h1extn
08-07 11:24 PM
Hi All
If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help
If I migrate to Canada as a temporary worker, is it possible to come back to USA in H1B visa after one year if some company in USA is willing to sponser my H1B ? or there are any restrictions? please help
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mundada
02-19 09:31 AM
I am in similar situation as my parents are coming this year.
Couple of years ago there was a "no question asked, including pre existing condition" insurance, though expensive but it covered everything. However, this time when I talked to insurance consultant, it appears few people misused the insurance to the extent that the company went bankrupt. This is what she said: let us say the patient needed bypass surgery. The patient would buy one month insurance and return ticket. This would cost him $2000. Upon arrival in the US, he would complain about chest pain. Then pay $1000 in deductible and get bypass done. The total cost $3000!
However, because of this misuse geniune people do not have this option anymore.
Here is what I am thinking:
1. Buy Atlas America insurance. This covers pre existing condition upto $15,000. This also gives us negotiated rate with hospitals in the US.
2. Addon foreign travel on Mediclaim or other insurance that they currently have in India. Opt for Rs. 7 lakh deductible. This should lower the insurance cost. Also, try to talk to the insurance company and see if it will reduce rate further because its is secondary insurance.
Let me know if you guys see any hole in the logic or you have better alternative. I would rather pay more in insurance and enjoy my parents stay then worry throughout their stay.
Couple of years ago there was a "no question asked, including pre existing condition" insurance, though expensive but it covered everything. However, this time when I talked to insurance consultant, it appears few people misused the insurance to the extent that the company went bankrupt. This is what she said: let us say the patient needed bypass surgery. The patient would buy one month insurance and return ticket. This would cost him $2000. Upon arrival in the US, he would complain about chest pain. Then pay $1000 in deductible and get bypass done. The total cost $3000!
However, because of this misuse geniune people do not have this option anymore.
Here is what I am thinking:
1. Buy Atlas America insurance. This covers pre existing condition upto $15,000. This also gives us negotiated rate with hospitals in the US.
2. Addon foreign travel on Mediclaim or other insurance that they currently have in India. Opt for Rs. 7 lakh deductible. This should lower the insurance cost. Also, try to talk to the insurance company and see if it will reduce rate further because its is secondary insurance.
Let me know if you guys see any hole in the logic or you have better alternative. I would rather pay more in insurance and enjoy my parents stay then worry throughout their stay.
SertTurk
07-19 01:59 PM
Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form when the bulletin is showing April2002. He says we are not eligible for that...And then he said "if the date was current, you would be in Turkey for consular processing and will not need file"
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weddell
09-05 11:49 AM
Depending on where you were located in the US, it might be a good idea to enter the country coming from a neighboring country (Canada, Mexico) with your green card in hand.
In any case dont travel with too many luggages ...
Let us know how it went.
Good luck !
In any case dont travel with too many luggages ...
Let us know how it went.
Good luck !
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bobzibub
10-15 11:32 AM
AILA has asked USCIS that question 6 months ago.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
trueguy
08-11 11:30 AM
It will be easy to reconcile if some one creates a single polling post from 2001 to 2008
That someone could be you as well.
Anyways, I started a new thread for 2001 to 2008. Please vote here:
http://immigrationvoice.org/forum/showthread.php?t=20798
That someone could be you as well.
Anyways, I started a new thread for 2001 to 2008. Please vote here:
http://immigrationvoice.org/forum/showthread.php?t=20798
more...
synergy
12-11 01:15 PM
I agree with this....File a new labour and you need to get the 140 approved. Once it is approved ,you can reclaim your old priority date for 485.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.
New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.
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vin13
01-15 12:42 PM
We had an emergency and got our AP approved and collected it at the USCIS office. We left US the very next day. We had no issues returning back. So i think you should be OK.
Lets assume that USCIS mailed it the same day and you got it in a couple of days. :rolleyes:
I personally think you should be OK based on your approval dates.
Lets assume that USCIS mailed it the same day and you got it in a couple of days. :rolleyes:
I personally think you should be OK based on your approval dates.
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ca_immigrant
05-15 05:04 PM
Thanks for the reply !
