werc
03-28 03:22 PM
So a person on H1B goes onto a H4 and wants to come back onto a H1B 3 months down the line. As per your statement , the person is subjected to the cap. Was that what you were implying ?
I think you were referring to this in the link.
b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)
I understand this to mean that aperson who has spent a year outside the US has 2 options.
1. To apply for a new H1 (subject to the cap)
2. To use the remainder of the 6 years he has from his prior H1B.
Please correct me if I am wrong.
If you don't have 1 year gap. otherwise you are subjected to.
I think you were referring to this in the link.
b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)
I understand this to mean that aperson who has spent a year outside the US has 2 options.
1. To apply for a new H1 (subject to the cap)
2. To use the remainder of the 6 years he has from his prior H1B.
Please correct me if I am wrong.
If you don't have 1 year gap. otherwise you are subjected to.
kiru_99
10-30 02:25 PM
I called the USCIS they told me that it is rejected b'couse of Filing Fee. I left a message to my lawyer & my employer they didn't get back to me yet. Waiting for there reply
jetr
08-27 12:25 PM
Can you please Post the Dates of when you applied for I-140 & when you were APPROVED.
Thx
140 Applied - 10/18/2007
140 Approved - 08/02/2008
H1 6 yr expiry - 03/23/2009
Thx
140 Applied - 10/18/2007
140 Approved - 08/02/2008
H1 6 yr expiry - 03/23/2009
SeanDell
06-02 09:29 PM
Hi,
I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:
1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?
2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?
3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?
I would highly appreciate the replies.
Thanks.
Hi......Can any of the lawyers please shed some light on this?
I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:
1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?
2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?
3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?
I would highly appreciate the replies.
Thanks.
Hi......Can any of the lawyers please shed some light on this?
more...
sayonara
08-30 06:19 PM
1-800-375-5283 (press 1-2-2-6-2-2-1 at the prompts)
Most likely, you will be asked to just wait for 90 days from the date of filing before someone can look into ur status...but good luck anyways !
Most likely, you will be asked to just wait for 90 days from the date of filing before someone can look into ur status...but good luck anyways !
CADude
10-30 03:00 PM
Please contact CIS Ombudsman office with Scaned copy of Delivery Receipt(USPS/FedEx/UPS) @ cisombudsman.publicaffairs@dhs.gov
Also signup for his Nov 2nd coference call.
Last but not least, write to your congressman/senator/director NSC/Joint-Intake
Thank you.
Also signup for his Nov 2nd coference call.
Last but not least, write to your congressman/senator/director NSC/Joint-Intake
Thank you.
more...
nhfirefighter13
January 17th, 2005, 06:45 AM
I like 2,3,and 4. Good job, Anders!
babu123
08-29 12:33 PM
I checked my bank account today. The checks got encashed.
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
USCIS issued receipt notice on Aug 27th. Checks were encashed on Aug 28th.
more...
magician7989
09-05 05:01 PM
You can not be serious about this!!
Anders �stberg
January 17th, 2005, 09:58 AM
Nice job Anders. 2,3,4 and 5 are the best of these I believe. You're exactly right about practice. The more you shoot the better you will get, as you are demonstrating. Patience and alertness are the key as well. When you can't control what's happening, you have to anticipate, and be alert to catch in when it happens. Shooting from the penalty box allows from some great shots. Be alert in there though. The first time I did that a puck whistled by myhead. Thank goodness I ducked and moved my head. Water from the ice was literally on my ear and the puck hit behind me. I would have hit me square in the head.
Thanks Steve!
Something I need to get a grip on is post processing and white balance...
Pucks are scary... A couple of games back it was a bit too hairy for comfort. The arena had plexi everywhere except just next to the players' boxes on the opposite from where I'm used to standing. I talked my way onto a high bench next to one of the teams, and this was apparently the place the defenders tended to clear pucks. :) I had three flying quite close, two of which I saw and could duck, and one I completely missed while looking in the camera. One of the "water girls" with the team told me it hit the wall beside me and bounced out the other side. :o I'm wondering if maybe I should have a helmet on.
