PD200711
01-22 03:43 PM
Case type: H-1 approval without end-client letter
Submitted by Rajiv S. Khanna on Jan 20th 2010, Modified on Jan 20th 2010
Category: H-1 Visa
Status: H-1B approved
We have just received another H-1 approval for an end-client placement. There were two intervening vendors and the end-client declined to provide a letter stating that there is no requirement in law for them to provide any such letter. We had to get together convincing secondary evidence. I was highly doubtful we will get the approval, but we did. So, despite the January 8 memo from USCIS, there is life yet for consulting industry.
Immigration.com Sample Cases | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/sample-cases)
/h-1-visa/another-h-1-approval-without-end-client-letter
Submitted by Rajiv S. Khanna on Jan 20th 2010, Modified on Jan 20th 2010
Category: H-1 Visa
Status: H-1B approved
We have just received another H-1 approval for an end-client placement. There were two intervening vendors and the end-client declined to provide a letter stating that there is no requirement in law for them to provide any such letter. We had to get together convincing secondary evidence. I was highly doubtful we will get the approval, but we did. So, despite the January 8 memo from USCIS, there is life yet for consulting industry.
Immigration.com Sample Cases | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/sample-cases)
/h-1-visa/another-h-1-approval-without-end-client-letter
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cmozla
06-29 03:29 PM
My case: NIW 140 approved, PD 2006/10, now 485 pending. But I am leaving USA to another country for a permanent job. I am not sure if I should withdraw the 485 or just convert it to CP.
1. Will it be possible for me to get the green card thru CP if I get interviewed and can't show any ties with USA? Can I enter USA during CP? I hope to have green card in case I don't like my new job and come back to US someday. But I may just cancel 485 in order to affect the least my future visiting visa application. Suggestions?
2. I am on H1 now, but H1 will expire 1 month before I leave USA. So I understand that I can stay legally on AOS for the one month, true? Do I need to do anything for switching from H1 to AOS? Again, I need to come back to USA for business/visiting, so I want to do everything right not to harm my future non-immigrant visa application.
Thanks a lot for your inputs!
1. Will it be possible for me to get the green card thru CP if I get interviewed and can't show any ties with USA? Can I enter USA during CP? I hope to have green card in case I don't like my new job and come back to US someday. But I may just cancel 485 in order to affect the least my future visiting visa application. Suggestions?
2. I am on H1 now, but H1 will expire 1 month before I leave USA. So I understand that I can stay legally on AOS for the one month, true? Do I need to do anything for switching from H1 to AOS? Again, I need to come back to USA for business/visiting, so I want to do everything right not to harm my future non-immigrant visa application.
Thanks a lot for your inputs!
Bhadwaj
10-07 05:08 PM
Hi,
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
Here is our situation. I am on H1 and have 485 pending for me and my wife. Both of us also have a valid EAD.
My wife was on H1 too, however since Oct'08 she relinquished her H1 status and took up another job using her EAD. Currently, we are planning to have her AP filed (her earlier AP expired in Dec'08).
Given all this, I have following questions.
a). Are there any risks associated with filing AP.
b). I presume her status has been valid so far... reason I ask is that we didn't do anything special in terms of communicating any official agency, when she jumped the boat from H1 to EAD. Were we supposed to?
c). Do you think I can get her on H4 while she continues to work using her EAD. I guess H4 option is more expensive? Any thoughts?
Appreciate any help/pointers on this.
Thanks
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xeixas
08-27 06:23 PM
Has anyone that sent his/her July I485 application to NSC and expect this application to have been transfered to TSC, received a receipt?
more...
alok97
03-03 09:38 PM
Hi, Last year, I heard about a new rule that says that H4 time will not be counted against H1 time so basically, if someone is transferring from H4 to H1, the time spent in H4 will be excluded while deciding the duration of H1.
Is this rule true ? I mean, has it become a law now ? Did somebody use this rule to grab the time spent in H4.
Please let me know.
Is this rule true ? I mean, has it become a law now ? Did somebody use this rule to grab the time spent in H4.
Please let me know.
Blog Feeds
07-27 03:40 PM
US Secretary of Commerce Gary Locke, the former Governor of Washington state, was recently speaking to the Washington International Trade Association in his home state had some frank words about the impact visa denials and delays are having on US commerce: As we seek to open up markets for American companies abroad, the United States must also acknowledge that she has room to improve when it comes to increasing the secure flow of goods, services and people across our own borders. In particular, the United States often makes it too difficult for foreign company executives to enter here to do...
