optimist578
05-08 06:48 AM
Who would want a golden goose to fly away if it can be kept in the cage by simple threats ? I think you should consult an attorney. One cannot say much about your situation without reading the contract itself.
The company can certainly cancel your H1B before you resign. They can call it a firing if they want to. But I don't think they can stop you from joining another company, I mean they cannot put restraining order.
If you are on payroll, I don't think H1B validity would be in question. I am not sure about the H1B race between cancellation and transfer.
Company A where i am working as a consultant has offered me a permanent position, Company B is my employer.
Company B is threatening to sue me if i take up the permanent offer at Company A.
Company B is aware of the offer, I have a contract signed with Company B but the contract duration is 2 years, i am on 3 rd year with Company B. I have 3 year extension till 09(with approved I140)
Can Company B get a restraining order(or sue me) to stop me joining Company A?
Can the company B cancel my H1 before me giving the resignation letter?
If Company B apply for H1 cancellation how long will it take?
If H1 cancellation reaches USCIS before H1 transfer(from Company A) reaches USCIS, what will be acted on?
The company can certainly cancel your H1B before you resign. They can call it a firing if they want to. But I don't think they can stop you from joining another company, I mean they cannot put restraining order.
If you are on payroll, I don't think H1B validity would be in question. I am not sure about the H1B race between cancellation and transfer.
Company A where i am working as a consultant has offered me a permanent position, Company B is my employer.
Company B is threatening to sue me if i take up the permanent offer at Company A.
Company B is aware of the offer, I have a contract signed with Company B but the contract duration is 2 years, i am on 3 rd year with Company B. I have 3 year extension till 09(with approved I140)
Can Company B get a restraining order(or sue me) to stop me joining Company A?
Can the company B cancel my H1 before me giving the resignation letter?
If Company B apply for H1 cancellation how long will it take?
If H1 cancellation reaches USCIS before H1 transfer(from Company A) reaches USCIS, what will be acted on?
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sparklinks
11-20 11:25 AM
Except via LONDON all airlines/airports accept AP.
WeShallOvercome
07-23 06:52 PM
HI,
Please read further on the same Page 7 [top right], there are exceptions to abandonment of status as below:
Exceptions:
If you are an H, L,V, or K3/K4 nonimmigrant whocontinues to maintain his or her status, you may travel ona valid H, L, V or K3/K4 visa without obtaining advanceparole.
A. H, L, V or K3/K4 nonimmigrants:
thanks
That's right. H visa holders are exempt from this requirement of having advance parole.
I'm going to Canada myself in October 1st week for completing my Landing.
Please read further on the same Page 7 [top right], there are exceptions to abandonment of status as below:
Exceptions:
If you are an H, L,V, or K3/K4 nonimmigrant whocontinues to maintain his or her status, you may travel ona valid H, L, V or K3/K4 visa without obtaining advanceparole.
A. H, L, V or K3/K4 nonimmigrants:
thanks
That's right. H visa holders are exempt from this requirement of having advance parole.
I'm going to Canada myself in October 1st week for completing my Landing.
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sai
03-18 12:29 PM
Done!
more...
LookingForGC
12-09 02:52 AM
sorry to disappoint you fatboysam but the way things are going right now for EB3, you should expect a wait between 10-20 yrs. As they say ..."EB3 is like andheri raat"..
Agreed. It is too early to think about GC.
Agreed. It is too early to think about GC.
nitinba
06-04 07:16 PM
And its not a lay-off, they have fired him. They have given a very lame reason, guess what "he was surfing internet on his job" (and this is said by an internet company lol), the same reason they have given to many others fired today.
more...
snathan
08-14 12:24 PM
I am still waiting for ad rates. Please send at your earliest convenience.
Also a member DEALSNET is posting lies about me and my staff. No one on my staff posts here. I post and only under my own name. I would appreciate it if you can take his posts down so I do not have to ask my lawyer to handle this. As you have posted I do my best to help the members. This person is on a vendetta for reasons I can only guess at.
I like to point you to the United States Constitution Amendment 1 - Freedom of Speech and IV disclaimer....Well go ahead and ask your lawyer to handle this. If you think you can scare people with your threatening tone...better luck next time. I would appreciate if you are showing some professionalism. Your attitude just vindicates the previous poster’s points and now I completely agree with him.
