H1InTrouble
09-18 03:59 PM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
wallpaper Summerfest 2011 is just around
austingc
05-03 12:52 PM
Hi Gurus,
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
yes, She will be able to return back as long as you both dont go for stamping together. If you get stuck in Admin Processing then they will cancel her current visa until you get your visa since she is dependent on you.
So the best thing to do is, you go for stamping first and if it works out for you then let her go for stamping afterwards or She can enter using her current visa and then file an extension before it expires.
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
yes, She will be able to return back as long as you both dont go for stamping together. If you get stuck in Admin Processing then they will cancel her current visa until you get your visa since she is dependent on you.
So the best thing to do is, you go for stamping first and if it works out for you then let her go for stamping afterwards or She can enter using her current visa and then file an extension before it expires.
HumHongeKamiyab
07-17 08:03 PM
You dont need translation service to translate it. Any of your friend who is proficient in marathi and english can translate it.
At the bottom of the translation, add these lines, and have your friend sign it along with his name and address.
I, _______________________________, do hereby certify that I am proficient in both English and Marathi, and accordingly I am competent to perform translations, and that I have translated the foregoing/attached document accurately and to the best of my knowledge and ability.
Hope that helps. I did this for my birth certificate as per my lawyers advice.
Hi folks,
Could someone please point me to a Marriage Certificate Translation service9s)?
It's in Marathi and has photos, legal fee stamps and seals on it and I would like to retain the look as much as possible.
I kinda searched this website, but the search engine doesn't take you to a specific post in a thread. Instead it just brings up all threads that contain a post with the search keyword. After navigating through a few pages with no luck, I gave up and hence the (potentially redundant) question!
With another opportunity for Adjustment of Status around the corner, I want to get this asap.
Thanks.
At the bottom of the translation, add these lines, and have your friend sign it along with his name and address.
I, _______________________________, do hereby certify that I am proficient in both English and Marathi, and accordingly I am competent to perform translations, and that I have translated the foregoing/attached document accurately and to the best of my knowledge and ability.
Hope that helps. I did this for my birth certificate as per my lawyers advice.
Hi folks,
Could someone please point me to a Marriage Certificate Translation service9s)?
It's in Marathi and has photos, legal fee stamps and seals on it and I would like to retain the look as much as possible.
I kinda searched this website, but the search engine doesn't take you to a specific post in a thread. Instead it just brings up all threads that contain a post with the search keyword. After navigating through a few pages with no luck, I gave up and hence the (potentially redundant) question!
With another opportunity for Adjustment of Status around the corner, I want to get this asap.
Thanks.
2011 Summerfest 2011
jliechty
May 10th, 2005, 08:38 PM
Here (http://www.dphoto.us/forumphotos/showgallery.php?cat=1377) are a few pictures from my excursion to Turkey Run S P last weekend. While my camera performed better than I expected from a late-90's era 2.7MP DSLR, I didn't fare so well, coming home with far fewer "keepers" than I would have liked. My greatest problem was that I either didn't set up a tripod or failed to increase the ISO to get more DOF in many landscape shots that needed it, and frequently I also got motion blur from lack of tripod usage. This experience has taught me that for me personally, even though the D1 is 2 stops faster than Velvia, I still must slow down and use a tripod - not only to prevent blur and enable slower exposures, but also to force a slower and more thoughtful pace of composition.
http://www.dphoto.us/forumphotos/data/1377/Turkey_Run_2005-05_0665_river_with_geese_copy.jpg
http://www.dphoto.us/forumphotos/data/1377/Turkey_Run_2005-05_0665_river_with_geese_copy.jpg
more...
Blog Feeds
10-15 12:10 PM
A Blog reader called me the other day and wanted to know when his priority date will become current. His I-485 adjustment was filed in August 2007 when visas opened up for 30 days, and since that time retrogressed. The applicant is from India and like many others in his shoes is eager for answers. So how do visa numbers become available?
