michele bachmans: wrangler logo

Friday, June 10, 2011

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northedman

06-13 05:38 PM

Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.

I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?

What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?

H1 Transfer rejecting = H1 Visa rejection? :confused:

Please let me know.

Thanks a lot.

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kasanski33

02-23 08:44 PM

I will be there

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Drifter

09-01 04:50 PM

I recently had an interview in July end at the San Francisco Office. I am hoping that there is positive movement on my case. I wonder what the process is in local offices.

1. Would it be that all the interviewed cases sent to a common pool where some one picks them up.. not sure what order they will pick up and then approves them till the numbers run out and then the cases are dumped back into the pile.

OR

2. The IO who interviewed you retains the case file in his/her office and based on the VB every month approves the cases that have completed the interview. Now if this is the case then we are at the mercy of individual IO and how organized or unorganized they personally are... wonder if they have a set procedure to follow....

lots of questions .... no answers... only silence....

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Earned_GC

02-10 09:19 AM

Hi All:

Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

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smartboy75

07-17 07:13 PM

Just a thought..if your lawyer has all the papers...he should also have your Medical examination report.....If you decide to file on your own where are you going to get the medical examination enveloe from ??? Hope u have thought about it

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NikNikon

September 7th, 2006, 05:37 PM

I guess I was doing this technique before I knew it's offical name, here's the last shot I recall.

http://www.dphoto.us/forumphotos/showphoto.php/photo/40657/ppuser/931

Silly me, I did it the hard way, hand held. :confused:

P.S. Jeff, don't feel bad, I started out with one of those cheap Wal-Mart tripods too. Now that I have a good one the old cheap one comes in handy for my remote flash. So don't throw it out you may be able to reuse it one day.

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qasleuth

04-07 07:49 PM

Hi,
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.

--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.

Here is a link to the 'official' USCIS requirements. A poster in the morning put it up but unfortunately it did not get the attention it deserved.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34dd9b5d82420210VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD

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willIWill

02-03 05:00 PM

That's right.
I think they would have excluded it since the EB2 ROW is current and there is no need to establish a cut-off date.

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meridiani.planum

01-26 12:13 AM

dummgelauft:

I am not completely new to this :)...USCIS was pretty quick to post the bulletin even before the month of February even started, so I assumed that they are working overtime...

Hope that they show the same efficiency to clear thousands of pending applications :mad:

??? they always post the bulletin around 3 weeks in advance...

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deafTunes123

08-28 02:05 PM

One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
Here is the link.

http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133

Link not working.

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aj_jadeja

12-07 08:28 PM

as per SFO consulte website you can apply for new passport 1 yr before ur current passprot expires.

aj

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Bytes4Lunch

04-09 04:47 PM

Whether they IO at Port of Entry asked anything about your H1B Visa?

Nopes, in my case the officer was polite and just asked what my previous status was, to which I said "H1". I asked him if I will lose my H1 status when I enter on AP and he said yes, which was true as your new visa status becomes "Parolee". You can still work on H1 without using EAD, which is what I am doing now.
Its ok and legal to use your AP to travel back. See this recent Murthy Bulletin http://murthy.com/mb_pdf/032108_P.html

I still don't have an answer to my original question, anybody ?

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scorpion00

05-19 03:23 PM

Just voted. I didn't file I485 during July'07. This idea is very good and I'm willing to donate and work for this campaign. AP and EAD will be a massive help.

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nrmarrivada9

04-04 09:53 AM

She could be on F1 even before the commencement of the classes. It will not be a problem.

Regards
Naveen

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kriskris

04-07 05:07 PM

Thanks for sharing. Some good news in these times.

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wantMyGC

09-12 08:22 PM

Hello Attorney,

My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.

Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.

Can you please help me by answering following questions.

1) What are the precautions I should take to protect my green card?

2) Can I leave the present company and start my business by forming an LLC?

3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?

4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?

5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?

6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?

Thanks for your help in advance

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Lucky7

12-05 06:46 AM

Felix look at my post L C 2001 Analysts Review and you shall see how a MOFO attorney can ruin a very promising career.
If i could find my ex attorney he would beg to die.

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Robert Kumar

10-20 09:57 PM

does anyone know delasoft inc. from chicago? do they delay payments or any other issues with this (prospective) employer?

in my case my company used to send by mail, but they stopped 6 months back, and gave us all access to print our own from payroll provider's site, and also W2s can be printed,.

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gparr

July 14th, 2006, 07:00 AM

I have reported the promotional post to Steve and I'm sure he'll remove it when he gets a chance.

Thanks Josh. I'd forgotten about this thread. It's about time for spider plants to bloom again. I'll have to find some and see if I can get some better images.
Gary

masterji

01-12 12:43 AM

If your application is excessively delayed, you can always enter using a valid AP. Gurus correct me if I am wrong.

ngopikrishnan

04-06 08:09 AM

sunil68: FYI, my company used the A# from I-140 approval on Form I-129 and that's what was quoted in the H1B approval notice.

