rajeshalex
09-06 10:34 PM
Lack of knowledge of FIFO.. Low hanging fruits are picked first. July 07 applicants are given low preference when compared with 08 applicants..
rajesh
rajesh
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GCWhru
11-15 02:13 PM
I think there is nothing called State chapter link.. we have to come together and form a group.
Please reply to this thread and express your interest to join TN chapter.
I will consolidate.
Please reply to this thread and express your interest to join TN chapter.
I will consolidate.
techysingh
01-15 10:17 AM
You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
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vinki
10-27 01:31 PM
hi !
Thank you gurus for your quick response .... have one more question in mind ...
Is it a pre-requisite to have SSN before applying for a job ?
thanks
Vinki
Thank you gurus for your quick response .... have one more question in mind ...
Is it a pre-requisite to have SSN before applying for a job ?
thanks
Vinki
more...
starscream
04-30 04:03 PM
did the committee question Greenspan about any issues related to us EB GC issues?
Please update anyone
Please update anyone
chanduv23
07-07 12:52 PM
Invite the Senators to this meeting.
Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .
Invite the Heads of DMV so that they can address our driving problems
Invite SSN people local heads.
When we do this, we can pay for their expenses to join us in that meet.
I am open to it. Not only by contribution but also working.
Try to get IV members to join the State chapters first. Try to get the community to support IV first. Try to get the community make phone cals send letters first.
It is a step by step process. We have to get enough buzz and enough support from within our own community before we can call politicians or VIPs to come to our meets and greets
Make them come since we pay Taxes. That way , they know that there is legal Immigration Community .
Invite the Heads of DMV so that they can address our driving problems
Invite SSN people local heads.
When we do this, we can pay for their expenses to join us in that meet.
I am open to it. Not only by contribution but also working.
Try to get IV members to join the State chapters first. Try to get the community to support IV first. Try to get the community make phone cals send letters first.
It is a step by step process. We have to get enough buzz and enough support from within our own community before we can call politicians or VIPs to come to our meets and greets
more...
muthukmk
08-03 06:01 PM
To pd_recapturing
My I140 was approved after I filed my 485. Can I still use interfiling?
My I140 was approved after I filed my 485. Can I still use interfiling?
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hnordberg
October 24th, 2004, 08:24 PM
I like #3 the best because it is the one that would let me into the field. And the composition is simple and interesting.
more...
FinalGC
03-30 10:40 AM
All:
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....
I have a question with regard to legal status:
Case - My current h1, my wife's and son's h4 status will expire within 2 months. My Green Card gets approved today, while my wife and son's stays pending. Since I have the GC, I may not be able to apply for h1 extention.
(a) What will be the status of my wife and son after the 2 month period?
(b) How will I be able to keep my wife and son in a legal status, after the 2 month period
I would appreciate some wisdom here.....
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sasidhar79
07-01 01:51 PM
Now matter what , no other country has balls or guts to accept huge number of immigrants like US does, yes do you huge volume it is slow but the govt. is more aware of the fact that high skilled immigrants add to the benefit of their country compared to Canada (conservatives in liberal skin- because they have undocumented race based limitation), Britian(high skilled immigrants are usually colored therefore anything colored is considered not British) and Australia (how can a decent high skilled immigrant be accepted by bunch of outback thugs).
Please observe all these countries' immigration policies in this day of economic downturn, all of them are actively shutting their doors except USA (comparatively). I think USA is more closer for me as a home after India, I got misled by Canada but after what happened in their Alberta Province's AINP program for H1b holders I realised that Canadian pasture is really not green it is just an illusion.
Please observe all these countries' immigration policies in this day of economic downturn, all of them are actively shutting their doors except USA (comparatively). I think USA is more closer for me as a home after India, I got misled by Canada but after what happened in their Alberta Province's AINP program for H1b holders I realised that Canadian pasture is really not green it is just an illusion.
more...
GC_1000Watt
01-05 03:02 PM
The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
This is really interesting. So consider this case gurus. If somebody has a valid H1B extension till say 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired?
I will appreciate your thoughts on this.
7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.
H-1B automatic revalidation different than that for F and J nonimmigrants
F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.
7.27.2.2
Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.
7.27.2.3 Revalidation of H visas in the United States no longer possible
Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.
7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.
It is not clear if this is exclusive of 7.27.2.1. See me dilemma?
This is really interesting. So consider this case gurus. If somebody has a valid H1B extension till say 2012 and if he goes for stamping in mexico and gets 221(g). Then can he come back to USA even if his old H1B and old I-94 has expired?
I will appreciate your thoughts on this.
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mattresscoil
11-12 11:57 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
more...
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GCInThisLife
07-18 05:44 PM
thanks for posting.. may be junior members do not have permission to post attachments..:)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)
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rvr_jcop
02-17 12:34 AM
Hi,
I have completed 6 years on my H1 and then got a 3 year extension as my 140 was approved when I applied for H1 renewal. This is all with my current company where I am working on H1 and they have applied for my GC also. I also have a valid EAD till 2010 which I am not using currently.
