updsoft
09-20 06:25 PM
Hello!
I am in USA since the year 2005 on H1B with company A. I have spent more than 5 years in H1B and during Jan-2010 i changed my status to L1A. Now i have spent nearly 9 months in L1A and a total of 5.9 years in US. Now i am likely to get a job in company B. My questions are :
1. Is it possible for me to change from L1A to H1B again?
2. If it is possible to change from L1A to H1B, Is my 9 months spent on L1A will be added to my H1B quota of 6 six years? (i.e i already spent 5 years in H1B and and 9 months in L1A).
3. If this 9 months is NOT added to my H1 then i am okay but if it is added, will that be a constraint for me to apply for green card in company B. please advise.
thanks
I am in USA since the year 2005 on H1B with company A. I have spent more than 5 years in H1B and during Jan-2010 i changed my status to L1A. Now i have spent nearly 9 months in L1A and a total of 5.9 years in US. Now i am likely to get a job in company B. My questions are :
1. Is it possible for me to change from L1A to H1B again?
2. If it is possible to change from L1A to H1B, Is my 9 months spent on L1A will be added to my H1B quota of 6 six years? (i.e i already spent 5 years in H1B and and 9 months in L1A).
3. If this 9 months is NOT added to my H1 then i am okay but if it is added, will that be a constraint for me to apply for green card in company B. please advise.
thanks
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raysaikat
05-07 08:42 PM
Hi,
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
guyinus
08-30 05:36 PM
Hi,
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
My H1 B is valid until 2010 (mar). But considering my entry/exit (I94) dates - I will be completing my 5 years in next 2 months.
My query:
1. Do I have time until 2009 (mar) for filing the Labor?
2. Can I file GC in the 6th year of H1 B, if yes what are the consequences?
Thanks in advance
2011 region: Gold Coast, Queensland
learning01
05-08 01:24 PM
Thanks. I like your idea;A better place for that would be any country where expatriates work in the Middle East ( Saudi Arabia, Dubai, Kuwait, Qatar, Oman etc)
I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
more...
ras
03-01 10:16 AM
A friend of mine has asked me to join in starting an IT training business in a densely populated Indian business area (California). The thought process is that there may be many people who have been laid off and may be wanting to learn new technologies. There are no gotchas of luring students for H1/GC etc. The primary reason is that we are experts in Microsoft technologies and we just want to impart training in this domain. However, in these hard economic times few friends have asked us to rethink about this proposition. There are 1 or 2 training institutes around, but we feel we have edge over others in few ways. And we are not eying for a big market share.
Further to it, we want to launch other products once the training is established.we were just looking for a platform. We feel the training will give us that platform.
Unlike other training organizations who propose free training and then H1/GC etc, we just intend to impart training and that's it no strings attached.
Plain simple if you could give a honest opinion on this business proposition that would be great. Proposing this topic to analyze argue and know the others perspective.
This is just to solicit feedback and analyze a startup option and please do not jump guns on saying that this is going to be a bodyshopping company then will recruit H1 etc.
Further to it, we want to launch other products once the training is established.we were just looking for a platform. We feel the training will give us that platform.
Unlike other training organizations who propose free training and then H1/GC etc, we just intend to impart training and that's it no strings attached.
Plain simple if you could give a honest opinion on this business proposition that would be great. Proposing this topic to analyze argue and know the others perspective.
This is just to solicit feedback and analyze a startup option and please do not jump guns on saying that this is going to be a bodyshopping company then will recruit H1 etc.
CaliHoneB
04-26 12:35 PM
I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.
Thanks for the info. I am in the process of asking for approval from my company and I don't anticipate major problems.
So far other than H1b amendment I don't see any other actions I need to take. If anybody can think of anything else please reply to this post.
Thanks.
Thanks for the info. I am in the process of asking for approval from my company and I don't anticipate major problems.
So far other than H1b amendment I don't see any other actions I need to take. If anybody can think of anything else please reply to this post.
Thanks.
more...
GCVivek
04-11 04:55 PM
You can continue working in any position as long as you are with the same company. As long as your position and salary is not reduced, no one cares.
I went from programmer to VP of Tech and nothing happened.
I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.
Question:
Do i need to file for new h1-b or transfer?
I went from programmer to VP of Tech and nothing happened.
I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.
Question:
Do i need to file for new h1-b or transfer?
2010 in Gold Coast, Australia
willgetgc2005
09-14 07:13 PM
Hi,
My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.
However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.
Thanks
My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.
However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.
Thanks
more...
rc123
11-04 09:17 AM
Hi All,
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do
1. Can I travel while my extension is pending?
2. Can I raise a service request to speed up the processing?
2. or Upgrading to PP is the only option?
I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?
Please help...
Thanks in advance
Ritu
hair Australia, Queensland, Gold
ramaonline
12-27 05:13 PM
TR - RIR has been documented in the DOL FAQ
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
Public Disclosure System
http://pds.pbls.doleta.gov
If you do not have the case number for the pending RIR LC you can contact your local senator for help in getting the current status on the case.
