sukhmeet
05-11 02:08 AM
Hi,
My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.
Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.
So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.
So in Summary
Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).
Here are some of the benefits my company provides to its employees:
1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
2. Employer contribution to 401 K.
3. Payed Vacations, sick and personal leaves
4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
5. Tutions and certification reimbursements.
We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.
My concerns:
My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:
a. Filing h1b extensionfor first time is a problem? can there be concerns?
b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?
c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
h1b extension.
d. Shall we file for my extension asap ?
I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.
Any comments would be greatly appreciated.
Regards.
My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.
Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.
So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.
So in Summary
Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).
Here are some of the benefits my company provides to its employees:
1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
2. Employer contribution to 401 K.
3. Payed Vacations, sick and personal leaves
4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
5. Tutions and certification reimbursements.
We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.
My concerns:
My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:
a. Filing h1b extensionfor first time is a problem? can there be concerns?
b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?
c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
h1b extension.
d. Shall we file for my extension asap ?
I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.
Any comments would be greatly appreciated.
Regards.
bugmenot
12-05 02:48 PM
i think neither will increase, the economy is belly up
though i feel lots of h1bs will go unused coz of lack of jobs to fill em up
2010 is when maybe this might happen
though i feel lots of h1bs will go unused coz of lack of jobs to fill em up
2010 is when maybe this might happen
ibmguy
04-07 04:48 PM
I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.
logiclife
12-03 12:02 AM
Please name your thread appropriately, dont make it look like an ad for caregiver. Also, you are going to need an attorney for this and you will not be able to get your problem solved with forum posts.
I am going to allow this thread as we have allowed H4 related and visitor visa related threads for people before, and all visitors visa thread are non-immigrant visa related thread even if they are for parents of EB immigrants.
And please ... no more arguments between "This forum is overly Indian/Chinese" versus "This forum is not so".
There is a naturally high number of posts about indians/chinese because retrogression victims from India and China outnumber rest of the world proabably 8 to 1.
-- Admin
I am going to allow this thread as we have allowed H4 related and visitor visa related threads for people before, and all visitors visa thread are non-immigrant visa related thread even if they are for parents of EB immigrants.
And please ... no more arguments between "This forum is overly Indian/Chinese" versus "This forum is not so".
There is a naturally high number of posts about indians/chinese because retrogression victims from India and China outnumber rest of the world proabably 8 to 1.
-- Admin
more...
reachag
06-22 06:50 PM
This has been the practise for quite some time.
Suva
11-12 04:17 PM
Don't give any suggestion on which you don't have any clear knowledge.
"LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
"LostInGCProcess" is right in his answer. Visa does not decide duration of stay in US. Duration of a visa is the time when you can enter US legally. But the person's stay in US is decided by I-94 at port of entry. I have seen quite a few people coming here in US with visa expiring within a month but got I-94 for a duration of 3 to 6 months.
The VO gives I-94 only up to the expiry of visa period. Its rare to see someone gives I-94 beyond the expiry date of visa. There is a risk involved.
When you have 10 years visa, they give 2 months and 4 months many times, I don't expect them giving gifts to visitors.
more...
yabadaba
02-28 12:08 PM
I am one of those that bounced around from CBSE (0-3rd) then GCSE O Level UK (4-7th) then ICSE (8th-10th) then finally back to CBSE (11-12)..it definitely hurts moving from board to board but kids are resilient and do bounce back.
However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.
When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.
for more options bout IB check out
http://www.ibo.org/
However, u might want to consider schools that follow the IB (International Bacclaurate) Program. From what I have heard there are a number of schools in india that follow the IB program.
When they are in nursery/kindergarden, it definitely does not matter which "board" the school follows because they pretty much learn the same stuff anywhere in the world.
for more options bout IB check out
http://www.ibo.org/
thomachan72
09-07 11:30 AM
Do you have a valid AP?
If not, how is it possible to enter the country?
It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.
If not, how is it possible to enter the country?
It seems to be a complicated situation. What status are you in now? Dont you have an AP/EAD? Is it expired? Please provide more details here and also if you obtain any legal advice post that here also so that others know.
more...
deecha
07-16 03:07 PM
Hi to all in this morass called Immigration to the USA,
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
#1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?
#2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....
Thanks !
statuslaw
01-31 01:33 PM
DOS tel number: 202-663-1225 then 1 0 0, and tell your passport number. That is all.
It is easier to get connected to DOS visa specialist at morning time (US eastern time).
[QUOTE=lost_in_gc_land;218762]Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you
QUOTE]
It is easier to get connected to DOS visa specialist at morning time (US eastern time).
[QUOTE=lost_in_gc_land;218762]Hi statuslaw,
Can you share all your experience and discussions with the DOS and their contact information for my case? Thank you
QUOTE]
more...
ab_tak_chappan
09-10 11:11 AM
Glad to see our EB3-ROW friends making some headway!
