Dhundhun
10-16 01:49 PM
One of my friends got B1 Visa(business visa, it’s valid for 10 years) through a company AAA in January 2008, still he is working for the same company in India, till now he didn't use his B1.
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
#1. This way company wants to save liability. If H1-B Visa is stamped in India and he comes to US on H-1B, then in case of layoff, it is company's responsibility to pay return ticket to family.
#2. The company wants to try your friend.
#3. If your friend comes on B1 Visa, legally it is difficult to pay for ticket (cann't invite individual easily) and legally it is difficult to pay any salary or compensation.
#4. AFAIK, now-a-days B1 to H-1b change of status does not work for companies (I think this is still ok for universities and non-profitable organizations). If I am wrong, someone may correct this input.
#5. B1 is issued to individual for Business Trips (this type of visits are now not considered a B1 trip because of misuse in past and now campanies were forced to make employees apply for H-1B, even if they work in US for few months in a year - the B1 was heavily miused by body shoppers). The B1 does not get revoked, because you changed company, and so he can use the same B1, when other company wants to send him for business visits. B1 will be seemed to be cancelled once an assignment is taken on H-1B (Physical Cancillation can be done at the time of H-1B renewal)
Who paid for H-1B?
He applied H1-B through a company BBB, recently he received all his H1-B documents, his H1-B company suggested him to come to U.S on B1 and they want to file an amendment to change his status to H1 after coming to US.
My friend want to resign the company in this month and he want to go for training after resigning his job, it will take 2 months for completing the training.
He is planning to come to U.S in February 2009 on B1.
Could any one please help us with your valuable suggestions for the following questions?
Is it possible to come to U.S on B1 even after resigning the job?
Is there any possibility that the company revoke his B1?
What are the documents required to come to U.S on B1?
Thanks in Advance
#1. This way company wants to save liability. If H1-B Visa is stamped in India and he comes to US on H-1B, then in case of layoff, it is company's responsibility to pay return ticket to family.
#2. The company wants to try your friend.
#3. If your friend comes on B1 Visa, legally it is difficult to pay for ticket (cann't invite individual easily) and legally it is difficult to pay any salary or compensation.
#4. AFAIK, now-a-days B1 to H-1b change of status does not work for companies (I think this is still ok for universities and non-profitable organizations). If I am wrong, someone may correct this input.
#5. B1 is issued to individual for Business Trips (this type of visits are now not considered a B1 trip because of misuse in past and now campanies were forced to make employees apply for H-1B, even if they work in US for few months in a year - the B1 was heavily miused by body shoppers). The B1 does not get revoked, because you changed company, and so he can use the same B1, when other company wants to send him for business visits. B1 will be seemed to be cancelled once an assignment is taken on H-1B (Physical Cancillation can be done at the time of H-1B renewal)
Who paid for H-1B?
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prince_waiting
10-26 11:44 AM
Get images of checks cashed by USCIS, your receipt numbers are stamped on the back side of the checks. Use these RNs to call up USCIS and change your address.
Filing out AR-11 does not guarantee that USCIS will correspond to you on the new address.
Filing out AR-11 does not guarantee that USCIS will correspond to you on the new address.
sujith1
07-10 10:43 AM
You are right - The status changed today saying some one has picked it up - So express mail is good for sending.
Does the checks getting cashed mean the applicaton is accepted - and for whatever reason if they deny willu get the fees back?????
I had sent my EAD application on last week Thursday through express mail and I recvd the same status first time. On Monday, the status changed to delivery confirmed when someone picked the notice I think. My checks are cashed today so you may have to wait for a day and it should be fine.
Does the checks getting cashed mean the applicaton is accepted - and for whatever reason if they deny willu get the fees back?????
I had sent my EAD application on last week Thursday through express mail and I recvd the same status first time. On Monday, the status changed to delivery confirmed when someone picked the notice I think. My checks are cashed today so you may have to wait for a day and it should be fine.
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nashim
07-16 04:06 PM
1) Yes
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
more...
gc@waiting
07-25 06:17 AM
Can someone shed some light as to what exactly are the things checked and the steps in 140 processing? Is it one's education credentials or employer history and/or ability to employ/pay etc?
HV000
03-08 10:39 PM
By the time I got denial notice during October 2007, I received EAD. So I have assumed that there is no need to convert back to H4 and started working on EAD continuing the same project. Do you think I'm in critical situation? Please advise me. I'm panic. My husband's H1B visa is also over by February 2008 and he started working on EAD by changing his employer. His former employer did not cooperate with him to extend his H1B visa as he might have thought he will leave hime soon on AC21. Please help me.
I am sorry about your situation. I suggest you to talk to a good attorney to get some peace of mind..
I am sorry about your situation. I suggest you to talk to a good attorney to get some peace of mind..
more...
CADude
07-26 05:39 PM
TSC did hard work in last 3 weeks of June to exhaust the visa#. Did 9 months of work(66K approval) in just 3 weeks(60K approval)? Now they are in USCIS paid vacation for whole summer for good work. :) They will back on Oct and issue the receipt notice for july filers. now they know their potential :D so have patience. :cool:
I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....
I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....
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sunsuri
08-02 11:52 AM
I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.
I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.
more...
ricky26
03-14 10:24 AM
As long as you have valid H1/H4 stamping in your passport you can travel in/out of the country freely.
H and L visa's are exempt from having AP as long as they have stamp in their passport.
H and L visa's are exempt from having AP as long as they have stamp in their passport.
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Administrator2
03-23 03:51 PM
Business week MBA forums had a big conversation about this topic with some MBA graduates saying they ere affected. May be someone can post this on there.
Thanks, could you please post the link to that forum.
