gc28262
06-04 03:39 PM
I am a July 2007 filer joined new company(1000+ employees) in Jan 2009 & applied for H1 transfer. H1 with old company is valid till January 2010.
Now my H1 transfer is denied. I am 99% sure my company will not file MTR. It looks like it is their corporate policy. Most probably i will not even know the reason why it was denied. (again corporate policy).
I need your valuable suggestion. What are my options here?
1) Can i go back to original company if possible?
2) Can i be able to do an H1 transfer if I find some other company? Will it be approved considering that MTR is not filed for current applicaiton.
3) If I can file for H1 transfer with other company how much time i have to do it.
I don't want to move to EAD as i have leave country if some thing happens to my 485.
I earlier put this in a wrong category, so reposting here. Do any others have input?
If your H1B with older employer hasn't expired and they haven't canceled it, you can go back to your old employer.
You can also try transferring to another company. As a safety precaution I would do the following.
1. Make sure the new company has good record with USCIS.
2. Move to the new company only once you get the approval notice.
( Don't start working on a receipt notice)
Now my H1 transfer is denied. I am 99% sure my company will not file MTR. It looks like it is their corporate policy. Most probably i will not even know the reason why it was denied. (again corporate policy).
I need your valuable suggestion. What are my options here?
1) Can i go back to original company if possible?
2) Can i be able to do an H1 transfer if I find some other company? Will it be approved considering that MTR is not filed for current applicaiton.
3) If I can file for H1 transfer with other company how much time i have to do it.
I don't want to move to EAD as i have leave country if some thing happens to my 485.
I earlier put this in a wrong category, so reposting here. Do any others have input?
If your H1B with older employer hasn't expired and they haven't canceled it, you can go back to your old employer.
You can also try transferring to another company. As a safety precaution I would do the following.
1. Make sure the new company has good record with USCIS.
2. Move to the new company only once you get the approval notice.
( Don't start working on a receipt notice)
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guyfromsg
09-10 09:28 PM
Folks who are coming to the rally please register for the lobbyday. We have already 4 people planning on 18th afternoon and two for 19th morning. Details here
http://immigrationvoice.org/forum/showthread.php?t=12749&referrerid=2549
http://immigrationvoice.org/forum/showthread.php?t=12749&referrerid=2549
chi_shark
09-22 02:44 PM
Hi Tatyavinchu... is that "tatya" "vinchu" like tatya scorpion? Are you from maharashtra, india? just curious...
i have done an s-corp on ead and i am the shareholder, director, ceo, treasurer, secretary, sales man and producer... my primary day job is in IT and i intend to run this s-corp part time doing non-IT work... my lawyers tell me there is nothing wrong with this setup... but they said that if you work for yourself for the day job (i.e. GC sponsoring job), the burden of proving to USCIS that you really have plentiful work to keep you employed 40 hours a week and 2000 hours a year on a "permanent" basis (whatever be the number) lands on your shoulders... if things go south and you are unable to prove permanent employment to USCIS satisfaction, there is not too much you can do to save yourself... as for non-IT (or IT) part time work in your own corporation, i am basically free to do anything other than a sponsoring job as long as i can prove that i intend to work for my GC sponsor permanently. remember, all this shit happens only if USCIS sends an RFE and then they actually read through it and discover what you dont want them to discover and then they take objections...
so at the end of the day, in terms of law, i or my lawyers would not say it is illegal to do what you or i are doing... but such cases have not had a precedent in the courts that you or i could potentially use as a guideline for your decisions...
even i am in the middle of decision making as to whether I should dissolve and restart my illinois corporation with some other director and office than me...
hope this helps... wish you luck... let us know what you end up doing...
I am sorry inskrish but I am a CFO just for paperwork purposes of an s-corp I am no way a financial guy. sorry.
i have done an s-corp on ead and i am the shareholder, director, ceo, treasurer, secretary, sales man and producer... my primary day job is in IT and i intend to run this s-corp part time doing non-IT work... my lawyers tell me there is nothing wrong with this setup... but they said that if you work for yourself for the day job (i.e. GC sponsoring job), the burden of proving to USCIS that you really have plentiful work to keep you employed 40 hours a week and 2000 hours a year on a "permanent" basis (whatever be the number) lands on your shoulders... if things go south and you are unable to prove permanent employment to USCIS satisfaction, there is not too much you can do to save yourself... as for non-IT (or IT) part time work in your own corporation, i am basically free to do anything other than a sponsoring job as long as i can prove that i intend to work for my GC sponsor permanently. remember, all this shit happens only if USCIS sends an RFE and then they actually read through it and discover what you dont want them to discover and then they take objections...
so at the end of the day, in terms of law, i or my lawyers would not say it is illegal to do what you or i are doing... but such cases have not had a precedent in the courts that you or i could potentially use as a guideline for your decisions...
even i am in the middle of decision making as to whether I should dissolve and restart my illinois corporation with some other director and office than me...
hope this helps... wish you luck... let us know what you end up doing...