Does anyone know if it can be mailed out of the country or brought by somebody else who is travelling to India ?
I remeber reading something about it earlier on this forum but could not search it out/
Regards,
Does anyone know if it can be mailed out of the country or brought by somebody else who is travelling to India ?
I remeber reading something about it earlier on this forum but could not search it out/
Regards,
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anilsal
07-17 12:51 AM
But that idea may face long odds. AILA's Kuck says that current law prohibits green cards from one year to be used in other years. And he thinks there is no appetite in either Congress or the White House for writing new pro-immigration legislation, after the comprehensive immigration reform proposal went down in flames earlier this summer. "I don't think they'd touch the issue with a 10-foot pole," says Kuck. "This issue has become radioactive."
Which law prohibits usage of unused visa numbers? I guess that is one of our provisions that we are demanding. :)
Which law prohibits usage of unused visa numbers? I guess that is one of our provisions that we are demanding. :)
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McLuvin
03-04 05:10 PM
I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
Congrats !!! I think u should party hard for a long time...
I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.
For those that are still on the journey - just hang in there and your time surely will come!
Congrats !!! I think u should party hard for a long time...
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rsharma
10-11 09:08 PM
I am in H1B and more than five years. My employer is a mid size
private Indian company. They start bringing more and more L1B
people and post them in client location. Their LCA is for 55K and they
are paid only 30K even though the billing is in three digit. All the
accomodation, per diem are paid by the client. We are into one of
the XXX product and there is no custom product from our company.
Whats the best way to deal with this guys. Whom should send I the
complaint about this. What they are doing is a complete violation
of law.
So please guide and share you experience.
P.S. If you dont have any information, please stay away. Do not
start the H1 vs L1, Anti-immis troll alert. Thanks for your
understanding. This has nothing to do with the L1 employees.
Dear Friend I totally agree with you. I was with one of these employers and have moved away from them. As suggested by some members you can report about these fraudulent activities to DOL. I know it is dufficult to leave these employers as they make the employees to sign bonds and try to capture all the money that they have acquired in PF etc back in the native country.
These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.
I know there are some members in this forum who will try to shout you down and make you quite.
But I feel if one believe in what is right then one should go ahead irrespective of what others think.
private Indian company. They start bringing more and more L1B
people and post them in client location. Their LCA is for 55K and they
are paid only 30K even though the billing is in three digit. All the
accomodation, per diem are paid by the client. We are into one of
the XXX product and there is no custom product from our company.
Whats the best way to deal with this guys. Whom should send I the
complaint about this. What they are doing is a complete violation
of law.
So please guide and share you experience.
P.S. If you dont have any information, please stay away. Do not
start the H1 vs L1, Anti-immis troll alert. Thanks for your
understanding. This has nothing to do with the L1 employees.
Dear Friend I totally agree with you. I was with one of these employers and have moved away from them. As suggested by some members you can report about these fraudulent activities to DOL. I know it is dufficult to leave these employers as they make the employees to sign bonds and try to capture all the money that they have acquired in PF etc back in the native country.
These employers are to be blamed for the current economy condition of this country and the condition of immigrants like us.
I know there are some members in this forum who will try to shout you down and make you quite.
But I feel if one believe in what is right then one should go ahead irrespective of what others think.
more...
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kaisersose
01-02 02:03 PM
All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.
As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.
There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.
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eldrick
07-31 05:19 PM
They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?
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HRPRO
02-09 03:15 PM
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
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sin94
11-11 01:09 AM
--------------------------------------------------------------------------------
140 filed February 2007 via Nebraska service center (EB2 category)
Applied and received 485 receipt number in October 2007, went for finger printing in November, EAD cards arrived.
employer changed office space locations in March 2008 no update was provided to USCIS as we just shifted certain operations to a bigger space and older address still valid for receiving letters
May 2008 140 case transferred from Nebraska to Texas service center
September 2008 dreaded email from USCIS automated systems "RFE request for initial evidence case placed on hold"
waited 10 days no response Lawyers called 1st time to USCIS help line received response that about duplicate notice sent. re-verified addresses for both lawyers and employers
15th day from RFE notice employer called USCIS (applicate cannot speak as 140 cases pertain to employer)updated address for employer provided
20th day from RFE notice Lawyers called again help line same response indicating another notice sent. Lawyers also send letter out to Nebraska service center indicating not receiving of RFE letter
28th day from RFE notice employer calls again (this time 800 number found on immigration portal website belived to be the 800 number for Texas service center) same response. USCIS officials issue a tracking case # and indicate that employer would either receive email within 5 working days or notice within 2 weeks.
