amsgc
05-29 08:13 PM
The highlighted statement doesn't seem to be correct. You can have more than one employer file an H-1B petiton for you.
Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.
Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?
Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
Until the time you left your university employer, you were in status with the original H-1B (cap exempt).
Now, you need to either get the job back at the university, or ask the consultant outfit (A) to employ you.
Could you state the reason given my USCIS for denying the H-1B petition filed by consultant (B)?
Also, I would refrain from using the word "transfer", as there is no such thing. It is always a new petition, with request to not count it in the yearly cap.
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
wallpaper 2011 American Idol Season 10
NKR
09-22 11:04 AM
No disrespect but , 400$ biweekly seems ok to me ...It depends on how you are employed , If you are working on percentage basis then companies may charge full insurance to you , If you are employed its a different case .
IMO, 400$ biweekly is 800$ per month which is too much, not only he is charging full insurance (which could be ok if you are on percentage basis) he is pocketing some money. If the employee comes out of his employers insurance and take an insurance of his own, he would be paying less.
Well if the employee is in his old age, it is a different story, I am assuming that the employee is below 40 years of age.
IMO, 400$ biweekly is 800$ per month which is too much, not only he is charging full insurance (which could be ok if you are on percentage basis) he is pocketing some money. If the employee comes out of his employers insurance and take an insurance of his own, he would be paying less.
Well if the employee is in his old age, it is a different story, I am assuming that the employee is below 40 years of age.
Munna Bhai
05-08 02:07 PM
One of China'a growth/export strategy is (and was) always to attract Chineese enterprenuers who settled in the west, so that they can bring technology and market(links).
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
Infact USA has given so much to immigrants but I don't understand why they don't try to retain them.I learned lot of technicals/mgnt skills and now I am sure lot of other countries need my skill-set.
Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.
Infact USA has given so much to immigrants but I don't understand why they don't try to retain them.I learned lot of technicals/mgnt skills and now I am sure lot of other countries need my skill-set.
2011 American Idol#39;s youngest
sreenivas11
06-17 07:36 AM
^^^^
more...
new2perm
12-29 10:01 PM
EB3 - Priority date 06/06
Filed on Aug 17th @ Nebraska service center. Received EAD. AP status pending.
Finger printing done on 12/08.
Soft LUD on I-485 for self and spouse on 12/10,12/11,12/15,12/18,12/28.
LUD on approved I-140(approved 10/06) on 12/02. Received the 'Your application has been approved....' email from CRIS too on 12/02!!
This is getting me really tensed :-(
Filed on Aug 17th @ Nebraska service center. Received EAD. AP status pending.
Finger printing done on 12/08.
Soft LUD on I-485 for self and spouse on 12/10,12/11,12/15,12/18,12/28.
LUD on approved I-140(approved 10/06) on 12/02. Received the 'Your application has been approved....' email from CRIS too on 12/02!!
This is getting me really tensed :-(
gcdreamer05
08-11 11:26 AM
Guys,
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
It is so pathetic to see ppl with 2001 PD have still not got GC in EB3, then what will happen to people like me who are in 2005 PD Eb3 :confused:
We have to come up with some numbers so we can plan our life ahead. Please vote only if your Application is pending. This is not for EB3-I who are already approved.
Thanks.
It is so pathetic to see ppl with 2001 PD have still not got GC in EB3, then what will happen to people like me who are in 2005 PD Eb3 :confused:
more...
tabletpc
10-17 02:14 PM
Surabhi,
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
2010 American Idol 2011 Top 4
camilopino
01-08 03:34 PM
Is there any relation between biometrics and the final green card approval time?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
more...
rajenk
04-21 01:37 PM
First of Change the subject of this thread. This is confusing to state that your I485 is already denied.
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
To your question:
1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.
2. Opening MTR takes months, if you are lucky then it might be quick.
Now a question to you.
1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.
The safe bet:
That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.
Just my thoughts, better consult with a lawyer if you are in such a situation.
Good luck.
Raj
hair quot;American Idol 2011quot; Top 3
GCNirvana007
09-10 11:37 PM
Well VXG,
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
:p See what you got to deal with marriage, i am TOTALLY kidding
I know what you are saying about Biometrics...both of our biometrics were done at the same time ....in any case I can't challenge my attorney especially one which is the largest in Boston...we will wait for the FP and then bug him again...at least she is current next month too........
Well good luck with Lawrence Infopass.....strange place no parking ...had to park by a No parking sign where every other car was parked....the office is lush such a waste of public money.....and absolutely useless chaps....actually if I had got my lawyer;s mail an hour back I may not have made that long trip.....
Well Boston USCIS is no better we have experience over there too couple of years back....
Will have to go there again..not sure if Lawrence has Biometrics facility or not....
OOOOOOOOFFFFFFFfffff how much more can I bear..................
SoP
:p See what you got to deal with marriage, i am TOTALLY kidding
more...
bliss_yyu
07-20 08:16 AM
no, i think you are exempt from cap. lucky u!
hot American Idol 2011 Top 4
waiting4gc02
03-06 01:41 PM
Guys:
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
Everyone is talking EB2....what are the prospects for EB3 - India??
