grupak
03-28 05:45 PM
Thank you. So we do have to answer "Yes" to all the 3 questions!
I think so, if an I-485 has been applied for the dependent.
I think so, if an I-485 has been applied for the dependent.
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jcrajput
10-19 08:27 AM
I have I-140 approved and also based on I-140, I have 3 years H1B approved which expires in 2010.
My I-485 was rejected and I have re-submitted which is obviously pending and not further news on that (refiled on 10/10/07 at CSC)
I have following questions:
1. If I want to travel to INDIA for 6-8 weeks, Is there any problem?
2. Can I get H1B VSIA stampled at BOMBAY?
3. Do I need any other document except H1B approval notice & I-140 approval notice?
4. Do I need to mention about I-485 been filed?
Please help. Thank you in advance.
My I-485 was rejected and I have re-submitted which is obviously pending and not further news on that (refiled on 10/10/07 at CSC)
I have following questions:
1. If I want to travel to INDIA for 6-8 weeks, Is there any problem?
2. Can I get H1B VSIA stampled at BOMBAY?
3. Do I need any other document except H1B approval notice & I-140 approval notice?
4. Do I need to mention about I-485 been filed?
Please help. Thank you in advance.
gcdedo
01-23 06:49 AM
Off Lately in this forum and thru my freinds I am hearing premiums are also getting delayed..
Even in My case Fedex has reached uscis on Jan 17 , for me and my family but checks have not yet got cleared..
my lawyer says , nowadays the delay is because vermont cases are getting transferred to Calisfornia center for H1 Extension ..
Not sure what is the truth...Just waiting for Premium H1 extension to get cleared soon...
--GCDEDO
Even in My case Fedex has reached uscis on Jan 17 , for me and my family but checks have not yet got cleared..
my lawyer says , nowadays the delay is because vermont cases are getting transferred to Calisfornia center for H1 Extension ..
Not sure what is the truth...Just waiting for Premium H1 extension to get cleared soon...
--GCDEDO
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akela_topchi
01-20 12:42 AM
Dear Friends
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.
1. he has H1B from current employer (valid till 2009) - Employer1.
2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.
He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).
Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.
Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -
[A] validity of such a stamp on passport -
Q1. Will the visa stamp (with current employer) be vaild?
Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?
[B] Re-entry
Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?
Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?
Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?
THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!
more...
Ann Ruben
02-01 09:50 PM
Deepadandamudi,
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
Because you are not currently invalid non-immigrant status, you are not entitled to a change of status to H-1. But, once an H-1 petition is approved on your behalf, you can leave the US, obtain an H-1 visa stamp in your passport and then return to the US using that visa. Unless your employer is exempt from the H-1 cap, the earliest you could do this would be Oct. 2010.
As long as you remain legally married you are entitled to the EAD, and you can maintain both documents. However, if you work for another employer using your EAD you will violate your H-1 status.
wisley
10-24 01:03 PM
:D
As per Section 201 of the Immigration and Nationality Act, out of 114,200 visas for 2nd Preference, 89,000 reserved visa numbers has been allocated to F2A and the rest something around 26,600 visas has been reserved to allocate to F2B. But now, in previous year F2A jumps over 4 years� gap and only then they could achieved their quota and who knows there could be a probability of wastage or unused numbers as well. Anyways it will be an advantage for F2B�s because in 2011 they have 89,000 stock again to complete the required given numbers and any body in a world can guess right now after seeing the result of 2010 that it will become current soon. All I wanna say that there could be a tremendous amount of unused visas will gonna distributed among the preceding categories in which they will distribute those unused numbers to preceding categories. Where the maximum will be allocated to F2Bs and rest two: F3 and F4 could also enjoy this unused numbers in a discrete sequence. This process is known as �Spillover�, I have mentioned below the link of USCIS Blog site(Beacon)u guys can go and check it out.
