ajithkumar
05-05 01:23 AM
Hi
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...
both the companies A and B are operated by same person..
I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..
My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
after 3 months the new delhi consulate sends me a visa denial letter
stating that
we are not able to issue you a visa because:
your petitioner doesnot either be able to provide qualified employment in USA
I129 petition filed on your behlaf has been submitted to USCIS...
My original I797 was returned to me at the time of interview
my question:
Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???
WHAT OTHER OPTION DO I HAVE...
Please let me know
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ssingh92
06-08 08:54 PM
Hi Guys,
I was reading another thread and a question came to my mind..
I entered in US on AP and got the I-94 with the validity date as my AP date. Now my AP is going to expire and I am not going to travel anywhere any time this year. So just wondering what will happen when the I-94 is expired. Do I have to get it renewed from somewhere or just dun worry about it. or do I have to apply for a new AP.
Can anyone can shed some light on this situation?
I am in the same situation. I thought that I will get new I-94 but not. My lawyer says that keep EAD and Dr. Lic with me all time in case I need to prove that I am legal ....
Hope this will help you!!
I was reading another thread and a question came to my mind..
I entered in US on AP and got the I-94 with the validity date as my AP date. Now my AP is going to expire and I am not going to travel anywhere any time this year. So just wondering what will happen when the I-94 is expired. Do I have to get it renewed from somewhere or just dun worry about it. or do I have to apply for a new AP.
Can anyone can shed some light on this situation?
I am in the same situation. I thought that I will get new I-94 but not. My lawyer says that keep EAD and Dr. Lic with me all time in case I need to prove that I am legal ....
Hope this will help you!!
dilbert_cal
05-07 06:55 PM
Bump - In case someone else has some more information.
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03-08 08:50 AM
This report should be required viewing for every member of Congress and every US immigration official working on H-1B visa processing. Visit msnbc.com for breaking news, world news, and news about the economy
More... (http://blogs.ilw.com/gregsiskind/2011/03/nbc-news-restrictive-h-1b-policies-are-a-job-killer-for-americans.html)
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willigetgc?
11-12 10:53 AM
Hello,
how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
It depends on what your status is and which stage of the immigration process you are stuck in.........
As the other member pointed out, you could ask the attorney - IV holds these calls free every week...
how is it possible to change jobs while the GC application is pending (part of the July 07 madness). Supposedly there is the AC21 form, is there an example how this form should be filled, and what other documents should be included? How long does it take to approve? (for driver's license, traveling, etc.). Does it have to be filed with H1B extension?
The new job offer is 25% pay increase, otherwise very similar, could that be a problem?
It depends on what your status is and which stage of the immigration process you are stuck in.........
As the other member pointed out, you could ask the attorney - IV holds these calls free every week...
carlos.torres
02-02 07:11 AM
My fianc�e lives in Mexico and I live in the United States. We are planning on getting married this summer. As soon as I return, I'm planning on beginning the process so that my future wife could come to the United States to live with me. We plan on getting married in the Catholic Church, but we have doubts if that type of marriage is a valid one for this specific situation. We just don't want a delay in the process simply because it was a religious marriage and we want to be with each other as soon as possible. My question is: Is a religious marriage valid for this situation? Which one would you recommend: Having a civil marriage or a religious marriage in Mexico?
more...
s_r_e_e
11-12 02:39 PM
H4 Stamping Documents for interview
Passport
Fee recipt
DS 156 and 157
Photo
H4 approval
Primary's H1 Approval
Letters from Primary's Employer
(secondary docs)
Primary's passport copy
Pay stubs
Tax returns
Last I94 copy
Marriage Ceritficate
Photo Album
Copy of 485 receipt
Passport
Fee recipt
DS 156 and 157
Photo
H4 approval
Primary's H1 Approval
Letters from Primary's Employer
(secondary docs)
Primary's passport copy
Pay stubs
Tax returns
Last I94 copy
Marriage Ceritficate
Photo Album
Copy of 485 receipt
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Dipika
05-17 12:00 PM
If you don't have photo copy then ask your lawyer, they always keeps copy of 485 documents before sending to USCIS. you should be able to get another one from India.
Hi folks,
My baddest of the bad phases started recently when I lost my wife's birth certificate from India. Worst part is we dont have backup (no photo copies of it).
Anyways, We are waiting in the 485 queue, working on EADs. Question to all folks, do still need birth certificate now for the green card process, as we have already sent the application?
And how bad it is with redtape/corruption in India, to get another birth certificate from my wife's birth hospital, when we try by ourselves (I mean not involving our/her parents), when we visit India next time (maybe for a month)?
Appreciate your responses..
Hi folks,
My baddest of the bad phases started recently when I lost my wife's birth certificate from India. Worst part is we dont have backup (no photo copies of it).
