praneet
08-19 10:12 PM
Hi there,
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
I am working for a small Indian consulting company with 60-70 employes. My H1b expires on Sep 30 2009 and initial extension for next 3 years was filed on a regular processing on May 13th and moved to premium processing on Jul 27th. I was working with an insurance client at the time it was filed and expedited thru premium processing. I also mentioned the client name and address at the time of filing extn.
Now I got below RFE asking for a supervisor name from the client (they also mentioned client's name in RFE)
1)The project name the beneficiary is assigned to
2)Whether there is a vendor through whom the beneficiary's services are provided;
3)The name of the vendor appilicable;
4)Whether the end client or the vendor supervises the beneficiary;
5)The name, title, contact information of the person who primarily supervises or will supervise the beneficiary at the worksite;
6)Whether the worksite has the ability to assign the beneficiary to a different employer.
The day I received RFE the contract between my company and end client came to surprise end(FATE!!).
Here are my Questions:
1) One of the major Indian software company is ready to give me offer and take me as their employee in US. Can I withdraw my petition thru my employer and ask Indian company to apply for a transfer before Sep 30th?
2) what will be the success rate of transfer after withdrawal? and consequences in my future GC processing ?
3) What if my employer withdraws petition and files new petition mentioning that I am working on in-house project. We have some work at in house too.
4) My employer also looking for other clients and hopefully I will get one soon. a) In this case Can I withdraw the petition and apply a new one with a new client information? b) or Respond the current RFE with new client details and explnation. (I heard that USCIS don't entertain this.)
5) what is the better option to get the extension approved out of above all? New suggestions also welcome
Thanks in advance.
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pappu
08-17 04:09 PM
come on members, there is nobody here from NC? or you dont know of anyone from there who maybe stuck in the GC process?
IV has not got a single response. We might lose this opportunity.
IV has not got a single response. We might lose this opportunity.
golgappa
11-17 02:38 PM
Do you have FedEx (or any other service) mailing delivery receipt and what is the date on that.
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pressman
January 5th, 2005, 05:22 AM
I have cropped a little and added toning and contrast. I think it adds a different slant to the image - though not necessarily better.
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mjdup
12-08 03:24 PM
There's more important issue going on - read the forum and call senator's first !!
graviyera
03-08 12:00 PM
You dont need transit visa if you are traveling thru frnankfurt (my 2 cents...just travelled in Lufthansa with expired visa but valid 797...no problems...however i heard it wld be a problem if it were United...so check with the airlines).....keep in mind that one might get stuck anywhere between 4 to 8 weeks if stuck in 221g administrative processing while getting stamping in India (in my case got passport and 797 in 23 days)....something to be aware of....my friend got stamping in india with only 6 months of 797 validity remaining....hope this helps
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jsb
01-09 03:40 PM
Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
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sunny1000
11-10 04:05 PM
hi all
a friend of mine running his own business wanna apply for a visit visa or tourist visa what we are suppose to say in section purpose of your visit ????????????????????
any insight are appreciated
There is a business visa (B1) he can apply. If he applies for the B2 (tourism visa) and tries to work, it will be illegal. He beeds to say "business" in the purpose of the visit column.
a friend of mine running his own business wanna apply for a visit visa or tourist visa what we are suppose to say in section purpose of your visit ????????????????????
any insight are appreciated
There is a business visa (B1) he can apply. If he applies for the B2 (tourism visa) and tries to work, it will be illegal. He beeds to say "business" in the purpose of the visit column.
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apriti
10-04 12:25 PM
I cannot renew my h1 as my 7 yrs are over i have to go back to my country for one yr before i can reenter the US
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somegchuh
06-19 12:29 PM
yesterday the NSC date for I-485 was Mar 01. 2007. Today its back to Sep 06. Man, these are total mind games!
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sury
05-23 07:04 AM
I got EAD on February 2008 with my primary GC employer. My PD is just 4 months away and I got a job offer in a big company which I cannot afford to loose.
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
The the job duties in my new job remain the same but I am worried to change job during this time when PDs are jumping very fast. The max I can delay the joining my new employer cannot be more than a 1 month. Please suggest the best approach...
