johnykah1
01-18 07:18 PM
My case is like this....
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
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gc_maine2
07-12 09:50 AM
I don't think you can delete just close it.. so that no one will post it again in this thread., you can see the close button if you are the owner of this thread.
Thanks
How to delete the thread??
Thanks
How to delete the thread??
vivaforever
08-08 02:24 PM
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gullu786
03-24 03:42 PM
Hi,
Do we need to state the reason for canada visit as tourism or state the true objective (ie get a H1B Visa stamping)? My US F-1 visa has expired, so it would be obvious that I cannot return without a new US Visa?
Thanks
gak
Do we need to state the reason for canada visit as tourism or state the true objective (ie get a H1B Visa stamping)? My US F-1 visa has expired, so it would be obvious that I cannot return without a new US Visa?
Thanks
gak
more...
clarify21
11-25 03:29 PM
Hello everyone,
I have an H1-B from my current employer and my green card is in process. I have received my EAD.
I would like to work parttime at a different place while working fulltime with my current employer. There are soooo... many forums which talk about not using EAD with H1-B since this will cause the H1-B void.
Is there a USCIS source where we can get a clarification of using EAD with H1B? Looking forward to your replies.
Thanks!
I have an H1-B from my current employer and my green card is in process. I have received my EAD.
I would like to work parttime at a different place while working fulltime with my current employer. There are soooo... many forums which talk about not using EAD with H1-B since this will cause the H1-B void.
Is there a USCIS source where we can get a clarification of using EAD with H1B? Looking forward to your replies.
Thanks!
jsb
11-27 04:31 PM
Thank you wandmaker. This helps.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
- But can a person be unemployed before the 180 days elapse? What happens if person is unable to find a job before 180 days?
- Also, per your information - can the person find a new job, change H1s and then wait for 180 days to send in a letter to USCIS?
The whole GC process is based on future employment which your employer undertook to give you on your getting GC. If your employer (who let you go) is still committed to that, you are fine, but that is unlikely. Best is just do nothing until 180 days pass, except finding another employer (no problem if you are unemployed in between) who is prepared to offer you same/similar job. Once 180+ days pass, you are ok provided your I-140 was already approved or is approvable. You may want to read bulletins on the subject USCIS has issued time to time.
Yes, you can wait for 180 days before telling USCIS about your new same/similar job. You don't need to change H1, just use EAD.
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vine93
11-10 04:24 PM
it happened to me also. Pl check the number you have provided in your profile. IV cordinator tried to call me at the old number which I had given into profile. once I updated the new number and talked to them , I was able to see as Donor.
This is just to make sure right person are having Donor access.
This is just to make sure right person are having Donor access.
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VMH_GC
07-22 01:40 PM
thanks guys. i wished there was any interim EAD to continue work.
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gg_ny
06-22 10:11 AM
This is a general question: if service center processing time is current with
the 485 notice date and PD is retrogressed, what happens in this situation?
thanks.
the 485 notice date and PD is retrogressed, what happens in this situation?
thanks.
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minimalist
09-10 02:54 PM
Is it true that my spouse (currently on H4) with pending AOS if outside US when my (principal applicant) approval comes, will not be able to use H4. Will her H4 get invalidated the moment i become a permanent resident. What happens if she boards a plane and reaches US to find that her H4 is not valid ?
Is this a valid circumstance. Has anyone been in a similar situation.
H4s better keep AP along when traveling.
Is this a valid circumstance. Has anyone been in a similar situation.
H4s better keep AP along when traveling.
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abhisam
08-18 03:39 PM
this is the first time I have heard such a situation. as far as I know..uscis had to do either of the two things..return the package or send reciept notice. I dont think they are allowed to keep the application fees if they dont intend to process the petition.
Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.
Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.
Please check with other people..but what your lawyer is saying does not sound right to me. Have you checked with the company sponsoring your brothers H1-B? maybe they can ask the lawyer for a definite answer.
Also, did you apply under regular processing or premium processing? if it was premium processing..USCIS had to give an answer by April end.
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bang
03-24 04:59 PM
You should mention both the intent, i did that last year and it was no problem (it was in seattle where i applied for Visa)
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whyregisteration
12-13 02:40 PM
strongly support :)
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milestones
12-08 11:26 PM
Thanks for the reply Ramo. But my question seems to be partially answered. I do understand what you have stated.
I have a degree that is equivalent to 4 years of education and is from the US.
Can you give me more information around the question that can I file H1B as an IT consultant with a Bachelors degree in healthcare?
I have a degree that is equivalent to 4 years of education and is from the US.
Can you give me more information around the question that can I file H1B as an IT consultant with a Bachelors degree in healthcare?
more...
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haisylu
06-16 04:46 PM
Do I need to provide any proof during the interview stating he is my step son? or the documents between the mother and the son will suffice?
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hibworker
02-05 10:07 PM
Thanks @hibworker
Have you tried this option before.
Yes - it is quite smooth.
Have you tried this option before.
Yes - it is quite smooth.
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vin13
03-23 10:58 AM
Hi,
Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.
Under the circumstances, can I apply for a AC21.
Thanks,
Soumya
Please update your profile.
thanks
Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.
Under the circumstances, can I apply for a AC21.
Thanks,
Soumya
Please update your profile.
thanks
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acecupid
09-12 10:06 AM
Hi all!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Mother will obviously be illegal. You should have no doubts about that!
Wat would be the status of F1 student (OPT) mother of a US born baby after her visa expires, who is a single parent???
Mother will obviously be illegal. You should have no doubts about that!
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ragool25
08-30 05:36 PM
Thanks mhathi for your response.
How long ( no of days) does the USCIS California center takes to decide the case for Fresh H1( F1- H1) RFE after requested documents were submitted before deadline under premium processing category.
How long ( no of days) does the USCIS California center takes to decide the case for Fresh H1( F1- H1) RFE after requested documents were submitted before deadline under premium processing category.
jcrajput
10-19 10:24 AM
please help.
javadeveloper
03-28 07:20 PM
Are you sure that if the employer is not revoking 140, (but they will cancel h1b ) i can join some other employer after receiving EAD.
Canceling h1b doesn't affect I-485.I am not sure about I-140 part.
Canceling h1b doesn't affect I-485.I am not sure about I-140 part.
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