venky321
03-23 07:19 PM
I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
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kramesh_babu
07-25 08:08 AM
You should be good as long as the existing Visa is valid when you reenter. Even though the existing Visa stamping is tied to your previous employer, You do NOT have to go for Stamping just because you changed the employer and got the new H1. The IO at Port Of Entry might ask about your current employer and you should mention your new Employer and show the new H1B approval at at that time.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
natan
09-10 12:32 AM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
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admin
04-06 10:51 AM
I'm deleting the original text of this post since it is causing confusion: Only Hagel Martinez Provisions Being Considered, Not Oct 05 Hagel Bill.
I've started getting phone calls, and emails on this.
Please find a definitive source before posting any facts and figures in the next few days. There are likely to be a lot of rumors and theories flying around.
I've started getting phone calls, and emails on this.
Please find a definitive source before posting any facts and figures in the next few days. There are likely to be a lot of rumors and theories flying around.
more...
jackhardy
02-03 01:02 PM
i used this letter as a template.
Letter to President Obama & USCIS re: Green Card Processing Delays and Immigration Reform | E3 Visa (http://e3visa.info/2009/11/07/letter-to-president-obama-green-card/)
Letter to President Obama & USCIS re: Green Card Processing Delays and Immigration Reform | E3 Visa (http://e3visa.info/2009/11/07/letter-to-president-obama-green-card/)
cox
June 12th, 2005, 11:52 AM
From these shots, it looks like you made a good investment :)
more...
morchu
05-04 12:29 PM
Is she now on "AOS" status or out-of-status?
"AOS applicant". So she is NOT out of status.
Is she has to file H4 as my friend's dependent?
Not necessary.
Ask both of them to have their EAD ready, if they don't have them yet.
Guru's pl help..
One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.
Is she now on "AOS" status or out-of-status?
Is she has to file H4 as my friend's dependent?
Thanks in advance..
"AOS applicant". So she is NOT out of status.
Is she has to file H4 as my friend's dependent?
Not necessary.
Ask both of them to have their EAD ready, if they don't have them yet.
Guru's pl help..
One of friends 485(primary) was pending and his wife's 485(derivative) also pending.
Both of them are on H1(different employers) and they both lay-off around the same time about 4 months ago. My friends employer has been running paychecks for him but his wife's employer canceled her H1.
Is she now on "AOS" status or out-of-status?
Is she has to file H4 as my friend's dependent?
Thanks in advance..
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mrE
07-30 01:49 AM
my fave of the orange contest. good luck.
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BNB326
08-21 01:06 PM
What are the changes of getting approval by changing H1 to F1 and H4 to F1? Do i need to be in status during their review period of COS (H1to F1) or i can start scholl after filling COS.
Thanks
Thanks
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zeus2000
04-07 02:18 AM
Hi, I have a few questions about H-1B and switching to B1/2 status. I was recently laid off, and have an effective termination date of Apr 27. My firm also told me that they typically notify USCIS of this on May 15th. I am currently looking for a new job, but want to also plan in case I don't find one. Thanks in advance for taking the time to read these questions and help me out with them.
1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?
3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?
7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
9. Did I forget anything? :confused:
Thanks so much again. I look forward to your helpful replies.
1. If I find a new job before May (or May 15th), can I start working the moment the new employer files a petition? Do we have to wait for any notification from USCIS (like a receipt) first? If not, can I work the same date as the postmark date of the filing?
2. In the above case, does my employer still have to file an LCA with DoL? If so, how long does this process take? I guess what I'm trying to wonder is, if I accept an offer and they begin paperwork on Day 1, what day can I actually work?
3. If I do not find a job, when should I file an I-539 to change status to B1/2 (does it matter if B1 or B2?)? I guess what "postmark" date should I do this by? Apr 27? May 15th?
4. After I mail in the change of status, but haven't actually changed yet (I hear this can take 2 months?), and I get a job offer, when can I start working? Do I lose my "instant-work" ability, and have to wait for the H1-B petition to clear? Is this when I want to use Premium Processing and hopefully be ready in 2 weeks? What happens to my pending B1/2 application?
