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Hi
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:

You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.

If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.

No one to shed answer for my thread.


Please respond if anyone knows!

Immigration Voice Team and Members,

I guess you may have seen this new bill introduced by Rep. Lofgren. This bill would be a boon to eagerly awaiting qualified candidates. Is there anything we all can do to push this reform!!!

Rep. Lofgren Introduces Bill to Retain International Talent
Bill Would Allow Best and Brightest in STEM Fields to Stay in the United States.

May 14, 2008

Washington, D.C. � Rep. Zoe Lofgren (D-CA) recently introduced H.R.6039, which would allow masters and Ph.D. level graduates from U.S. universities in science, technology, engineering, and math to obtain green cards without waiting in long lines, if they have job offers from U.S. employers. The measure enjoys strong bipartisan support, initial co-sponsors include: Reps. Chris Cannon (R-UT), Michael Capuano (D-MA), Chris Carter (R-TX), John Conyers (D-MI), Joseph Crowley (D-NY), Tom Davis (R-VA), Anna Eshoo (D-CA), Wayne Gilchrist (R-MD), Mike Honda (D-CA), Patrick Kennedy (D-RI), Carolyn Maloney (D-NY), Jim McDermott (D-WA), George Miller (D-CA), David Reichert (R-WA), Linda Sanchez (D-CA), Loretta Sanchez (D-CA), John Shadegg (R-AZ), Adam Smith (D-WA), and Ellen Tauscher (D-CA).

�More than 50% of the graduates from U.S. universities in masters and Ph.D. programs in science and engineering are foreign born,� noted Rep. Zoe Lofgren. �If we want our economy to continue competing in the global market, we have to retain these foreign students so they compete with us instead of against us in other countries. These men and women are the innovators of tomorrow, and we aren�t the only ones looking to retain their talents. Increasingly, employers from Europe, Australia, Canada, and even China and India, are beating U.S. employers for valuable talent. In 2000, for example, 75% of the world�s engineers were hired by U.S. employers�just six years later in 2006, that percentage dropped to 63%. This legislation will give U.S. employers another tool to recruit the world�s best and brightest.�

Source: http://lofgren.house.gov/PRArticle.aspx?NewsID=1912

On there are ppl who filed 485 (RD) in 2007 and got approved. I have no idea how they got approved.

H1 Transfer and Extention
Posted Today at 04:06 PM by eucalyptus.mp
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer . Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.



Thanks...

Your 485 has to be reapplied and priority dates come into picture. You can change jobs but have to use H1b based on approved 140. You have to start the GC process all over again but you can retain the priority date because your 140 is already approved.

Talk to a lawyer - to get a better understanding

I agree with others its much easier to re-send documents than try to talk to USCIS over it.

The American Immigration Law Foundation (AILF) has decided to forge ahead to file the class action lawsuit, as previously mentioned on MurthyDotCom.

AILF seeks plaintiffs who have been affected by the July 2, 2007 actions of the USCIS and the U.S. Department of State, which have resulted in an inability of most employment-based applicants to file their I-485 (Adjustment of Status) applications during July 2007.

For those who wish to participate as plaintiffs in this class action lawsuit, AILF has prepared and we attach the following documents, all of them showing a revision date of July 9, 2007.

1. Questionnaire for Potential Plaintiffs
2. Retainer Agreement with AILF
3. FAQs on the Visa Bulletin Availability

Please review each of these documents carefully. Read them more than once until you are familiar with the issues and concepts.

At this stage, AILF is seeking, as plaintiffs, individuals who are suffering some particular or unusual harm, and requests that they respond. These individuals could help to highlight the problems created by the government.

Who is Covered by this Potential Class Action Lawsuit?

1. It is not essential to participate or submit one's name to AILF to be considered a plaintiff of this class action lawsuit. If a person has/had filed the I-485 during July 2007, then AILF believes that those people should be covered by the lawsuit to take advantage of the potential benefits of a successful lawsuit.

2. Even those who decided not to file the I-485 during July 2007 MAY be eligible if the judge agrees to include them as plaintiffs in the lawsuit. AILF made a decision later on to try to include them also as an injured class. However, AILF believes that their remedies may be different than those who actually filed the I-485 during July 2007.

See the amended FAQ for more information, and fill out the potential plaintiff questionnaire and retainer agreement. All are PDFs.

Those who are interested please click https://www.murthy.com/ailf_lawsuit.html
and follow the direction.

Thanks

Hi folks,
I have a appointment at calgary, canada for my H1 extension visa stamping. Any one has experience in Calgary.

My spouse entered the US on H4, she has a MBBS degree from india and she got H1 sponsored by a reputed university to do research.

I read on the posts that first time H4 to H1 stamping might pose a issue in canada if a person does not have degrees from US or Canada.

Please let me know.

Thanks

Contributed 500 to IV

If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.

I tried applying for License Renewal inn NC when my H1 was pending with USCIS, they strictly told me that they will not issue the license until we get the approval notice from USCIS. if you have any luck please let me know?

So how do we got about claiming these using the codes mentioned.What is the procedure?

Alex,
Hope you can recognize me :)

Did you write to the Ombudsman in form 7001 about 140 delay ( other thread ). I sent it yesterday. When did you file 140 at NSC ?

Thanks,
Diptam

this is a standard reply when we enquire about a case.
I had enquired about 140 and got the same message. Then took an infopass and there the IO told there is nothing at 140 level and what I got is a standard reply .

Called USCIS.
Current Immigration status will be same as what u entered US on. SO H1B for me..

Hope this helps more people trying to find this answer.

Have you received finger print requests?
yes I did for the I-485 after one or two month since I got my recipt number ...

Is your PD current?
I don't know what is PD stands for !...

Is the Service Center processing I 485 applications around the RD of your 485 application?
I don't know how to check that , because when I click on the checking by the RD of the file in the service center , it doesn't show any I-485 on the list !...

and what is the IV ?

THank you soooo much in adance for all the informatioin.

Dear All:
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).

I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?

And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.

"Well, thankfully, you are EB2 so you won't have to wait long.
"..
the wait is not less than 2 year....

I am planning to file a Fed Court case against USCIS for incorrect denial of I148 with AC21.
Appreciate if have any input/info on below,

1. How much typically a Fed court case cost?
2. Any recommendation of good attorney for this?
3. Any other information/input

bumping again :(

Well guess what a colon and D turns out to be? Havent used yahoo IM in a while is it? :D

No I didn't point out anything just im sharing the data.And waiting for EB2 to be current.I don't know how the smily comes next to PD?

I'm on H1 and My spouse is on H4 (came on H4 in Dec 2003)
We are both Canadian PR's. I worked out a deal with my US based to company so that I work in Canada and come to USA occasionally.

Here are a few questions regd my spouse


Planning to apply for H1 in April 2007, Once H1 is approved
-Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse;s H4 expired in 2006.
(remember my spouse is applying for H1 )
-How safe it is FrequENTLY travel to Canada and back
-How safe it is to stay in Canada for duration of 3-6 months and come back to USA
-Once my spouse gets the H1 approved, should he move to H1 immediatly or can continue on H4?
-stamping of H1 (first stamping for H1 in Canada) after conversion from H4

I guess, you can only be with out a job for 180 days while in EAD.