immigration1111
06-11 10:35 PM
Hi,
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
One of my friends got fired from a company and the company made him to sign a document that he was resigning. This guy somehow signed it so that he could get his salary. The employer eventually paid him the salary after signing the resignation document.
Few questions about his H1B visa.
1. How many days can he legally stay in the US before he finds one more job gets new H1B.
2. Can he transfer his H1B visa to a new company or does he need to apply for a new H1B visa (which is within the cap)?
3. Incase if he doesn't find a job within the legally permitted time, what are his options apart from going back?
4. Will he have any problem when he tries to transfer his H1B after the legally permitted time?
I would really appreciate if anyone can please help me with this questions.
Thank you very much!
wallpaper new ride for 2011 rip gasm
Hermione
09-27 11:09 AM
Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
asdqwe2k
01-21 05:52 PM
http://news.yahoo.com/s/nm/20070121/pl_nm/usa_immigration_dc
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
U.S. companies are also clamoring for more H1B visas to allow foreign software engineers and other skilled workers into the country.
The 65,000 visas allotted for 2007 were taken by the end of May last year, months before the end of the fiscal year in September, said Jack Krumholtz, the head of Microsoft Corp.'s government affairs office. It is also difficult to get permanent U.S. residency for foreign workers who would like to stay, he said.
"This is becoming for high-tech companies a huge retention issue," Krumholtz said. "We will start to see highly valued tech employees emigrate back to their home countries."
2011 six flags great adventure map
vnsriv
11-14 02:32 PM
My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
NO
The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.
I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.
Any inputs from people with similar experience?
NO
more...
pnjbindia
07-20 12:08 AM
Gcfever007,
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
tmskhan
05-25 02:18 PM
thanks dude..
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
Yes I contacted one of the agents I found on the internet (mexico assistance) who arranged the trip and the hotel accomodations on both sides of the border. I carried all the documents that are usually asked for stamping but the VO wanted to see only my employement verification letter.
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
Yes I contacted one of the agents I found on the internet (mexico assistance) who arranged the trip and the hotel accomodations on both sides of the border. I carried all the documents that are usually asked for stamping but the VO wanted to see only my employement verification letter.
more...
kaisersose
05-07 01:26 PM
By virtue of your pending 485, you can stay unemployed for any length of time. But if/when CIS asks you for proof of a bonafide job offer, you should have one. Looking for a job at that time will not work.
2010 six flags great adventure map
vin13
09-30 09:55 AM
Thanks Chanduv23...this really helps to keep up the spirit.
Does anyone know how long does it take to get the mail?
Does anyone know how long does it take to get the mail?
more...
waiting4gc
04-15 04:42 PM
Its nice to see good news from more and more people. Enjoy your new found freedom!!
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
hair six flags great adventure map
mmandal
06-08 12:18 PM
Chanduv23 wrong on both counts:
"For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain."
No one is "tearing families." Restricts family immigration to just spouses and children under 21. No more uncles, aunts, nephews and nieces. If people want to come they need to on their merits. Think about LPRs who have to wait years on end to even get their spouses in.
"And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope."
No one said CIR failing was good for us because it provided relief for illegals. No jealousy here sir. We wanted CIR to fail because in 'saving' illegals it screwed us. If the illegals took a risk in breaking the law its their burden to bear. Moreover, asking the basic question of why illegals and why not legals should be a part of debate. I believe, our interest is best served by strongly differentiating ourselves from the illegals. Lets do without the socialism.
"For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain."
No one is "tearing families." Restricts family immigration to just spouses and children under 21. No more uncles, aunts, nephews and nieces. If people want to come they need to on their merits. Think about LPRs who have to wait years on end to even get their spouses in.
"And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope."