Anyways, We are waiting in the 485 queue, working on EADs. Question to all folks, do still need birth certificate now for the green card process, as we have already sent the application?
And how bad it is with redtape/corruption in India, to get another birth certificate from my wife's birth hospital, when we try by ourselves (I mean not involving our/her parents), when we visit India next time (maybe for a month)?
Appreciate your responses..
more...
Santosh_gc
07-19 03:36 PM
Hi all:
I entered the country on Advance Parole and so now I am on EAD status because of that.
I am on my 8th year of extension. My H1B was valid till 2009 but now it is not because of my EAD. Its been more than a year since I applied for 485 and My I-140 has been approved.
Q.1 Can I join another employer based on a new H1B so as to reinstate my H1B status? I plan to file for AC21 if I change employers.
Q.2 Can I apply for a new H1B with my CURRENT employer based on my current job?
I would really appreciate your input.
Thanks in advance.
Santosh
I entered the country on Advance Parole and so now I am on EAD status because of that.
I am on my 8th year of extension. My H1B was valid till 2009 but now it is not because of my EAD. Its been more than a year since I applied for 485 and My I-140 has been approved.
Q.1 Can I join another employer based on a new H1B so as to reinstate my H1B status? I plan to file for AC21 if I change employers.
Q.2 Can I apply for a new H1B with my CURRENT employer based on my current job?
I would really appreciate your input.
Thanks in advance.
Santosh
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jayleno
06-17 12:14 PM
Just want to say hello...since we are in same boat. Applied in second week of May. No reciet notice yet, according to employer. I was applying for extension of my soon to expire h1b
more...
hibworker
03-28 04:18 PM
Hello folks
My fiances parents are applying for a B1/B2 Tourist visa on the basis of her 2 graduation ceremonies. We will get married in a court before her parents apply for a visa but the marriage ceremony will be between 2 graduations in US. If we also show that her parents are attending daughters wedding ceremony in US will the likelihood of them getting a visa increase? We can send a copy of marriage certificate before parents visa interview.
Thanks
I don't think so. The VO is interested in ensuring that your in-laws are visiting US for tourism / family visit and will return back after the visit. VO also wants to ensure that someone will pay for the entire trip and they will not become public burden.
My fiances parents are applying for a B1/B2 Tourist visa on the basis of her 2 graduation ceremonies. We will get married in a court before her parents apply for a visa but the marriage ceremony will be between 2 graduations in US. If we also show that her parents are attending daughters wedding ceremony in US will the likelihood of them getting a visa increase? We can send a copy of marriage certificate before parents visa interview.
Thanks
I don't think so. The VO is interested in ensuring that your in-laws are visiting US for tourism / family visit and will return back after the visit. VO also wants to ensure that someone will pay for the entire trip and they will not become public burden.
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afordham
07-09 01:37 PM
I'm possibly in the same situation - if the company I work for gets bought and the company name changes does this complicate the process? I would hold the same job, title and everything else? This is a real possibility we already made 1/3 of the workforce redundant last week..
Or is it that the name change or the going away of the oirginal sponsor name means a re-start to the PERM stage? This is bad timing for me as I'm about to enter my 6th year of H1B - and as I understand it I cannot start a new PERM in the last year of H1B..?
What should I do - hold my breath or can I do something in the 3 months I have left before my 6th year starts??
Or is it that the name change or the going away of the oirginal sponsor name means a re-start to the PERM stage? This is bad timing for me as I'm about to enter my 6th year of H1B - and as I understand it I cannot start a new PERM in the last year of H1B..?
What should I do - hold my breath or can I do something in the 3 months I have left before my 6th year starts??
more...
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vvicky72
08-07 02:03 PM
How do i find out if a RFE has been issued on a case?
Does USCIS "check case status" mentions it? My lawyer is one heck of a person and i have to keep track of my case.
I saw the case status online and it says "Request for Additional Evidence Sent".
Does USCIS "check case status" mentions it? My lawyer is one heck of a person and i have to keep track of my case.
I saw the case status online and it says "Request for Additional Evidence Sent".
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sxk
09-14 07:22 PM
I applied for I 485 , AP and EAD during 07 July. I got a fp notice back in 2007 and I got another one two weeks ago. I went ahead and did my bio-metrics over the weekend at TSC Application Support Center.
Does this mean that somebody has looked into my file and pre adjudicated it? or is it a automated thing and does not mean anything?
Please advice!
Does this mean that somebody has looked into my file and pre adjudicated it? or is it a automated thing and does not mean anything?
Please advice!
more...
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10-10 10:36 AM
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reddy75
01-15 10:12 AM
Hello guys,
If the employer is not willing to share your I-140 approval status with you, is there a way to find out this information from other sources?
I currently have my 485 & AP numbers but do not have I-140 number to track on the USCIS website.
