gc28262
06-27 10:48 AM
Hi,
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
Please refer to Murthy site link here
http://www.murthy.com/news/UDtermh1.html
Q4.Can I apply for a status other than H1B if I am being laid off?
A. In certain circumstances, an H1B employee may be able to apply for another status. There are a number of different options. Depending on a person's individual circumstances, one may qualify for one of these categories.
Viable options may include F-1 (student status), H-4 or F-2 (dependent of an H1B or F-1 spouse, respectively) and B-2 (tourist) or B-1 (business status). While such a changecould help one stay in status, it is important to ensure that the eligibility criteria are met for whichever status one opts. INS has confirmed that a laid-off H1B worker may apply for a visitor�s visa in order to look for employment. However, a person who is on a status other than an H1B may no longer be able to enjoy the benefits of H1B portability and will be subject to the H-1 cap. This may be the only available option if the applicant's I-94 is expiring, but should not be done without a full understanding of the legal and other consequences.
I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.
I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.
Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.
Please refer to Murthy site link here
http://www.murthy.com/news/UDtermh1.html
Q4.Can I apply for a status other than H1B if I am being laid off?
A. In certain circumstances, an H1B employee may be able to apply for another status. There are a number of different options. Depending on a person's individual circumstances, one may qualify for one of these categories.
Viable options may include F-1 (student status), H-4 or F-2 (dependent of an H1B or F-1 spouse, respectively) and B-2 (tourist) or B-1 (business status). While such a changecould help one stay in status, it is important to ensure that the eligibility criteria are met for whichever status one opts. INS has confirmed that a laid-off H1B worker may apply for a visitor�s visa in order to look for employment. However, a person who is on a status other than an H1B may no longer be able to enjoy the benefits of H1B portability and will be subject to the H-1 cap. This may be the only available option if the applicant's I-94 is expiring, but should not be done without a full understanding of the legal and other consequences.
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mohitb272
03-19 02:24 PM
Your signature says I 140 was approved, when was it approved and does that mean the USCIS website never updated the status of your I 140?
or was it showing I140 approved before and now it's showing pending?
This is my friend's case not mine. This is mentioned when I first described the case.
Thanks!
or was it showing I140 approved before and now it's showing pending?
This is my friend's case not mine. This is mentioned when I first described the case.
Thanks!
overhere
07-18 08:08 AM
Schedule A visa is not available. Schedule A simply means that we are exempted from LC. All we need is to file I-140 concurrent with I-485/EAD/AP.
Our visa is also EB3.
Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?
i know what schedule a is. i just thought it's no longer available since it's not published on the visa bulletin.
as for your question, i think you're referring to july or august visa bulletin. all those who are qualified to file 485 (concurrently with 140 or not) are covered under the original july visa bulletin as long as the application is received on or before august 17th.
from: http://blogs.ilw.com/gregsiskind/
"For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion."
Our visa is also EB3.
Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?
i know what schedule a is. i just thought it's no longer available since it's not published on the visa bulletin.
as for your question, i think you're referring to july or august visa bulletin. all those who are qualified to file 485 (concurrently with 140 or not) are covered under the original july visa bulletin as long as the application is received on or before august 17th.
from: http://blogs.ilw.com/gregsiskind/
"For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion."
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dealsnet
09-08 03:40 PM
Get ready for an interview. USCIS transfer your petition to NBC for interview by local office.
Go with a $1000/day lawyer, or, if you are confident and clean case, go alone with all documents.
Go with a $1000/day lawyer, or, if you are confident and clean case, go alone with all documents.
more...
gc_on_demand
02-03 01:41 PM
Hi
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.
Go back...
I hold a H1b Visa but did not work after coming to US.
Can anybody guide me regarding my current status.
