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sam_hoosier
01-02 03:25 PM
I have got extension on my H1 after completing 6 years.
My wife has been on H4 till now.
Is she eligible to get a new H1?
Yes, as per the new guidelines time spent on H4 does not count towards H1.
My wife has been on H4 till now.
Is she eligible to get a new H1?
Yes, as per the new guidelines time spent on H4 does not count towards H1.
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RandyK
02-16 04:57 PM
Where can I get this? Local Library ?
coopheal
02-19 05:24 PM
To people who know about options after returning on AP,
Please summarize it on the wiki.
http://immigrationvoice.org/wiki/index.php?title=Return_On_AP&action=edit
Thanks,
Coopheal
Please summarize it on the wiki.
http://immigrationvoice.org/wiki/index.php?title=Return_On_AP&action=edit
Thanks,
Coopheal
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qasleuth
04-07 07:49 PM
Hi,
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
Here is a link to the 'official' USCIS requirements. A poster in the morning put it up but unfortunately it did not get the attention it deserved.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34dd9b5d82420210VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
Here is a link to the 'official' USCIS requirements. A poster in the morning put it up but unfortunately it did not get the attention it deserved.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34dd9b5d82420210VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
more...
ppt.b
11-19 12:04 PM
Hi All,
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
I am in the same situation. Our lawyer suggested that I should use AP if I want to continue working on EAD after my international trip.
Not sure if that is the right way to go.
My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..
Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.
I am in the same situation. Our lawyer suggested that I should use AP if I want to continue working on EAD after my international trip.
Not sure if that is the right way to go.
gc_on_demand
02-04 09:55 AM
Gc_On_Demand,
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
I see 30 -40 k spill over this year but if my above post is true. DOS will not give any visas from spill to EB2 ROW or Eb1 once quarter is done. Otherwise spill over visas reduces as times passes and Eb2 Row and Eb1 gets more and more visas. I am waiting for DOL reports for past 2 months but they haven't post anything yet. That can clarify things lot.
I remember that last year your prediction about spill-over was almost close. What's your take this year.
Thanks
MDix
I see 30 -40 k spill over this year but if my above post is true. DOS will not give any visas from spill to EB2 ROW or Eb1 once quarter is done. Otherwise spill over visas reduces as times passes and Eb2 Row and Eb1 gets more and more visas. I am waiting for DOL reports for past 2 months but they haven't post anything yet. That can clarify things lot.
more...
pd_recapturing
12-09 12:26 PM
As long as you are still doing S/W related job, don't worry about VB , C# or Java etc ...I myself used AC21 rule to change the job and got GC in September.. I know a lot of ppl got GC after using AC21. Most of the ppl, I know (including me) did not inform USCIS about AC21. Ron Gotcher was my attorney and according to him, sending AC21 documents might complicate the case. Also, he informed me that AC21 rule is practiced in a very liberal way by the USCIS ... so don't worry ...
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akilhere
11-06 03:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
On the other hand, chances are that a large number of applicants might not have the exact skillset mentioned in your advertisement as the current market has driven some desperate candidates to apply even if the requirement matches only 10% of their profile. So, it depends on your luck. The general assumption is that, people look to better their salaries, roles when the economy is doing good. So it is not necessarily going to help you a lot even in a good economy. This topic can be argued both ways.
Be greedy when the market is fearful and be fearful when the market is greedy - W.B
On the other hand, chances are that a large number of applicants might not have the exact skillset mentioned in your advertisement as the current market has driven some desperate candidates to apply even if the requirement matches only 10% of their profile. So, it depends on your luck. The general assumption is that, people look to better their salaries, roles when the economy is doing good. So it is not necessarily going to help you a lot even in a good economy. This topic can be argued both ways.
Be greedy when the market is fearful and be fearful when the market is greedy - W.B
more...
ita
12-08 03:32 PM
When you are with the same company that files your GC (not Ac21) is it fine if the amount on W2 (for each year) is less than the amount mentioned on the LC. Is there a safe zone bracket . Since GC is for future job I was wondering if it is a must that the W2 should reflect the amount that is more or at least same as the amount on the LC.
Thank you.
Thank you.
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drirshad
08-09 03:09 AM
Here is the funny part, when I was talking to the IO he told it is not fare for applicants who filed at NSC but will be processed by CSC dates I indicated why would they do so when my EAD & AP second renewal were processed by NSC even though the first one were receipts with WAC processed by CSC.
He agreed and said NSC & TSC are the only EB based processing centers then repeated the whole shit of not fare, I called back again opened an SR.
My lawyer indicated the IO is an idiot, I also filed a complaint with Ombudsman. If nothing works by next week will contact the local Congressman office through lawyer.