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
In order to approve an application for adjustment of status (I-485), there must be a visa number available in the particular category. This, in turn, depends upon the country of chargeability and the priority date of the case. Once the U.S. Citizenship and Immigration Services (USCIS) has reviewed a particular I-485 application, a request is submitted to the DOS for a visa authorization. If the USCIS makes the request for a visa number to the DOS when the priority date of a particular case is current, and an immigrant visa number is available, the authorization is transmitted and the USCIS can approve the I-485 application. This is all tracked through the DOS Immigrant Visa Allocation Management System (IVAMS).
If an immigrant visa number for a particular individual is requested from the DOS by the USCIS, but none is available, the request is moved to the "pending" file with the DOS. Data from this pending file is used by the DOS to calculate the appropriate cutoff dates for the backlogged categories in the Visa Bulletin each month.
Cases placed in the pending demand category are processed as immigrant visa numbers become available. The DOS communicates with the USCIS regarding the A numbers of the cases for which visa numbers have been authorized. These cases are then processed to completion and green cards are then issued by the USCIS.
As you can see, this is a very complicated and streamlined process, with actual visa numbers tracked, issued, and assigned to particular green card cases as part of the approval process. Clients often do not understand why they have to wait, sometimes years for visa numbers to open, even after USCIS approvals. We hope that both agencies will find a better way to talk to each other and make the Immigrant visa process and much smoother one.
More... (http://www.visalawyerblog.com/2009/10/san_diego_immigration_attorney_15.html)
WaitingForMyGC
02-25 02:23 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I do not have answers to your question but have few questions of mine
1. Can non-profit H1 be transferred to regular H1?
2. While non-profile H1 is in extension process, can new regular H1 be filed?
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
I do not have answers to your question but have few questions of mine
1. Can non-profit H1 be transferred to regular H1?
2. While non-profile H1 is in extension process, can new regular H1 be filed?
more...
gparr
April 17th, 2005, 07:27 PM
I can see potential, but the shot doesn't do much for me. What does interest me is the interplay of the branch, stump, and light on top of the stump. Can't tell if there's anything there, but might be worth exploring. Other angles might make the overall stump shot more interesting. Hard to say.
Gary
Gary
2010 Summerfest 2011 Logo
AD_2010
09-15 01:18 PM
Applying AP second time....
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
Application submitted online - 09/09
Possible RFE date - 09/10 ( I didn't check)
9/11 and 9/12 (weekends)
Supporting document received by USCIS - 9/13 (Morning)
Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
---------------------------------------------------------------
On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
---------------------------------------------------------------
Soft LUD on 9/14 and 9/15
Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.
Anyone is similar situation?
more...
gc2
01-11 02:02 PM
you dont have to withdraw 485 for dependents as it will automatically expire. In some rare cases USCIS may allow applicants who have stayed out of US beyond AP expiry date to reinstate AOS application but that is at the discretion of the officer. it could be humanitarian grounds.
if you can get 2 yr multiple entry AP, that could probably reduce your renewal frequency.
if you can get 2 yr multiple entry AP, that could probably reduce your renewal frequency.
hair 2011. summerfest 2011 map.
Becks
03-16 07:23 PM
Wait till you get your new H1 if possible and enter with new visa stamped on your passport. That is the cleanest way. You can also enter with previous H1 visa(with previous employer) and show the new I797. But i recommend you to go for cleanest approach.
more...
srisra
10-12 01:44 PM
eb2 india - same as previous
eb3 - moved by a wk. 22apr01
eb3 - moved by a wk. 22apr01
hot summerfest poster Please
newuser
05-23 05:10 PM
I called today morning. Arlen Specter's Washington phone - No ring tone. I will call him again.
Let the EB's FREEDOM begin from the KEYSTONE STATE
Hello Pennsylvania Residents,
Please start calling your Senators:
1) Arlen Specter 202-224-4254
2) Here's the response I received from Rob Casey(D-PA)'s office
- (202) 224-6324 The staffer I spoke to(male) said a lot of members from IV had called, and he said they had put forth some important points. Looks like his office is really listening.
