smisachu
12-19 10:26 AM
Do we have to carry all the Tax filing papers or just W2 is good enough?
I am planning to go for stamping in Jan. Thanks in advance for the input.
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
I am planning to go for stamping in Jan. Thanks in advance for the input.
Rather than taking inputs from forum members on the documents required, I recommend go to Consulate website or vfs website to find the list of documents. Ex: http://chennai.usconsulate.gov/work_visas_h_l.html
Yes, carry all your AOS related documents. Please note that, you cannot expect passport immediately after stamping. This is due to extra PIMS clearance introduced recently. In my case, my passport with visa stamp reached me only after 10 business days. So please have that extra buffer in your travel schedule.
After going through the nervousness of waiting for passport I felt it would have been better if I did not go to stamping in first place. Just travelled on AP would have been wise decision.
wallpaper bible quotes on strength and courage. quotations qoutes ible in
anirudh74
05-03 12:27 AM
janakp, why do you have to post your stupid reply to every single post.You are acting like a policeman at stoplight, trying to direct everyone.
shahzaib616
05-17 06:41 PM
I have posted this in another thread within this forum, however because of the numerous amount of questions and answers posted on that thread, I fear that my post will be overlooked or unconsidered. Thus, I have reposted it as its own thread.
Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
For everyone else, please read below for my story/question.
"Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib"
Moderators, if I have done something in violation of the forum rules by posting the same post on two threads, please do not hesitate to remove the thread. It was not my intent to violate any forum rules.
For everyone else, please read below for my story/question.
"Before I begin with my question, allow me to give you a brief overview of my case:
In the year 2000, I initially filed for Labor Certification.
In 2004, I received approval of my application for Employment Authorization (I-765).
In 2005, I was sent a letter from the USCIS indicating that my application was rejected because I failed to file my case prior to a certain date issued by the USCIS.
Pretty straightforward, right? Wrong. You see, in the last letter I was sent by the USCIS it states that I failed to file my case promptly enough; I filed my case nearly a year before the deadline was set!
My lawyers and I have attempted to appeal the decision, however our attempt has been futile: our request for appeal has been denied.
I am unsure of what to do now... It is apparent that the USCIS messed up, but I cannot think of any way to reopen my case and prove it. My attorney has presented me with two options - in mid-June he will engage in a conference call with a senior individual at the Immigration Office, at which time he will present cases (including mine) which have been wrongfully denied; my second option is to sue the United States.
I am very unsure of what course of action to pursue now! My lawyer has kept my waiting all this time with stalls and meetings which he has stated will help my case, however with each passing meeting, it simply seems like he is giving me false hope... I really do not want to have to wait until mid-June, only to find out that I must wait even longer before my case is reopened.
Additionally, I am highly reluctant to sue the United States of America for messing up in the processing of my case. The judge presiding over my case will be a United States citizen - it would be like telling a child to kill his/her parent... it simply cannot happen! If I were to sue the United States of America, I would be fighting an uphill battle and risk deportation if I were to lose.
Please! Has anyone on here been rendered an unfavorable decision by the USCIS based on a mistake made by the Immigration office? What have you done to fix your case?
Attorneys: have any of your clients been put into this situation? What have you done to resolve the issue?
Everyone: I understand that a very small percentage of people are likely to be in the same boat that I am in, however regardless of whether or not you are in this situation, what would you do if you were in my shoes???
Would you sue the government and risk deportation? Would you wait endlessly, hoping that things become better, eventually? Or would you do something else? (If so, what?)
Thank you for taking the time to read this! For those of you who take even more time to respond to this post, thank you even more! I am truly grateful!!!
Sincerely,
Shahzaib"
2011 bible quotes on strength and courage. sayings ible
Lasantha
03-18 04:10 PM
Welcome to IV. Wish I could help you but I don't have a clue about marriage based GC applications. Infact majority of the people here are on the Employment Based GC path but I hope someone can show you the path.
In the meantime also try these forums.
http://britishexpats.com/forum/forumdisplay.php?f=34
http://groups.google.com/group/misc.immigration.usa/topics
They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.
Best of luck and congratulations !!!:cool:
I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
In the meantime also try these forums.
http://britishexpats.com/forum/forumdisplay.php?f=34
http://groups.google.com/group/misc.immigration.usa/topics
They have a more diverse (Both EB and other GC applicants) mix of people in those forums. Hope that helps.
Best of luck and congratulations !!!:cool:
I'm a US-born citizen and my dear friend (now my wife) came to US from Thailand on R1/R2 Multiple Entry Visitor Visa for pleasure and to travel around with me to see the US. Though not intending to, we ultimately married while she was here on her visitor visa. See chronology below. We need to file the right forms. Please help me as this is a daunting task. If I can get some questions answered, then it will clear the clouded skies!
We both will be in the US during this process.
