desi3933
06-25 04:33 PM
>> 1. What was your original I-94 date before H-1B amendment was filed by Company A?
September 30 2009
>> 2. What was amendment for?
amendment is for change in annual salary
>> 3. Why H-1B amendment was denied?
The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.
Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.
If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.
>> Can I work after Company B files MTR?
No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.
I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
September 30 2009
>> 2. What was amendment for?
amendment is for change in annual salary
>> 3. Why H-1B amendment was denied?
The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.
Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.
If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.
>> Can I work after Company B files MTR?
No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.
I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.
Good Luck.
_______________________
Not a legal advice.
US citizen of Indian origin
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krishnam70
05-01 05:13 PM
Hello..
My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.
Thanks
For re-entering your left over time is sufficient, however if you ever want to travel out of US again you might need to go back to a consulate for visa issuance.
- cheers
kris
My Visa get expire on Sept 2009. I want to travel india on month (June) and coming back on June. Do i need to stamp my visa for coming back?. Also My visa in the name of company A. and i left the company moved to company B and then Company C. Now my H1 is with company C and its valid till 2011 November. Can i use the same Visa for reentry to US when i am coming back on May/June. Please give your answers ASAP.
Thanks
For re-entering your left over time is sufficient, however if you ever want to travel out of US again you might need to go back to a consulate for visa issuance.
- cheers
kris
gmpa
04-30 03:47 PM
I-140, TSC
EB-3 regular
Received date: 12/12/2006
Notice date: 12/27/06
Status: Pending
EB-3 regular
Received date: 12/12/2006
Notice date: 12/27/06
Status: Pending
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lostinbeta
10-04 01:20 AM
Hopefully it works....haha :)
more...
B+ve
05-15 01:19 PM
I would like to clarify one thing....
Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....
I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.
Correct me if I am wrong.....
- B+ve
Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....
I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.
Correct me if I am wrong.....
- B+ve
WeShallOvercome
07-23 04:44 PM
well. won't you need the receipt when you travel..i thought one was required to carry the receipt when traveling internationally.
I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)
I'm going to ask my employer/lawyer for the receipt as I have to go out of country in the second week of October. But you never know, these guys don't care about your life.. They might still not give it to you... (Yeah, everyone knows I-485 is OUR application and they do not have a legal right to hold our receipt notices, but we are at their mercy for atleast 180 days)
more...
help43
09-23 02:16 PM
I applied for H1-B amendemnt with premium processing.
But i am unable to see any updates with my reciept number, i mean my current status still the same as before.
do you think, do they have my h1-b amendment petition with them? or not?
But i am unable to see any updates with my reciept number, i mean my current status still the same as before.
do you think, do they have my h1-b amendment petition with them? or not?
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rkat
08-16 04:39 PM
Since USCIS will not send anything back that they actually withdrew this petiton what kind of proof / evidence do i need to keep with me for furture reference.?
Thanks..!
Thanks..!
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Houstonguy
04-24 11:56 AM
Paapu, I support IV's move and whole-heartedly acknowledge your adept leadership. Please stay encouraged and forgive your fellow brothers, who don't know what is good for them, and be blessed with inner strength for your self-less work.
The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.
Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!
My $200.00 is on its way.
The most important thing for all of us now is OUR COLLECTIVE SUPPORT TO IV by instant contribution, to accomplish these reforms which can change many lives and careers. I think this the biggest expected reform, bigger than July 2nd filing SUCCESS, thus we should do HIGHEST contribution to pull it to our side. We should think - What I, as an individual, am doing for this peaceful lobbying? Am I doing anything? can I do more? and then we will find ways to help IV and help ourselves. Then we would not think twice to add $100 or $200 which is about 1/10 th cost of your 1 month apt rent - and stop paying rent forever after greencard and saving millions with free job change, multiple jobs, own business, or buying house etc.
Everybody should realise the importance of getting the some relief rather than nothing with further discussion on ROW effect, please!
My $200.00 is on its way.
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vikramy
06-22 10:22 AM
Looks like you don't have any GC application pending. From what i know you can not work. You can only start working after your MTR gets approved.
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
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rajs
12-11 06:05 PM
no
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Canadian_Dream
03-20 01:31 PM
IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.