Lets congratulate and feel happy for them instead of crying
Category India Most Other Countries
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
Lets congratulate and feel happy for them instead of crying
Category India Most Other Countries
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
urpal
07-15 08:27 PM
I will be coming back on Sept 6th and will share my experiences.
more...
niklshah
08-07 09:53 AM
you made my day.....it was so funny
TomPlate
03-07 10:41 AM
hello;
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
The important question you have is about marrying girl?
Stay in h1b and get your spouse h4 after marriage.
When you do not have h1b there is no way to bring her.
I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.
Here are my details.
1. currently in 8th yr extn on orig H1( h1 extn is there until mar 2010); 140 approved in march 2007
2. filed 485 in june 07, got AP/ead in oct 07 ( eb3, apr 2003)
3. became eligible for ac21 in jan 2008
4. so far not yet used AP or ead
the qn is -->
1. if i use ac21 , can i have the new company transfer my H1? (even tho im past the 6 yr original limit)
2. first join the new company using EAD, then ask them to apply for H1 transfer. will this work?
3. if the new company doesnt sponsor my H1, then does that mean i will never be able to marry a girl from india and get her here on dependent visa (h4) before my GC approval.
4. pple who use EAD and chg jobs, is there any way in which they can get to add a spouse as a derivative 485 appln before the GC gets approved.
can you give ur opinion regd the above qns? thanks
The important question you have is about marrying girl?
Stay in h1b and get your spouse h4 after marriage.
When you do not have h1b there is no way to bring her.
I hope there are lot of questions in your message and they are answered in lot of places in this website. Please go through.
more...
gunabcd
07-02 09:52 AM
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
If you knew the difference between Legal and Illegal immigration, and had you read the CIR bill and all amendments then you would not ask this question. Please do some homework before asking such questions.
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
If you knew the difference between Legal and Illegal immigration, and had you read the CIR bill and all amendments then you would not ask this question. Please do some homework before asking such questions.
saint_2010
07-11 05:21 PM
hi saint, nothing against you, i wonder what is the freakin logic USCIS uses to decide on 2 year EAD approval, here i am with pd not being current for atleast next 2-3 years (given the halt of eb3-I), 2nd ead extn, in my 8th year of h1b, i got a one year EAD extn, where as a eb2 person gets a 1 year validity...i only wish we can know whats going in the minds of these decision makers..
Non taken my friend. I was surprised myself to see 2 yr extns. I think they have some wierd fuzzy logic on approvals..which is beyond our intelligent minds:cool:.
Non taken my friend. I was surprised myself to see 2 yr extns. I think they have some wierd fuzzy logic on approvals..which is beyond our intelligent minds:cool:.
more...
ThinkTwice
02-24 12:12 PM
Thanks for replying. I just came back from the court and got back the following
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
The fact that the offense was reduced to Wet reckless probably helps your case (I am not sure I am just guessing here). You really need to talk to a specialist lawyer who deals with such kind of cases not a general immigration lawyer, Usually a consultation fee ranges from 100 to 300 depending on the experience and the profile of the lawyer and if you want to take the attorney to the interview with you then it may run upto and above $3000.
- good luck
1. Court certified copy of the complaint
2. Court certified copy of the whole case docket
What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
Does this help in this matter?
I am going to consult an attorney but does anyone know what could be attorney charges in such case?
I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.
The fact that the offense was reduced to Wet reckless probably helps your case (I am not sure I am just guessing here). You really need to talk to a specialist lawyer who deals with such kind of cases not a general immigration lawyer, Usually a consultation fee ranges from 100 to 300 depending on the experience and the profile of the lawyer and if you want to take the attorney to the interview with you then it may run upto and above $3000.
- good luck
freakin_gc
11-14 03:19 PM
I dont have any hope that I will be receiving GC soon...my I-140 is still pending at NSC and unfortunately I'm from India ;(
PD AUG 2004(EB3)
140 Pending RD June 26th, 2007
485 Pending RD Aug 13, 2007
EAD APPROVED Oct 26, 2007
FP DONE SEPT Oct 20, 2007
AP APPROVED Nov 2, 2007
PD AUG 2004(EB3)
140 Pending RD June 26th, 2007
485 Pending RD Aug 13, 2007
EAD APPROVED Oct 26, 2007
FP DONE SEPT Oct 20, 2007
AP APPROVED Nov 2, 2007
sundarpn
08-19 05:50 PM
Can that flyer / poster be made available to other here?
I was thinkining of posting it in indian stores etc...
I was thinkining of posting it in indian stores etc...
agt
05-22 12:31 PM
You will have to file the WH-4 form to DOL. Please do the search in this forum/internet as this has been discussed many many times.
USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.
Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.
Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
nixstor
09-18 02:37 PM
I dont see any thing related to scientits/researchers on the link you provided. Has it moved? The page I see talks about WU not making double digit profits.
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