I am sorry inskrish but I am a CFO just for paperwork purposes of an s-corp I am no way a financial guy. sorry.
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gc28262
02-13 10:25 PM
As he is living in NJ, he need to pay NJ taxes.
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chanduv23
02-07 09:37 PM
ABCD ??? :confused:
What is that? Some four letter word?
ABCD = American Born Confused Desi
ABC = American Born Chinese
What is that? Some four letter word?
ABCD = American Born Confused Desi
ABC = American Born Chinese
hariswaminathan
04-25 04:07 PM
As part of Team IV I took ownership of organizing IV professional networking events and had some time carved out this weekend to put some thoughts together on how to do this. We already have a linkedin group for Immigration Voice and I have become a member of this already. I will be glad to work with you on this.
please PM me your contact information & location. Do you have some time to talk about this weekend? I can give you a call to discuss.
please PM me your contact information & location. Do you have some time to talk about this weekend? I can give you a call to discuss.
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mheggade
07-18 03:28 PM
Hi,
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ....
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
Please change the subject line. After reading your post it looks like he is insisting on comming on to his payroll not balckmailing.
I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ....
Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.
I need your valuable suggestions to make my decision, my questions are:
1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???
2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?
3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???
5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?
Many Thanks in Advance!!
Please change the subject line. After reading your post it looks like he is insisting on comming on to his payroll not balckmailing.
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HOPE_GC_SOON
07-30 11:13 AM
Sundeep:
You are already benefited by AOS 485. How can you shift now. I know, there is a Form 8xxx. something, which would cancel 485, and provide CP. But knowing the level of efficiency and proximity, it is NO BRAINER to adapt that route.
Also, if Ron's Pessimism should hold good, NO ONE in the immgn. community is good to go. Dont worry tooo much, Look at the pace, you got July 07, Fiasco results. I donot think, the error cases are even 1% of total filing. Though, they initially messed around, people were benefited with that.
Again see the flow of EAD Renewals... Good and encouraging. Dont swing around, and stay tuned.. You are fine to go.. Trust me.. Have confidence in the system, it will deliver. :) Your good friend's advice.
What's your PD/RD/ND/ Category ??
I'have appplied for 485 thru AOS...i am currnetly workin on EAD.....i was wonderin if i can switch to CP at this stage..
windsor..u surely will get ur GC....based on what i read on ron's website....ron is sayin that for people who are waiitin for USCIS to approve their cases here ...its really not goin to happen...
http://www.immigration-information.com/forums/showthread.php?p=21352&posted=1#post21352
You are already benefited by AOS 485. How can you shift now. I know, there is a Form 8xxx. something, which would cancel 485, and provide CP. But knowing the level of efficiency and proximity, it is NO BRAINER to adapt that route.
Also, if Ron's Pessimism should hold good, NO ONE in the immgn. community is good to go. Dont worry tooo much, Look at the pace, you got July 07, Fiasco results. I donot think, the error cases are even 1% of total filing. Though, they initially messed around, people were benefited with that.
Again see the flow of EAD Renewals... Good and encouraging. Dont swing around, and stay tuned.. You are fine to go.. Trust me.. Have confidence in the system, it will deliver. :) Your good friend's advice.
What's your PD/RD/ND/ Category ??
I'have appplied for 485 thru AOS...i am currnetly workin on EAD.....i was wonderin if i can switch to CP at this stage..
windsor..u surely will get ur GC....based on what i read on ron's website....ron is sayin that for people who are waiitin for USCIS to approve their cases here ...its really not goin to happen...
http://www.immigration-information.com/forums/showthread.php?p=21352&posted=1#post21352
more...
siva9
10-15 11:15 AM
This good assumption:)
Here are my whole year predictions for EB2
October Bulletin - Dates Moved back - because new year quota just started
November Bulletin - Dates forward a bit - its a good sign
December Bulletin - Dates turn U - quota for this quarter is over
January Bulletin - Dates again start same as Oct Bulletin - wait for next month
Feburary Bulletin - Same as Nov Bulletin - Wait another month
March Bulletin - Dates tunn U - quota for this quarter over
April Bulletin - Some movement better than Oct - wow I m so close
May Bulletin - Same as April or little movement - wow I m very very close
June Bulletin - U - Damn just missed the boat may be next month
July Bulletin - siginificent movement - wow I m current
August Bulletin - All the way to 2006 - what the crap 2006 get approvals
September Bulletin - remains 2006 - whats the use numbers are over
Wait another year ...cycle continues .....