Following are some references. Unfortunately I couldn't find the cover letter my company had sent to the USCIS. However I do remember it was a simple cover letter refering to all of the following and attached the print outs of Pearson and Aytes memos. Hope this helps.

3 Year Extension Statute under AC21 �104(c)
�104(c) One-Time Protection Under Per Country Ceiling.

Nothwithstanding section 214(g)(4) of the Immigration and Nationality Act (8 USC 1184(g)(4)), any alien who–

1. is the beneficiary of a petition filed under section 204(a) of that Act for a preference status under paragraph (1), (2), or (3) of section 203(b) of that Act; and

2. is eligible to be granted that status but for application of the per country limitation applicable to immigrants under those paragraphs may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

may apply for, and the Attorney General may grant, an extension of such nonimmigrant status until the alien’s application for adjustment of status has been processed and a decision is made theron.

USCIS Guidance Memo - AC21 �104(c) - from Pearson Memo, June 19, 2001:

The AC21 104(c) enables H-1B nonimmigrants with approved I-140 petitions who are unable to adjust status because of per-country limits to be eligible to extend their H-1B nonimmigrant status until their application for adjustment of status has been adjudicated. An H-1B nonimmigrant is eligible for this benefit even if he or she has exhausted the maximum 6-year period of authorized stay for H-1B nonimmigrants under 8 U.S.C. 1184(g)(4), INA 214(g)(4). The statute states that the beneficiary must:

(a) have a petition filed on his or her behalf for a preference status under INA 203(b)(1), (2), or (3) (an employment based (”EB”) petition); and (b) be eligible to be granted that status except for the per-country limitations.

Any H-1B nonimmigrant who meets the statutory requirements above may be approved as the beneficiary of a request for an extension of H-1B nonimmigrant status until a decision is made on the nonimmigrant’s application for adjustment of status.

1. Procedure for processing “one-time protection” benefits

In order for a nonimmigrant to obtain an extension of H-1B nonimmigrant status under AC21 104(c), a petitioner must file a Form I- 129, Petition for Nonimmigrant Worker, with the appropriate signature, fees, and supporting documentation on behalf of the nonimmigrant. Existing guidelines in the instructions to the Form I-129W, “H-1B Data Collection and Filing Fee Exemption” for payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee shall be followed. For example, if the petitioner is a nonprofit research organization or the petition is a second or subsequent request for extension of stay filed by that petitioner on behalf of that beneficiary, the petitioner is exempt from payment of the $1,000 H-1B Nonimmigrant Petitioner Account Fee. If the petition and request for extension of stay are otherwise approvable, adjudicating officers shall not deny a petition because the nonimmigrant has exhausted the maximum 6-year limit provided for by INA 214(g)(4). Extensions of stay under AC21 104(c) shall be made in increments of three years.

The status of a dependent of an H-1B nonimmigrant is derivative of and linked to the status of the principal H-1B nonimmigrant. Therefore, dependents are eligible for H-4 status upon the filing of an H-1B petition on behalf of the principal alien and the filing of a Form I-539, Application to Extend/Change Nonimmigrant Status with filing fee and all necessary supporting documentation for the dependent. Dependents should be advised to file the Form I-539 concurrently, whenever possible, with the H-1B petition filed on behalf of the principal H-1B nonimmigrant.

Aytes memo - Dec 27, 2005 and refer to the questions in section 3 on page 7.

III. Q & A ON PROCESSING OF H-1B PETITIONS UNDER THE “ONE-TIME PROTECTION UNDER PER COUNTRY CEILING” PROVISION OF �104(C) ALLOWING EXTENSION PAST THE H-1B 6-YEAR LIMIT

Question 1. Must an alien be the beneficiary of an approved I-140 petition in order to qualify for extension of H-1B status beyond the 6-year limit based on �104(c) of AC21?
Answer: Yes. Consistent with prior USCIS guidance on this subject, an approved I-140 petition is required in order for an alien to qualify for an extension of H-1B status beyond the 6-year limit under � 104(c).

Question 2. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may an extension be granted for a period of up to three years?
Answer: Yes, provided all other H-1B statutory and regulatory requirements are met (e.g., the petition must request three years, and include a Labor Condition Application covering such period).

Question 3. If an alien qualifies for an extension past the H-1B 6-year limit under �104(c), may more than one extension be granted?
Answer: Yes. USCIS recognizes that in some cases, because of per country visa limitations, it may take more than three years for the alien to be eligible to adjust. Thus, despite the reference to a “onetime protection” a qualifying alien may be granted more than one extension under this provision.

P.S.

1) Pearson memo: http://www.murthaimmigration.com/wp-content/uploads/2007/09/ac21_pearsonmemo_06192001.pdf

2) Aytes memo: http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Please take the above info with a grain of salt and consult your lawyer!!!

michele bachmans

Friday, June 10, 2011

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