kshitijnt
06-28 05:57 PM
I have an expired H1 VISA stamp, but an approved h1 i797 form approved till 2013, but I am using my EAD to work.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
Assuming that, are you saying that I can go to a consulate, get a h1 stamp and reenter on h1 ? and by doing so I WILL NOT jeopardize my AOS?
Sorry to be a pain.
I am just trying to understand this properly.
I do not intend trouble.
Any replies that you guys are giving is very much appreciated.
Hi - I was in a similar situation as you:
In 2009: I entered using H1 and my wife entered using AP. No hassles. It was a smooth process. My wife has derivative status on my 485.
In 2010: We both entered using AP. I am using H1 for work & my wife is using EAD for work. My H1 was renewed at the end of 2009 but I thought that going to Mumbai was wasting time and 2 days of my precious vacation so I did not get the stamp but entered using AP. I can still use my H1 for work authorization which I am doing right now.
No worries, keep your H1 as a backup if you need. Enter using AP. Dont waste time and money paying a visit to the consulate, you are just gifting away $140, you can do that later if the need comes.
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snathan
09-02 10:41 AM
Thanks GCDreamer and sbmallik.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
on H4, you can do only volunteer work without pay. Other than that you sleep or sit idle/watch TV.
Are you saying that an H4 visa holder cannot work online for an Indian co. and earn Indian income while residing in the US?
on H4, you can do only volunteer work without pay. Other than that you sleep or sit idle/watch TV.
inskrish
07-16 05:27 PM
Hi,
Just FYI. The original poster (GCKabhayega) has a long history of posting such messages with sensitive titles, by giving an impression as if the Visa Bullettin or Processing Times were released. You can confirm this by looking at his/her old posts.
Just FYI. The original poster (GCKabhayega) has a long history of posting such messages with sensitive titles, by giving an impression as if the Visa Bullettin or Processing Times were released. You can confirm this by looking at his/her old posts.
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vin13
05-21 04:43 PM
Aha! He may have tricked you. He could have said you will get your GC by July. But did not mention the year.:D
more...
inderman
10-16 06:12 PM
Its probably going to be difficult to justify at a later time how the job role can still be the same if ur title changes from Manager to S/w Engineer...
It would make sense to request ur new employer to alter the title to s'th like S/w specialist or s'th like that... which can more easily b justified as an alternative to the earlier job title.
Again, u need to pay even more attention to ensure that the job role is identical becoz that is what matters more...
Applying AC 21 will save u in case ur old employer tries to revoke 140...
It would make sense to request ur new employer to alter the title to s'th like S/w specialist or s'th like that... which can more easily b justified as an alternative to the earlier job title.
Again, u need to pay even more attention to ensure that the job role is identical becoz that is what matters more...
Applying AC 21 will save u in case ur old employer tries to revoke 140...
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Munna Bhai
08-23 12:04 PM
I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
And why can people get a new drivers license or hide in another state from where the drivers license was issued?
The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.
Swede is correct, you need to have all the documents...here is the classic couple of case:
a)One person was deported as he was not able to show the document and immigration department didn't had.
b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension
So you are free to conclude..
more...
eb3retro
10-24 03:47 PM
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Great advice, I sincerely thank you for your time.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Great advice, I sincerely thank you for your time.
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pal351
02-11 05:55 PM
http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm
If more People think like this we will be in good shape.
Thanks,
If more People think like this we will be in good shape.
Thanks,
more...
immi_enthu
08-28 10:40 AM
That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
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snathan
02-11 11:45 AM
applied for H1, was it COS? Did you get new I-94 when your H1 was approved. If yes then you are in H1 status after H1 is approved. Obvisously they denied L1B.
Also if above is true and you are not working for H1 employer then you are probably out of status......
Doesnt the H1 takes effect only if you join them. I dont think just getting approval alone change your status.
Otherwise is there any source for this claim
Also if above is true and you are not working for H1 employer then you are probably out of status......
Doesnt the H1 takes effect only if you join them. I dont think just getting approval alone change your status.
Otherwise is there any source for this claim
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Pineapple
12-26 01:05 PM
Given that many have spent 10 years, or almost a third of their lives here, they can hardly be called "aliens". Also, given that nothing is permanent, I propose the following term:
Non-permanent, resident, non-alien :D
Non-permanent, resident, non-alien :D
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AB1275
12-17 12:42 PM
I had posted my query on another thread but thought of creating a new one with all the updates.
