rkat
08-16 02:56 PM
I already have a H1B with a cap exempt employer for the last 4 years. This H1B is valid for another 2 years (6 years total). I had planned to switch my job because my current employer had refused to file for my GC.
A contracting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.
Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
I greatly appreciate all your help ! Thank you!
A contracting company that i had approached in early 2007 had filed my
H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision is still pending. If approved i guess i can start working for the new company on October 1st - 2007.
Now i was eligible to file for AOS / EAD thru my wife's GC petition and would rather conitnue my employment with my CAP EXEMPT employer and do not need to switch my job.
1)How does the contracting company withdraw or VOID my H1. ?
2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
3) If USCIS rejects my case then do they refund filing fees + attorney fees to the petitioner.?
4) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??
I greatly appreciate all your help ! Thank you!
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gc28262
03-06 05:06 PM
Back in the old days when there weren't as many IV members, people thought twice before giving a red dot to anyone. Now it has become kind of a fashion. You can get a red dot for asking questions someone thinks has already been asked or for asking simple questions which someone thinks that you should know or if you doesn't agree with someone's viewpoint etc etc. You might get a red dot if someone doesn't like your handle :D
After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.
It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
Admins/Core members,
Please take necessary steps to discourage this red-dot festival !
After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.
It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
Admins/Core members,
Please take necessary steps to discourage this red-dot festival !
Dhundhun
11-24 05:13 AM
Nihar, let me understand your problem and explain you, what might be happening?
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
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ujjvalkoul
08-10 05:14 PM
Un-freakin'-believable......................
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dontworrybehappy
03-03 09:15 AM
I depends when you got SSN.Social security dept informs IRS automatically but procedure may tae 2/3 months-
ca_gc
05-14 05:23 PM
Didn't the last recapture of visas (AC21) happen in 2000, an election year ? Also H1B law was modified to include 20000 visas for US Masters students during 2004. Actually, history is in our favor.
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mlkedave
03-07 08:05 AM
o, i didn't realize the order, i feel pretty stupid...
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Jerrome
04-08 02:19 PM
That must be because of EB-3 ROW. When there is huge demand everything went there. But I am more surprised with EB-2. EB-2 ROW and EB-2 Mexico were current for the entire last year ,it seems EB-2 India and China might have got more than 2800 visas definitely. Can we find how much they got for EB2 last year?
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yjprakash
10-20 04:07 PM
I faxed expedite processing request on last Tuesday and sent email to Ombudsman.
there was soft LUD on same day (address change) on my 485 & EAD & AP. Today status changed to card ordered for production. what a relief!!!!!!!!!
but any thing can happen till it comes to my hand
Here is the fax number for NSC 4022196344
I have infopass appointment on 24th. Should I go or cancel that appointment now ???
there was soft LUD on same day (address change) on my 485 & EAD & AP. Today status changed to card ordered for production. what a relief!!!!!!!!!
but any thing can happen till it comes to my hand
Here is the fax number for NSC 4022196344
I have infopass appointment on 24th. Should I go or cancel that appointment now ???
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singhsa3
10-21 07:48 PM
That is true but I want one of them to be rejected and by not responding to FP and stopping payment on checks I am trying to exactly that.
Refer http://www.murthy.com/news/n_staiss.html and search for "Multiple I-485 Filings Not Advisable"
Refer http://www.murthy.com/news/n_staiss.html and search for "Multiple I-485 Filings Not Advisable"
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friend99
08-11 10:16 PM
Hi Guys,
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
I am in a similar position, I have applied for my I-485 last july and PD is Jan 2007, I haven't got any RFE yet but reading all the posts I think I might get one for BC. My BC has 20th August as date of birth but from my school certificate,PP, DL all have 17th August date and I have send an affidavit with I-485 from my parents that I was born on 17th August. But Now when I read all the forums I think I should have send the affidavit which should have said that 20th was right but I did not know that uscis gives more importance to BC date instead of dates on other documents.
Does somebody know what uscis might do? Should I support 17th or 20th date now? and if 20th then is it possible date on school certificate, DL can be changed? I finished my 10th in 1990 and CBSE board. but on CBSE website they say they can change the DOB but only if I had finished 10th in the last two years.
Can somebody please suggest what to do since I can be ready if i get RFE.
Thanks in advance.
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mlkedave
03-08 03:44 PM
u know what im trying to say,ferns work was top notch but i just though the three of us were about equal.
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mohitb272
12-10 07:17 PM
in my view software engineer and business analyst are NOT similar. One deals with generating lines of code and the other is taking requirements...in my view both are different...talk to your attorney...it is just my view only...and u know i am neither expert nor an attorney...
Well, In a small company as mine, people have to take a lot of other responsibilities besides development, including customer support and at times taking requirements. My role gradually changed but now I am a BA. Anyway, thanks for the advice.
Well, In a small company as mine, people have to take a lot of other responsibilities besides development, including customer support and at times taking requirements. My role gradually changed but now I am a BA. Anyway, thanks for the advice.