30th day from RFE notice Lawyer call USCIS again about not receiving the RFE documents. New letter drafted and sent to the Texas service center.
Lawyers ask for assistance from ALA (American Lawyers Associations) for determination of status of RFE
Today we stand at the 43rd from the date of email from USCIS about RFE and no letter has yet being received by either employer or Lawyers
what am I supposed to do? what are my options?
Please help if anyone has had a similar situation with delays of RFE notice and how they responded. If you request to reply privately please send me a Private message with contact detail and best time to call or contact
Sin
140 filed February 2007 via Nebraska service center (EB2 category)
Applied and received 485 receipt number in October 2007, went for finger printing in November, EAD cards arrived.
employer changed office space locations in March 2008 no update was provided to USCIS as we just shifted certain operations to a bigger space and older address still valid for receiving letters
May 2008 140 case transferred from Nebraska to Texas service center
September 2008 dreaded email from USCIS automated systems "RFE request for initial evidence case placed on hold"
waited 10 days no response Lawyers called 1st time to USCIS help line received response that about duplicate notice sent. re-verified addresses for both lawyers and employers
15th day from RFE notice employer called USCIS (applicate cannot speak as 140 cases pertain to employer)updated address for employer provided
20th day from RFE notice Lawyers called again help line same response indicating another notice sent. Lawyers also send letter out to Nebraska service center indicating not receiving of RFE letter
28th day from RFE notice employer calls again (this time 800 number found on immigration portal website belived to be the 800 number for Texas service center) same response. USCIS officials issue a tracking case # and indicate that employer would either receive email within 5 working days or notice within 2 weeks.
30th day from RFE notice Lawyer call USCIS again about not receiving the RFE documents. New letter drafted and sent to the Texas service center.
Lawyers ask for assistance from ALA (American Lawyers Associations) for determination of status of RFE
Today we stand at the 43rd from the date of email from USCIS about RFE and no letter has yet being received by either employer or Lawyers
what am I supposed to do? what are my options?
Please help if anyone has had a similar situation with delays of RFE notice and how they responded. If you request to reply privately please send me a Private message with contact detail and best time to call or contact
Sin
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deafTunes123
07-05 06:16 PM
Great Idea. I will definitely attend. But would recommend to keep before the Day Light Savings Period end. Just to help for the drivers who needs to drive long distance.
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chintu25
08-19 05:45 PM
Excellent job guys :)
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desi3933
07-09 11:16 AM
What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
Thanks
Every employment based I-485 applicant has to show (read: prove) that he/she is maintaining valid non-immigrant status prior to filing of I-485 application since last entry into USA. The out of status days must be less than 180 days.
For valid H1 status, the LCA location dictates the job location. The job location must be 50 miles (I need to check on this) with in LCA location.
In this case, a person was working in area B but his LC (for green card) was area A. He claimed AC-21 (AC-21 allows person to work on different location for future GC job). His I-485 denied and he filed appeal.
In appeal it was found out that he is eligible for AC-21. However it was also found that at the filing of I-485 he was working in area B whereas his H1B LCA indicated area A, so he was out of H1 status (for more than 180 days) at the time of I-485 application. So his I-485 application was denied.
_______________________
Not a legal advice.
onemorecame
06-11 04:41 PM
Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?
Zee.
People are getting confuse with this thread. Please close this.
you can check July Bulletin in :
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Zee.
People are getting confuse with this thread. Please close this.
you can check July Bulletin in :
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
rajeshalex
09-06 10:34 PM
Lack of knowledge of FIFO.. Low hanging fruits are picked first. July 07 applicants are given low preference when compared with 08 applicants..
rajesh
rajesh