clif
03-17 04:47 PM
While on H1B with Employer A, can I use EAD for 2nd job with Employer B?
Also, can I work as independent consultant/contractor (get 1099 instead of W2) while working on H1B with Employer A?
Also, can I work as independent consultant/contractor (get 1099 instead of W2) while working on H1B with Employer A?
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ragool25
08-16 03:27 PM
Hi,
I am OPT Student ( STEM Extension), I got a full time job in May & joined the company, Before joining the company knows that i am OPT Student.
After a week, I came to know that company was not e-verified company, still working with them on OPT...& asked them to apply for H1.
My company dont want to everify at this point, since they will make many new hire & dont want to add additional steps in hiring.
We filed H1 start as Oct 1, 2010, though i joined in May , also i did not inform my school my new Job.
They applied for H1 through premium processing & Got an RFE. I asked the attorney what is about RFE, she told its about
'' they are requesting verification that you really are an employee of my company and how my company h has control over my work. The deadline for the information to be sent back is September 22, 2010.
Can anyone advise me, how i can prove myself in this case.....
what are chances !
Please post your valuable thoughts & exp.
thanks.
I am OPT Student ( STEM Extension), I got a full time job in May & joined the company, Before joining the company knows that i am OPT Student.
After a week, I came to know that company was not e-verified company, still working with them on OPT...& asked them to apply for H1.
My company dont want to everify at this point, since they will make many new hire & dont want to add additional steps in hiring.
We filed H1 start as Oct 1, 2010, though i joined in May , also i did not inform my school my new Job.
They applied for H1 through premium processing & Got an RFE. I asked the attorney what is about RFE, she told its about
'' they are requesting verification that you really are an employee of my company and how my company h has control over my work. The deadline for the information to be sent back is September 22, 2010.
Can anyone advise me, how i can prove myself in this case.....
what are chances !
Please post your valuable thoughts & exp.
thanks.
amsgc
01-23 11:23 AM
Let me start my saying that H-1B status and H-1B visa are, somewhat related, but two different things.
If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.
Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.
Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.
If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (http://immigrationvoice.org/forum/showthread.php?t=16506)!
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.
Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.
Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.
If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (http://immigrationvoice.org/forum/showthread.php?t=16506)!
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
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sukhyani
10-04 10:16 AM
Anybody? Any thoughts? Does it mean they are processing his case?
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pappu
03-15 08:48 PM
You may consider filing a lawsuit for delays. Talk to a good litigation lawyer.
Read my earlier post
http://immigrationvoice.org/forum/showpost.php?p=228068&postcount=8
Read my earlier post
http://immigrationvoice.org/forum/showpost.php?p=228068&postcount=8
justAnotherFile
06-29 12:36 AM
he is just fooling you.
he means he will send out the package (file) on July 2 and it will reach USCIS on July 3. there is no other way to do it
he means he will send out the package (file) on July 2 and it will reach USCIS on July 3. there is no other way to do it
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tarone
11-28 05:22 PM
Hi,
There is wrong priority date on my Labor Certification approval. They
put 2001 instead of 2002 .
It looks they apparently mixed date with some other candidate who have
similar name as mine. They lost his case and put his priority date on mine.
Now can somebody tell me what are my options?
I can not file if the priority date is correct on LCA. But If I apply
for 1-485 using this wrong date, it may be risky because if they find
the correct date it may be problem.
Therefore, I don;t want to take any risk, I just want to apply for
I-140 but should I contact LABOR OFFICE to fix the date and then submit
the application for I-140. Unfortunately Labor Office is not replied
yet on my request to fix this issue.
Any Advice.
There is wrong priority date on my Labor Certification approval. They
put 2001 instead of 2002 .
It looks they apparently mixed date with some other candidate who have
similar name as mine. They lost his case and put his priority date on mine.
Now can somebody tell me what are my options?
I can not file if the priority date is correct on LCA. But If I apply
for 1-485 using this wrong date, it may be risky because if they find
the correct date it may be problem.
Therefore, I don;t want to take any risk, I just want to apply for
I-140 but should I contact LABOR OFFICE to fix the date and then submit
the application for I-140. Unfortunately Labor Office is not replied
yet on my request to fix this issue.
Any Advice.
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eilsoe
05-02 04:49 PM
lmao :lol:
nice one :P
nice one :P
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trueguy
09-24 11:56 AM
Mumbai embassy has corrected the Priority Date for EB3-I and now it matches with Visa Bulletin:
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
Cut Off Dates- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/cut_off_dates.html)
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glus
03-27 07:47 AM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
Nothing. The employee must have EAD. That's all. Also, the employee should, but does not have to, ask for a letter with duties to be sent to USCIS to keep USCIS informed of the change.
more...
eb3retro
09-24 08:40 AM
first thing first update your profile.
Hi Experts,
On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.
They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.
Thanks,
--Bala
Hi Experts,
On July 8th I filed my EAD. I never got any Finger Print Appointment from USCIS. I have been constantly trying to reach them about my FP appointment. But, on Sep 20TH I got a notice saying my petition has been denied because I have not appeared for my FP on Aug 3rd.
They asked me to file a motion, my confusion is should I file a motion or should I reapply. Which one makes it easy and fast to get my EAD ASAP.