Also a member DEALSNET is posting lies about me and my staff. No one on my staff posts here. I post and only under my own name. I would appreciate it if you can take his posts down so I do not have to ask my lawyer to handle this. As you have posted I do my best to help the members. This person is on a vendetta for reasons I can only guess at.
I like to point you to the United States Constitution Amendment 1 - Freedom of Speech and IV disclaimer....Well go ahead and ask your lawyer to handle this. If you think you can scare people with your threatening tone...better luck next time. I would appreciate if you are showing some professionalism. Your attitude just vindicates the previous poster’s points and now I completely agree with him.
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jetflyer
03-16 12:26 PM
Yep, there it is folks..the one answer we have all been relentlessy looking for, spending sleepless times on and pursuing with phone calls/advocacy events and whatnot..
As jetflyer recommends, applicants from the said region should be banned from applying, as they are morally inept to jetflyer's standards. AP folks, please go ahead and withdraw your applications and pack your bags and leave. After that everything will be solved and peachy, with jetflyer flying and roaming in the clouds, jetflyer getting the instant GC (and possibly President would knock on his door and beg on his knees for jetflyer to accept citizenship). If the history has taught us anything, it is that problems can be attributed to a single community or blamed on a single region - we don't need to think maturely, its stone ages for chrissakes.
While we are at it, jetflyer, can you let us know your background? So that we will work towards creating a special category exclusively for you and make sure that nobody else qualifies for it, may be like XB (Xenophobe Based) - only selfish and educated 'illiterate' folks need to apply and its instant GC, no need to wait, just print at home like a boarding pass.
Disclaimer: Yes I am from the said region, and some folks' idealogies still shock me to the extent of boiling blood. My above venting reply is just a sarcastic rebuttal.
If you say 'TRUTH' please present your stats, evidence and please don't pass judgments by your surroundings of what you saw and what you heard like a proverbial frog in a well..
My Dear friend please dont get upset. relax. I never said to ban people like you. i just recommend that there should a separate category for AP for h1, GC for everything, then it will not effect whole world. there will be only one category that will be retrogressed.
I am sorry if hurt your feelings. Please dont boil your blood. it is not good for health my friend.
Jet
As jetflyer recommends, applicants from the said region should be banned from applying, as they are morally inept to jetflyer's standards. AP folks, please go ahead and withdraw your applications and pack your bags and leave. After that everything will be solved and peachy, with jetflyer flying and roaming in the clouds, jetflyer getting the instant GC (and possibly President would knock on his door and beg on his knees for jetflyer to accept citizenship). If the history has taught us anything, it is that problems can be attributed to a single community or blamed on a single region - we don't need to think maturely, its stone ages for chrissakes.
While we are at it, jetflyer, can you let us know your background? So that we will work towards creating a special category exclusively for you and make sure that nobody else qualifies for it, may be like XB (Xenophobe Based) - only selfish and educated 'illiterate' folks need to apply and its instant GC, no need to wait, just print at home like a boarding pass.
Disclaimer: Yes I am from the said region, and some folks' idealogies still shock me to the extent of boiling blood. My above venting reply is just a sarcastic rebuttal.
If you say 'TRUTH' please present your stats, evidence and please don't pass judgments by your surroundings of what you saw and what you heard like a proverbial frog in a well..
My Dear friend please dont get upset. relax. I never said to ban people like you. i just recommend that there should a separate category for AP for h1, GC for everything, then it will not effect whole world. there will be only one category that will be retrogressed.
I am sorry if hurt your feelings. Please dont boil your blood. it is not good for health my friend.
Jet
more...
Munna Bhai
12-04 04:22 PM
Hi "va 217"
I did not understand your response. As I mentioned, I am planning to show experience from 2 prior employers
(1) First employer letter is from HR Director
(2) Letter from the other emplyer is from my ex-boss (to whom I reported and who still works for that same company)
Will these 2 letters suffice? Do I still need affidavits from coworkers?
Thanks
why received an RFE?? Have you not submitted the experience letters before either from co-worker or from company??
I did not understand your response. As I mentioned, I am planning to show experience from 2 prior employers
(1) First employer letter is from HR Director
(2) Letter from the other emplyer is from my ex-boss (to whom I reported and who still works for that same company)
Will these 2 letters suffice? Do I still need affidavits from coworkers?
Thanks
why received an RFE?? Have you not submitted the experience letters before either from co-worker or from company??
