chitta123
02-08 09:45 PM
Good Luck, many of us gone thru this but this retro making the things worse.
As mentioned by rb_248 also i am repeating again
What kind of job are you looking for? ( Main skillset )
Where are you located now ??
Are you willing to move ??
Post the details May be someone at IV could help you.
On the side note,
There are lot of debates, bickering , angry , jolly, sad comments in the other threads or say in IV , but when I saw something like this encouraging responses , i feel so happy. Thanks folks.
Thank you and all the others who replied. It has all been very very helpful.
Actually, it is not the job I am worried about. I have already talked to my ex-boss about a position in his company.
The thing which concerns me is the ability extend my H1B beyond 6 years using the I-140 approved with my current employer. My lawyer was saying that it is not possible. But I do not trust him very much. He has often seemed very bookish, before also.
From the replies in this forum and other places, it seems like it is possible. Also, I found this in a USCIS document.
Question 7. Should service centers or district offices deny a request for an H-1B extension beyond the 6-year limit where the labor certification or immigrant petition from an employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be from the same employer requesting the H-1B extension.
I am going to talk to another lawyer next week and will post what he says here.
As mentioned by rb_248 also i am repeating again
What kind of job are you looking for? ( Main skillset )
Where are you located now ??
Are you willing to move ??
Post the details May be someone at IV could help you.
On the side note,
There are lot of debates, bickering , angry , jolly, sad comments in the other threads or say in IV , but when I saw something like this encouraging responses , i feel so happy. Thanks folks.
Thank you and all the others who replied. It has all been very very helpful.
Actually, it is not the job I am worried about. I have already talked to my ex-boss about a position in his company.
The thing which concerns me is the ability extend my H1B beyond 6 years using the I-140 approved with my current employer. My lawyer was saying that it is not possible. But I do not trust him very much. He has often seemed very bookish, before also.
From the replies in this forum and other places, it seems like it is possible. Also, I found this in a USCIS document.
Question 7. Should service centers or district offices deny a request for an H-1B extension beyond the 6-year limit where the labor certification or immigrant petition from an employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days ago?
Answer: No. The statute does not require that the labor certification or immigrant petition must be from the same employer requesting the H-1B extension.
I am going to talk to another lawyer next week and will post what he says here.
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tissac
10-09 05:17 PM
If you can avoid this guy
Alan J. Stopek
Address: 217 Broadway
New York, NY 10007-2909
- Not Responsive
- Made mistakes and was not willing to admit that.
Regards,
tissac
Alan J. Stopek
Address: 217 Broadway
New York, NY 10007-2909
- Not Responsive
- Made mistakes and was not willing to admit that.
Regards,
tissac
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new2H1&GC
08-04 09:29 AM
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again THANK YOU for your replies, it's a BIG HELP!
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again THANK YOU for your replies, it's a BIG HELP!
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.
However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.
In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
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amitjoey
05-27 05:48 PM
Thank you rajttu, nomad for your contributions.
Total $8,400
Total $8,400
more...
kate123
02-25 02:48 PM
I agree...
we should not care whether it can be done as part of admin fix or legislative fix. Since it has come Straight from the horse's mouth (DHS secretary), I think we should bring enough attention to her to push for this fix.
Hi kate123, either it is a legislative fix or not, it's not up to us to decide. I saw the danger of our time and effort being sidetracked by trying to argue whether it's a legislative or administrative fix. The new secretary has made it clear that she is willing to push for BOTH Administrative AND Legislative fix if it's deemed necessary. Our goal should be bringing enough attention to her on the pre-application issue and convince her it's a meaningful change that will help both the DHS and the applicants, so she will push for changes. Please let me know if you agree.
we should not care whether it can be done as part of admin fix or legislative fix. Since it has come Straight from the horse's mouth (DHS secretary), I think we should bring enough attention to her to push for this fix.
Hi kate123, either it is a legislative fix or not, it's not up to us to decide. I saw the danger of our time and effort being sidetracked by trying to argue whether it's a legislative or administrative fix. The new secretary has made it clear that she is willing to push for BOTH Administrative AND Legislative fix if it's deemed necessary. Our goal should be bringing enough attention to her on the pre-application issue and convince her it's a meaningful change that will help both the DHS and the applicants, so she will push for changes. Please let me know if you agree.
walking_dude
10-04 06:17 PM
Wake up and roar, "Tigers" and "Lions" of Detroit. Unfurl your "Red Wings" and pump up yours "Pistons".
