martinvisalaw
06-11 04:52 PM
Hi Attorneys,
Recently I have filed my H1B petition . However due to some emergency I need to quit my current organisation (Company A) who has sponsored the H1B . My questions are :
1. Would there be any adverse effect if in future Company B files H1B for me ?
2. What generally happens if I file H1B and am not able to attend the interview ?
3. Is there any way Company A can revoke the H1B petition after I resign before H1B interview ?
Would appreciate a quick a reply .
1. There shouldn't be any negative consequences if you change from one H-1B employer to another. People do this all the time.
2. What "interview" do you refer to? If you mean a visa interview at the consulate, you should cancel if you cannot attend.
3. Company A can and should withdraw the H-1B petition once you leave the company. This should not affect you getting new H-1B status, assuming there is no major gap between leaving Company A and Company B filing the new petition.
Recently I have filed my H1B petition . However due to some emergency I need to quit my current organisation (Company A) who has sponsored the H1B . My questions are :
1. Would there be any adverse effect if in future Company B files H1B for me ?
2. What generally happens if I file H1B and am not able to attend the interview ?
3. Is there any way Company A can revoke the H1B petition after I resign before H1B interview ?
Would appreciate a quick a reply .
1. There shouldn't be any negative consequences if you change from one H-1B employer to another. People do this all the time.
2. What "interview" do you refer to? If you mean a visa interview at the consulate, you should cancel if you cannot attend.
3. Company A can and should withdraw the H-1B petition once you leave the company. This should not affect you getting new H-1B status, assuming there is no major gap between leaving Company A and Company B filing the new petition.
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delhiguy
06-23 08:51 AM
Dear Attorney.
I would really appreciate your views on this.
My Company says that the Minimum Job requirement for the my JOB is
5 years of progressive exp in developing applications in JAVA
and there in 2 years of experience in mobile systems.
I have 6 years of progressive experience in Java, and 4 years in mobile systems. Do you anticipate any issues with an EB2 approval.
I always thought eb2 is ms/bs+ 5 years of progressive, i never know it could be bs + 5 years in core skills and 2 years in others.
I would really appreciate your views on this.
My Company says that the Minimum Job requirement for the my JOB is
5 years of progressive exp in developing applications in JAVA
and there in 2 years of experience in mobile systems.
I have 6 years of progressive experience in Java, and 4 years in mobile systems. Do you anticipate any issues with an EB2 approval.
I always thought eb2 is ms/bs+ 5 years of progressive, i never know it could be bs + 5 years in core skills and 2 years in others.
Blog Feeds
10-13 09:00 AM
The U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification, issued a Frequently Asked Questions on Permanent Labor Certifications, titled Round 12.
In that update they answer the employer point of contact questions that is often asked by employers. The answer is that the employer must designate as its point of contact an employee of the employer who is authorized to act on its behalf in labor certification matters pertaining to the specific job opportunity for which certification is sought.
The designated employee may not be the sponsored foreign worker. The employer point of contact will be contacted by the National Processing Center to verify whether the employer is authorizing the filing of the application and sponsoring the foreign worker named therein.
Therefore, an authorized employee�s name and contact information must be listed in Section D of the employer�s submitted ETA Form 9089. It is not acceptable, for example, to reenter the employer�s name listed in Section C of the ETA Form 9089 or provide a generic title such as �HR Manager.�
Moreover, as indicated on the ETA Form 9089 and accompanying instructions, such a person�s name and/or contact information, e.g., the phone number and email address, must be different from the attorney or agent name and/or contact information listed in Section E of the ETA Form 9089, unless the attorney or agent is an employee of the employer. This has been a subject of a few audits in recent years.
More... (http://www.visalawyerblog.com/2010/10/perm_labor_certification_who_m.html)
In that update they answer the employer point of contact questions that is often asked by employers. The answer is that the employer must designate as its point of contact an employee of the employer who is authorized to act on its behalf in labor certification matters pertaining to the specific job opportunity for which certification is sought.
The designated employee may not be the sponsored foreign worker. The employer point of contact will be contacted by the National Processing Center to verify whether the employer is authorizing the filing of the application and sponsoring the foreign worker named therein.
