andy.jones110
10-13 12:06 AM
our situation is complicated.
There is a 240 days rule to stop working, if H1B is pending for an approval.
It is for working with the same employer. Transfer may be diffrent.
But since it is a premium process, and your I-94 is expired, you need to be very careful.
You are now out of staus, I fear.
So rush to a good lawyer and contact USCIS
-----------------------------------------------------------------------
My Situation is like this
1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
What are my chances of getting Approval for transfer?
There is a 240 days rule to stop working, if H1B is pending for an approval.
It is for working with the same employer. Transfer may be diffrent.
But since it is a premium process, and your I-94 is expired, you need to be very careful.
You are now out of staus, I fear.
So rush to a good lawyer and contact USCIS
-----------------------------------------------------------------------
My Situation is like this
1. Applied for H1 Visa Ext with Comp A, before I- 94 expiry in regular processing and Ive receipt No with me.
2. Now Ive a good offer with company B, they will apply in Premium processing for H1 Transfer and extension.
What are my chances of getting Approval for transfer?
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jayleno
09-23 04:43 PM
:D:D Great sense of humor....or are serious?
C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.
C'mon, the receipt numbers are not related at all. It is possible that reciept number X is for I-485 and receipt number X+1 is for refugee.
sri1309
10-22 08:59 PM
Guys,
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
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eastindia
12-20 01:40 PM
We need to have a working group to generate awareness @ grassroot levels about legal EB immigrations - common voters, media, people working around you.
This is a good idea.
How about you take your idea further and start this group. I am sure many folks who agree with you will join you. What do you think?
This is a good idea.
How about you take your idea further and start this group. I am sure many folks who agree with you will join you. What do you think?
more...
gemini23
11-19 08:50 AM
Do we have to send copies of H1 visa stamp in passport in order to apply for ead renewal. if yes, what would be the case if the H1 visa stamp is expired. Can I send the copy of expired H1 visa stamp and I-797 approval , for ead renewal?
Can you please answer this question as I am about to file for a ead renewal.
Can you please answer this question as I am about to file for a ead renewal.
transpass
08-02 07:46 PM
If this is the case, can they take the route of "Follow to join" what are the other options for folks in india?
That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...
Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf
HTH...
That I don't know. Probably one needs to check with a lawyer or local consulate regarding the available options...
Regarding applying reentry permit when outside US, please check the recently released USCIS appeals cases...
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_03I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_01I1223.pdf
http://www.uscis.gov/err/I1%20-%20Application%20for%20Issuance%20of%20Reentry%20P ermit/Decisions_Issued_in_2007/Oct102007_02I1223.pdf
HTH...
more...
senthil
01-30 07:47 AM
seem like you clearly know the reason what caused this. as mentioned by our friends, right supporting documents and a good attorney should get your job done like a piece of cake. good luck.
2010 Guitar Wallpaper - Brian
usirit
07-30 11:20 AM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
more...
stemcell
02-12 02:15 PM
Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.
puzon
There are a lot of folks who shell out on their own for the GC process.
Just weigh the risks vs benefits....
do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you
OR
leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.
The way i look at it dont waste an opportunity, just apply and worse case u have a plan B
only my 0.02
puzon
There are a lot of folks who shell out on their own for the GC process.
Just weigh the risks vs benefits....
do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you
OR
leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.
The way i look at it dont waste an opportunity, just apply and worse case u have a plan B
only my 0.02
hair Guitar Wallpaper - Fireburst
anilsal
11-11 08:58 PM
both the parties have decided not to touch immigration at all this year (till elections) they have decided against any increase in any numbers (h1b's, GC's) etc, so much so that the senate are requesting chertoff (homeland security secretary) to increase the OPT time for international student to 2.5 years so they can temp overide the h1b jam.
You seem to be knowing what really is happening there in DC. If yes, why are you not part of the IV team that is working for our issues? :)
We are hearing otherwise from IV. We trust IV.
You seem to be knowing what really is happening there in DC. If yes, why are you not part of the IV team that is working for our issues? :)
We are hearing otherwise from IV. We trust IV.
more...
GC_1000Watt
01-05 04:40 PM
Below mentioned points are from the NAFSA Adviser's Manual (2006 release)
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.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 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 while his case is pending under 221(g) status in mexico?
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.
Please let me now if these points are in place currently.
And if yes then please consider this case gurus. If somebody has a valid first H1B extension (with I-94) till 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 while his case is pending under 221(g) status in mexico?
I will appreciate your thoughts on this.