... actually join us for a meet, greet and eat :D
... actually join us for a meet, greet and eat :D
more...
paskal
09-22 02:44 AM
Rally agenda - from the start, the D.C rally has not seemed need-based rally. San Jose rally and flower campaign were need-based. They were needed because USCIS ditched all July hopefuls. We were aghast and speech-less. So there was that burning-sensation in our tummies that took us to streets and greet the USCIS chief with bloody flowers!!
i guess you need durbin grassley to return before the "burning feeling" is back. never fear, it's just waiting....btw were you in san jose? when have you been on the streets? who is "us"?
D.C rally has been strategic one. Somewhere in the beginning of the game, we pushed wrong buttons in marketing/selling the strategy or signing up people for the D.C rally. I remember very very few messages on the rally forums and tons and 100s of messages on "July 2" forum.
and whose fault is that? are the core members and other leaders of iv babysitters?
we should now be responsible for spending our remaining life's time explaining why it's important to do something about the mess we are in? oh wait! we did! and copped a ton of abuse for it. go back and look at your posts and everyone else's on the July 2 thread....who has to put the posts on rally threads and not on July 2 threads? who exactly are you blaming here?
and who is "we"? what role have you played?
All senior fellows and the 1000+ members who made it to rally - have you surprised why there is NO 5000 - 10000 attendance.
the registration was actually 2,000. and no we are not surprised. the sheer apathy of those that would benefit from this action and the obsession with receipt notices made it quite clear we were never going too exceed this number. we know that their are many like you here that want us to come to your house with a begging bowl so you can associate handles with real people without lifting a little finger yourself.
thankfully there are 2,000 others that know they are doing this for themselves .
Some more pointers to my thoughts -
> I can't associate all IV handles with real people easily.
and? would you like my ss no? those who came to DC have solved this problem. others solved it long ago by getting involved and taking responsibility and sharing burden. it's yours to deal with now.
> I don't know who is what (like in organizations we have people associated with certain responsibilities).
there is a core team, and there are iv- chapter leaders. join your state chapter if you can drag yourself of the tracking threads and meet the leaders. i got to know real people because i pm'd them then e mailed them and called them, set up a state chapter and met them...
nobody is going to put food in your mouth just because it is open. we are volunteers who give up a lot to keep iv going. we too have commitments at home and work. and they are as important as yours. the only difference is that our sense of self importance is a little less...
> Has anyone ever asked whether we should mention our association with IV in 485 application? And the repercussions?
this is hilarious. aman kapoor the visible founder and leader got his green card just recently. and he is not the only prominent or visible leader to have got it. what does green card processing have to do with exercising your rights to petition government? did you read what siskind and murthy wrote? would they ask their clients to jeopardize their futures? for the record, the 485 asks what organization you are a member of- and i am a member of iv- and i wrote that.
it's a legal, registered non profit org. what's to be ashamed/petrified of?
this seems to be your real problem, the rest is just a cover up.
there are clearly many people with very genuine reasons for not being in DC. and that will always happen with any action. but we are 23,000+ strong. and you are benefiting from our actions per your own words. yet you lurk on tracking threads and then wonder why there are more posts there then on rally threads? wow...rocket science for the highly skilled!
franklin! i begin to think this thread is pointless. those that have genuine reasons do...people like mhb, susie, sunny and madhuri will participate when they can. others like rajesh (can't associate the name with a real person btw ) and inskrish revel in being armchair critics. they will only be genuine participants when it comes from inside them. meanwhile we have to suffer their petty complaints and feel like we owe them something. (!!!!!)
rajesh was in the DC area!!!!! and he chose to see other "attractions" on tuesday. you see it was not "need based". hilarious...but gives me heartburn. let's please close the thread.
i guess you need durbin grassley to return before the "burning feeling" is back. never fear, it's just waiting....btw were you in san jose? when have you been on the streets? who is "us"?
