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smartboy75

07-17 06:29 PM

Get back to work....next you would come up with the idea of personally visiting her....lets no get overboard....send in a thank you note..

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NikNikon

August 14th, 2006, 11:01 PM

D15, you may find some useful info in this thread as well: http://www.dphoto.us/forum/showthread.php?t=5886

Problem with H1 Employer [Archive] - Immigration Voice

View Full Version : Problem with H1 Employer

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mena

11-26 03:03 PM

I asked my Lawyer and she told me it's

NSEERS is the official name of the special registration program

and I have to show the proof that I registered during special registration. It's something started back in 2001. I think I didn't send my old I-94 and passport copies on which there is a stamp that I did went for that registeration.

So have provided that information to my Lawyer. I hope it covers what USCIS is asking for.

Thanks

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natrajs

04-15 11:19 AM

I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).

Congrats and Best Wishes

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ras

10-25 10:20 PM

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Raj_2009

12-16 03:37 PM

Hi experts,

I need some expert advice for H1B transfer case and vacation plan.

Background:
I am working with the current employer A who has processed my Green card(I-485 pending; I-140 approved ; EAD and AP document applied & received). It was going fine and I even had planned to go to Vacation to India at the beginning of January and even I have blocked the tickets and got the HDFC payment Bar code for H1B stamping(2 years left in 6 yrs period). Before booking the H1B visa interview, now I have got the situation that my client has decided to stop the contract by December end. But the client has offered that there is an employment opportunity to join the client.

Though my I-485 is pending and received EAD and AP documents, I still want to do the H1B transfer with AC21 portability. Now comes the complicated situation. Since I already planned for vacation after 3 years time gap, I wanted to go ahead without affecting my visa stamping and reentry to US. I decided to start the H1B transfer in premium processing with new Employer even before leaving US and planned to get the Visa stamped with the current employer A in Chennai assuming that I am still with the current employer . In this regard I had an attorney opinion also.

Legal opinion
But my attorney says that

1. If you get your H1B stamped with your old H1B, then you should have intent to continue with employer A after reentering US and join(H1b transfer) the new employer B only in the future time, not immediately entering US.
2. If you want to stamp H1B for the new employer B, then you can get the Visa stamped with employer B and then once reenter in US, I can join the new employer B immediately.

Questions:

But, for me, to cope up with the current economic situation, I need to go to India and come back and join the new employer B with the already approved new H1B with the employer B. But I want to get my H1B Visa stamped with the current employer A and then join here in employer B as soon as I come back to US from vacation. This way, I do not need to worry about the paystubs with the new employer.

I have few below questions regarding the situation that I have. Kindly answer my questions..

1. Can I go to Chennai consulate and get my new employer H1B stamped even with out joining the new employer B and with out any paystubs(not yet joined). In this situation, can I get the get the H1B visa stamped with out joining and no paystubs.
2. What if I start working with the employer B as soon I reentered US(after 2-3 days of reentry). Is this illegal / against the INS rules? Will this create any issue with my future Visa renewal or any GC card processing?

3. Will there be any question by the US consulate in Chennai about the new H1B approved(not yet joined) before we left US? Do they have any system which shows them during interview that there is another H1B already processed and approved though we have not joined then at the time of stamping in Chennai US consulate. What kind of answers should be given to them at that time?
4. Will there be any question in the port of entry in US when we reenter with the old H1B stamping. Someone suggested that when transferring new H1B your I-94 will also be sent with that. So, in the future you will have two I-94s(one given at POE and the other one given with new H1B approval notice. Is this situation illegal?.
5. In the worst case scenario, what if old H1B stamping fails? I have my AP document also. Can I enter USA with my AP document in case if the US consulate in chennai fails to stamp for my Old H1B visa?
6. Important - Can I join the employer B before leaving for vacation and then within 15 days, can I get the new employer letter for employment and then go to Chennai consulate for the New H1B visa stamping? I know that we do not have paystubs in this case. But we can get the employment letter from the new employer B. Is this the right situation or risky situation.

Kindly provide your honest opinions so that I can take my decision for my future.

Thanks,
Raj

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leo2606

10-15 09:48 PM

Yes but where did you do your Bachelors and in what?
Reason I am asking is, I have seen I-140s got rejected for some folks where the person did 3 years Bachelors or AMIE eventhough they had MS in USA (Specially with EB-2 cases).

No I did MS in computer Science from here only

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pmamp

04-19 08:03 PM

It ought to have some impact on members of Congress.