Therefore, an authorized employee�s name and contact information must be listed in Section D of the employer�s submitted ETA Form 9089. It is not acceptable, for example, to reenter the employer�s name listed in Section C of the ETA Form 9089 or provide a generic title such as �HR Manager.�
Moreover, as indicated on the ETA Form 9089 and accompanying instructions, such a person�s name and/or contact information, e.g., the phone number and email address, must be different from the attorney or agent name and/or contact information listed in Section E of the ETA Form 9089, unless the attorney or agent is an employee of the employer. This has been a subject of a few audits in recent years.
More... (http://www.visalawyerblog.com/2010/10/perm_labor_certification_who_m.html)
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shan74
12-10 01:51 PM
Did anyone applied for I-140 in September 2006 and still waiting for approval.
more...
alkg
10-26 02:05 PM
Yes I files my applications at NSC but receipt nos are of TSC
Ann Ruben
01-19 10:25 AM
Applicants for k-3 visas must apply at the US Consulate in the country where the marriage took place, or in their country of nationality. So, unless your marriage took place in canada, your husband will not be able to apply there for a K-3 visa.
Situations such as yours are complicated and very fact specific. You should consult with an experienced immigration attorney before taking any further action on your own.
Situations such as yours are complicated and very fact specific. You should consult with an experienced immigration attorney before taking any further action on your own.
more...
martinvisalaw
10-13 03:20 PM
The documents you need to be able to legally marry depend on the rules where you intend to get married. It is not really an immigration question.
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jonty_11
07-25 04:26 PM
FYI
EXTENSION OF TEMPORARY SUSPENSION OF PREMIUM PROCESSING SERVICE FOR FORM I-140
linky-->http://www.uscis.gov/files/pressrelease/PremProcI140_072407.pdf
Sorry if this is a repost.
-M
USCIS is all about balancing work...they are being forced to accept butt-load of AOS application, and they shift the balance this way....
Also they will take months or even years to send back receipts EADs etc...wait n watch....we made them swallow the tought pill, and they will make the same pill stuck in our throat for eternity now.....
EXTENSION OF TEMPORARY SUSPENSION OF PREMIUM PROCESSING SERVICE FOR FORM I-140
linky-->http://www.uscis.gov/files/pressrelease/PremProcI140_072407.pdf
Sorry if this is a repost.
-M
USCIS is all about balancing work...they are being forced to accept butt-load of AOS application, and they shift the balance this way....
Also they will take months or even years to send back receipts EADs etc...wait n watch....we made them swallow the tought pill, and they will make the same pill stuck in our throat for eternity now.....
more...
WillIWin?
05-16 08:17 PM
I'm coming to the US for the first time on H1B. Do I need a one way or a return ticket? My travel agent told me that since I have a multiple entry visa (expiring on Oct 2011) a return ticket is not required unless I need to travel back home within one year. Could someone with knowledge about this issue help me out. I would really appreciate a reply from someone who recently landed in the US on H1B.
Thanks
Ticket does not matter if you are on H1B - one way should be fine.
Thanks
Ticket does not matter if you are on H1B - one way should be fine.
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kothuri
11-23 12:00 PM
Yes to both.
more...
jambvan
10-29 08:51 PM
I have received my FP notice one month back and have my appointment scheduled for next tuesday. I haven't received my wife and daughter's FP notice yet. (my daughter is 7 years old)
I called USCIS 2 to 3 times and finally 10 days back they told me that my wife and daughter’s appointment also set for same date as mine and he was not sure why they have not sent me notice yet. USCIS Rep told me that he is going to send me a copy. I haven't received copy yet as of today. I called USCIS again yesterday but they couldn’t see if notice has been sent or not.
I have checked with post office and they haven't received anything either.
I am planning to go to ASC with my family and will see if they could take FP for them along with me. USCIS also suggested same but they can't guarantee if ASC will take it or not.
Has anyone experienced this before? Please let me know if you have any suggestions. Thank you!
Update: I went to ASC office yesterday and they gave me copy of FP notice for my wife and daughter from their system without any hesitation.
I called USCIS 2 to 3 times and finally 10 days back they told me that my wife and daughter’s appointment also set for same date as mine and he was not sure why they have not sent me notice yet. USCIS Rep told me that he is going to send me a copy. I haven't received copy yet as of today. I called USCIS again yesterday but they couldn’t see if notice has been sent or not.