We found out that following members may have been affected by TARP funding bill:
bazuka6
rs_123
determined_indian
goel_ar
jaspreetsinghgandhi
mthoota
pxkuma
Does anyone know these members?
Thanks, could you please post the link to that forum.
We found out that following members may have been affected by TARP funding bill:
bazuka6
rs_123
determined_indian
goel_ar
jaspreetsinghgandhi
mthoota
pxkuma
Does anyone know these members?
more...
hojo
09-06 07:12 PM
what he said.
awesome links dan, you'll be getting some messages from me on AIM, heh
awesome links dan, you'll be getting some messages from me on AIM, heh
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adibhatla
02-18 12:15 PM
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
bkn96 - Can you pls tell me how long the processing took to approve the MTR. Greatly appreciate your help in this matter.
more...
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meridiani.planum
06-08 03:38 AM
http://www.dps.state.ok.us/
only two sample licenses shown there. ONe says 'sex offender' other says 'temporary'. :mad: :mad: :mad: :mad: :mad:
even the title of that section is nasty:
New Driver Licenses for
Sex Offenders
and Noncitizens
and dont say there is no implied grouping/nastiness there. Of there is'nt, how would they react to:
New Driver Licenses for
raving lunatics
and oklahoma lawmakers
only two sample licenses shown there. ONe says 'sex offender' other says 'temporary'. :mad: :mad: :mad: :mad: :mad:
even the title of that section is nasty:
New Driver Licenses for
Sex Offenders
and Noncitizens
and dont say there is no implied grouping/nastiness there. Of there is'nt, how would they react to:
New Driver Licenses for
raving lunatics
and oklahoma lawmakers
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CRAZYMONK
09-24 11:38 AM
but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
I think that is the reason you got it to your address instead of your attorney. They might have missed that G-28 or your attorney forgot to send in with other stuff.
Is that RFE just for G-28?
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
I think that is the reason you got it to your address instead of your attorney. They might have missed that G-28 or your attorney forgot to send in with other stuff.
Is that RFE just for G-28?
more...
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nvmurali
06-02 02:49 PM
if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.
My current employer (who's the consulting company) is the one negotiating to let me go fulltime with the client. So, they shouldn't revoke the 140.
My current employer (who's the consulting company) is the one negotiating to let me go fulltime with the client. So, they shouldn't revoke the 140.
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vallabhu
09-10 10:04 AM
Currently on H1B 8th year extension which will expire on 25th June, 2009.
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application
Labor PD: 9th August, 2004
Labor cleared: 11th September, 2007.
I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
Can’t file for I-485 since the EB3 date for India is unavailable.
There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.
Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?
In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?
What are my other options not to go out of status or leave the country?
To my knowledge you do not need have Labor pending from the same company you apply for H1 extension we did the same thing for on of my colleague here he had labor pending form his previous company and we hired him in his 7th year extension with no issues
So find a new job apply for H1 do premium show this pending labor and pending I140 as basis for H1 extension and transfer
an then apply for new perm and if your existing company is willing the share copy of your I140 if it is approved you can carry over the priority date too.
if they revoke I140 nothing can be done even you H1 extension will be in jeopardy it will totally depend on the adjudicator's understanding of the law to process your application
more...
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nixstor
07-18 09:02 AM
hi Guys,
I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
Lets discuss its relevance? What does the Core think about this.?
Wow! out of 20k, 300 people have signed up for monthly contributions. Here we are thinking about hiring a couple of attorneys for the whole org. Sounds ideal, but there are many reasons why applicants will still have to go with the lawyer, their employer picks.
I was thinking over this for quite some time. Why dont we hire one or two immigration attorneys on a full time basis. And lets start am immigration office where we can have all our immigration works (doubtful) but the future immigrant works ata marginally cheaper rates with high quality of service. If we keep a no profit no loss mantra, it would be helpful to everyone and also it will make this organization very strong.
Lets discuss its relevance? What does the Core think about this.?
Wow! out of 20k, 300 people have signed up for monthly contributions. Here we are thinking about hiring a couple of attorneys for the whole org. Sounds ideal, but there are many reasons why applicants will still have to go with the lawyer, their employer picks.
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gbof
10-16 11:23 AM
[QUOTE=eb2_mumbai;1111915]Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)
QUOTE]
Never mind red-green. Please keep up ur informative/helpful postings.
good luck
QUOTE]
Never mind red-green. Please keep up ur informative/helpful postings.
good luck
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dkupadhyay
11-24 11:59 AM
Thanks for your response.
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
The problem is that I don't have any support (other than copy of the receipt notice) for the first I-140. I have approval notice for the second one. But the application date on the second I-140 is more than 6 months later than the application date on I-485. And because of that USCIS thinks that my I-485 is not valid based on the seconf I-140. So they are asking for more proof (specifically the original receipt notice) for the first I-140 which was filed before I-485. The first I-140 was filed by a different attorney and he is not reachable through any means.
What should I do in this case? Is there anything can be done to convince USCIS? is there anything legal can be done against the previous attorney (who filed the first I-140) to provide the original receipt of the first I-140?
TUnlimited
09-15 12:38 AM
I stop worrying about it and finally got all the receipt notice.
Is there menthal link between USCIS actions and their Clients?:D
Sort of if you do worry about things, they intentionally make it difficult for you, and if you drop it, they think - Well, this fella does not seem to worry about thing, let's make him happy!
Is there menthal link between USCIS actions and their Clients?:D
Sort of if you do worry about things, they intentionally make it difficult for you, and if you drop it, they think - Well, this fella does not seem to worry about thing, let's make him happy!
needhelp!
10-22 11:09 AM
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