Here are my whole year predictions for EB2
October Bulletin - Dates Moved back - because new year quota just started
November Bulletin - Dates forward a bit - its a good sign
December Bulletin - Dates turn U - quota for this quarter is over
January Bulletin - Dates again start same as Oct Bulletin - wait for next month
Feburary Bulletin - Same as Nov Bulletin - Wait another month
March Bulletin - Dates tunn U - quota for this quarter over
April Bulletin - Some movement better than Oct - wow I m so close
May Bulletin - Same as April or little movement - wow I m very very close
June Bulletin - U - Damn just missed the boat may be next month
July Bulletin - siginificent movement - wow I m current
August Bulletin - All the way to 2006 - what the crap 2006 get approvals
September Bulletin - remains 2006 - whats the use numbers are over
Wait another year ...cycle continues .....
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saxx
08-11 11:45 PM
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pankaj_singal
08-18 10:24 AM
Thanks for your reply...
Just one more follow up:
To be on payroll for 2 employers... is it the case if someone is awaiting either bonus/severance package?
----
Some answers as far as I know:
1. Could we file labor certification in 6th year?
Yes, you can. the only issue with that is, that you can not file H1 extension beyond 6 yrs unless either labor is filed more than a year ago or 140 is approved. Looking at current backlog, chances that 140 gets approved before 1 yr are slim. So if you file LC in 6th year, there could be a gap after your 6 yrs of H1 expires and before you can apply for extension. You can "fill" this gap with either recapture of vacation days during 6yrs H1 or just go back to home country during that gap.
2. What are the risks in doing so?
No additonal risks that what I have answered above.
3. Does the time you were out of country counts towards your h1 or not?
No, the time that you were out of country does not count towards 6 yrs of your total H1 time. You can recapture that time and extend your H1 for that much amount of time.
4. What if you are on payroll for 2 employers at the same time? Does this effect in any way while adjucating for 485?
This is a difficult question. There are only a very very limited circumstances when you can get paid by two employers while on H1. (you should have two H1s: one full time and one part time. Or if there is some sort of contractual agreement between two employers, rarely, people have ammended H1) but these are not common scenarios. Ask a competent attorney explaining the details. This could be a problem of significant magnitude.
Good Luck.
-------
Just one more follow up:
To be on payroll for 2 employers... is it the case if someone is awaiting either bonus/severance package?
----
Some answers as far as I know:
1. Could we file labor certification in 6th year?
Yes, you can. the only issue with that is, that you can not file H1 extension beyond 6 yrs unless either labor is filed more than a year ago or 140 is approved. Looking at current backlog, chances that 140 gets approved before 1 yr are slim. So if you file LC in 6th year, there could be a gap after your 6 yrs of H1 expires and before you can apply for extension. You can "fill" this gap with either recapture of vacation days during 6yrs H1 or just go back to home country during that gap.
2. What are the risks in doing so?
No additonal risks that what I have answered above.
3. Does the time you were out of country counts towards your h1 or not?
No, the time that you were out of country does not count towards 6 yrs of your total H1 time. You can recapture that time and extend your H1 for that much amount of time.
4. What if you are on payroll for 2 employers at the same time? Does this effect in any way while adjucating for 485?
This is a difficult question. There are only a very very limited circumstances when you can get paid by two employers while on H1. (you should have two H1s: one full time and one part time. Or if there is some sort of contractual agreement between two employers, rarely, people have ammended H1) but these are not common scenarios. Ask a competent attorney explaining the details. This could be a problem of significant magnitude.
Good Luck.
-------
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GC_1000Watt
03-23 12:55 PM
In Feb 2011 you filed taxes for calendar year 2010 - in which you were single. So you can not re-file as 'Married filing jointly' for 2010 tax return. For 2011 - yes you will be able to file 'Married Filing Jointly'
Thanks for the reply!
Thanks for the reply!