More... (http://blogs.ilw.com/gregsiskind/2009/07/secretary-of-commerce-admits-visa-processing-at-consulates-is-hurting-the-country.html)
More... (http://blogs.ilw.com/gregsiskind/2009/07/secretary-of-commerce-admits-visa-processing-at-consulates-is-hurting-the-country.html)
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07-04 12:40 AM
A new poll from Benenson Strategy Group (commissioned by America's Voice), has a surprising finding - the vast majority of self-identified GOP voters support immigration reform. The poll found the following: When asked whether they support Congress passing �comprehensive immigration reform,� without hearing details about what the plan includes, 63% of Republicans said yes and 22% said no. When given the details behind reform, and asked whether they support Congress passing a law that would: �Secure the border, crack down on employers who hire illegal immigrants, and require illegal immigrants to register for legal immigration status, pay back taxes, and...
More... (http://blogs.ilw.com/gregsiskind/2009/07/poll-most-gop-voters-support-immigration-reform.html)
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njdude26
08-09 04:28 PM
Im currently in my 8th year H1 extension. I will file for my 9th year extension ( 1yr extension) and get it stamped in December. Then I will be outside the country for a year and will come back in next december'07. At that time can i file an extension and get a 3 year extension since i have been out of the country for a year ? If my labor gets approved and 140 gets approved then i know i will be able to do it but if the labor is still stuck....
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imailin
11-23 10:00 AM
Filed: June 07 with Texas Center
USCIS received appl. June 07 2007
extension letter received on around August
Biometric App. done around August.
Have you being approved yet?
How long you think it should take?/
Why Texas takes longer than California and why some cases get transfer to California and some don’t???
please, someone answer this!!
USCIS received appl. June 07 2007
extension letter received on around August
Biometric App. done around August.
Have you being approved yet?
How long you think it should take?/
Why Texas takes longer than California and why some cases get transfer to California and some don’t???
please, someone answer this!!
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Blog Feeds
09-13 05:10 AM
Reuters talks to Pakistani tennis star Aisam ul-Haq, who made it to the men's doubles finals of the US Open this week about his immigration problems entering the US. He seems to maintain a positive attitude despite being regularly grilled by US immigration officials. Of course, he'll need some luck getting an O-1 or EB-1 approval since he didn't actually WIN the US Open. But that's another rant for another day.
More... (http://blogs.ilw.com/gregsiskind/2010/09/champion-tennis-player-regularly-subjected-to-grilling-at-us-ports-of-entry.html)
More... (http://blogs.ilw.com/gregsiskind/2010/09/champion-tennis-player-regularly-subjected-to-grilling-at-us-ports-of-entry.html)
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harryimmi
07-14 05:53 PM
Hi
I came to US with H1 on Apr 2009. My wife who was working in the same company as I do, joined me on Dec 2009 with H4 visa. My H1 has expired on June 18 '10. I have applied for H1 extension much before and currently my status is pending with USCIS. Along with my H1 extension I have also applied for my wife's H4 extension. Her status is also pending.
My company has actually filed H1 visa for my wife for 2011 H1B quota.
I have the following questions, can someone kindly answer the same.
i) If my wife gets her H1 petition approved, should she travel back to my country to get it stamped and for her to work here in US?
Some say she should go back and some say she can start working here with her I797 notice, she can get it stamped whenever she goes to my country. Which is true?
ii) Assuming I get approval for my H1 extension and her H4 extension, should she get H4 extension stamped as well?
iii) Can she go for stamping for H1 as well as H4 in my country, if so which one should she go for first?
I came to US with H1 on Apr 2009. My wife who was working in the same company as I do, joined me on Dec 2009 with H4 visa. My H1 has expired on June 18 '10. I have applied for H1 extension much before and currently my status is pending with USCIS. Along with my H1 extension I have also applied for my wife's H4 extension. Her status is also pending.
My company has actually filed H1 visa for my wife for 2011 H1B quota.
I have the following questions, can someone kindly answer the same.
i) If my wife gets her H1 petition approved, should she travel back to my country to get it stamped and for her to work here in US?
Some say she should go back and some say she can start working here with her I797 notice, she can get it stamped whenever she goes to my country. Which is true?
ii) Assuming I get approval for my H1 extension and her H4 extension, should she get H4 extension stamped as well?
iii) Can she go for stamping for H1 as well as H4 in my country, if so which one should she go for first?
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newuser
07-24 08:36 PM
Folks,
With the new updates from IV, we should be planning lawmaker meets pretty soon.