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yabadaba
07-05 03:31 PM
"Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations … Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said."
more...
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maddipati1
10-16 07:55 PM
Sentiments aside, at least you could have got the story right. That is not why Diwali is celebrated. So, may be get the story correctly before even trying jokes.
raajan, You may not know but, that is exactly why Diwali is celebrated in the whole North India. I know the whole south India celebrates Deepawali to mark the victory of Lord Krishna. The amazing thing is very few South Indians know why North celebrates and vice versa :-)
Even i didn't know about this until i came to US :-)
in my earlier job my boss (panjabi) asked couple of our team members to write a brief note on the story behind Diwali. a north colleague and a south colleague wrote their own versions. my manager is now confused :-) that's how all of us came to know about both versions. :-)
raajan, You may not know but, that is exactly why Diwali is celebrated in the whole North India. I know the whole south India celebrates Deepawali to mark the victory of Lord Krishna. The amazing thing is very few South Indians know why North celebrates and vice versa :-)
Even i didn't know about this until i came to US :-)
in my earlier job my boss (panjabi) asked couple of our team members to write a brief note on the story behind Diwali. a north colleague and a south colleague wrote their own versions. my manager is now confused :-) that's how all of us came to know about both versions. :-)
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bestin
06-18 08:49 PM
Hi
I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.
140 filed under EB2.
I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.
I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.
Pls throw in some light.
I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.
140 filed under EB2.
I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.
I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.
Pls throw in some light.
more...
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gc0402
07-17 09:00 AM
Forgot/didn't know about A# mentioned on my I-140 approval and did not mention it on I-485 application/EAD/AP. will it be an issue??
If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.
If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.
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green_card
09-24 09:00 PM
his question was will bad credit affect GC? answer is "no it wont"
please dont suddenly become "Edward Jones" or "Suze orman" and give financial advice because you may be doing bettter than the person asking the question. God forbid, but one major illness can wipe out anyone's good credit, even with insurance. watch "Sicko" and "Maxed Out". Eye-opening documentaries about the predatory greed of the insurance and financial firms. Dont be so smug. kidding about other people's misfortune isnt funny.
Bad credit history will haunt you even after you get your green card :D (if you intend to take a loan for a substantially large investment - like a house)
Think about it... if they don't give you gc based on your credit goof-ups... who's loss is it :D j/k
please dont suddenly become "Edward Jones" or "Suze orman" and give financial advice because you may be doing bettter than the person asking the question. God forbid, but one major illness can wipe out anyone's good credit, even with insurance. watch "Sicko" and "Maxed Out". Eye-opening documentaries about the predatory greed of the insurance and financial firms. Dont be so smug. kidding about other people's misfortune isnt funny.
Bad credit history will haunt you even after you get your green card :D (if you intend to take a loan for a substantially large investment - like a house)
Think about it... if they don't give you gc based on your credit goof-ups... who's loss is it :D j/k
more...
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gc_buddy
11-19 01:17 PM
Thanks everyone for the valuable inputs..
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masti_Gai
03-09 01:10 PM
If they are paying u for the 5 month gap, its not termination you are still on their pay rolls so u will have no problem coz u are gettin pay check for the 5 months. No need for LOA too if you have pay stubs
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getgreened2010
11-22 12:04 PM
Thanks guys. I guess I need to change my flight at the last minute.....!
uma001
11-05 02:02 PM
Hey found this archive of visa bulletins, if you go through one by one, then that should answer your question.
http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
(From April 2002 to Nov 2008)
And then for still older ones,
(1995 to 2001)
http://dosfan.lib.uic.edu/ERC/visa_bulletin/
Are you trying to look for a pattern to find out when it will be current again ?
Yes, Trying to figure out the pattern,. Thanks for the archives
http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
(From April 2002 to Nov 2008)
And then for still older ones,
(1995 to 2001)
http://dosfan.lib.uic.edu/ERC/visa_bulletin/
Are you trying to look for a pattern to find out when it will be current again ?
Yes, Trying to figure out the pattern,. Thanks for the archives
manderson
09-21 03:05 PM
Hello. I am wondering which is the main factor behind getting your GC independence from your employer - the 180 day test or AC21.
In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?
I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....
Thanks is advance.
In other words, if you stay with your 140 employer past 180 days (from 485 filing) and he withdraws (after 180 days) will it affect your 485 process?
I know that if you change your employer after 180 days through AC21 it won't affect your 485. I was wondering does it also work if you don't use AC21 but pass the 180 day 'test'....
Thanks is advance.