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retrohatao
06-26 07:38 AM
But if I talk to him before, does it not give them an indication that I am plannig to leave. I am not really planning to leave, but would like to keep the options well planned just in case. I wish I could discuss with them, however would like to know what are my options.
Thanks
Thanks
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walking_dude
11-09 02:14 PM
Those are NPR contact numbers. Not to their show.
You can Call (800) 989-8255
Or send questions through their web-site - http://www.npr.org/contact/totn.html
You can Call (800) 989-8255
Or send questions through their web-site - http://www.npr.org/contact/totn.html
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Proud American
12-10 10:43 AM
Since most members on this forum seem to be Indians, I have a question. How multicultural are Indian cities like Mumbai? Why don't you have millions of immigrants from totally different cultures slamming into your country every year? Here's a clue to the poster above, maybe we'd like our cities to look like American ones. And the sad fact is that London has ceased to be a British city anymore; it is one, like many here in the US, where the British people have fled to smaller communities to live in something that looks like Britian to them.
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godspeed
04-27 07:20 AM
Thanks for replying guys, yeah I am not sure wether my privious employer has revoked my I140 or not, I just wanted to know what should be my next step. I have still not got the the RFE paper should I wait or call USCIS to know what is RFE. Please any help at this time is appricated, as I am losing sleep.
My only advice would be to hire a good attorney who can tackle this RFE, you have waited so long and almost on the verge of crossing over, don't take any chances.
It is clear from your first post that your approved I-140 is revoked by petitioning employer however it should not be an issue since you are on EAD and utilized AC21.
Usually the RFE takes about 5-8 working days to reach either you or your attorney(if you had filled in G28 form - the right to represent), contact USCIS if the above time has passed.
My only advice would be to hire a good attorney who can tackle this RFE, you have waited so long and almost on the verge of crossing over, don't take any chances.
It is clear from your first post that your approved I-140 is revoked by petitioning employer however it should not be an issue since you are on EAD and utilized AC21.
Usually the RFE takes about 5-8 working days to reach either you or your attorney(if you had filled in G28 form - the right to represent), contact USCIS if the above time has passed.
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logiclife
02-14 06:46 PM
You would be surprised to know that many of legal high-skilled and so called "educated" immigrants so so so afraid of speaking up...as if they live in Bihar where Laloo's goons would chop off their tongue if they speak up.
There are folks who think that they will be prosecuted for posting messages here and deported. And I am talking about H1B folks who are "Educated" and "High Skilled" legal immigrants. There are people that think that they will be somehow "Black listed" by their employers and fired and deported for speaking up here and contributing $$. I am not kidding. There are many people who come to this website daily read stuff and then pray for our success but wont contribute money or wont post any thoughts or opinions because they are afraid. Afraid of God knows what.
So far, all those coward H1bs have not cited a single law that says that its illegal to register an organization to mobilize efforts to influence public policy via legislation.
I guess those cowards, the so called "High skilled" immigrants can only work in their cubicles hiding and muttering and praying for greencards but will never stand up and grow a back bone.
Illegals are actually much more deserving than us because not only do they have the gall to jump international borders to seek work, they have the gall to actually protest against people who point out that they are illegals.
There are folks who think that they will be prosecuted for posting messages here and deported. And I am talking about H1B folks who are "Educated" and "High Skilled" legal immigrants. There are people that think that they will be somehow "Black listed" by their employers and fired and deported for speaking up here and contributing $$. I am not kidding. There are many people who come to this website daily read stuff and then pray for our success but wont contribute money or wont post any thoughts or opinions because they are afraid. Afraid of God knows what.
So far, all those coward H1bs have not cited a single law that says that its illegal to register an organization to mobilize efforts to influence public policy via legislation.
I guess those cowards, the so called "High skilled" immigrants can only work in their cubicles hiding and muttering and praying for greencards but will never stand up and grow a back bone.
Illegals are actually much more deserving than us because not only do they have the gall to jump international borders to seek work, they have the gall to actually protest against people who point out that they are illegals.
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gchopes
02-06 09:52 AM
I am now past the 180 day filing period for 485. Also, 140 has been approved. But my employer hasnt applied for my EAD / AP as I have a valid H1B.
If I get laid off but employer promises no I-140 revocation -
Can I then apply for EAD / AP on my own and look for a job thereby not have to leave the country for good?
Is it ok to have a gap between H1B expiry date (say July 31, 2008) and start of EAD (Oct 1, 2008) when a person is in AOS?