Atleast somebody talked abut legals and their problems...Here's the link..

http://www.uschamber.com/issues/lett...sa_program.htm

=================TEXT========================

Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

April 12, 2007

TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:

The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world�s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a �computer-generated random selection process� to determine which of these needed workers will be excluded.

Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers�from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country�s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
Raising the EB cap and exempting specific highly skilled professionals in
sciences, arts, business, and other critical fields from the final allotted number.
Allowing foreign students who have earned advanced degrees from American
universities, as well as from foreign universities, in science, technology,
engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
visa cap numbers.
Designing the H-1B visa cap numbers around a market-based annual adjustment,
rather than an arbitrary fixed number.
The creation of an entire new visa category that would allow STEM students,
studying in the United States on a student visa, to seamlessly transition to a green
card when offered a job.
The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

Sincerely,
R. Bruce Josten

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wandmaker

03-14 06:11 AM

Friends,
Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:

Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
Please mail any of your queries to our customer support team at

Also the remittance options menu has disappeared.

SBI is working to complete statutory formalities, it will take about 10 to 12 weeks to enable "Express Remit" option. You may have to use alternate options until this gets enabled. Hope this helps!

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watzgc

05-27 05:29 PM

my receipt date is Jul 14th 2007 , got RFE Mar 09th 2008 and replied to RFE Apr 09th 2008 and still waiting.... wat say with u all waiting just 4-5 monts.. thanks,

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Dhundhun

06-08 01:36 PM

Dhundhun,
Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
Thanks again

This site gives broad description of EB1 and its classification:
http://www.visaus.us/pages/greencard-EB1.htm

This is speciality area for lawyers: Can they put in EB-1(b) catagory, which is dependant on research/publication or EB-1(c) if on very senior management?

I think enough publications are required for EB-1(b), my couple of my friends with PhD could not get enough evidence to be placed in EB-1(b).

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bp333

07-17 08:06 PM

Great job folks. Justice Prevails!

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shantanup

04-08 12:17 PM

This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.

Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?

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transpass

08-04 11:34 AM

Yep, how about a rally in front of Nebraska Service Center ;)

Yeah, may be a cycle rally...:p

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Ramba

08-07 08:31 PM

Thanks. Yes, I am an Indian citizen.

Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?

---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.

In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.

If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.

---

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fatjoe

09-05 10:28 AM

Thanks Divakar for your prompt response. Could we say that it has been 90 days since we filed, when it is actually only 50 days.

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ganguteli

03-22 01:13 AM

Your experience in current job may not add up as experience.

But do not go by that. What is the requirement of the job for which labor will be filed?

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uffyegc

10-16 02:51 PM

Hi,

My friend is in a unique situation and needs help. Please guide him with his queries.

**************************************************
I'm in USA on H1B since Apr-17-2004 with out any break. I'll complete my 6 year stay in USA H1B by Apr-16-2010.

My current H1B & I-94 extension was applied on Jun-06-2008 (applied in a group) and approved till May-01-2011.

My GC labor was applied on May-29-2008 and approved on Oct-11-2008. But..

We didn't specify about GC labor on H1B/I-94 extension petition.

My GC I-140 was appilied on Nov-12-2008 and approved on Apr-20-2009.

Can you please suggest when should I apply for my next H1B & I-94 extensions (based on 'Apr-16-2010' OR 'May-01-2011') ?
************************************************** *********

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subba

05-30 02:29 PM

People have started saying they would be happy to get GC in 5-10 years.

samnay

07-18 03:33 PM

I have heard that there is a Fiancee visa - K visa or something. Do look into that if you would like to bring in your would-be here before your marriage. To your original question, your strategy sounds cool to me. Marriage etc. are important decisions, that affect you life-long, much more important than stupid GC, work visa etc. I would recommend, follow your strategy, file your I-140 as soon as you can and then wait to get married before you file your 485. Since you are from a non-retrogressed country and EB2, you should not have to worry about backlogs etc. Good Luck.

piyu7444

02-24 03:16 AM

I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.

It is your choice if you want to invoke AC21 or not. A lot of people (like me) do not inform USCIS and change job after 180 day of filing 485 and wait to either get GC or to get an RFE.

Some people dont want RFE at the time when PD is current for them and hence send out letter to USCIS about job change invoking AC21.

There is no right or wrong thing and one choses what he/she feels good about + whatever attorney suggests. You can decide for yourself what you want to do.

------------I am not a lawyer so this is per my limited knowledge -------------------

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