http://blog.uscis.go...sa-numbers.html
the bottom line ........... i think in the next couple of months will see much moving in the visa bulletin not happen ever
As per Section 201 of the Immigration and Nationality Act, out of 114,200 visas for 2nd Preference, 89,000 reserved visa numbers has been allocated to F2A and the rest something around 26,600 visas has been reserved to allocate to F2B. But now, in previous year F2A jumps over 4 years� gap and only then they could achieved their quota and who knows there could be a probability of wastage or unused numbers as well. Anyways it will be an advantage for F2B�s because in 2011 they have 89,000 stock again to complete the required given numbers and any body in a world can guess right now after seeing the result of 2010 that it will become current soon. All I wanna say that there could be a tremendous amount of unused visas will gonna distributed among the preceding categories in which they will distribute those unused numbers to preceding categories. Where the maximum will be allocated to F2Bs and rest two: F3 and F4 could also enjoy this unused numbers in a discrete sequence. This process is known as �Spillover�, I have mentioned below the link of USCIS Blog site(Beacon)u guys can go and check it out.
http://blog.uscis.go...sa-numbers.html
the bottom line ........... i think in the next couple of months will see much moving in the visa bulletin not happen ever
more...
gcdreamer05
12-10 05:50 PM
Hi Folks,
I recently got my h1b extension approved. and on the approval notice i read the following lines of text,
"The petitioner may also file Form I-824, Application for action on an approved petition with this office, to request that we notify a consulate, port of entry or pre-flight inspection office of this approval"
Has anyone tried doing this I-824 to notify the consulate where we planned to do H1b extension stamping. Will this work to avoid PIMS delay?
And has anyone recently done h1b extesnion stamping in chennai consulate?
I am in deliberate need of doing this because i may lose my project if i get stuck for a long time in consulate abroad, at the same time i feel safe with a stamping and hence want to go for stamping.
Please share your comments.
-Dreamer.
I recently got my h1b extension approved. and on the approval notice i read the following lines of text,
"The petitioner may also file Form I-824, Application for action on an approved petition with this office, to request that we notify a consulate, port of entry or pre-flight inspection office of this approval"
Has anyone tried doing this I-824 to notify the consulate where we planned to do H1b extension stamping. Will this work to avoid PIMS delay?
And has anyone recently done h1b extesnion stamping in chennai consulate?
I am in deliberate need of doing this because i may lose my project if i get stuck for a long time in consulate abroad, at the same time i feel safe with a stamping and hence want to go for stamping.
Please share your comments.
-Dreamer.
2010 Nicole Richie and Joel Madden
gcwait2007
03-27 12:50 AM
What is your LC Priority date? Many of my friends had used LC Sub with PD earlier to Dec 2004 and all their applications were approved in TSC. The yardstick for transfer of LC sub cases from TSC to NSC is mystery and we have to find a way to solve it.
more...
ashkam
10-16 03:06 PM
Hi,
If u have not recieved ur original fp notice and if lawyer recieved the courtesy copy of ur fp notice,u can take that print and attend ur fp appointment as scheduled.I did not recieve my fp notice by mail,but went and attended successfully my fp appointment with lawyer's copy.Just take passport and ur driver's license for photo identity.(passport only for safe side).
goodluck,
vaishu
By courtesy copy do you mean the original I-797C?
If u have not recieved ur original fp notice and if lawyer recieved the courtesy copy of ur fp notice,u can take that print and attend ur fp appointment as scheduled.I did not recieve my fp notice by mail,but went and attended successfully my fp appointment with lawyer's copy.Just take passport and ur driver's license for photo identity.(passport only for safe side).
goodluck,
vaishu
By courtesy copy do you mean the original I-797C?
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terpac
02-03 07:30 PM
This is EB2 and I had more that 6.5 yrs of experience at the time of labor filing.
The case is in NSC.
PD: Jan 07
I140 & 485 concurrent filing in July 07
Thanks!
The case is in NSC.
PD: Jan 07
I140 & 485 concurrent filing in July 07
Thanks!
more...
FinalGC
06-15 12:53 PM
Experts:
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
I am going to apply for my H1 renewal. I have my I-140 approved and I-485 application pending from Aug 2007. Additionally, being from India, my visa number is retrogressed.
I got my first 3 year H1 extention from 2006-2009. Now I am appllying for my next 3 years H1 extention. However, I am seeing USCIS asking for client letter and copy of contract. Additionally, one employee of my company got renewal for 3 months only, since his project was getting over in 3 months.
