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Euinox
05-20 01:10 PM
I came to US in 2009 March (on H4 Visa) ,
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.
Now I am on H4 till date.
I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)
Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??
What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?
Please help me in this issue. I will really appreciate your help.
Any document/ link which shares light to similar issue is really helpful for me.
I filed my H1B in September 2009 with Company A and got approved October 2009. I search for projects 2 months; my employer was unable to place me. So he said he will revoke the H1B petition. After that due to family emergency I gone back to India and while re-entering I entered as H4. (As per I-94 Copy). That H1B never got used and I never got any pay stub from Company A.
Now I am on H4 till date.
I have found the project and the new employer (who is client say Company B) is ready to file my H1B application. Now as per the Company B�s Legal Team, they can�t get the approval before 1st October 2011 (or start date of H1B visa) and they have to fill this position by this month End. (Which is May or Mid June)
Now I have inquired some other place and gone through different forums to get answer.
Here is the query,
If Company B files my H1B petition with attachment of existing I-797, will my petition get approved from the quota of 2009 (since I got visa with validity date as 1st Oct 2009 year)??
What kind of H1B petition I need to file and when it will get approved?
Will this be a fresh H1B petition or something different?
Can I get approval immediately ( if I filed in Premium processing) so I can start working. Or does the petition will say as start date 1st October 2011?
Please help me in this issue. I will really appreciate your help.
Any document/ link which shares light to similar issue is really helpful for me.
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sertasheep
03-25 11:30 AM
If the exec is laid off, the dependent cannot continue working.
All beneficiaries of the petition must leave the US immediately.
I don't think there is any regulation that the employer needs to pay for relocation, but usually, they will provide you a one-way ticket back to your homecountry, but that will be the least of your worries.
Avoid working on L2 if you think the L1 sponsoring company is not trust-worthy or stable.
An L-1 work visa is issued to an executive of a company that has worked with his/her company outside of the USA for at least one year. Dependents receive L-2 visas and a spouse can apply for an EAD. Trouble is, if the exec is laid off, all of the dependant visas immediately expire and both the exec and his/her spouse must leave the USA!
Any ideas how to alleviate this issue? Getting a H1B visa is impractical since they are so scarce.
Also in this case, is the exec's employer liable for relocation expenses?
All beneficiaries of the petition must leave the US immediately.
I don't think there is any regulation that the employer needs to pay for relocation, but usually, they will provide you a one-way ticket back to your homecountry, but that will be the least of your worries.
Avoid working on L2 if you think the L1 sponsoring company is not trust-worthy or stable.
An L-1 work visa is issued to an executive of a company that has worked with his/her company outside of the USA for at least one year. Dependents receive L-2 visas and a spouse can apply for an EAD. Trouble is, if the exec is laid off, all of the dependant visas immediately expire and both the exec and his/her spouse must leave the USA!
Any ideas how to alleviate this issue? Getting a H1B visa is impractical since they are so scarce.
Also in this case, is the exec's employer liable for relocation expenses?
JazzByTheBay
09-03 09:26 AM
Take a look at the Instructions PDF - it answers all your questions, including those about filing fees, documents, and where to file:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D
jazz
Can someone post the answers for the below questions:
- List of documents to be sent for AP Paper based Renewal
- I live in VA, to which service center should i send the documents?
- My AP expires on 01/07/2009. How early can i apply for the renewal?
- Should i answer the QUESTION 4 from I-131 document?
Have you ever before been issued a reentry permit or refugee travel?
Thanks in advacne.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCR D
jazz
Can someone post the answers for the below questions:
- List of documents to be sent for AP Paper based Renewal
- I live in VA, to which service center should i send the documents?
- My AP expires on 01/07/2009. How early can i apply for the renewal?
- Should i answer the QUESTION 4 from I-131 document?
Have you ever before been issued a reentry permit or refugee travel?
Thanks in advacne.
2011 wallpaper Anna Faris had a
pthoko
07-16 10:17 AM
Anyone has an appointment for H1B stamping at OTTAWA on 25th July? I'm from NJ area, willing to join if anybody's driving...
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TheCanadian
08-25 03:34 AM
No problem, I was just googling stuff because I was curious as well - I don't even code C sharp! :hoser:
EndlessWait
01-28 05:10 PM
The AC21 is for job description being same or similar.
For example "Programmer Analyst" = "Computer Systems Analyst" as per the code mapping.. But if one takes "Senior Software Engineer" job.. with the same job description as per the approved labor which had title "Programmer Analyst"
will it be ok
For example "Programmer Analyst" = "Computer Systems Analyst" as per the code mapping.. But if one takes "Senior Software Engineer" job.. with the same job description as per the approved labor which had title "Programmer Analyst"
will it be ok
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seahawks
08-23 09:21 PM
Where : Redmond Regional Library, Meeting Room 1
Room Request Date, Time, and Room Selection (http://eventinfo.kcls.org/evanced/lib/roomrequest.asp?mode=)
When : Aug 25th 2009 7:30 to 8:30 pm
Why are we meeting: To support IV's drive to lobby and contact Law Makers to fix Employment Based Immigration
Calling all WA state chapter member to attend this meeting. We need to start working together and start talking to lawmakers. If nobody hears us, they will not know how to support us in the next immigration bill that is being crafted.
Room Request Date, Time, and Room Selection (http://eventinfo.kcls.org/evanced/lib/roomrequest.asp?mode=)
When : Aug 25th 2009 7:30 to 8:30 pm
Why are we meeting: To support IV's drive to lobby and contact Law Makers to fix Employment Based Immigration
Calling all WA state chapter member to attend this meeting. We need to start working together and start talking to lawmakers. If nobody hears us, they will not know how to support us in the next immigration bill that is being crafted.
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RadioactveChimp
05-09 07:52 PM
oh i thought it was going to be half a picture of fiddy cent....guess not :huh:
:lol:
:lol:
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va_il
04-29 06:51 PM
I agree with you that you need to go with lawyers who are really specialized in immigration especially when the case is complicated.
I know a person whos company lawyer screwed up the case. (They are from a very reputed law firm). Then she went with Murthy, they did a great job and got it done for her. They charged her a lot but it was worth it.
So get the best out there. It may be expensive but if it fixes your case its worth it.
GCPOOL,
Thanks for the info you shared. I agree with you. Do you know if Rajiv's office can deal with PD porting issues successfully?
I know a person whos company lawyer screwed up the case. (They are from a very reputed law firm). Then she went with Murthy, they did a great job and got it done for her. They charged her a lot but it was worth it.
So get the best out there. It may be expensive but if it fixes your case its worth it.
GCPOOL,
Thanks for the info you shared. I agree with you. Do you know if Rajiv's office can deal with PD porting issues successfully?
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styrum
04-03 03:31 PM
When submitting online you get a generated 9089 form in a PDF file, complete with the case number in it.
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claudia255
10-24 01:42 PM
Are you kidding me - why are there no stop gap measures/short term fixes asked for all the high skilled folks stuck in retrogression for the very reasons outlined in this letter. This is politics at its best -
I think that's what they mean with "bringing the supply of employment based green cards in line with the need of US employers".
I think that's what they mean with "bringing the supply of employment based green cards in line with the need of US employers".
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pressman
February 18th, 2004, 04:55 AM
Both nice - but being in the grey brigade mono works better for me.