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doomdoom
08-24 11:46 PM
Thanks,
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Curious_Techie
10-17 10:36 AM
Friends I have a relative who is willing to get his GC via EB-5 Category.
Anybody who can share there knowledge on this? Recommend a good attorney who is kinda master in this category?
Appreicate it
Anybody who can share there knowledge on this? Recommend a good attorney who is kinda master in this category?
Appreicate it
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jd123
05-16 11:53 AM
Hi,
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
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trump_gc
06-28 10:28 AM
Thats fine. What you have is much better than what most of us have. Just get an affidavit from her parents or relatives, stating the correct full name etc. That will do it. But do get an affidavit, if u want to avoid RFE later on!
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shirish
02-21 10:56 AM
I thought one can work only for one employeer while on H1.
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rayoflight
02-02 04:50 PM
You are welcome. One more thing if its only B1 he cannot come in as B2 (Tourist Visa). Hope this helps. Cheers, Rayoflight
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rvr_jcop
04-29 01:26 PM
Hello,
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?
From the Oh-law website:
Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.
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franklin
04-04 03:37 AM
Just in case you missed my other post
On the Agenda:-
Meeting the lawmakers - who, how and when?
pm or email me at tamsen(at)gmail.com me for conference call number and bridge number
For more IV info on meeting lawmakers, see logiclife's post http://immigrationvoice.org/forum/showthread.php?t=3691
On the Agenda:-
Meeting the lawmakers - who, how and when?
pm or email me at tamsen(at)gmail.com me for conference call number and bridge number
For more IV info on meeting lawmakers, see logiclife's post http://immigrationvoice.org/forum/showthread.php?t=3691
krishgaay
07-28 11:08 PM
Hi,
I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.
My questions are as follows:
1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.
2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.
3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.
4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.
Any advice on her options is appreciated.
Thanks,
Krishna
I am a US citizen and my mom has been coming to the US once every 3-4 years for the last 15 years on a visitor visa (around 5-6 times). Each time, we had no issue in extending her stay, but her extension got denied yesterday. While I could have applied for her GC, she really did not prefer to apply for a GC since she wanted to spend more time in India than here.
My questions are as follows:
1. I have not got the official letter yet (had email notification), but is there really anything we can do to appeal her extension denial. I think I pretty much sent everything I could possibly can - letter with reasons similar to earlier extensions, return ticket itinerary, affidavit of support, bank statements etc. Another reason we gave is that she cannot travel alone - and my brother is leaving to India in 2 months and she wants to go back with him. I dont know what else we can say to extend her stay.
2. My mom is around 75 years old, and we really don't want to explore the option of leaving within 10 days (she never visited my brother in the last 5 years and she is with him now for only the last 2 weeks after a cross-country flight and recuperating). What I would like to know is - how soon can she safely leave. I think my mom is pretty much done with the US - and doesnt care if she gets a 3 year ban. But - I would like to know if there is any issue if she leaves in 2-3 months (i.e. overstay by 2 months considering the date she got her denial). Will they know at the US airport where she leaves, that she overstayed and (possibly) detain her for questioning. I know there are some airports that require you to document that you left by using a thumb-print.
3. 6 months+ overstay = 3 year ban. < 6 months overstay = ? (is this at the discretion of the POE officer? Can he deny entry - which would be kind of the worst possible future situation, but would like to know so that we can take as much of an informed decision as possible.
4. Can I apply for her GC now to keep her stay legal? Again, even if I apply - she is GOING back to India in 2 months and I will likely need to withdraw her application later.
Any advice on her options is appreciated.
Thanks,
Krishna
utthesta
10-09 04:24 PM
This is the reply I got back from my attorney.
My case was filed in Texas Center but Texas couldn't process all the applications so they shipped some of them to California to do initial data entry. Now that California has finished with initial entry, they are sending it back to Texas.
My case was filed in Texas Center but Texas couldn't process all the applications so they shipped some of them to California to do initial data entry. Now that California has finished with initial entry, they are sending it back to Texas.
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