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lazycis
08-15 02:00 PM
I told my lawyer to apply. He applied through postal mail. My mind has just stopped working and i am getting all worked up due to this unecessary stress.....Jerrome what FAX procedure are you advising?
No need to stress yourself. The USCIS is required by regulations to issue a temporary EAD if they cannot process extension in 90 days. They, however, do not issue temporary EAD anymore in violation of the regulations. So if more than 90 days passed and you are still waiting, take an infopass and request IO to call service center where EAD is pending and request expedited processing. Do not leave until they do that, request to talk to supervisor if IO refuses.
Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k). Employer may be sanctioned, however.
No need to stress yourself. The USCIS is required by regulations to issue a temporary EAD if they cannot process extension in 90 days. They, however, do not issue temporary EAD anymore in violation of the regulations. So if more than 90 days passed and you are still waiting, take an infopass and request IO to call service center where EAD is pending and request expedited processing. Do not leave until they do that, request to talk to supervisor if IO refuses.
Even if EAD expired, you can continue working up to 180 days and be covered by INA 245(k). Employer may be sanctioned, however.
more...
Gundark
08-21 03:45 PM
I pity the fool that doesn't like this Mr. T smiley!
EDIT: Now updated to add chains Sucka!
EDIT: Now updated to add chains Sucka!
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sumansk
06-21 10:51 AM
What is the authenticity of this statement. you mean to say that USCIS may come out and say on 20 july that they are not accepting any more applications...But I think it shuould be always mentioned in bulletin and that will be for next month...
Has this ever happened in the past..
Has this ever happened in the past..
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indianabacklog
01-04 12:52 PM
I am getting mixed answers, I have asked some people and they are saying that I need my wife's h1b stamped on her passport and some are saying its not required just the I-797 and all the other documents.
I am wondering since I am male and on H4 would this might be a problem with the VO.
An H4 visa is not gender selective. This is NOT a problem. My husband was on an H4 for more than six years and got his visa stamped in our home country at least three times without me being there and me having a current visa in my passport twice.
Just go to your mother and get the visa local to her home. Take your approval notice, your wife's approval notice and the relevant forms all filled in which have been listed in a previous posting.
I am wondering since I am male and on H4 would this might be a problem with the VO.
An H4 visa is not gender selective. This is NOT a problem. My husband was on an H4 for more than six years and got his visa stamped in our home country at least three times without me being there and me having a current visa in my passport twice.
Just go to your mother and get the visa local to her home. Take your approval notice, your wife's approval notice and the relevant forms all filled in which have been listed in a previous posting.
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suriajay12
04-01 05:00 PM
The next thing we will see all immigrants trying to enroll into Ph.D programs
Oh Yeah. Do you know what it takes to complete a PhD. If you read correctly, its says those who completed a Phd is eligible.. NOT those who enrol or who dream of enrolling.
Waiting for this one for a while.. I may have contributed too to get this recognized.
Oh Yeah. Do you know what it takes to complete a PhD. If you read correctly, its says those who completed a Phd is eligible.. NOT those who enrol or who dream of enrolling.
Waiting for this one for a while.. I may have contributed too to get this recognized.
more...
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va_dude
11-04 10:40 AM
GC Nirvana.
Get hold of a top immigration attorney right away and schedule a consult right away.
You need answers and solutions from a good lawyer to represent you and if necessary to accompany you on a meeting/conf call with your employer.
Get hold of a top immigration attorney right away and schedule a consult right away.
You need answers and solutions from a good lawyer to represent you and if necessary to accompany you on a meeting/conf call with your employer.
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sushilup
08-15 04:26 PM
Mine is also WAC number and transfered to NSC
I called yesterday and was told that my file is waiting to be assigned to an IO.
There was no issue with WAC receipt
PD Feb 05
WAC.....for 485
140 approved from nebraska
I called USCIS about it twice and both the times I received two different answers. During last week of July when I called USCIS first time they said that they will consider Sep 7th, 2007 not July 2nd has the receipt date. I called them again on August 8th and spoke to level II person. This time she acknowledged the fact that my application is outside the processing date and she will send an message to NSC. She gave me a reference number starting with WTC, then 10 digits and ending with NSC. (WTC123...NSC)
Has anyone with WAC# called USCIS after August 1st?
I called yesterday and was told that my file is waiting to be assigned to an IO.