5. If I already received my B1/2 change of status, and now find a job, when can I work? Is this the same as Question 4?
6. I understand that I am no longer subject to the cap, so my employer simply has to file a LCA and a petition for H1-B, in general?
7. In the I-539 form, it asks to mail in my I-94 card (original). Until I get a new one, what status am I in? If I end up leaving the country then, what card do I surrender? It feels weird to not have a I-94 on my passport...
8. The I-539 form seems simple enough to fill out. Any thoughts on whether I need a lawyer for this?
9. Did I forget anything? :confused:
Thanks so much again. I look forward to your helpful replies.
more...
singhsa3
02-09 08:30 PM
My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.
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gtm228
05-25 02:29 PM
Hi
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
My advise is to get a Non-availability of birth certificate because an RFE is the last thing you wanna see. My wife tried Allied Legal, India to get Non-availability of birth certificate for her parents. you can try them. They are the immigration attorneys in USA. How to get Non Availability of Birth Certificate in India (http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm)
I am going to apply for i-485,
i have birth certificate which is taken in 2005 but I was born in 1974
some of my friends are saying...as you are born in 1974 and as your
birth certificate was taken in yr 2005, it might cause problems (ins poseses query)
to get the green card.
Is it right?
They are saying me to get Affidivits + non availability certificate now.
will it be a problem if I put my birth certificate....while applying for 485
thanks
Elephant
My advise is to get a Non-availability of birth certificate because an RFE is the last thing you wanna see. My wife tried Allied Legal, India to get Non-availability of birth certificate for her parents. you can try them. They are the immigration attorneys in USA. How to get Non Availability of Birth Certificate in India (http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm)
more...
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GCDeramzz
06-21 10:34 PM
when you are applying for I140 - You may get RFE due to the fact that your education is not matching (equivalent to) 4 years. So it is better to show the education as 4 years ie..if you have some other degrees/diplomas along with your 3 years degree. this has to be mentioned in box#15.
Hope I am clear.
---------------------
I have acquired the above IQ from forums :-)
Hope I am clear.
---------------------
I have acquired the above IQ from forums :-)
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ameryki
03-17 04:53 PM
i have read some place in this forum that as long as you maintain your full time primary job you are entitled to use your ead for other smaller assignments without losing your H1 status. But then again I am not a lawyer just sharing what I have read.
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saurav79
04-02 01:56 AM
Hi. I have been on H1b with Company A since May, 2008. My visa and I797 are valid till Sept 24, 2009. There is no bench/pay roll break in my employment. I want to transfer my H1b to Company B. Should I use premium processing or regular processing? I have heard that many premium processing cases get a RFE. Is it true? This is particularly important given the bad economic landscape and news/rumors of large number of H1b transfer/extension refusals.
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sfhdweb
12-27 01:17 AM
Does .net framework give access to complete functionality of Windows OS?
Is .net used by Microsoft to build any applications. If so please give some examples. Is win32 api and C++ or is .net with C# the preferred way. When is win32 api used explicitly?
great information its very helpful to me
Is .net used by Microsoft to build any applications. If so please give some examples. Is win32 api and C++ or is .net with C# the preferred way. When is win32 api used explicitly?
great information its very helpful to me
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cox
June 12th, 2005, 11:52 AM
From these shots, it looks like you made a good investment :)
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wandmaker
12-26 10:42 AM
What document should I be sending to say that I am in I-485 adjustment status.
Along with other documents, include a copy of I485 Receipt Notice and EAD card.
Along with other documents, include a copy of I485 Receipt Notice and EAD card.
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cr125rider
04-16 10:18 PM
I love it *Looks to the left at subname thing*
pokiri2008
02-29 07:54 AM
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Tommy_S
04-15 11:45 AM
It's not an engine, it's an S&S V-Twin power house. I didn't realize we were being judged on the complexity of font used.... I must have missed that part in the rules.
No, everybody chooses fonts at his/her own will.
No, everybody chooses fonts at his/her own will.
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