D.C rally has been strategic one. Somewhere in the beginning of the game, we pushed wrong buttons in marketing/selling the strategy or signing up people for the D.C rally. I remember very very few messages on the rally forums and tons and 100s of messages on "July 2" forum.
and whose fault is that? are the core members and other leaders of iv babysitters?
we should now be responsible for spending our remaining life's time explaining why it's important to do something about the mess we are in? oh wait! we did! and copped a ton of abuse for it. go back and look at your posts and everyone else's on the July 2 thread....who has to put the posts on rally threads and not on July 2 threads? who exactly are you blaming here?
and who is "we"? what role have you played?
All senior fellows and the 1000+ members who made it to rally - have you surprised why there is NO 5000 - 10000 attendance.
the registration was actually 2,000. and no we are not surprised. the sheer apathy of those that would benefit from this action and the obsession with receipt notices made it quite clear we were never going too exceed this number. we know that their are many like you here that want us to come to your house with a begging bowl so you can associate handles with real people without lifting a little finger yourself.
thankfully there are 2,000 others that know they are doing this for themselves .
Some more pointers to my thoughts -
> I can't associate all IV handles with real people easily.
and? would you like my ss no? those who came to DC have solved this problem. others solved it long ago by getting involved and taking responsibility and sharing burden. it's yours to deal with now.
> I don't know who is what (like in organizations we have people associated with certain responsibilities).
there is a core team, and there are iv- chapter leaders. join your state chapter if you can drag yourself of the tracking threads and meet the leaders. i got to know real people because i pm'd them then e mailed them and called them, set up a state chapter and met them...
nobody is going to put food in your mouth just because it is open. we are volunteers who give up a lot to keep iv going. we too have commitments at home and work. and they are as important as yours. the only difference is that our sense of self importance is a little less...
> Has anyone ever asked whether we should mention our association with IV in 485 application? And the repercussions?
this is hilarious. aman kapoor the visible founder and leader got his green card just recently. and he is not the only prominent or visible leader to have got it. what does green card processing have to do with exercising your rights to petition government? did you read what siskind and murthy wrote? would they ask their clients to jeopardize their futures? for the record, the 485 asks what organization you are a member of- and i am a member of iv- and i wrote that.
it's a legal, registered non profit org. what's to be ashamed/petrified of?
this seems to be your real problem, the rest is just a cover up.
there are clearly many people with very genuine reasons for not being in DC. and that will always happen with any action. but we are 23,000+ strong. and you are benefiting from our actions per your own words. yet you lurk on tracking threads and then wonder why there are more posts there then on rally threads? wow...rocket science for the highly skilled!
franklin! i begin to think this thread is pointless. those that have genuine reasons do...people like mhb, susie, sunny and madhuri will participate when they can. others like rajesh (can't associate the name with a real person btw ) and inskrish revel in being armchair critics. they will only be genuine participants when it comes from inside them. meanwhile we have to suffer their petty complaints and feel like we owe them something. (!!!!!)
rajesh was in the DC area!!!!! and he chose to see other "attractions" on tuesday. you see it was not "need based". hilarious...but gives me heartburn. let's please close the thread.
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snathan
03-28 02:11 PM
ahhh now clear my frined eb2 he get greeen card now in last year. he spillover use good i am happy. now i get green card in a few years awway
If you are using HP laptop...and if you didnt restart for couple of days, there is a problem. The cursor will keep jump and you end up like this.
Remove your power card and battery. Then press the power button for 30 secods. If its your communication problem I really dont know how to reset you
If you are using HP laptop...and if you didnt restart for couple of days, there is a problem. The cursor will keep jump and you end up like this.
Remove your power card and battery. Then press the power button for 30 secods. If its your communication problem I really dont know how to reset you
more...
arrarrgee
07-18 01:15 PM
Its just the Battle that has been won guys.,...the War is still on.. Its just the beginning ..everyone has just started taking us seriously...We gotta trust IV and support them (Ourselves) in every step...
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santb1975
05-02 12:52 AM
Every dollar counts. Thanks a lot
Hi Santb..
I have made contribution $50.00 on sunday and here you again with another $50.00 today and receipt id is included.
Actually, i wanted to do $20.00 monthy but as i couldn't find any options, i have made this one time contribution.