No one said CIR failing was good for us because it provided relief for illegals. No jealousy here sir. We wanted CIR to fail because in 'saving' illegals it screwed us. If the illegals took a risk in breaking the law its their burden to bear. Moreover, asking the basic question of why illegals and why not legals should be a part of debate. I believe, our interest is best served by strongly differentiating ourselves from the illegals. Lets do without the socialism.
more...
shirish
02-23 02:32 PM
who really cares what they put up on those stupdi dates,
they can make up anything and call the that as a law, no body to question them, not checks and balances
Thats true, When my I-140 was approved, as per the site my date was atleast 2 months away, but i received the approval notice. :)
they can make up anything and call the that as a law, no body to question them, not checks and balances
Thats true, When my I-140 was approved, as per the site my date was atleast 2 months away, but i received the approval notice. :)
hot six flags great adventure nj
Michael chertoff
03-28 06:49 PM
Wait for ITIN to be processed and once get the ITIN amend your tax filing.
you seems to know everything man...whats your PD sir.
you seems to know everything man...whats your PD sir.
more...
house six flags magic mountain map
jamesbond007
05-21 01:05 PM
Question to Carl:
Can a H1 be applied for the father now? (If he has I140 approved, would this new H1 be cap exempt?) There by all his family can avail the dependent H4 and be together?
Can a H1 be applied for the father now? (If he has I140 approved, would this new H1 be cap exempt?) There by all his family can avail the dependent H4 and be together?
tattoo 2011 six flags great adventure
saurav_4096
04-12 09:38 AM
Gurus,
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
Please help me guiding in my situation:
I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.
I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
They had sent me a questioner about previous employer about salary being paid etc.
I am not sure what should I be doing in this situation:
If I reply with all facts this might effect my pending H1B status for new employer.
If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.
Third Option could be that I do not respond at all
[They had mentioned that I am NOT required to respond.]
I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.
Thanks
Saurav
more...
pictures six flags great adventure 2011
looneytunezez
04-08 04:17 PM
Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
China: none to three weeks expected through July. No August or September estimate is possible at this time.
India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.
The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.
Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
China: none to three weeks expected through July. No August or September estimate is possible at this time.
India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.
The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.
dresses six flags great adventure 2011
moonrah
06-13 06:03 PM
does it mean, it was not discussed at all and it is going to be discussed next week?
more...
makeup six flags great adventure nj
anantc
12-18 03:55 PM
Yes,
I would also like to the H3 and L1/B1-B2 processing from F1(OPT) for the intermediate period of OPT(May end) to H1 (Oct 1st).
Can anyone on this forum let me know what is the process & requirements for these to stay in US during those 4 months..
:confused: Thanks.:confused:
I would also like to the H3 and L1/B1-B2 processing from F1(OPT) for the intermediate period of OPT(May end) to H1 (Oct 1st).
Can anyone on this forum let me know what is the process & requirements for these to stay in US during those 4 months..
:confused: Thanks.:confused:
girlfriend six flags great america park
leoindiano
03-17 10:45 AM
and years too...I am talking about cases with india-2004-PD only.
EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...
EB3 to EB2 porting, we can worry less about that. these cases needs quite a research. and USCIS capabilities in that area are open for debate....they look for low hanging fruits(read as straight-forward cases) which are easy to be approved...
hairstyles six flags great adventure
yodamom
August 27th, 2004, 08:08 AM
I agree with Anders - I want my phone and my camera to be separate. Picking up my phone to take a pic makes about as much sense to me as picking up my camera to call someone.
chanduv23
08-29 10:37 PM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
logiclife
01-05 05:07 PM
As of yesterday, there was a collection of $5000. We need much more than that.
The details of contributions and fund-raising can be found at the "Why Contribute" link of the home page.
http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
Everything here is transparent. Please sign up as volunteer so we can have you more involved besides receiving money. That will also build your trust and in return your volunteer work will help everyone too.
logiclife.
The details of contributions and fund-raising can be found at the "Why Contribute" link of the home page.
http://www.immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25
Everything here is transparent. Please sign up as volunteer so we can have you more involved besides receiving money. That will also build your trust and in return your volunteer work will help everyone too.
logiclife.
No comments:
Post a Comment