Let the EB's FREEDOM begin from the KEYSTONE STATE
Hello Pennsylvania Residents,
Please start calling your Senators:
1) Arlen Specter 202-224-4254
2) Here's the response I received from Rob Casey(D-PA)'s office
- (202) 224-6324 The staffer I spoke to(male) said a lot of members from IV had called, and he said they had put forth some important points. Looks like his office is really listening.
more...
house Free Press Summer Fest has
loudoggs
08-10 12:07 PM
If company B is sponsoring your GC, they have to prove that the salary they will offer you after getting your GC, is equal or above the prevailing wage. As long as they are able to do that you should be okay. You just have to go and work for Company B once you get your GC.
I don't think it matters what you are making right now. This is my understanding.
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
I don't think it matters what you are making right now. This is my understanding.
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. So B is willing to sponsor future employment GC for me.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
tattoo Press Summer Fest 2011
kshitijnt
09-02 07:23 PM
If you travel while I539 is pending, your 539 will be considered abandoned.
Its better to travel anyway if you are planning on it and then apply for visa.
Also do not use friends address. Once you move, you can file for AR-11 online and at that time it gives you an option to link any pending petitions to the address you just changed.
Its better to travel anyway if you are planning on it and then apply for visa.
Also do not use friends address. Once you move, you can file for AR-11 online and at that time it gives you an option to link any pending petitions to the address you just changed.
more...
pictures Free Press Summerfest 2011
needhelp!
09-12 02:52 PM
让我们一起去华盛顿
dresses stage for Summerfest 2011.
08OCT2008
01-25 08:34 AM
IMO: 7th Year extn can be filed if PERM is pending for more than 365 days or if I-140 is approved.
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
more...
makeup summerfest 2011 map. images
amitk81
07-14 06:47 PM
This morning I received a phone call from NAVRS (appointment system) about my H1B appointment.
The phone call was to give me a heads up that my visa might require an additional 2 weeks processing time (has any one received similar calls)?
My I485 is currently pending with a priority date of Jan-2007 (EB2) and this is my 3-year extension, last extension was stamped at US consulate of Toronto (2nd extension).
Can anyone share his or her experience in a similar situation?
Thanks
Amit
The phone call was to give me a heads up that my visa might require an additional 2 weeks processing time (has any one received similar calls)?
My I485 is currently pending with a priority date of Jan-2007 (EB2) and this is my 3-year extension, last extension was stamped at US consulate of Toronto (2nd extension).
Can anyone share his or her experience in a similar situation?
Thanks
Amit
girlfriend The LGBT SummerFest 2011 (June
seahawks
07-07 09:45 PM
My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.
well if it is current you wont get it for 3 years, however I know AOS is unavailable, you if you apply before OCT you should be fine. once visa bulletin for OCT come out if you become current then if you file for 3 year, you will only get for 1 year
well if it is current you wont get it for 3 years, however I know AOS is unavailable, you if you apply before OCT you should be fine. once visa bulletin for OCT come out if you become current then if you file for 3 year, you will only get for 1 year
hairstyles Even lemurs love Summer Fest:
pa_arora
09-05 01:30 PM
Thankyou guys, appreciate your answers and help.
whattodo21
04-19 10:50 AM
this is good information, thank you.
Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)
"Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."
As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.
GC_1000Watt
07-08 12:26 PM
Priority Date: Jan 2006
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.
Good luck!
Category: EB3
I-140 Approved: Aug 2006
I-485 Filled: July 2007
I have a new job offer and the employer is willing to sponsor my GC in EB2 category. The job requires BS+5 years experience which I have.
Question: If the old employer revokes my I-140 before the new employer files new PERM and I-140 under EB2 category, can I still port my EB3 priority date to EB2?
According to a well known lawyer in LA area, you can port dates even if your 140 is revoked by your employer. The only possible cause not allowing you to port dates would be revoking of your 140 by USCIS if they feel there was a fraud in your case.
Good luck!