If I get a new job, can I transfer my H1 and still keep my GC process going on or do I have to switch to using EAD at the new job instead of H1 ?
Basically, am wondering if we can transfer H1 and that way have a backup just in case of any issues with EAD.
Thanks for your advice !
Yes, you can do that by invoking AC-21. You dont have to be on EAD to join another company. You are perfectly OK if they are willing to tranfer your H-1 from the old employer.
I have completed 6 years on my H1 and then got a 3 year extension as my 140 was approved when I applied for H1 renewal. This is all with my current company where I am working on H1 and they have applied for my GC also. I also have a valid EAD till 2010 which I am not using currently.
If I get a new job, can I transfer my H1 and still keep my GC process going on or do I have to switch to using EAD at the new job instead of H1 ?
Basically, am wondering if we can transfer H1 and that way have a backup just in case of any issues with EAD.
Thanks for your advice !
Yes, you can do that by invoking AC-21. You dont have to be on EAD to join another company. You are perfectly OK if they are willing to tranfer your H-1 from the old employer.
more...
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neverbefore
08-16 02:40 PM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
My experience at H1B stamping was that they canceled all my previously stamped visas and wrote/stamped "CWP" or "Canceled without prejudice" on them
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
My experience at H1B stamping was that they canceled all my previously stamped visas and wrote/stamped "CWP" or "Canceled without prejudice" on them
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saloni
04-17 07:44 PM
Thanks virtual55.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
AS PER THE ADDENDUM II
In guidance issued by legacy INS after the 1999 rule change, the Service stated the following:
However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status is s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.22 (Emphasis in original).
AILA believes that a nonimmigrant who “moonlights” pursuant to an EAD has not “left” his or her employer, and thus is still maintaining proper status. AILA requests USCIS to confirm that, in the case of an H-1B or L-1 nonimmigrant, present in the United States under a valid petition in either classification, who moonlights pursuant to an EAD, still maintains his H-1B or L-1 status.
I think as per the Addendum II, USCIS has yet to certify that moonlighting will not loose the H1B status. AS OF TODAY ,working with additional employer on EAD will void the status.
more...
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go_guy123
01-20 03:55 PM
Nearly half of H1B visa holders from India: US report - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/nearly-half-of-h1b-visa-holders-from-india-us-report/articleshow/7290694.cms)
At this rate...after couple of years the GC backlog will only be restricted to EB-India
At this rate...after couple of years the GC backlog will only be restricted to EB-India
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k94
11-17 09:31 AM
This isn't really answering any questions, but I've asked my company's lawyer to look into the benefits (and/or disadvantages) of making the switch frm TR (non-RIR) to RIR. Since this notice was only made recently by the DOL (in the Federal Register on October 6, 2006), I would imagine that it will take some time for lawyers, etc to figure out all the implications. As soon as I get any information, I will definitely post it.
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sunny26
11-21 08:08 AM
Hi Raj
Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.
I think you mean I need to see which dates are processing @ NSC; if my I-140 reciept date exceed more than 60 days then I can request my Attorney to got for SR(Service Request)?
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
Ur RD is dec21st.Now according to nsc processing date they r processing jan1st 2007 cases.So wait till next update if u didnt get before that u ask ur lawyer or employer to open SR.i dont think there is any paper work for that.They need to call and talk to IO and open.but i donno the procedure so check with quizzer.
I think you mean I need to see which dates are processing @ NSC; if my I-140 reciept date exceed more than 60 days then I can request my Attorney to got for SR(Service Request)?
Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?
Your response much Appreciated.
Thank you
RT
gcpadmavyuh
02-18 03:16 PM
Thanks, Elaine!
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
The cost varies, depending on the attorney fees and what advertising is done. Generally, it would probably cost $6000 - $12,000 for PERM. The employer must pay this, you cannot pay any of it.
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
The cost varies, depending on the attorney fees and what advertising is done. Generally, it would probably cost $6000 - $12,000 for PERM. The employer must pay this, you cannot pay any of it.
Joey Foley
November 21st, 2005, 08:03 PM
Heck no I don't mind! By the way Steve these were taken at The Patio.
I still wish I would of got that a little bit better in focus.
Anyway, I'm not very good with Photoshop (I own Photoshop CS2), but I usually use Corel Paint Shop Pro X. But lately I've been using Picasa2.
(http://picasa.google.com/index.html)
It just seems a lot faster the way the program is set up.
I need to learn Photoshop (badly). I just hadn't had time.
Thanks for the help guys, it is VERY much appreciated.
I still wish I would of got that a little bit better in focus.
Anyway, I'm not very good with Photoshop (I own Photoshop CS2), but I usually use Corel Paint Shop Pro X. But lately I've been using Picasa2.
(http://picasa.google.com/index.html)
It just seems a lot faster the way the program is set up.
I need to learn Photoshop (badly). I just hadn't had time.
Thanks for the help guys, it is VERY much appreciated.
