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saurav79

04-02 01:56 AM

Hi. I have been on H1b with Company A since May, 2008. My visa and I797 are valid till Sept 24, 2009. There is no bench/pay roll break in my employment. I want to transfer my H1b to Company B. Should I use premium processing or regular processing? I have heard that many premium processing cases get a RFE. Is it true? This is particularly important given the bad economic landscape and news/rumors of large number of H1b transfer/extension refusals.

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agupta2683

07-08 03:07 PM

I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "



I would really appreciate if you can educate me of what I might be doing wrong.

Thanks,

Ashish

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gparr

November 28th, 2004, 09:05 AM

Thanks to all and welcome to dphoto Jamie
Gary

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Immigration Voice > Analysis Discussion > Retrogression, priority dates and Visa bulletins > Is holding-up petitions in Srv Center a good news?
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bottlemani
11-20 01:37 PM
Thanks qplearn and pappu. Folks in NY, please join the NY state chapter thread.
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sandeep_1
07-19 02:21 PM
oh my! It is really painful to see that you have been waiting this long.. Based on your priority date, you should be current next month. Good luck.

My husband was approved in August 2008 and I am still waiting after infopass, etc, etc...
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ameryki
03-23 08:48 PM
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


If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
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ujayra01
07-18 07:18 PM
Bump...Any one please. Thanks.

Hello Gurus,

My wife is on H4 since 2004 and we filed H1 (Jan. 2007) and her H1 status is pending at this moment. I am about to file 485 (July 2007 current bulletin) very soon.

I have mentioned that she is on H4 in the I485 related docs. I thought her H4 becomes invalid ONLY after H1 is APPROVED. Is this correct? Please let me know.

Thanks for your help.
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vikki76
03-28 06:59 PM
Interesting comment on one of old BusinessWeek articles.It strongly highlights power an employer holds over H1-B employee.

http://www.businessweek.com/globalbiz/blog/bangaloretigers/archives/2006/11/us_software_tal.html


"'m not at all surprised that the first few comments on this post have been very skeptical of the skills shortage.

No matter how you feel about the alleged shortage, you have to acknowledge that the H1B gives the employer a remarkable amount of power over the employee's life. The employer bestows the right to live in the United States upon the employee, and often sponsers the employee's application for a green card. Changing employers is not impossible, but it is tricky and perilous.

As an American, I can quit my job and become a contractor. An H1B can't. If my girlfriend decides to move across the country for a new job, I can quit my old job and go with her. An H1B can't. If I decide I'm tired of programming, I can quit and apply to law school. An H1B can't. And, most importantly, if I think I'm talented and should earn well above market rate, I can go into my boss's office and negotiate with the knowledge that I'm free to find a better deal elsewhere. An H1B can't - unless, of course, he's willing to give up on his wait for a green card and return to his country of origin and start all over again.

While I'm not a protectionist in any way, I view the indenturedness of the H1B visa as an affront to everything America claims it believes about human and economic freedoms. No employer should ever have this kind of power over an employee.

Congress is perfectly capably of creating an employment category for foreign nationals that preserves freedom for the engineer who comes to America. They still haven't. Why? Well, the most likely explanation is that the corporations who lobby for this visa *enjoy* this power over engineers. And this, in turn, leads to work conditions that drive America's best and brightest away, into careers in law, medicine, finance, and so forth, exacerbating the very shortage that the visa was designed to address.

Unlike some of the posters here, I'm ok with the existence of skilled worker visas. But any increase should be off the table until basic human and economic freedoms are preserved for the worker. In America, you have the right to quit your job. Period. "
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OlgaJ
April 3rd, 2005, 06:50 AM
I like the sharp sparkle of the first one.

Olga
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sundeep14
07-14 04:39 PM
I have 140 approval notice in mail like 1.5yrs back...just today i put the reciept number on USCIS website and it says still pending..i called USCIS and they say they wont be able to discuss my case since 140 is employer specific only....my employer is sayin dont worry and dont bother about online status...i just want to make sure my 140 is really approved and USCIS has the correct update while lookin at my 485 file...i dont want them to put my 485 in hold just because of they thinkin 140 is not approved...

EB2 - Sept 04
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nain
03-27 04:46 PM
I am on H4 visa and my husband is on H1 visa. My husband is working in N.Y. city as a programmer analyst.

I am pregnant by 5 months. I have following questions :-

- Can I apply for Medicare benefits. By applying Medicare benefits I will get free milk,baby food and medical treatments.

- By applying Medicare does it affects my husband green card process or in future citizenship.

Thanks for your time and efforts to answer my questions.
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gjain
11-02 09:35 AM
Hello everybody,

I am trying to locate people from the nebraska service center, who have a received date of aug 15th and notice date of Oct 11.
Please let me know if any of you have received ypur EAD yet or is it approved yet?

I am running out of patience.

Thanks,
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pod1
10-21 12:42 AM
I am in 6th year of my H1B. It is expiring in Aug 2011.

Here are some details:
- My I-140 is approved with a priority date of Aug 2006 under EB2-India.
- I did not apply for I-485 so I do not have a EAD.
- My wife is also on H1B which expires in Aug 2012.

Here are my questions:
1) If I apply for H1B extension in July 2011 under regular processing and assuming it takes 4-5 months for USCIS to process the application, can I still continue to work? For how many days can I work if visa renewal is still in processing after the visa has expired.
2) If I get a denial of H1B extension do I become out of status from the date of denial or from the day H1B got expired?
3) If I get a denial of H1B extension can I immediately apply for H4 as a dependent to my wife's visa without any issues?
4) If I get a denial of H1B extension, what happens to my I-140? Is it automatically invalid?
5) If I do convert to H4 status and my priority date becomes current can I apply for I-485?
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cse9423
11-04 05:45 PM
Hello,
Last week friday my advance parole document from NSC was approved & sent , but we have not received the approved document yet.

Does anyone know how long it will take to receive the AP document once it's approved? We have a travel plan sometime next week.

thanks!!!
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sushilup
09-28 12:41 PM
ANY ONE ON THIS PLEASE



Hi Guys,

I didn't find such a thread in my search. If you thing there is already one please delete this.

I want to start a thread for tracking cases which were transfered from one place to other and to estimate that if we are getting in the back of the queue OR receipt date is acknowledged.

My I 485 transfered from TX to CAL and now to NEBRASKA.

131 AND 765 says received and pending at California

package was received at Texas on 23rd July and Cal center issued notice on Sep 24.

Please let me know if anyone has similar case.

Thanx.
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Blog Feeds
12-19 01:00 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.

Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.

If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf





More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
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90210
07-19 01:22 PM
Thank you !
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hibworker
02-05 10:07 PM
Thanks @hibworker
Have you tried this option before.

Yes - it is quite smooth.
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raysaikat
04-23 03:02 AM
I went for my AOS interview, everything seemed ok, officer said everything looks ok and he doesnt see any reason why i should not be approved, he however said that he needs to get the FBI clearance background check and that i should get my conditional PR card in the mail, he then stamped on my entrance visa " Cancelled without Prejudice" stamp, I am worried, what does this mean? The word cancel and everything ok does not seem right. Can someone help me please?

This means that the VISA cancellation has been done as a matter of procedure, not because of any wrongdoing.

Another common case is when one goes to the consulate for a VISA stamping, then the consulate officer stamps the existing unexpired VISA stamps as "Cancelled without prejudice".
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caprianurag
11-06 01:02 PM
I got one LUD on my AP after the receipt date and before I did FP.
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thesparky007
06-06 11:20 AM
lmao!
you need a price for all of them
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