Please come forward and start being active. Join the State Chapter and become donor's to access more info
With the new updates from IV, we should be planning lawmaker meets pretty soon.
Please come forward and start being active. Join the State Chapter and become donor's to access more info
more...
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validIV
04-21 11:25 AM
Looking for a lawyer that is somewhat familiar with the Child Status Protection Act to answer some questions. If you are in the NYC area and would prefer I pay a fee, please PM me. I have consulted a few lawyers already but none are familiar with the act nor have they filed for anyone that uses this act.
My father filed his Labor Cert. in Aug 1996. I was 19 at the time. He then filed his I-140 on July 2000, and his I-485 on Dec 2000. He received his Greencard in August 2001. I was 24.
According to this faq from Shusterman: http://www.shusterman.com/hr1209-faq.html
the new law provides that she would be automatically reclassfied to an appropriate category, presumably family-based 2B, and that she retain her father's original priority date. This would be the date that his employer submitted the labor certification application.
Does this apply to me? According to this, would I retain my father's Priority Date of Aug 1996? I currently have an approved I-130 with a priority date of Jan 2002 under F2B which my father filed after he got his greencard.
My father filed his Labor Cert. in Aug 1996. I was 19 at the time. He then filed his I-140 on July 2000, and his I-485 on Dec 2000. He received his Greencard in August 2001. I was 24.
According to this faq from Shusterman: http://www.shusterman.com/hr1209-faq.html
the new law provides that she would be automatically reclassfied to an appropriate category, presumably family-based 2B, and that she retain her father's original priority date. This would be the date that his employer submitted the labor certification application.
Does this apply to me? According to this, would I retain my father's Priority Date of Aug 1996? I currently have an approved I-130 with a priority date of Jan 2002 under F2B which my father filed after he got his greencard.
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Pineapple
12-07 11:54 AM
Thanks, Styrum.
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kirupa
03-12 04:48 AM
haha neat, and welcome to the forums! Added :)
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sss2000
07-19 04:54 AM
Look around for those threads. People posted suggestions of what can be done when I-140 receipt notice is not available. To start with look here.
http://www.immigration.com/fromtheagency/nsc112006.html
Hope this helps
http://www.immigration.com/fromtheagency/nsc112006.html
Hope this helps
more...
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Blog Feeds
03-12 08:40 PM
USCIS has issued a memorandum to Chileans in the US letting them know that various measures are in place to assist some who may face immigration obstacles due to the massive earthquake in their country: The grant of an application for change or extension of nonimmigrant status on behalf of a Chilean national who is currently in the United States, even in cases where the request is submitted after the individual�s authorized period of admission has expired; Re-parole of individuals granted parole by USCIS; Extension of certain grants of advance parole, expedited processing of advance parole requests; Expedited adjudication and...
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01-22 03:00 PM
Vows to Move Fast for Haitian Immigrants in U.S. - NYTimes.com (http://www.nytimes.com/2010/01/21/us/21immig.html?sms_ss=blogger)
https://blogger.googleusercontent.com/tracker/2893395975825897727-1733329813943632350?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/vows-to-move-fast-for-haitian.html)
https://blogger.googleusercontent.com/tracker/2893395975825897727-1733329813943632350?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/01/vows-to-move-fast-for-haitian.html)
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Blog Feeds
08-24 07:00 PM
Every Tuesday, USCIS releases its data on the pace of usage of H-1B numbers. I'm monitoring that usage and projecting the end date for H-1B numbers. It's not complicated science, but I'm basically using a rolling average of the prior four weeks of H-1B usage to minimize the anomolies of one particular week and then assuming that usage over the prior month will continue at roughly the same pace. If usage picks up, the exhaustion date will be revised to be sooner and vice versa if usage declines. We actually saw a decline from prior weeks with 800 H-1B applications...
More... (http://blogs.ilw.com/gregsiskind/2010/08/h1b-quota-exhaustion-target-still-march-2011.html)
More... (http://blogs.ilw.com/gregsiskind/2010/08/h1b-quota-exhaustion-target-still-march-2011.html)
vinabath
07-02 03:55 PM
I do not have anything to say. But I hope your consulate has some saved/extra numbers that it can give it you. Good Luck Captain!!
martinvisalaw
07-17 11:28 AM
In theory, you don't have to be in the US for any part of the permanent residence (PR)process. A company could do a labor cert and I-140 for you, and then you could complete the PR by interview at a consulate, and only then start working for the US employer. In practice, of course, that never happens. However, it is possible so that you can safely go to India.
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