Thanks,
--Bala
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forgerator
05-19 07:01 PM
Welcome to the length/hassle prone/worry-filled process of obtaining the H1B Visa Stamp!
more...
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wandmaker
11-03 02:36 PM
Fastest way to move to H4 is goto India and get your H4 stamped or file I539 for COS to H4. If you apply for COS to H4, you application will be in pending state considering all the backlogs as VSC/CSC. You can move to H1 whenever you wish and you will not be counted against quota, provided you have not exceeded the 6 year limit.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
Hope this helps.
Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.
Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?
Is is better to file for H4 from USA itself or to go to India and do it?
Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?
Please assist me.
Thank you in advance.
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irukandji
03-24 01:57 PM
Titles doesn't have to match exactly as long as it is in same/similar occupation.
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Becks
02-23 09:40 PM
Start renewing your passport asap. Its not a good idea to send expired/to be soon expired passport to USCIS. We will never know what kind of questions they ask. So my advise is please renew the passport asap. It takes max 2 weeks (Indian passport not sure about other countries).
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sampath
04-17 09:21 AM
www.immigration-law.com
04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD
USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.
04/17/2006: CIS Ombudsman Recommends USCIS Director to Issue Multiple-Year EAD
USCIS has already enacted a regulation that allows the Service Centers to issue multiple-year EAD. However, this regulation has not been implemented by the USCIS because of its impact on the USCIS revenue. The Ombudsman wrote on March 20, 2006 his recommendation to Dr. Emilio Gonzalez, Director of USCIS to implement this regulation on the ground that multiple-year EADs would substantially reduce the USCIS immigration benefits workloads and that if impact on the revenue was the hangup for the failure to implement the published regulation which is a binding rule, the USCIS might consider raising the EAD application filing fees. Multiple-year EAD will relieve the customers from substantial inconvenience and hassle each year. The statistics also strongly support the Ombudsman's statement that issuance of multiple-year EAD would reduce substantially the USCIS workload. For instance, the February 2006 monthly immigration statistical report indicates that the total receipts of entire applications and petitions numbered 409,893, out of which EAD applications numbered 100,051, during one month in January 2006. It means one-fourth of total immigrantion benefits applications and petitions were taken by the EAD applications! This reporter strongly and without any reservations supports the Ombudsman's recommendation and justification! This reporter urges Dr. Gonzalez to implement the regulation as soon as possible.
The CIS Ombudsman also recommends the USCIS to issue EAD valid as of the date of the current EAD expiration rather than the date of approval. Current practice has raised pains and aches to the I-485 waiters in two areas: Potential gap between the date of expiration of current EAD and the date of approval of extension of EAD, and loss of some period of existing EAD when the EAD renewal is issued a few months earlier than the expiration date of the current EAD. Again, we strongly support this recommendation as well. For the memorandum of the Ombdudsman addressed to the Director of USCIS, please click here.
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gxr
10-03 06:56 PM
Sorry folks, the question may have been asked before.
Does I-140 have to be approved before using AC21? In my case, I140 has been pending for 1 year now, but got EAD recently.
If I use AC21 to move to a new job in 6 months, can employer pull out the I-140 ?
Any workarounds?
Does I-140 have to be approved before using AC21? In my case, I140 has been pending for 1 year now, but got EAD recently.
If I use AC21 to move to a new job in 6 months, can employer pull out the I-140 ?
Any workarounds?
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eagle2020
05-11 01:23 AM
I have a B1/B2 visa that I'm thinking about coverting into F1 visa when I get into the US I just have few questions:
1- How long does it take to convert the B1/B2 visa into an F1 visa?
2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?
Thank you very much for answering!!!
1- How long does it take to convert the B1/B2 visa into an F1 visa?
2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?
Thank you very much for answering!!!
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sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
lost_angeles
03-01 06:07 PM
Hi,
I am relocating to a different city and my current employer, who started my Green Card process, is ready to offer me job as a consultant. This would be a tele-commuting / remote position. I would be paid on an hourly basis -- 40 hours per week.
I am currently on H1B visa, but also have a valid EAD.
Would accepting this offer be ok for my ongoing green card process? Any ideas on how I can approach this offer? Or would I be better off looking for a another permanent position with some other company.
Would you please let me know your thoughts.
Thanks!
I am relocating to a different city and my current employer, who started my Green Card process, is ready to offer me job as a consultant. This would be a tele-commuting / remote position. I would be paid on an hourly basis -- 40 hours per week.
I am currently on H1B visa, but also have a valid EAD.
Would accepting this offer be ok for my ongoing green card process? Any ideas on how I can approach this offer? Or would I be better off looking for a another permanent position with some other company.
Would you please let me know your thoughts.
Thanks!
gsc999
07-31 11:09 PM
Hi,
I have already posted this news on News thread -3:
http://immigrationvoice.org/forum/showthread.php?t=4805&page=58
Please don't open new threads for news stories that are already posted elsewhere on the forum.
I have already posted this news on News thread -3:
http://immigrationvoice.org/forum/showthread.php?t=4805&page=58
Please don't open new threads for news stories that are already posted elsewhere on the forum.
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