I don't if they hired all these new people who are more dumb than pumpkins.
He agreed and said NSC & TSC are the only EB based processing centers then repeated the whole shit of not fare, I called back again opened an SR.
My lawyer indicated the IO is an idiot, I also filed a complaint with Ombudsman. If nothing works by next week will contact the local Congressman office through lawyer.
I don't if they hired all these new people who are more dumb than pumpkins.
more...
shivarajan
09-20 01:46 AM
have been using mobissimo.com search engine for flights and works gr8. It's searches across all other travel sites. :p
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desi485
01-08 01:20 PM
If you have the case no. go to online case status and take the print out of approved notice, that should serve you purpose hopefully if you don�t have a original copy
I do have case number for I-140
I also took printout of online approval status using the case status number.
But what about labor cert?
I have no idea what was filed for me? job description or salary req.???
All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)
why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?
Any one has any idea? Any links? Any official link which states that we do need to have photocopies?
I do have case number for I-140
I also took printout of online approval status using the case status number.
But what about labor cert?
I have no idea what was filed for me? job description or salary req.???
All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)
why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?
Any one has any idea? Any links? Any official link which states that we do need to have photocopies?
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pappu
02-23 06:03 PM
Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.
-a
I am unable to understand 'the last forum topic on the left side'
Could you please explain or maybe send me a screenshot of the error(info at immigrationvoice.org) and we will fix it
-a
I am unable to understand 'the last forum topic on the left side'
Could you please explain or maybe send me a screenshot of the error(info at immigrationvoice.org) and we will fix it
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paskal
10-23 03:39 AM
here is your chance to put some faces to names ... or nick names/user id's
join in and take the opportunity to hear plans for the chapter and offer your own views. we all know our fight for fairness is not over by a long shot- let's start preparing for the next round!
join in and take the opportunity to hear plans for the chapter and offer your own views. we all know our fight for fairness is not over by a long shot- let's start preparing for the next round!
more...
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veni001
06-17 03:45 PM
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months and two to four months for USCIS to port.
Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.
Thanks...
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months and two to four months for USCIS to port.
Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.
Thanks...
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martinvisalaw
07-17 11:26 AM
Hi,
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
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va_dude
04-09 12:02 PM
may bulletin takes effect from May 1.
so until then the april bulletin works and as per that your dates are current. so ur good.
have fun with ur gc.
so until then the april bulletin works and as per that your dates are current. so ur good.
have fun with ur gc.
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gcchaahiyey
04-07 03:42 PM
Hi,
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
I submitted my 485 in julyEven i applied for my wife too.....we both got EAD, AP...She left to India...we have problems and we may seperate each other...So not sure when we get divorce because of outdated Indian marriage laws...Are there going to be any problems when they are adjudicating my 485 application? Her FP done and she got AP until Sep 2008...Now what will happen if USCIS sends out an FP notice for my wife...She won't be doing finger printing...Is it going effect my GC in anyway?
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harish357
03-13 07:38 PM
Hi All,
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
I am in tough situation. Hope you can help me. I applied and got OPT card on DEC-2007. I thought I can complete my MASTER's by that time but one of my proff gave me D grade and according to University rules, I cannot graduate if I have D grade in Graduating Semester(Even though I have 3.09 GPA including that subject). Right now I enrolled in an online course and I will graduating in MAY2008, at the same time I am in Consultancy who are applying for my H1. They don't have any idea about my Case and are really confused when I gave the Graduation status letter that was issued by our University.
This is the matter that I have in my Graduate Status letter.
"This is to verify that harish is graduate student in good standing, currently working on Master of Science degree with a major in Electrical Engineering. He has successfully completed 30 of the 33 required hours of enrollment on his graduate plan of study, and is currently enrolled in the remaining three hours. He has passed his exit examination, and has submitted his application for the degree for the spring semester of 2008. Provided that he successfully completes his final enrollment, he would be awarded his degree. Spring 2008 degrees will be officially conferred on May 26th, 2008. Diplomas and official transcripts that display spring awards will become available approximately the third week of July, 2008"
Is this enough to apply for H1 in Master's Quota? if not what is the right way to apply and get H1 safely. I am planning to apply H1 with Bachelors even to be on safe side but we all know the chance of getting H1 with Bachelors is very less.
Please help me what to do with this situation and having letter from the university.
vbkris77
01-25 05:02 PM
It is upto employer lawyer to help.. It is a bad remark on the company.. So approach your company and have them work with consulate..
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
fromnaija
11-17 03:07 PM
Hey Guys
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.
Looking at the above filling date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.
To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.
***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.
Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.
Looking at the above filling date, can some one brief me on my likely priority date?
The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).
When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.
Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.
To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.
***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
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