If I get laid off but employer promises no I-140 revocation -
Can I then apply for EAD / AP on my own and look for a job thereby not have to leave the country for good?
Is it ok to have a gap between H1B expiry date (say July 31, 2008) and start of EAD (Oct 1, 2008) when a person is in AOS?
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Neverbirth
08-03 05:49 PM
- How can I open another window? they don't have any Show() method like forms :?.
Just realized that windows do have a Show() and ShowDialog() methods, although, unlike Windows Forms, you are forced to make an instance of the window to show.
- When adding a form buttons and other controls have their Win32 look, anyone knows if this is normal? and if so, how can I change the behaviour?
I've read about a couple of classes called ElemenHost and WindowsFormsHost that I don't know if have any relation with this, but I can't seem to be able to use them :S, according to the MSDN they are in the System.Windows.Forms.Integration namespace, and haven't find any Integration package.
Still no luck with the other questions.
Just realized that windows do have a Show() and ShowDialog() methods, although, unlike Windows Forms, you are forced to make an instance of the window to show.
- When adding a form buttons and other controls have their Win32 look, anyone knows if this is normal? and if so, how can I change the behaviour?
I've read about a couple of classes called ElemenHost and WindowsFormsHost that I don't know if have any relation with this, but I can't seem to be able to use them :S, according to the MSDN they are in the System.Windows.Forms.Integration namespace, and haven't find any Integration package.
Still no luck with the other questions.
gc4me
01-23 04:28 PM
H4 can participate in voluntary work, please check uscis website for more information. They can also participate in secondary investment like buying/selling stocks.
the worst part for H4 is that we cant even do voluntary work............i was a teacher by profession in india.....a kind of professional they need here..................now i dint want to work or earn money but all i wanted to do was do was voluntary work teaching n school in free time but they required SSN so they could do background check before i can be around children now i dont think i will ever volunteer in this country
the worst part for H4 is that we cant even do voluntary work............i was a teacher by profession in india.....a kind of professional they need here..................now i dint want to work or earn money but all i wanted to do was do was voluntary work teaching n school in free time but they required SSN so they could do background check before i can be around children now i dont think i will ever volunteer in this country
deepakd
04-19 03:13 PM
Hi
I can understand your concerns
I really have plans to go back after getting some good experience.
Anyway, nothing wrong in trying to get a gc and keeping the options open
BTW, job mkt in India is booming and people say the best time to go back is between now and coming three years.
Also, I am sure after few years my job would be outsourced to India.
I have seen so many IT jobs going to India thru big consultancy cos like Deloitte, Accenture etc etc
Anyway good luck to you
regards
Just heard from some wonderful people in the HR that in their opinion, I cannot get payed till they have my H1B extension approval in hand! Of course, the same wonderful HR people waited till the VERY LAST DAY to file the extension! So I have to wait for 2-3 months to get paid, even though I reminded them 2-3 months back to get started on my renewal?
I am soooo done with this country and its semi-educated, inefficient and ignorant bureaucracy and its blood-sucking, greedy, exploitative employers.
The USPS won't forward my mail to my new address correctly after they send me the receipt for my change of address form!
The SSA loses my new-born son's social security card!
Something is going terribly wrong with this country.
I think we had a much better quality of service in India even 10 years back.
On April 24th, I will watch the senate proceedings for one day and decide whether I should go back.
I can understand your concerns
I really have plans to go back after getting some good experience.
Anyway, nothing wrong in trying to get a gc and keeping the options open
BTW, job mkt in India is booming and people say the best time to go back is between now and coming three years.
Also, I am sure after few years my job would be outsourced to India.
I have seen so many IT jobs going to India thru big consultancy cos like Deloitte, Accenture etc etc
Anyway good luck to you
regards
Just heard from some wonderful people in the HR that in their opinion, I cannot get payed till they have my H1B extension approval in hand! Of course, the same wonderful HR people waited till the VERY LAST DAY to file the extension! So I have to wait for 2-3 months to get paid, even though I reminded them 2-3 months back to get started on my renewal?
I am soooo done with this country and its semi-educated, inefficient and ignorant bureaucracy and its blood-sucking, greedy, exploitative employers.
The USPS won't forward my mail to my new address correctly after they send me the receipt for my change of address form!
The SSA loses my new-born son's social security card!
Something is going terribly wrong with this country.
I think we had a much better quality of service in India even 10 years back.
On April 24th, I will watch the senate proceedings for one day and decide whether I should go back.

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