Thanks Steve!
Something I need to get a grip on is post processing and white balance...
Pucks are scary... A couple of games back it was a bit too hairy for comfort. The arena had plexi everywhere except just next to the players' boxes on the opposite from where I'm used to standing. I talked my way onto a high bench next to one of the teams, and this was apparently the place the defenders tended to clear pucks. :) I had three flying quite close, two of which I saw and could duck, and one I completely missed while looking in the camera. One of the "water girls" with the team told me it hit the wall beside me and bounced out the other side. :o I'm wondering if maybe I should have a helmet on.
more...
krajani2007
08-15 03:18 PM
Unless:
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
__________________
-------------------
Contributed $100.00
DC Rally
Labor Applied: June'08
i) Has company A paid you all your wages?
If there is a window when you were not paid, they wouldn't even think about suing you.Become a whistle blower, Complain to the DOL if you were not paid prevailing wages.
===> Since I am working on hourly basis, My wages are high compared to LCA wage. However I was not paid 3 weeks on Bench.
ii) Content of Non-Compete agreement:
If the Non-Compete agreement is overly restraining, it is not valid. Check the statements. If it says more than 2 years, and no geographical limits, it is not valid. Does it say you cannot join B or you cannot join any end-client ?
===> Contract says I cannot join clients client or End client , Direct or indriect. There is no geographical Limit and it is for 1 year.
iv) LCA for new work location:
If you work for more than 6 months in a county, new LCA should be applied for that location.
===> I guess the LCA is there as I am working for 3 years in the same area (Different County). I found both the projects myself.
Try to negotiate with A. Usually these lawsuits don't run their course.
Attorney fees are: minimum 2k just for consultation. 5k if A comes to negotiation after lawsuit. 10-15k if it goes to trial. So instead of paying the attorney , you could pay A and get away.
If all fails, You MUST consult an attorney.
IMHO, you should've consulted before you took the job.
===> Never realized that the clause existed until they mentioned (Working with same company for 4 years)
__________________
-------------------
Contributed $100.00
DC Rally
Labor Applied: June'08
TeddyKoochu
01-06 08:43 AM
All depends on spillover; it’s basically "NO SPILLOVER NO CHANGE". So just hoping for spillover to happen. I believe that the current bulletin might just come out late this week or early next week.
more...
desibechara
08-02 12:15 AM
depends on what the job required per your labor cert. If it said 2 years, then even if you have 36 years of industry experience you need experience letters for only 2 years.
If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.
It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....
Does it matter..Do you think it really matters..
let me know..otherwise I really have to worry about RFE
DB
If you are going for EB2 and your LC says MS+1 year of experience, you need experience for 1 year. If your LC said BS+5 years you need 5 years worth. If your LC said the job requires expertise in VC++, your experience letter must mention VC++.
It is EB3 (PD 2001) and Lc did say that 3 years of experience and my first job almost have 2 years 8-9 months of experience. So I was thinking that USISC should not mind for letter of eperience for 3 remaining months..Current job ..I have been working now for 6.5 years....
Does it matter..Do you think it really matters..
let me know..otherwise I really have to worry about RFE
DB
raajpagare
04-09 05:00 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.
I am not sure what purpose do we serve by being rude to somebody on the forum. People might not be as savvy about immigration as some of the regulars here and it never hurts to ask.
From my owen experience, I went to Puerto Rico and everybody told me you dont need a passport to go there. While boarding the plane back from PR, a couple of CBP guys acame and started asking everybodies citzenship and then asked me to show them the visa. So it never hurts to be safe, even when u are travelling to a remote state or territory.
I am not sure what purpose do we serve by being rude to somebody on the forum. People might not be as savvy about immigration as some of the regulars here and it never hurts to ask.