There was no issue with WAC receipt
PD Feb 05
WAC.....for 485
140 approved from nebraska
I called USCIS about it twice and both the times I received two different answers. During last week of July when I called USCIS first time they said that they will consider Sep 7th, 2007 not July 2nd has the receipt date. I called them again on August 8th and spoke to level II person. This time she acknowledged the fact that my application is outside the processing date and she will send an message to NSC. She gave me a reference number starting with WTC, then 10 digits and ending with NSC. (WTC123...NSC)
Has anyone with WAC# called USCIS after August 1st?
more...
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furiouspride
09-06 07:37 PM
Take a look at who is against me?
1. people whose's PD is now CURRENT. they do not want more people to be CURRENT when their case is still pending.
2. People who are EB3. which is not going to move at all.
3. IV member who are not interested in pushing PD for the time being. People like June, 2006, July 2006 is not their interest to help.
What is wrong to think postive for the people who are close to be CURRENT at this moment?
you cold people.
All the people who are against you are people who want IV to be a moron-free site. Has nothing to do with PD or EB2, EB3.
1. people whose's PD is now CURRENT. they do not want more people to be CURRENT when their case is still pending.
2. People who are EB3. which is not going to move at all.
3. IV member who are not interested in pushing PD for the time being. People like June, 2006, July 2006 is not their interest to help.
What is wrong to think postive for the people who are close to be CURRENT at this moment?
you cold people.
All the people who are against you are people who want IV to be a moron-free site. Has nothing to do with PD or EB2, EB3.
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nilcritz
12-20 01:54 PM
Travelled in May - July 2006. Expired US visa. Valid new H1 I-797 till 2007. Transit visa not required.
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2008FebEb2
02-12 03:24 PM
Wow! This is a great finding! I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love share to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is comprimise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
I completely agree with you. Especially with the last 2 points.
People who have been legally working in USA for a certain number of years with I140's cleared should be allowed to file for AOS.
This could give us the much needed EAD's and we will have some flexibility with our lives. ;)
From the lessons we learnt from the past, the most important thing for this admin fix to fly is comprimise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
I completely agree with you. Especially with the last 2 points.
People who have been legally working in USA for a certain number of years with I140's cleared should be allowed to file for AOS.
This could give us the much needed EAD's and we will have some flexibility with our lives. ;)
wandmaker
12-06 02:34 PM
Also my H1B visa is going to expire on October, When should I re-new it for 3 more years?.
If you
- have not completed 6 years then you can opt for 3 years.
- labor pending for more than 365 days (either with DOL or in appeals office) then you opt 1 year
If you
- have not completed 6 years then you can opt for 3 years.
- labor pending for more than 365 days (either with DOL or in appeals office) then you opt 1 year
lifestrikes
02-16 10:00 AM
* Conservative Republican Rep. Issa of California introduced a bill to eliminate the diversity lottery progam and replace the numbers by the U.S. educated STEM Ph.D. immigration. This bill has been pending in the House Judiciary Committee.
* Yesterday, another conservative Republican from the Virginia, Rep. Bob Goodlotte, introduced another bill, H.R. 704, with 12 ultra conservative Republican cosponsors, to eliminate the diversity lottery program. The co-sponsors are: Rep Brian Bilbray (CA), Rep Mike Coffman (CO), Rep Michael Conaway (TX), Rep Peter DeFazio (OR), Rep Elton Gallegly (CA, current Immigration Subcommittee Chair), Rep Steve King, Steve (IA, current Immigration Subcommittee Vice-Chair), Rep Kenny Marchant (TX), Rep Sue Wilkins Myrick (NC), Rep Brad Sherman (CA), Rep Lamar Smith, (TX, current Judiciary Committee chair), Rep Allen West (FL), and Rep Frank Wolf (VA).
* Yesterday, another conservative Republican from the Virginia, Rep. Bob Goodlotte, introduced another bill, H.R. 704, with 12 ultra conservative Republican cosponsors, to eliminate the diversity lottery program. The co-sponsors are: Rep Brian Bilbray (CA), Rep Mike Coffman (CO), Rep Michael Conaway (TX), Rep Peter DeFazio (OR), Rep Elton Gallegly (CA, current Immigration Subcommittee Chair), Rep Steve King, Steve (IA, current Immigration Subcommittee Vice-Chair), Rep Kenny Marchant (TX), Rep Sue Wilkins Myrick (NC), Rep Brad Sherman (CA), Rep Lamar Smith, (TX, current Judiciary Committee chair), Rep Allen West (FL), and Rep Frank Wolf (VA).
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