My company gets Purchase Orders for 1 year duration only from my client, but I have a intent to renewal for up to 3 years. I am about to enter into my 2nd year of contract.
I am working with my lawyer to present my case the best way to ensure that we get a renewal of 3 years. Here is what my lawyer recently stated
>>>>USCIS is simply not approving H1 petitions in the IT consultant field if the Employer cannot show actual bona fide work for the duration of time requested. This arises when USCIS issues a request for evidence specifically asking for such items as contracts and work orders. Furthermore, USCIS specifically requests that the end client confirm work performed as they are the business receiving the benefit of the employer. USCIS deems this requirement as necessary to confirm that the employee is performing work in a specialty occupation as contained in the petition.<<<<<<<<<
However, I thought if any of you guys have any suggestions to ensure that we could get a 3 year extention??
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san7887
06-29 05:31 PM
This is SAD, but what have to do with "Imigration Voice Issues and Congressional updates"? >
thats my exact question......???
thats my exact question......???
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indio0617
01-30 12:15 PM
If I have an approved labor and switch attorneys, is it mandatory for current attorney to hand over the approved labor and all relevant documents to the new attorney or can he choose NOT to give it ?
Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .
Thanks.
Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .
Thanks.
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ushkand
07-23 10:20 PM
WOW! they'll accept applications without medical examinations. Wish I had known that before sending my second app. :( Seems like USCIS is more forgiving this time around - you think the flowers had something to do with it?;)
Hope they treat my G-325 oversight the same way and issue an RFE instead of outright rejecting the application. (Fingers crossed)
Hope they treat my G-325 oversight the same way and issue an RFE instead of outright rejecting the application. (Fingers crossed)
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amitjoey
07-01 05:08 PM
Kumar:
Take an infopass appointment, ask them to generate a finger print notice for the same day, then go to the office with your son, where they take the fingerprints. Keep calling USCIS and then a week later take the Infopass appnt again. That should do it.
Take an infopass appointment, ask them to generate a finger print notice for the same day, then go to the office with your son, where they take the fingerprints. Keep calling USCIS and then a week later take the Infopass appnt again. That should do it.
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trnandakumar
11-03 07:10 PM
I was looking at status of my EAD I applied on 15th October'2008 online at TSC.Status shows that my card has been ordered for production on 31st October.I received letter for Biometric appointment on 5th November. I went to ASC on Saturday( 11/1/2008) and had my fingerprinting done.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
I got FP notice for my EAD one month after I got my EAD in hand.
How can they order the card on 31st october when my biometrics were done by that date and my appointment was set for 5th Nov 2008 ? Anybody faced the same situation? I had gone for finger printing for I-485 this January.
I got FP notice for my EAD one month after I got my EAD in hand.
more...
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lelica32
07-31 08:17 AM
Hi,
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
I have a question an experts:
Shustermann says that today ist the last day that all the employment- based-preference categories are current (exception unskilled workers). Ok, now he sasy : We recommand that Employers and their attorneys e-filing their I-140 today.
Please explain me if thats so important to file today the I-140 becouse just today the priority date are current.
I dont understand whats has the filing form I-140 to do with the priority Dates. Priority date is the PERM date??
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GCPagla
03-04 12:22 PM
What is donor forum. How to access that?
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fide_champ
11-18 11:53 AM
Yes one must be a Greencard holder to attain unemployment benifits.
Not permitted with EAD.
This is not true. People in AOS can apply for unemployment benefits. Unemployment benefits are paid by employers and all you need is an A number to get it.
Not permitted with EAD.
This is not true. People in AOS can apply for unemployment benefits. Unemployment benefits are paid by employers and all you need is an A number to get it.
somegchuh
04-04 05:24 PM
I think this thread is really good start. I think the inherent problem is not the fact that H1B is temporary and ppl want GC. Basic problem is ppl want the right to be able to work for who they want and they want the same for their spouses. This can be addressed by H1B reform also. But I think it will be an uphill battle because most businesses get captive employees by way of H1B visa and would be the real losers in case of a reform.
cr125rider
04-24 10:37 PM
That one is cool!
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