Hope this helps. Good Luck.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
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actonwang
06-16 02:05 PM
it sounds like PD is a MUST for approval but for actual processing order , as in backlog queue, it seems purely by luck :(
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file485
07-17 11:25 PM
Thats why I degraded my cable service so that CNN will be blocked.
haven't you heard 'keep your friends close..keep your enemies closer'...blocking the channel might not help...
there is an online petition happening here..
after we have seen what can be achieved, I don't think so it will be really tough to make it clear..
haven't you heard 'keep your friends close..keep your enemies closer'...blocking the channel might not help...
there is an online petition happening here..
after we have seen what can be achieved, I don't think so it will be really tough to make it clear..
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bushman06
08-21 02:48 PM
Immigration officer gave I94 date till my visa expired.
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leonqiu
06-14 07:40 PM
First, Congrats to everyone and IV Core Team!!
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
Priority Date may retrogress again. I am debating right now if I need to push my lawyer to file I-485 ASAP (hired by the firm, won't move a bit if not being bugged).
My understanding is: the immediate benefits for my wife and me once I-485 is filed are Advanced Parole and Employment Authorization Document.
My question is: are AP and EAD linked with Priority Date in any way, or you will have them once I-485 package is sent, no matter what? In other words, if PD retrogresses again in the near future, will AP and EAD be delayed also?
Thanks again!!! Sorry, have to open a thread like this. Went thru 30+ pages of posting on I-485, haven't found the answer.
more...
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mjdup
05-31 09:50 AM
Just contributed...
The math does look good pthoko but do you think all 13K will step up especially the ones whos PD has become current !
I'd be glad if atleast 1K contribute. Can you imaging the power IV core will get with 1.3 mil, I can only say WOW !
The math does look good pthoko but do you think all 13K will step up especially the ones whos PD has become current !
I'd be glad if atleast 1K contribute. Can you imaging the power IV core will get with 1.3 mil, I can only say WOW !
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ganguteli
04-23 09:18 AM
Focus on your goal. Emotions may not take you there.
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.
yes you can file a complaint against the lawyer and his license will be revoked. See
http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER
Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?
If I am in your place, i wont argue with that lawyer. I will try to get full co-operation from that lawyer, and make him file another LC, after proper review from your side. Obviously you need support from employer also.
It is your choice. And yes you can file legal case against law firm. But then what?
morchu, people like you who put their tail between their legs are the reason some are stuck in retrogression and exploited by our employers and have to face some unprofessional and bad lawyers.
yes you can file a complaint against the lawyer and his license will be revoked. See
http://immigrationvoice.org/wiki/index.php/HOW_TO_REPORT_A_BAD_IMMIGRATION_LAWYER
Just because your labor is cleared you have no feelings for the person on this thread who had to wait for 2 years. Can anyone give him back his lost time?
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GCard_Dream
03-06 04:38 PM
Back in the old days when there weren't as many IV members, people thought twice before giving a red dot to anyone. Now it has become kind of a fashion. You can get a red dot for asking questions someone thinks has already been asked or for asking simple questions which someone thinks that you should know or if you don't agree with someone's viewpoint etc etc. You might get a red dot if someone doesn't like your handle :D (I hope this is not true)
After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.
It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D
so now people give red dots just for asking a question about EB3...where is ACLU:D
After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.
It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D
so now people give red dots just for asking a question about EB3...where is ACLU:D
jonty_11
12-15 10:34 AM
recommend them to talk with some good immigration attorney rather than going to websites....u can point themto uscis website explaining H1B program , just google it.
ilikekilo
01-08 04:03 PM
No offense to anyone but I think this is how the market is flooded sometimes with short term trained and oppurtunisticly timing decisions made by people.
Before you change careers I think you ought to see whether it really fits ur goals and aspirations..my 2 cents... CHances are you may not even like that job and want ot get trained in something else...I dont make a boat load of money but I like my job so far...however if money is the sole (please dont confuse this with means of living) reason to get into any job there are so many jobs and fields one can explore and change often...Its all your personal choice...
Before you change careers I think you ought to see whether it really fits ur goals and aspirations..my 2 cents... CHances are you may not even like that job and want ot get trained in something else...I dont make a boat load of money but I like my job so far...however if money is the sole (please dont confuse this with means of living) reason to get into any job there are so many jobs and fields one can explore and change often...Its all your personal choice...
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