sidd_k2002
03-24 06:46 PM
Hello Friends,
I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
Here are my questiions:
1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.
Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
Thanks in advance,
Siddharth
I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
Here are my questiions:
1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.
Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
Thanks in advance,
Siddharth
wallpaper The shooting star tattoo
flyingninja
10-29 03:57 AM
Hi,
I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.
Petitioner Documents:
1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
2. Petitioners Income Tax Return for the last two tax years and financial statements.
3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
From the visa applicant:
1. Certified copies of your comp academic credentials.
2. Evidence of previous work experience in the petitioned field.
3. Evidence of extension of legal status in the U.S.
4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)
I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.
Knowing this, could someone please advise me what are my options?
1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?
I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.
Petitioner Documents:
1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
2. Petitioners Income Tax Return for the last two tax years and financial statements.
3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.
From the visa applicant:
1. Certified copies of your comp academic credentials.
2. Evidence of previous work experience in the petitioned field.
3. Evidence of extension of legal status in the U.S.
4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)
I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.
Knowing this, could someone please advise me what are my options?
1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?
techbuyer77
06-20 07:09 PM
nsc used to be slower than texas but now with the tsunami of applications on july 1st who knows
2011 girlfriend Black nautical star tattoo shooting star tattoo design. tribal
rsayed
04-13 03:58 PM
http://www.aila.org/RecentPosting/RecentPostingList.aspx
http://www.aila.org/content/default.aspx?docid=22101
Also, here's the Bill no. and Title -
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
http://www.aila.org/content/default.aspx?docid=22101
Also, here's the Bill no. and Title -
S.1092
Title: A bill to temporarily increase the number of visas which may be issued to certain highly skilled workers.
more...
psk79
08-13 06:09 PM
Its been 2 weeks that I have received my receipts for 485,765,131 from NSC. Thanks
ihabosman and MUKRAW6,
Do any of you guys have a TSC approved I140??????????????
THANKSSSSSSSSSS for your REPLY
ihabosman and MUKRAW6,
Do any of you guys have a TSC approved I140??????????????
THANKSSSSSSSSSS for your REPLY
svreddy
03-05 09:34 AM
also in same situation. Recently did a interfile from EB3 to EB2 ( diff employer ). No update yet. There is a soft LUD on my I 485 but no update in status. Did any one ported recently ?
Thanks
Thanks
more...
go_guy123
09-13 02:33 PM
Excerpt from the IV Home Page:
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
You can always fight....so long u have cash to burn.
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
You can always fight....so long u have cash to burn.
2010 Shooting Star Tattoo Designs
chanduv23
11-13 09:48 PM
Expose these fradulent employers who have no basic ethics
more...
divakarr
09-05 10:23 AM
1-800-375-5283 Option 1,2,2,6,2,2,1 and tell them your application has been filed over 90 days so that they will transfer your call to second level customer support.
For my case, she thought that maybe my application is missing, this is the reason that she sent a request to NSC to look for my application.
Because I got my AP receipt and there is no information for I-485, and AP is based on 485.
My employer messed up my perm labor two years ago, and i hope it is not this time.
For my case, she thought that maybe my application is missing, this is the reason that she sent a request to NSC to look for my application.
Because I got my AP receipt and there is no information for I-485, and AP is based on 485.
My employer messed up my perm labor two years ago, and i hope it is not this time.
hair Star Tattoo Design For Women
Circus123
03-14 08:39 PM
Hey check this prediction out.
http://immigration-information.com/forums/showthread.php?t=4541
I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .
Correct me if I am wrong...
http://immigration-information.com/forums/showthread.php?t=4541
I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .
Correct me if I am wrong...
more...
GCwaitforever
09-19 09:43 AM
You can start Greencard application in EB2 after receiving the MS degree in December 2006. H-1B and GC are two separate entities.
hot star tattoo design.
kum31
10-04 02:06 PM
OK . Thanks for your quick response.
more...
house shooting star tattoo designs
skothuru
06-21 12:03 PM
Congratulations!!!!!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
tattoo 2011 stars tattoo design. tattoo shooting star tattoo designs.
gsc999
07-15 08:23 PM
I know we have to do a lot of work to get coverage but I was just saddened at the behavior of the bigwigs. They know the news and yet chose not to report it.
---
- All the local Chinese newspaper carry this event on front page
- We were on local KTSF TV, thanks to help from our Chinese friends
- We were local KTVU 2 TV channel at prime time
- We have been covered by local print media like Mercury news
- We have interviewed with local radio stations
- We had reporter from Associated Press cover this event
- BusinessWeek wrote an article about us
Mind you this is Silicon valley not some countryside suburb in America.
I encourage you to collect these links and post them in the existing San Jose rally thread so people understand the real breath of media coverage that this rally actually received. Our volunteers are too exhausted from yesterday's event your help will be appreciated.
---
- All the local Chinese newspaper carry this event on front page
- We were on local KTSF TV, thanks to help from our Chinese friends
- We were local KTVU 2 TV channel at prime time
- We have been covered by local print media like Mercury news
- We have interviewed with local radio stations
- We had reporter from Associated Press cover this event
- BusinessWeek wrote an article about us
Mind you this is Silicon valley not some countryside suburb in America.
I encourage you to collect these links and post them in the existing San Jose rally thread so people understand the real breath of media coverage that this rally actually received. Our volunteers are too exhausted from yesterday's event your help will be appreciated.
more...
pictures star tattoo design but
PresidentO
02-10 08:46 PM
dvb123,
Update your profile
You seem to say that EB-4 & EB-5 are completely expiring. If I am not mistaken, pieces of them are. Not the whole categories.
Update your profile
You seem to say that EB-4 & EB-5 are completely expiring. If I am not mistaken, pieces of them are. Not the whole categories.
dresses Feet Tattoo Designs for Girls
little_willy
07-28 06:24 PM
My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
You can expedite his case as I consider this an emergency. Check this link for more details. http://immigrationvoice.org/forum/showthread.php?p=179864#post179864
His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.
He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.
can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
You can expedite his case as I consider this an emergency. Check this link for more details. http://immigrationvoice.org/forum/showthread.php?p=179864#post179864
more...
makeup Sexy Lower Back Tattoo Designs
gc_relief
04-27 04:30 PM
Ya I have applied 2 months before my visa expired..Guru's any expert on this forum knows aout the period of stay after an appeal for h1 extension denial..
girlfriend hair Shooting Star Tattoo Designs shooting star tattoo designs.
purplehazea
06-01 12:10 PM
Hi All,
I am starting this thread to discuss updates for those who have been waiting for a visa number and whose other processing is complete.
For starters, how soon can we start making an inquiry of status since our Priority date is current now?
Thank you.
I am starting this thread to discuss updates for those who have been waiting for a visa number and whose other processing is complete.
For starters, how soon can we start making an inquiry of status since our Priority date is current now?
Thank you.
hairstyles dresses shooting star tattoo. shooting star tattoo designs.
justin150377
07-09 09:05 PM
Hope "Flower Campaign" will not irritate USCIS and backfire on us, to tough the immigration process.
It's too late there's a big stick up your ass already how much farther can they really push it in.
It's too late there's a big stick up your ass already how much farther can they really push it in.
stucklabor
03-22 04:01 PM
All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
GCneeded
11-07 12:32 PM
Thank you everyone for the responses.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.