From my owen experience, I went to Puerto Rico and everybody told me you dont need a passport to go there. While boarding the plane back from PR, a couple of CBP guys acame and started asking everybodies citzenship and then asked me to show them the visa. So it never hurts to be safe, even when u are travelling to a remote state or territory.
more...
jingi1234
08-20 09:51 AM
Here is the link for that document..
http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf
Wow...thanks for the url...this is what I need.
Also after responding to RFE and if September bulletin retros EB2...will our case be considered for GC or no?
http://www.uscis.gov/files/pressrelease/H1BExtend_07_23_04.pdf
Wow...thanks for the url...this is what I need.
Also after responding to RFE and if September bulletin retros EB2...will our case be considered for GC or no?
mbartosik
03-12 03:33 PM
I am in ROW, EB2 if they processed the interfiling, EB3 if not, with a PD of Dec 2002, and receipt date of 5 May 2007.
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.
Even on EB3 my PD is now current.
When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.
So here is my plan...
On Thursday call again. Raise another service request?
Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
On Thursday go see Congressman's office.
Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.
When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.
Any comments please?
more...
ras
09-19 01:39 AM
Do you have any idea of my presence or absence at the rally? What is that you want to know and say. You seem to have joined recently and started shouting others. With out even knowing the facts don't go crazy..
How many people did you get to todays rally by the way.. Is it more than 100?
hello ras,
did u show up today at the rally man?
why don't you show this to congressman
why show us your inventions about GC fourth law ?
and other people like us who can't make decision and change the law?
after gc wud u like to invent citizenship formula
try to get some 50 eople in the next rally
Thanks
How many people did you get to todays rally by the way.. Is it more than 100?
hello ras,
did u show up today at the rally man?
why don't you show this to congressman
why show us your inventions about GC fourth law ?
and other people like us who can't make decision and change the law?
after gc wud u like to invent citizenship formula
try to get some 50 eople in the next rally
Thanks
gsthantry
12-31 05:17 PM
+1 from Dallas
nfinity
07-01 07:52 PM
I am in as well. If they play games with peoples lives, USCIS does need to be sued.
diptam
08-13 11:18 AM
Thanks for the update - Lets give them 1 more week for clearing July 2nd.
They are human beings too like us.
By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?
Thanks!
Here is the update we were expecting to see on Aug 10th and now available (be first one to see): http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
I-140(8/3) I-485(8/3)
NSC 7/1 7/1
TSC 7/30 6/26
I-140(8/10) I-485(8/10)
NSC 7/1 7/1
TSC 7/31 6/28
NSC no progress at all
TSC 1day for I-140 & 2days fro I-485
PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....
They are human beings too like us.
By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ?
Thanks!
Here is the update we were expecting to see on Aug 10th and now available (be first one to see): http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf
I-140(8/3) I-485(8/3)
NSC 7/1 7/1
TSC 7/30 6/26
I-140(8/10) I-485(8/10)
NSC 7/1 7/1
TSC 7/31 6/28
NSC no progress at all
TSC 1day for I-140 & 2days fro I-485
PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....
krishna_brc
05-05 11:27 AM
Here is my story, Immigration experts are requested to suggest.......
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
EAD extension is solely based on Pending 485, so you should'nt have any problem.
Since you started working on EAD invoking AC21 i don't think you are on H1 status anymore.
Again i can be wrong. Please take an expert attorney's advise.
Thanks,
Krishna
What should I do now ? Will this H1 extension rejection become an
obstable in getting I-485 approved ? Will there be any problem in getting
third extension of EAD if I-485 is still pending ?
Should I appeal this case by submitting all the end client contracts ? But I have
used EAD ...........I have good relation with Employer A and am assuming he will
not revoke my I-140.
Experts please suggest........
EAD extension is solely based on Pending 485, so you should'nt have any problem.
Since you started working on EAD invoking AC21 i don't think you are on H1 status anymore.
Again i can be wrong. Please take an expert attorney's advise.
Thanks,
Krishna
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