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
My priority date is Feb 26, 2008 and I-140 mid 2008.
It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.
Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.
My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.
She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.
My question to you all are:
1. Are these my only option to make sure I can renew my H1 after the 6th
year?
2. How long does an appeal take to respond?
3. Is appeal my only way out? Can I request for a
Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
Jan 2009?
4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
will that be a problem?
5. At what stage of the green card process should I be in to be eligible for
my H1 to be extended after my 6th year?
6. Any other issues that might come up?
Thanks!
more...
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sendmailtojk
04-04 03:47 PM
Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.
Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!
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gsc999
07-15 02:52 PM
yes, but look at how many members they have. Close to half a million. How can IV with less than 1000 members be as strong? Looks like we have miles to go.....
lotr
Just curious, where did you get the 1000 number?
Our website shows 18,000 members and growing.
lotr
Just curious, where did you get the 1000 number?
Our website shows 18,000 members and growing.
more...
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krishmunn
02-11 01:59 PM
USPS has a guaranteed Express Service which is a tie up with Fedex. It is much cheaper then sending through Fedex directly.
USPS accept the package and then hand over to Fedex. Because of their tie up, they get the advantage of bulk rate form Fedex and pass some of the saving to Customer.
On a flip side, it takes one additional day then if you hand over to Fedex directly.
Check usps.com for details.
USPS accept the package and then hand over to Fedex. Because of their tie up, they get the advantage of bulk rate form Fedex and pass some of the saving to Customer.
On a flip side, it takes one additional day then if you hand over to Fedex directly.
Check usps.com for details.
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nikunj007
03-11 01:48 AM
applying for multiple petitions with multiple employers is, as of now, legal. Even if they can track those applications, they can not just reject on the basis of multiple petitions. But, it may be difficult to convince it during the interview..
more...
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a_yaja
01-13 12:28 PM
Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
The above statement makes me wonder if the lawyer submitted the exp. letters at all. Sometimes lawyers are idiots and they miss crucial items.
As far as IO being satisfied and what are his next steps is hard to say. The usual process is to first provide NOID (Notice of Intention to Deny), which will give you one more chance to clarify matters. But one can never say.
On the bright side, your case will be processed quickly and the I-140 wait will be over.
Good luck on your I-140 approval.
The above statement makes me wonder if the lawyer submitted the exp. letters at all. Sometimes lawyers are idiots and they miss crucial items.
As far as IO being satisfied and what are his next steps is hard to say. The usual process is to first provide NOID (Notice of Intention to Deny), which will give you one more chance to clarify matters. But one can never say.
On the bright side, your case will be processed quickly and the I-140 wait will be over.
Good luck on your I-140 approval.
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cybercat076
05-15 11:23 AM
USCIS seems to be just requesting EVL for all pending applications. I also got mine recently though I did not change any company. It is better to send it from your current employer.
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Maverick1
08-13 11:25 AM
If you were born in the USA, there is no way to reject US Citizenship. Even after you take up Indian passport and citizenship, you can come anytime to the USA flash your birth certificate and then get a US Passport.
Did you mean , "you can't loose the citizenship for ever , and get it back if you want to" ? One can renounce the citizenship (of USA) if they wish to.
Did you mean , "you can't loose the citizenship for ever , and get it back if you want to" ? One can renounce the citizenship (of USA) if they wish to.
gcpower1
02-10 10:08 AM
We don't need CIR..... CIR for illegal
We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.
Everyone knows our problem don't get into CIR it will ultimately heart us and delay our GC if you are not aware of 245i which still in our way and it is for illegal immigrant.
We just need GC without asking anything after working 10 years legally with paid all tax without hopeing for Social Security.
Everyone knows our problem don't get into CIR it will ultimately heart us and delay our GC if you are not aware of 245i which still in our way and it is for illegal immigrant.
mdipi
10-21 05:39 PM
i hate the new host on blue's clues. steve was much better. i just dont think that salt and pepper can take the change.:*( i know i cant. i have stoped watching now. i even went through a Teletubbies stage. but now i am into rocket power and tech tv.
=mike:cyclops:
=mike:cyclops:
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