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dontcareanymore
08-24 12:44 PM
I had 485 interview a month back (previously at the national benefits center) at the local USCIS office. The interview went fine except that they gave me an RFE asking for additional documents verifying employment. Since then I submited documents to the local office a 3 weeks back. Today my supervisor got a call from USCIS Anti Fraud Detection (homeland security) and they left a voice mail that they need to verify my immigration status.
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
Good for you that your case is straight forward , you were never out of status and you are indeed working for the company that had sponsored your GC. It is good for every one that they are trying to weed out the bad apples. That would mean , speedier movement of dates for genuine cases :)
Nothing to worry if your case is clean. There were couple of other similar on site interviews as reported earlier on this forum..
Is this normal? Is there something i need to worry about?
My record is pretty straighforward. I am with the same employer since 2002 first on H1b and then EAD on a permanent postion and no gap in employment and never out of status
My supervisor called back but went to voicemail and left a general message
Good for you that your case is straight forward , you were never out of status and you are indeed working for the company that had sponsored your GC. It is good for every one that they are trying to weed out the bad apples. That would mean , speedier movement of dates for genuine cases :)
Nothing to worry if your case is clean. There were couple of other similar on site interviews as reported earlier on this forum..
more...
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sury
11-02 06:25 AM
We applied SSN in Tulsa SSA office for my wife and kid. Wife and Kid still on H4.
They asked for
EAD
Birth Certificate
Passport
The good thing is that everything is online in Tulsa SSA office and you don't need to fill any form.
Sury
They asked for
EAD
Birth Certificate
Passport
The good thing is that everything is online in Tulsa SSA office and you don't need to fill any form.
Sury
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arc
03-11 03:03 PM
Mr "A" Check with a good tax consultant about implications of being paid in check, on EAD you can do multiple jobs and businesses, as long as you report your earnings and pay tax you should be fine. I am not an expert, check with a tax consultant and an attorney!
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.
1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
more...
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seattleGC
03-28 05:24 PM
Is part-time H1 and full-time student without F1, a problem with Univ.?
I haven't heard of a case where a person being full time student but on a H1b and doing part-time work. Anyone knows of such?
Can someone after approved I-140 change to F-1? I heard its possible dont know of anyone who has done that.
I haven't heard of a case where a person being full time student but on a H1b and doing part-time work. Anyone knows of such?
Can someone after approved I-140 change to F-1? I heard its possible dont know of anyone who has done that.
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nixstor
10-30 04:32 PM
I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
I understand what you are saying but its difficult for people to check their typos when posting online. I mean not every one has that time when they are juggling things. It's not M$oft outlook right :) B T W, I am not the one who posted it.
One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....
I understand what you are saying but its difficult for people to check their typos when posting online. I mean not every one has that time when they are juggling things. It's not M$oft outlook right :) B T W, I am not the one who posted it.
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kaisersose
07-31 06:00 PM
The Family GC option is only available to unmarried children. Now I do not know how this applies to your mother, but even if she can change her status to something else, it may impact your status assuming you are in the US now.
Anyway, it appears we have hardly any details of your case. Best to consult an attorney.
Anyway, it appears we have hardly any details of your case. Best to consult an attorney.
factoryman
06-19 06:03 PM
One or two.
I didn't research all this. My good old INS doctor just gave only one. Anybody need doctor's details, PM me. This is only a free service. Nice elderly American
physician. Fees USD 200
lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.
Well i feel the blood report might say something of that sort...just guessing!!
I didn't research all this. My good old INS doctor just gave only one. Anybody need doctor's details, PM me. This is only a free service. Nice elderly American
physician. Fees USD 200
lets take i got MMR for my primary just two days back...then how can the clinic give me another dose within 2 days?? they cant and they SHOULD NOT. Yes they can do one thing..ask the person to bring proof of next shot the following month.
Well i feel the blood report might say something of that sort...just guessing!!
rvr_jcop
02-17 11:33 AM
Ok ..
Now I dont want to change my employer .
But my employer doent pay when I am on bench . So I may not having paystubs after March .
Will it cause any problem to H1 extention ?
Ofcourse, if H1-extension requires the last couple of pay checks, there is a possibility they would ask for the 'latest', as opposed to March pay stubs, if you apply for extension say in August. Again, if you apply for extension in April with March paystubs (within 6 months of expiry), then there is a less possibility. But you cant rule that out if they ask for latest stubs in the potential RFE in the future. So its up to you.
Now I dont want to change my employer .
But my employer doent pay when I am on bench . So I may not having paystubs after March .
Will it cause any problem to H1 extention ?
Ofcourse, if H1-extension requires the last couple of pay checks, there is a possibility they would ask for the 'latest', as opposed to March pay stubs, if you apply for extension say in August. Again, if you apply for extension in April with March paystubs (within 6 months of expiry), then there is a less possibility. But you cant rule that out if they ask for latest stubs in the potential RFE in the future. So its up to you.
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