My H1 was approved in 2007 quota and i entered US in march 2008..but was not successful in getting a job and my employer is not running any payroll..
can anybody help me with this??
thankyou
Dont stay here .. People like you causing problem for people who work hard. If you cannot find job.. why the hell you stay here. You should pack bag.. If you are rich enough to spend money while not working in USA come on B1 visa and stay for 180 days in 5 star hotel.
Go back...
voldemar
03-21 10:51 AM
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.No, if you had H1 before (in 6 years) you are not subject to cap.
Yes you will be subject to cap.No, if you had H1 before (in 6 years) you are not subject to cap.
more...
nvmurali
06-02 02:49 PM
if your employer ( who filled I 140 ) revoke I 140 then chances are there that you may get RFE while H1b transfer. You need good lawer advise. Also there is gray area for porting PD if I 140 is approved and revoked.
My current employer (who's the consulting company) is the one negotiating to let me go fulltime with the client. So, they shouldn't revoke the 140.
My current employer (who's the consulting company) is the one negotiating to let me go fulltime with the client. So, they shouldn't revoke the 140.
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Axilleus
10-23 10:42 AM
EAD application sent Aug 26 (Arrived Aug 28)
RN Sep 17
FP Oct 20
Current Status: Case received and pending
I am supposed to start working on Nov 5 and I pray and hope to get my EAD by then.
RN Sep 17
FP Oct 20
Current Status: Case received and pending
I am supposed to start working on Nov 5 and I pray and hope to get my EAD by then.
more...
evildead
01-18 02:54 PM
do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial
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dan19
09-15 01:38 PM
Where did you get the numbers from?
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
more...
walking_dude
08-03 04:11 PM
We have had several wonderful members who have joined the chapter already. We are forming local networks in Nashville, Memphis and Knoxville so that it's easier for all TN members to participate in the chapter activities. Coordination of the activities will be done through the Yahoo group.
I'll be coordinating activities in Nashville area. So if you are from Nashville or surburbs, feel free to PM me.
Mahatma has kindly agreed to coordinate the activities in Knoxville area. If you are in Knoxville or surrounding areas PM him, he'll help us get organized. Members like him who already have their GCs and helping our cause is a real insiration to the rest of us.
We are in the process of setting up a network in Memphis too. Don't worry Memphiseans, you are in our radar :). PM me your details and I'll help you folks get organized. We already have some enthusiatic volunteers ready to work with in building local networks.
IV TN is not all Immigration. We are building strong network of likeminded persons. It will not only help us work with IV to solve our GC problem, but also spin off into future opportunities from the development of these network.
All in all, I really feel blessed to be working with this group of motivated volunteers.
I'll be coordinating activities in Nashville area. So if you are from Nashville or surburbs, feel free to PM me.
Mahatma has kindly agreed to coordinate the activities in Knoxville area. If you are in Knoxville or surrounding areas PM him, he'll help us get organized. Members like him who already have their GCs and helping our cause is a real insiration to the rest of us.
We are in the process of setting up a network in Memphis too. Don't worry Memphiseans, you are in our radar :). PM me your details and I'll help you folks get organized. We already have some enthusiatic volunteers ready to work with in building local networks.
IV TN is not all Immigration. We are building strong network of likeminded persons. It will not only help us work with IV to solve our GC problem, but also spin off into future opportunities from the development of these network.
All in all, I really feel blessed to be working with this group of motivated volunteers.
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lecter
February 18th, 2004, 10:04 PM
that would sell a lot of 1Ds's
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eilsoe
10-02 03:57 PM
It takes about 2 minutes to make those blobs... so, credit isn't REALLY that important with these blobs...
But yes, give credit where it belongs. :)
That's what i do too...
But yes, give credit where it belongs. :)
That's what i do too...
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nolud
02-11 03:33 PM
I received a letter from uscis/DHS on Jan 28.
It was in response to my request about my wifes I-485 being in namecheck for a long time.
The response stated:
"The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."
Does this mean that the namecheck has been completed?
What is "requirement review"?