Thanks for help in advance.
If the employer is not willing to share your I-140 approval status with you, is there a way to find out this information from other sources?
I currently have my 485 & AP numbers but do not have I-140 number to track on the USCIS website.
Thanks for help in advance.
more...
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05-08 06:16 PM
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rachnaj
03-02 07:19 PM
Hello
We have a situation and need your advice on this:
We have approved I140 with company A. Company A merged with Company B, and created a new company. Our amendmant was filed for new company and is still pending. I have also a copy of my approved I140 with company A.
My I485 has passed the 180 days.and I have my EAD, and AP, and done FP.
I have an offer from different company from the same industry sector where I have been working for past many years and same job profile.
I have the following questions:
1. Can I use AC21 portability and take up the new job?
2. Do I have to wait for the amendmant I140 approval?? Or can I change with the approved I140 of company A, and 180 days past after amendmant has been filed.
3. is it true that the employer doesnt have control over pending I140 after 180 days past for 485?
Please help with your information....It will help us decide.
Thanks
We have a situation and need your advice on this:
We have approved I140 with company A. Company A merged with Company B, and created a new company. Our amendmant was filed for new company and is still pending. I have also a copy of my approved I140 with company A.
My I485 has passed the 180 days.and I have my EAD, and AP, and done FP.
I have an offer from different company from the same industry sector where I have been working for past many years and same job profile.
I have the following questions:
1. Can I use AC21 portability and take up the new job?
2. Do I have to wait for the amendmant I140 approval?? Or can I change with the approved I140 of company A, and 180 days past after amendmant has been filed.
3. is it true that the employer doesnt have control over pending I140 after 180 days past for 485?
Please help with your information....It will help us decide.
Thanks
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marola
05-14 05:28 PM
Hi, I am a holder G4 visa working on a international institution in Washington DC, USA...and my fiance is a G4 visa holder too, working on other international institution in the same city (we are foreigners, south americans, especifically)...ok...the main issue is that we want to get married next month in USA and sure as G4 visa holders at that time....but on this September, my fiance is going to change his status to a F1 visa, because he is going to pursue his PHD on a US University....and I cannot change my status as dependent of him (F1 dependant), cuz I need to keep working, and I dont know if it is necessary for studying here to have exclusively F1 visa as a foreigner student, or he could become a G4 visa dependant from me, after he stop working to start studying.
...So my question is if we get married before that he changes his status from G4 to F1...would I be able to keep working on any international institution meanwhile he can keep his F1 student visa?, with no need to become a dependent from each other, but to keep, my G4 visa, and his future F1 visa, respectively?
My doubt is based on one comment that i heard from someone, but i am not sure, cuz that person told me, that if my husband changes his visa from G4, resigning my G4 dependent status, i couldn't be rehired later...i tried to get advide from a lawyer but his service is so expensive for me...so i hope someone can help me, cuz this issue is so important for us.
Ps: For more information, my fiancee would have to go to his country and getting his F1 visa and go back to USA as a F1 visa holder....And before that trip...we would like to get married...and meanwhile he is studying with his F1 visa, I can work with no problems with my G4 visa rehired as many times as I am re hired...
...So my question is if we get married before that he changes his status from G4 to F1...would I be able to keep working on any international institution meanwhile he can keep his F1 student visa?, with no need to become a dependent from each other, but to keep, my G4 visa, and his future F1 visa, respectively?
My doubt is based on one comment that i heard from someone, but i am not sure, cuz that person told me, that if my husband changes his visa from G4, resigning my G4 dependent status, i couldn't be rehired later...i tried to get advide from a lawyer but his service is so expensive for me...so i hope someone can help me, cuz this issue is so important for us.
Ps: For more information, my fiancee would have to go to his country and getting his F1 visa and go back to USA as a F1 visa holder....And before that trip...we would like to get married...and meanwhile he is studying with his F1 visa, I can work with no problems with my G4 visa rehired as many times as I am re hired...
HV000
11-09 10:48 PM
Yes, a transfer could be filed while an extension is pending. This is the so-called anchor transfer. However, the transfer would be denied if the extension petition is withdrawn before the transfer is approved.
The 140 approval notice is not required unless this is a post six year transfer/extension.
Thanks Fromnaija!
Why do you say tranfer will be denied if extension petition is withdrawn? Are they not seperate applications filed by 2 different companies?
The 140 approval notice is not required unless this is a post six year transfer/extension.
Thanks Fromnaija!
Why do you say tranfer will be denied if extension petition is withdrawn? Are they not seperate applications filed by 2 different companies?
pandu345
12-19 04:25 PM
Thanks for quick response smartboy.Your response gives me much strength.I was only worried about the fact , that I left my employer and did not file for about 20 days in between.
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