Me > :confused:
My Wife > :(
Here is our current situation:
1. I've been back and forth to Thailand for better part of three years for tsunami relief.
2. Met my wife doing relief work.
3. She applied for visitor visa at US Embassy in Bangkok March 2007.
4. Came first time to US May 2007
5. Married in California in July 2007 (had not intended to, but we fell in love!)
6. Returned to Thailand Sept 2007
7. Returned to US (together) Dec 2007 and are here now (March 2008)
8. Have filled out forms:
I-130 Petition for Alien Relative
I-485 Permanent Res/Adjust Status
I-325A Bio for each of us
I-134 Affidavit of Support
I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
I feel there are no unusual circumstances about us. We are just normal people and don't fall under any asylum, Cuban or otherwise situations. I need to know about filing what forms and which ones together. Also, which ones will require certain documentation and when should they be included. We will likely file the 130/485/325/765 concurrently. What else should we file and what do I not need to file that I've listed?
Please get me going on this and then I can stop pulling my hair out.
I discoverd this forum today and am so happy I've found it! :D
more...
laborpains
12-09 03:35 PM
At last my turn comes in January.....now the real fight begins.....any information abt how to get name check status....etc. my FP was done in Sep 2007....did not receive any new FP request...any insight on that gurus.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.
Happy holidays
~dask:confused:
EB-3-I
PD:Jan 31st 2002
Hey Dask, I am a 31 JAN 2002 PD too! Did not not receive any FP notice recently.
sathweb
02-04 01:02 PM
:confused: Does anyone have multiple RFE for I-140? :confused:
I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.
Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.
My I-140 got approved after my local Senator called them.
I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.
Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:
How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.
Please take your Senator or Congressman/Congresswoman help. Though it is not a sure shot, you are better off trying then not trying. Its a simple process, call your Senator and tell them that your application is struck at NSC for more than 2 years. They will take it from there; they will ask you all the documents they need.
My I-140 got approved after my local Senator called them.
more...
buptlsp
09-18 05:01 PM
got receipt today . 07/02 10:25am the famous J.Barrett .
Guys, keep up, you will be fine and get it soon.
In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.
Guys, keep up, you will be fine and get it soon.
In the same boat guys. Signed by J.Barret 10:25am. No receipts yet. Called USCIS twice last week. Still not in system.
2010 biblical quotes on strength.
sanju
11-09 01:30 PM
And is Bush the Hanuman?
And McCain the Narad Muni?
And Palin the Surpanakha?
Who is Akbar?
.
And McCain the Narad Muni?
And Palin the Surpanakha?
Who is Akbar?
.
more...
JazzByTheBay
09-07 03:36 PM
Here are 5 of the more frequently asked questions, and answers to those by ImmigrationVoice. Note, these also appear on immigration attorney Sheela Murthy's web site (http://www.murthy.com/bulletin.html).
Question 1. What is First Amendment? Does it apply to me? I'm on H-1 / H-4 / EAD / and have applied for I-485, etc.
Constitutional rights of an individual are applicable to everyone, including foreign nationals.
Question 2. Will I get arrested and/or deported for participating in the rally?
No, participating in rally with proper permits from city police and other authorities is legal. You cannot be arrested or deported for simply participating in the rally.
Question 3. Will participation in the rally negatively impact my current non-immigrant status or future green card application?
No, exercising your civil rights does not impact your non-immigrant status or future green card application. There are certain procedures and processes for rejecting or denying petitions and applications, it is not done on whims and moods of agencies or USCIS employees. There is a process driven by federal regulations and rejections and denials are backed up by reasons described in federal regulations and the laws. Participating in rallies, meeting with your lawmakers, exercising your civic duties, and enjoying your civil rights granted by the Constitution are not grounds for denial or rejection of petitions and applications or any other adverse action on immigration petition or application.
Question 4. Can my employer take action against me for participating in the rally? Do we have any obligation to inform my employer if I participate by taking a day off?
No, an employer cannot simply take action against you for having exercised your Constitutional right granted by the first amendment. Whether you inform your employer about your plans for your vacation or day off is up to you and your relationship with your employer. Usually employers do not care what their employee do with their time off from work, as long as those activities are legal.
Question 5. What kind of identification do I need to carry? Will my driver's license be enough?
Yes. Your driver's license or a state-issued identification card is enough for ID purposes.
Question 1. What is First Amendment? Does it apply to me? I'm on H-1 / H-4 / EAD / and have applied for I-485, etc.
Constitutional rights of an individual are applicable to everyone, including foreign nationals.
Question 2. Will I get arrested and/or deported for participating in the rally?
No, participating in rally with proper permits from city police and other authorities is legal. You cannot be arrested or deported for simply participating in the rally.
Question 3. Will participation in the rally negatively impact my current non-immigrant status or future green card application?
No, exercising your civil rights does not impact your non-immigrant status or future green card application. There are certain procedures and processes for rejecting or denying petitions and applications, it is not done on whims and moods of agencies or USCIS employees. There is a process driven by federal regulations and rejections and denials are backed up by reasons described in federal regulations and the laws. Participating in rallies, meeting with your lawmakers, exercising your civic duties, and enjoying your civil rights granted by the Constitution are not grounds for denial or rejection of petitions and applications or any other adverse action on immigration petition or application.