Did anyone else get this type of letter?
Wifes Case dates:
PD - Jul 2003
Interview Date - Jan 4 2006
Type - Family based ( on marriage )
Info Pass - Sep 2007
Last FP - Oct 2007
LUD - 10/2007 ( probably because of FP )
Current Status:
On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Note: If this is the wrong forum/area, please advise where is this question best suited for...
Thanks to ALL
It was in response to my request about my wifes I-485 being in namecheck for a long time.
The response stated:
"The review of our records indicate that the investigation into your background has been completed. The processing of your case has been delayed because the requirement review is still in process."
Does this mean that the namecheck has been completed?
What is "requirement review"?
Did anyone else get this type of letter?
Wifes Case dates:
PD - Jul 2003
Interview Date - Jan 4 2006
Type - Family based ( on marriage )
Info Pass - Sep 2007
Last FP - Oct 2007
LUD - 10/2007 ( probably because of FP )
Current Status:
On October 7, 2003, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Note: If this is the wrong forum/area, please advise where is this question best suited for...
Thanks to ALL
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gckalafda
03-20 11:46 AM
RoseBall,, here is my query..Please answer
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
I got RFE on 140 asking
all my expereince letter proir to 2002 ( I came US in 1999) and By the time I worked with two companys.
Now I got one company exp letter and other one closed and I couldn't able to get the letter. as per sources and attorney advice I am submitting coleague affidavit.
and also they asked me all w2's where I worked only few months in 2004 and w2 amount is not that great.
I am still fearing how do USCIS take in to consideration when they finalise the case.
Do you think all these are substantiate my case , or they may come with another RFE or denial..
Please advise me what I want to do, I haven't submitt my case yet.
Thanks
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ras
02-21 04:31 PM
but not all the details have been asked except for the ability to pay and 2007 tax returns.
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reedandbamboo
09-14 10:37 AM
Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately
OR,
it could be because 2007 & 2008 folks, not having waited as long as the pre-2007 folks, haven't had as much cause to seek reprieve..
OR,
it could be because 2007 & 2008 folks, not having waited as long as the pre-2007 folks, haven't had as much cause to seek reprieve..
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Berkeleybee
05-30 03:53 PM
I think what Asian means is that the stringent rule of 'Same kind of job' in AC21 makes AC21 usability very limited. If that condition is abolished, 485 is as good as GC in terms of job mobility.
Unfortunately that doesn't have a lot of support since it defeats the purpose of labor certification.
Unfortunately that doesn't have a lot of support since it defeats the purpose of labor certification.
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Desi4GC
08-07 08:47 PM
Hello members,
I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records.
How should I present this on form I-485 (question about citation/arrest)?
I had a non-traffic citation few years ago, which got dismissed and expunged. I do not have any documents relating to that incidence. I don't even recall the charges. I did background check with Sheriff's office which showed no records.
How should I present this on form I-485 (question about citation/arrest)?
satishku_2000
07-21 01:28 PM
Thank you katrina for your response.
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
I think you can take your attorney to interview , If at all you have an interview. If you were never out of status since your last entry you should be good BTW whats your PD?
My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
I also wonder if my entries from 1986 will show up when they check the records.
I think you can take your attorney to interview , If at all you have an interview. If you were never out of status since your last entry you should be good BTW whats your PD?
surya.kant
06-19 01:30 PM
Hello Unseenguy,
Thanks for the reply.
I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B
You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.
Your H1 petition is approved. You need to get H1 visa from consulate.
Surya.
Thanks for the reply.
I forgot to mention that i was already on h1 before so i dont fall under H1CAP. This is the reason i applied for H1 from h4 as previously i was on H1B
You are not subject to H1 cap, since you had been on H1 status in last 6 years. However, H1 portablity applies only for H1-to-H1 transfer.
Your H1 petition is approved. You need to get H1 visa from consulate.
Surya.
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