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_12-22-06.pdf
Public Disclosure System
http://pds.pbls.doleta.gov
If you do not have the case number for the pending RIR LC you can contact your local senator for help in getting the current status on the case.
more...
nk2006
03-02 04:17 PM
Hi,
I hope most of our members are writing/meeting their congressmen regarding our issues (thru state chapters etc.). Since CIR is about to be discussed in the Senate is it worthwhile to send a petition to all judiciary committee members? Maybe we can use one of those onlinepetition websites and encourage all members to virutal sign it. A petiton with a large number of signature might have a favorable response rather than an individual writing to a local congressman (I always get a standard one page response even though I change text and highlight one aspect of our issues). What is your opinion on this exercize - is it useful?
Ofcourse meeting the lawmakers thru state chapter is the best and members can continue to do that. The above is a complimentary action (and which need members to sign a petition).
- nk2006
I hope most of our members are writing/meeting their congressmen regarding our issues (thru state chapters etc.). Since CIR is about to be discussed in the Senate is it worthwhile to send a petition to all judiciary committee members? Maybe we can use one of those onlinepetition websites and encourage all members to virutal sign it. A petiton with a large number of signature might have a favorable response rather than an individual writing to a local congressman (I always get a standard one page response even though I change text and highlight one aspect of our issues). What is your opinion on this exercize - is it useful?
Ofcourse meeting the lawmakers thru state chapter is the best and members can continue to do that. The above is a complimentary action (and which need members to sign a petition).
- nk2006
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nagu
02-26 02:41 PM
Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
My Layer: Employer->Company A-> Primary Vendor -> Client
My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.
On this, What would be best option.
1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?
2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?
3. Apply for H1B transfer thru primary vendor's sister concern?
more...
house Surfers Paradise, Gold Coast,
Sushana
01-15 11:52 AM
transfer of H1 will work. Enjoy
-M
mrdelhiite, Thanks a lot for the information. I really appreciate it.
Sushana
-M
mrdelhiite, Thanks a lot for the information. I really appreciate it.
Sushana
tattoo in Gold Coast, Australia
jsb
07-06 01:53 PM
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
Isn't it too soon to expect it? They usually take 45 to 60 days. It has been only a couple of weeks.
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
Isn't it too soon to expect it? They usually take 45 to 60 days. It has been only a couple of weeks.
more...
pictures in Gold Coast, Australia
peer123
12-05 08:37 AM
I checked with my attorney, she there is possiblity of it getting approved but there is risk also.
In progressive experience I meet even the experience criteria if I include all my work experience prior to me passing the degree. could this work experience be used.
In progressive experience I meet even the experience criteria if I include all my work experience prior to me passing the degree. could this work experience be used.
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jkays94
04-07 06:00 PM
While the issues being highlighted may lean towards those being termed as illegal aliens, I wouldn't be so quick to call these organizations as exclusively illegal immigrant interest groups. However it is up to one to make their personal decision whether to attend or not, if there weren't legal immigrants and citizens amongst their midst (http://www.cnn.com/video/player/player.html?url=/video/us/2006/04/01/huntington.ny.immigration.rally.cnn) (see linked interview), no one would listen or take note, one thing is certain though, we're now in the same boat given the bill has been thrown into uncertainity :
The National Capital Immigrant Coalition – a coalition of immigrant, labor, faith, civil rights and business community groups in the metro, Washington, DC area – and allies around the nation, developed the concept of a National Day of Action. These appear as their objectives :
Congress should pass real, immigration reform that:
1) respects our values of fairness, hard work and family
2) provides a clear path to earned citizenship
3) fixes America's immigration system to make it safe, legal, and orderly
4) unites families
5) ensures workplace and civil rights protections for everyone
The National Capital Immigrant Coalition – a coalition of immigrant, labor, faith, civil rights and business community groups in the metro, Washington, DC area – and allies around the nation, developed the concept of a National Day of Action. These appear as their objectives :
Congress should pass real, immigration reform that:
1) respects our values of fairness, hard work and family
2) provides a clear path to earned citizenship
3) fixes America's immigration system to make it safe, legal, and orderly
4) unites families
5) ensures workplace and civil rights protections for everyone
more...
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Desertfox
08-11 09:23 PM
I am getting my GC processed on a future employment offer. I already have my EB3 I-140 approved from NSC after A2P RFE, and my I-485 is pending since July 07. I plan to join my sponsoring employer shortly using my EAD, but my attorney told me that I have the optio to wait until I-485 approval. Hope this helps.
girlfriend in Gold Coast, Australia
Beemar
12-08 08:56 PM
Guess what! Feb 1995 bulletin is also out!!
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
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wandmaker
02-25 04:08 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
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
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
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
SandeR2
03-10 11:52 AM
coolio!!
breddy2000
01-25 12:32 PM
Any opinions please?
Thanks
Even I did not get any 2nd FP notice till date and my first FP was r done during Sept 2007.
Every one with whom I spoke to also did not receive their FP notices yet.
Maybe if anyone has received it can pls post your response here.
Thanks
Thanks
Even I did not get any 2nd FP notice till date and my first FP was r done during Sept 2007.
Every one with whom I spoke to also did not receive their FP notices yet.
Maybe if anyone has received it can pls post your response here.
Thanks
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