Is it going to move forward..??
Good Luck..??
more...
house Scotty (“American Idol 2011“)
ssa
11-14 01:51 AM
There is a lot of confusion on this topic - not just on the forums but even among practicing immigration lawyers. Bottom line is there is no clear cut wording in any USCIS rule or memo regarding this particular situation so it's open to interpretation. If your attorney is conservative in interpretation s/he will say use of EAD for any job would void H1B. Others say as long as you do not use EAD for the primary Job for which you have the approved H1B its okay to use EAD for other jobs. My own lawyer is in the later camp - the camp which believes use of EAD for secondary jobs does not constitute violation of H1B terms as long as you continue to work for the H1B sponsoring employer for full time. He is immigration attorney for a very big and prominent high tech company.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
Pick one lawyer who you are comfortable with and believe in and do as s/he says. Bad news is anything short of USCIS clarification/memo on this will not end this debate conclusively.
tattoo James and Scotty showed us
Beemar
12-08 09:38 PM
Somebody recently gave me a red dot for one of my posts, which is alright, but the person qualified it with a highly offensive Hindi expletive. The words are too obscene to be posted in open forum so I will refrain from reproducing them.
I want IV to reveal the name of the culprit, and ban him/her immediately. Failing which, I will have to evaluate other options to seek redress.
Needless to say, this whole dot mongering is seriously flawed and needs rethinking.
I want IV to reveal the name of the culprit, and ban him/her immediately. Failing which, I will have to evaluate other options to seek redress.
Needless to say, this whole dot mongering is seriously flawed and needs rethinking.
more...
pictures American Idol contestant
superdude
07-17 10:42 PM
Do you know how long it will take to get GC from date of receipt of 485?
It is a long journey again. We have to wait and see. It depends on the native country also
It is a long journey again. We have to wait and see. It depends on the native country also
dresses eight on American Idol
gcnirvana
07-11 02:27 PM
Franklin, I just sent you a PM.
Hey guys
The Bay Area members need your help.
We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!
We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.
Post here or PM me if you can make a few phone calls for us
Many thanks
Hey guys
The Bay Area members need your help.
We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!
We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.
Post here or PM me if you can make a few phone calls for us
Many thanks
more...
makeup American Idol#39;s Final Four
gcdreamer05
09-02 11:29 AM
Can an H-4 visa holder living in the US work for an Indian employer via Internet? Can he use this experience while transferring to H-1B?
To acquire an H-1B visa, all work experience must be live work experience. Work over the Internet is not considered live experience as defined by the H-1B application process.
In addition, it is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H-4 holders can only do voluntary work.
Faqs - H-4 Visa (http://www.assureconsulting.com/faqs/h4_visa.shtml)
I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.
Right now are you working on h4 visa via internet (telecommute) ?
Thanks GCDreamer and sbmallik.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
To acquire an H-1B visa, all work experience must be live work experience. Work over the Internet is not considered live experience as defined by the H-1B application process.
In addition, it is against immigration rules to work in any form or manner on an H-4 visa. The immigration rules clearly state that H-4 holders can only do voluntary work.
Faqs - H-4 Visa (http://www.assureconsulting.com/faqs/h4_visa.shtml)
I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.
Right now are you working on h4 visa via internet (telecommute) ?
Thanks GCDreamer and sbmallik.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
girlfriend Other quot;American Idolquot;
BornConfused
07-03 09:47 AM
Ha, congratulations to you, I'm happy for you!!
hairstyles Scotty McCreery Wins American
Dakshini R. Sen
06-26 11:17 AM
Thank You Ms. Sen.
Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?
Thanx in advance
There is a �Streamline� e-mailbox for EB-3 I-140s for AILA attorneys to send inquiries. If EB-3 I-140 case was filed prior to December 31, 2008, AILA attorneys can submit an inquiry to this specific e-mail address provided by the USCIS. This is available only if the case is filed at the Texas Service Center.
So if your case falls under this category please request your attorney to send an e-mail inquiry to this streamline e-mail address and make an inquiry.
Dakshini R. Sen
Attorney at Law
Law offices of Dakshini R. Sen, P.C.
212-242-1677
713-278-1677
Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?
Thanx in advance
There is a �Streamline� e-mailbox for EB-3 I-140s for AILA attorneys to send inquiries. If EB-3 I-140 case was filed prior to December 31, 2008, AILA attorneys can submit an inquiry to this specific e-mail address provided by the USCIS. This is available only if the case is filed at the Texas Service Center.
So if your case falls under this category please request your attorney to send an e-mail inquiry to this streamline e-mail address and make an inquiry.
Dakshini R. Sen
Attorney at Law
Law offices of Dakshini R. Sen, P.C.
212-242-1677
713-278-1677
optimystic
04-08 06:21 PM
See my details in signature.
Just waiting for the Processing dates in Nebraska to progress now.
Just waiting for the Processing dates in Nebraska to progress now.
Macaca
01-12 05:37 PM
I will be happy with the following requirement (that is lower then the carpet).
Don't have to mantain status. That is, absence of pay checks is not required.
Don't have to mantain status. That is, absence of pay checks is not required.
No comments:
Post a Comment