Question 4. Can my employer take action against me for participating in the rally? Do we have any obligation to inform my employer if I participate by taking a day off?
No, an employer cannot simply take action against you for having exercised your Constitutional right granted by the first amendment. Whether you inform your employer about your plans for your vacation or day off is up to you and your relationship with your employer. Usually employers do not care what their employee do with their time off from work, as long as those activities are legal.
Question 5. What kind of identification do I need to carry? Will my driver's license be enough?
Yes. Your driver's license or a state-issued identification card is enough for ID purposes.
hair One of my favourite quotes has
Lisap
08-03 12:15 PM
Thank you all this helps a lot!! Lisa
more...
gchope2k6
04-27 12:42 PM
Hi all,
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
hot Strength Quotes; Quotes about
acecupid
08-13 11:15 AM
If we want to read sports related news we can go to news sites. People should refrain from creating such threads which are completely unrelated to IV.
more...
house bible quotes on strength and courage. quotes and sayings about life
factoryman
07-02 01:20 AM
Keep it as it is. Then you can do FB based GCs on either side.
Talk of 'having the cake and eat it too'. Perfectly possible in this case.
Talk of 'having the cake and eat it too'. Perfectly possible in this case.
tattoo from → image, quotes
vaishnavilakshmi
06-22 06:01 PM
to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.
I'm EB3-ROW
PD March 23, 2007
HI,
Iam also sailing in the same boat.i want to change my maiden name to married name now.Just about to file for i-485.My concerns and doubts are :-
- I need to send it by mail to sanfransisco and what if it gets delayed?
-Will name check be done on two names(married and maiden) and endup in delays and pending of my application?
-All my certificates,recent affidavits till now show my maiden name.But i got written in my son(usa born)'s birth certificate with married name as last name and maiden name maiden name itself.So will that create a problem?...
So with the above issues,can anyone suggest me if i can wait till I-485 approves or it doesnot matter if i change it now?If i travel to sanfransisco and visit consulate general in person and apply will they issue the new passport within the same day??
Awaiting for ur golden responses,
vaishu
I'm EB3-ROW
PD March 23, 2007
HI,
Iam also sailing in the same boat.i want to change my maiden name to married name now.Just about to file for i-485.My concerns and doubts are :-
- I need to send it by mail to sanfransisco and what if it gets delayed?
-Will name check be done on two names(married and maiden) and endup in delays and pending of my application?
-All my certificates,recent affidavits till now show my maiden name.But i got written in my son(usa born)'s birth certificate with married name as last name and maiden name maiden name itself.So will that create a problem?...
So with the above issues,can anyone suggest me if i can wait till I-485 approves or it doesnot matter if i change it now?If i travel to sanfransisco and visit consulate general in person and apply will they issue the new passport within the same day??
Awaiting for ur golden responses,
vaishu
more...
pictures bible quotes on strength and courage. “Be of good courage,
sjhugoose
February 20th, 2004, 11:46 AM
Oooops, too late. All got before lunch break. Next will be better and cheaper.
Steven
So close, So close
Steven
So close, So close
dresses Courage is the strength to
viveksri
02-28 12:08 PM
Thanks Guys,
I really appreciate all your input.
VS
I really appreciate all your input.
VS
more...
makeup gives you strength;
satish_hello
08-13 11:28 PM
Hi all,
My application Sent on 5th july to NSC, Received on 6th by NSC, any body got the receipt number filed after july 2nd.
I am seeing people are getting filed on july2nd.
I will update once my check cashed, pls. kep the updates.
-satish
-----------------------------------
EB2
PD - sept'2004
I-140 -approved on Jan'2007.
I-485 - sent July5th NSC.
RD - ?
ND- ?
AD - ?
My application Sent on 5th july to NSC, Received on 6th by NSC, any body got the receipt number filed after july 2nd.
I am seeing people are getting filed on july2nd.
I will update once my check cashed, pls. kep the updates.
-satish
-----------------------------------
EB2
PD - sept'2004
I-140 -approved on Jan'2007.
I-485 - sent July5th NSC.
RD - ?
ND- ?
AD - ?
girlfriend You gain strength, courage,
immitul
08-13 09:43 AM
You are right, this does not belong here either. No information other than EMPLOYMENT BASED LEGAL IMMIGRATION belongs here. End of discussion
I do not come to IV for news like this. Definitely it doesn't belong here.
I do not come to IV for news like this. Definitely it doesn't belong here.
hairstyles Before him strength quotes
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
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
ihabosman
08-13 09:15 PM
ihabosman and MUKRAW6,
Do any of you guys have a TSC approved I140??????????????
THANKSSSSSSSSSS for your REPLY
No. My I-140 was approved in 2006 by NSC .....
Do any of you guys have a TSC approved I140??????????????
THANKSSSSSSSSSS for your REPLY
No. My I-140 was approved in 2006 by NSC .....
nashim
07-29 11:48 AM
its on main home page,
here is the link
http://murthy.com/news/n_2yrerr.html
here is the link
http://murthy.com/news/n_2yrerr.html
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