Payment Sent (Unique Transaction ID #5S198852B4649412C)
Total Amount:
-$50.00 USD
Date:
May 1, 2008
Time:
16:57:12 PDT
Status:
Completed
Subject:
Immigration Voice
Shipping Address:
No Address Provided
Hi Santb..
I have made contribution $50.00 on sunday and here you again with another $50.00 today and receipt id is included.
Actually, i wanted to do $20.00 monthy but as i couldn't find any options, i have made this one time contribution.
Payment Sent (Unique Transaction ID #5S198852B4649412C)
Total Amount:
-$50.00 USD
Date:
May 1, 2008
Time:
16:57:12 PDT
Status:
Completed
Subject:
Immigration Voice
Shipping Address:
No Address Provided
more...
santb1975
02-08 03:10 PM
We care about ourselves and we need to participate and encourage everyone else to participate. I got 5 more friends from my Grad school to come forward and send letters.They said they will do it by Monday. With the new deadline I can approach more people. I am volunteering at a temple next weekend and I will take some templates there for signatures
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abhaykul
02-13 12:26 PM
We have failed again and again in getting our provisions through. ( every body knows why) I would recommend, core team to explore if we can tag our efforts with Schedule A sponsors to increase our chances of success.
more...
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abhijitp
02-11 01:44 AM
Norcal added 190 to the tally over this weekend!
Go IV, go Norcal.
Go IV, go Norcal.
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silibili
05-17 01:45 PM
Done.
Thanks!
Thanks!
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admin
03-17 03:51 PM
Hi,
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
Based on the summary if you re-look at the student visa section of Bill Frist's bill
`(2) STUDENT VISAS- Notwithstanding the requirement under paragraph (1)(C), an alien may file an application for adjustment of status under this section if--
`(A) the alien has been issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(F)(iv), or would have qualified for such nonimmigrant status if section 101(a)(15)(F)(iv) had been enacted before such alien's graduation;
`(B) the alien has earned an advanced degree in the sciences, technology, engineering, or mathematics;
`(C) the alien is the beneficiary of a petition filed under subparagraph (E) or (F) of section 204(a)(1); and
`(D) a fee of $1,000 is remitted to the Secretary on behalf of the alien.
`(3) LIMITATION- An application for adjustment of status filed under this section may not be approved until an immigrant visa number becomes available.'.
What this really means is a masters student can adjust to immigrant visa status although his visa application will get approved only when the visa is available. If i have understood this correctly this means that this is similar to the S-1932 provision wherein you can adjust your status although approval will happen only when immigrant visa is available.(provided one is masters)
Or have i got this wrong?
Comments? If i am interpreting this correctly it is another big boost for people who have either not worked 3 yrs as yet on H1B or have a masters degree unrelated to the profession they are working in.
piyushpan,
Exactly my reactions too. In the section by section analysis posted on Frist's website - http://frist.senate.gov/_files/031706section.pdf it does look like it is only for those who did their masters in the US though. So I-485 and consequently EAD will not be a problem for those of you.
However if you do not have 3 years of experience in a related field, you will be subject to the quota and hence you will have to wait for the priority date to become current to get you I-485 approved though.
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thomachan72
10-01 03:15 PM
The discussion is getting more and more interesting. somebody posted his/her experience with a particular airlines in the begining and lot of us joined in to crucify him/her for having said that. Then saxena came with his private jet and flight atendents and now saxena is getting rounded up. Interestingly UP/Bihar came up (knowingly / unknowingly) almost as a derogatory remark. Then somebody proved that its not UP/Bihar but south indians who are really hipocrites. In between all this somehow the airlines industry people escaped and are laughing. The final take seems to be something like this; We have chosen to be frustrated and if the earth doesn't give us reasons we will look for it in the sun. Either way we will reach our goals. Now let us make a tally of how many reds / greens each person got and find the winner.
Whenever and if at all I ever get to meet the creator divine I will certainly ask him how drunk he/she really was when he created the human brain.
Anyway sorry for interupting the "serious" discussion. Please continue...
Whenever and if at all I ever get to meet the creator divine I will certainly ask him how drunk he/she really was when he created the human brain.
