ppl filed AOS between 2nd july and 17th august, will they process GC application based on PD or RD ?
Person A : PD august 2005 and I-485 filed on : 15 th july
Person B : PD august 2006 and I-485 filed on : 2 nd july
who will get GC first ? Person A or person B ?
thanks in advance.
Based on what they did in July Visa bulletin It can be anything .But as per rule quoted by my Lawyer.
USCIS will retrogress the Dates in October say they made May 2002. In that case Neither A or B will get AOS
Now say in January 2008 the PD was made September 2005, In that case Person A will get first
But If in January 2008 the PD was made September 2006,In that case Person B can get it first because his Recieve date is first
gcsucks
05-02 06:10 AM
I have a PR Card in canada since June'04. I have been here in the US for 8 years now. But because of retrogression stuff im not able to file I485.
Is anyone in a similiar situation or does anyone know how i can retain my PR card or will i lose it if i dont go back to canada in the next 1 year( as per rule of staying in canada for 2 years in every 5 years)
Please help
Is anyone in a similiar situation or does anyone know how i can retain my PR card or will i lose it if i dont go back to canada in the next 1 year( as per rule of staying in canada for 2 years in every 5 years)
Please help
lazycis
06-24 12:50 PM
You can do that using your EAD but that could be considered a violation of H1 status. Not big deal if you do not need to maintain H1. If you want to keep H1, you cannot do that unless you are willing to re-validate H1 later on by leaving US and re-entering on H1.
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