I have checked with post office and they haven't received anything either.
I am planning to go to ASC with my family and will see if they could take FP for them along with me. USCIS also suggested same but they can't guarantee if ASC will take it or not.
Has anyone experienced this before? Please let me know if you have any suggestions. Thank you!
Update: I went to ASC office yesterday and they gave me copy of FP notice for my wife and daughter from their system without any hesitation.
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go_getter007
12-12 09:09 PM
Good luck with whatever club you belong to.
GG_007
sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.
GG_007
sorry - just thought you would laugh it off - forgot i'm in the 'extra sensitive' club of gc seekers.
more...
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arc
06-13 02:56 PM
June 30 or June 8???
I thought it was june 8...
I thought it was june 8...
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Templarian
10-08 07:39 AM
:fab:
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probe
11-12 09:37 AM
I had applied for my EAD , AOS on July 30th. I did received my EAD and I-485 receipts.But my wife never received hers, on contacting USCIS I came to know they had my address wrong .Receipts & EAD are delivered to my neighbours mail box,it seems they trashed all documents, I don't know what else I can do.
Any help is appreciated.
Any help is appreciated.
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shimul99
08-30 05:17 PM
Was it from texas or nebraska?
it was from Nabraska
it was from Nabraska
more...
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soumya_bhatta
08-18 11:04 AM
I am on H1B in USA and am an Indian citizen. I have been divorced and about to get remarried. My would be has a natural born kid of from her previous marriage before her husband expired. I will marry her legally per Hindu custom and then complete the registration after that. I will adopt her kid also as per proper procedure.
This is NOT like regular adoption. Usually when a couple can't have any kid of their own, they adopt someone. Or despite having a kid they adopt another kid etc. In these cases getting an H4 is very tough, or so I heard.
Shall I be able to get an H4 for this biological kid of my would be spouse? Again, she is a biological kid of her.
This is NOT like regular adoption. Usually when a couple can't have any kid of their own, they adopt someone. Or despite having a kid they adopt another kid etc. In these cases getting an H4 is very tough, or so I heard.
Shall I be able to get an H4 for this biological kid of my would be spouse? Again, she is a biological kid of her.
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eilsoe
10-07 10:39 AM
Notice the change in the eyes... :)
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lg123
12-25 12:05 PM
Hi,
I have worked in the US for 3 months (april, may and june) on H1b visa and still haven't got my pay stubs. Recently I came to India for my marriage and after marriage, I want to go to US on L2 visa (my fiance is on L1 visa). While trying to go to US on L2 visa, will I be asked to produce my previous pay stubs? Also when I asked my employer to give my pay stubs he said he had lost them and said instead of pay stubs I can have W2 which will be the proof that I have worked. Will the W2 be enough or I need the pay stubs? Please someone clarify my doubts.
Thanks.
I have worked in the US for 3 months (april, may and june) on H1b visa and still haven't got my pay stubs. Recently I came to India for my marriage and after marriage, I want to go to US on L2 visa (my fiance is on L1 visa). While trying to go to US on L2 visa, will I be asked to produce my previous pay stubs? Also when I asked my employer to give my pay stubs he said he had lost them and said instead of pay stubs I can have W2 which will be the proof that I have worked. Will the W2 be enough or I need the pay stubs? Please someone clarify my doubts.
Thanks.
Ann Ruben
02-20 05:56 PM
Hi Simi,
The fact that the company that sponsored your GC shuts down or files for bankruptcy should not have any impact on you. As long as you have an approved I-140, an I-485 pending more than 180 days and a job offer in the same or similar occupation, you are protected by AC-21.
It would be prudent to make sure that you now have copies of all documents relating to your GC case, including complete copy of LC, I-140 petition and supporting docs, H petitions, pay records etc.
Ann
The fact that the company that sponsored your GC shuts down or files for bankruptcy should not have any impact on you. As long as you have an approved I-140, an I-485 pending more than 180 days and a job offer in the same or similar occupation, you are protected by AC-21.
It would be prudent to make sure that you now have copies of all documents relating to your GC case, including complete copy of LC, I-140 petition and supporting docs, H petitions, pay records etc.
Ann
bala50
09-19 12:52 PM
http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
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