Anyway sorry for interupting the "serious" discussion. Please continue...
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prince_charming
09-17 08:26 PM
I got some more information from InfoPass
They have received G-28 and i saw my present attorney address which is good. Because my present attorney will receive the denial notice.
2nd, The AC21 letter never reached them..... Somehow blackhole swallowed it....
Still waiting on Denial notice.
They have received G-28 and i saw my present attorney address which is good. Because my present attorney will receive the denial notice.
2nd, The AC21 letter never reached them..... Somehow blackhole swallowed it....
Still waiting on Denial notice.
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ianlock
09-18 09:38 AM
That is the only option i had open to me...
I am a plumber, no degree, but equivalent qualifications.. dont qualify for H1B, and once you have shown perminat intent you carnt go back to a temp visa..so catch 22 for me.. i had to go out there get a job, and then start the process. And yes my future employer has been very understanding about it. they have been waiting for me for 2 years so far...so am anxious to say the least to get out there.
Strange thing is, in the midst of all this, i have had my fee bill, paid that, and now my attorny has received my DS230, and sent that back yesterday?? so god knows what is happening. even though the dates arnt current.???
i give up trying to figure out what is going on over there. im hoping they will just finish up with it and send it to the embassy in london, so at least it will all be here even if it just sitting here waiting for a number to become available.
My be the november bulitin will show some kind of movment?
lets all hope so.
I am a plumber, no degree, but equivalent qualifications.. dont qualify for H1B, and once you have shown perminat intent you carnt go back to a temp visa..so catch 22 for me.. i had to go out there get a job, and then start the process. And yes my future employer has been very understanding about it. they have been waiting for me for 2 years so far...so am anxious to say the least to get out there.
Strange thing is, in the midst of all this, i have had my fee bill, paid that, and now my attorny has received my DS230, and sent that back yesterday?? so god knows what is happening. even though the dates arnt current.???
i give up trying to figure out what is going on over there. im hoping they will just finish up with it and send it to the embassy in london, so at least it will all be here even if it just sitting here waiting for a number to become available.
My be the november bulitin will show some kind of movment?
lets all hope so.
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delhiguy79
07-18 09:32 PM
if u dont ve employement letter, u can give salary slip, w2, offer letter etc. but if u r not workin for the company i think u ve to show some future employement letter.
Again u need to ve the 140 receipt notice for filing 485 is still a question for u as well as...........
Again u need to ve the 140 receipt notice for filing 485 is still a question for u as well as...........
gk_2000
03-27 10:14 AM
In real life, when resources become less and scarce - even blood relatives fight and kill each other. We here don't even know each other.
Joker from "The Dark Knight" said the same thing. Leave this pattern of thinking. United we stand and divided we fall. I am not talking ONLY to you here.....
Joker from "The Dark Knight" said the same thing. Leave this pattern of thinking. United we stand and divided we fall. I am not talking ONLY to you here.....
raydon
04-25 10:38 PM
In addition to monetary contributions, it would be helpful to call the office of your representative asking them to support the bills being proposed. The representative can be looked up by zip code (5+4 digits format) at this site http://www.house.gov/. If you reside in a representative's congressional district (based on zip code) you are his/her constituent.
Constituent's issues/calls/letters are given priority by the representatives over non-constituents. I became aware of this when participating in the recent lobbying activity. The more number of constituents that call, the more likely is the congressman to give importance to the common issues. The anti-immig groups have been doing this all the time. Now it is our turn to beat them with the strength of numbers.
Please contact the representative when the bills are being taken up. This is very important in order to get support for our issues.
More power to IV. Let's get this done.
-----------------------------------
IV MA chapter
Recurring monthly contribution $50.
Participated in the DC lobbying activity
Constituent's issues/calls/letters are given priority by the representatives over non-constituents. I became aware of this when participating in the recent lobbying activity. The more number of constituents that call, the more likely is the congressman to give importance to the common issues. The anti-immig groups have been doing this all the time. Now it is our turn to beat them with the strength of numbers.
Please contact the representative when the bills are being taken up. This is very important in order to get support for our issues.
More power to IV. Let's get this done.
-----------------------------------
IV MA chapter
Recurring monthly contribution $50.
Participated in the DC lobbying activity
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