crystal
02-04 02:42 PM
You are right only if they dont want to use EAD after they come back. If they use EAD once they come back to USA, then they are back to adjustee status.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.
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mrane1
09-27 05:48 PM
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
Apart from all the above solutions there is one more.. I have a friend who was in similar situation.. she didnt make the h1b visa lottery... Her OPT expires in January... So she took admission in MBA and will apply for CPT in Jan... Also she has graduated now... so next year she can apply through MS quota. The good thing is that she has a FT job in a start up and her compnay assisting her in every way...
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
Apart from all the above solutions there is one more.. I have a friend who was in similar situation.. she didnt make the h1b visa lottery... Her OPT expires in January... So she took admission in MBA and will apply for CPT in Jan... Also she has graduated now... so next year she can apply through MS quota. The good thing is that she has a FT job in a start up and her compnay assisting her in every way...
mbartosik
11-09 05:42 PM
http://news.bbc.co.uk/1/hi/health/7087846.stm
Actually there were two issues.
1) UK gov changed qualifying period for "indefinite leave to stay" from 4 years to 5 years. Without a grand father clause. UK gov won this.
2) NHS (state heath system) discriminated against those with UK work visa without "indefinite leave to say". That is called a Highly Skilled Migrant Programme.
For comparison with US system
indefinite leave to say == green card. Much easier to get in UK, wait time fixed at 5 years (up from 4).
Highly Skilled Migrant Programme == H1B H4 and L1 L2 but I think like having an EAD also.
I wonder given this ruling if those affected can now sue the NHS (National Health Service) over this for compensatory damages.
Actually there were two issues.
1) UK gov changed qualifying period for "indefinite leave to stay" from 4 years to 5 years. Without a grand father clause. UK gov won this.
2) NHS (state heath system) discriminated against those with UK work visa without "indefinite leave to say". That is called a Highly Skilled Migrant Programme.
For comparison with US system
indefinite leave to say == green card. Much easier to get in UK, wait time fixed at 5 years (up from 4).
Highly Skilled Migrant Programme == H1B H4 and L1 L2 but I think like having an EAD also.
I wonder given this ruling if those affected can now sue the NHS (National Health Service) over this for compensatory damages.
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wellwishergc
04-08 07:45 PM
Yes, it is possible.. However you can apply for extension for one year only. If your I-140 is approved, you can apply for extension for 3 years.
I suggest the following:
1) Apply for your I-140 at the earliest. There is a possibility that your I-140 will be approved before end of May.
2) If I-140 gets approved by end of May, apply for H1B extension for 3 years
3) Else apply for I-140 extension for 1 year based on your approved Labor
Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.
Anybody in the same situation?
I suggest the following:
1) Apply for your I-140 at the earliest. There is a possibility that your I-140 will be approved before end of May.
2) If I-140 gets approved by end of May, apply for H1B extension for 3 years
3) Else apply for I-140 extension for 1 year based on your approved Labor
Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.
Anybody in the same situation?
more...
nkd970
10-06 09:56 PM
Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?
What the &*^% is going on? !!@$%ing DOL.
:mad:
Mine was filed by Fragomen in June and responded to audit in November as well. If your case was filed by Fragomen you have no option but the wait. Sorry to disappoint you, but I am in exactly the same situation.
What the &*^% is going on? !!@$%ing DOL.
:mad:
Mine was filed by Fragomen in June and responded to audit in November as well. If your case was filed by Fragomen you have no option but the wait. Sorry to disappoint you, but I am in exactly the same situation.
sangeethak31
07-13 05:51 PM
Required documents for H1B Visa renewal lists the previous employers experience letter...
Please advise me....
Thanks,
Sangeetha K
Please advise me....
Thanks,
Sangeetha K
more...
Jaime
09-07 03:05 AM
How many more before Congress acts?
COME WITH US TO WASHINGTON TO TELL CONGRESS THAT WE'VE ALREADY WAITED LONG ENOUGH!!!!
How many more of us need to leave???? Let's not wait and find out! We love the United States and want to continue to contribute to its growth, world leadership and well-being. Don't let short-sighted politicians prevent you from securing what you have rightfully earned: The Right to contribute to the U.S. in peace and freedom, without abuse, without discrimination, and without the constant threat of being uprooted and kicked out the door like a piece of used old furniture!!!
COME WITH US TO WASHINGTON TO TELL CONGRESS THAT WE'VE ALREADY WAITED LONG ENOUGH!!!!
How many more of us need to leave???? Let's not wait and find out! We love the United States and want to continue to contribute to its growth, world leadership and well-being. Don't let short-sighted politicians prevent you from securing what you have rightfully earned: The Right to contribute to the U.S. in peace and freedom, without abuse, without discrimination, and without the constant threat of being uprooted and kicked out the door like a piece of used old furniture!!!
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lenbin
10-24 04:29 PM
h1 extension applied on july 14th on oct 19th approval notice sent..
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crystal
02-04 10:52 AM
There is no need to change to H4. asaik , that is an extra un-necessary step.
AP should be enough.
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
AP should be enough.
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
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indianabacklog
03-19 01:16 PM
If it is true, how come the few person with old priority date (2002) is still waiting and some person with later priority date (2003,2004) got their GC..after Name check
RD is also not a reliable predictor since there are people who have been approved who applied for AOS in July 2007 while those who had applied prior to this are still waiting to see the light.
It is a random process for sure.
RD is also not a reliable predictor since there are people who have been approved who applied for AOS in July 2007 while those who had applied prior to this are still waiting to see the light.
It is a random process for sure.
more...
meridiani.planum
04-01 04:18 AM
Hello Everyone -
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
ur PD is 2006-EB2-India and you were called for an interview? thats odd. the interview typically when the case is close to approval, why are they bothering with your case so soon.. something is not adding up
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
ur PD is 2006-EB2-India and you were called for an interview? thats odd. the interview typically when the case is close to approval, why are they bothering with your case so soon.. something is not adding up
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houston2005
08-21 11:26 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Congrats.
Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.
more...
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nozerd
11-29 03:16 PM
The fees keep changing and should be checked on the website of your nearest Canadian Consulate/Embassy.
Since now CAD is greater in value than USD, CAD fees will go up. Please see link below from Canadian Consulate Buffalo of various fees in US $. PLEASE SEND THE FEES LISTED HEREIN.
http://geo.international.gc.ca/can-am/main/visas/fee_schedule_us_dollars-en.asp
Since now CAD is greater in value than USD, CAD fees will go up. Please see link below from Canadian Consulate Buffalo of various fees in US $. PLEASE SEND THE FEES LISTED HEREIN.
http://geo.international.gc.ca/can-am/main/visas/fee_schedule_us_dollars-en.asp
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shree772000
08-13 03:36 PM
who is vld rao?
His full name is venkateshwar rao.....:p
His full name is venkateshwar rao.....:p
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CRAZYMONK
07-20 09:01 AM
All they can do is stop your salary and not re leave you from the duties. Also the day you put in your papers, they might cancel your H1B, which jeopardizes your status. So prepare for this. File the H1 B first get the approval then quit. These days it is very hard to get the H1b Transfer done.
They can't do any thing else. All the best.
Hello Sir/Madam,
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
They can't do any thing else. All the best.
Hello Sir/Madam,
I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.
A brief info about me :
1. I'm basically an employee of Wipro, India deputed in US on H1B.
2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.
My current issue :
1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
2. I Can give only 3 weeks of notice.
Advice needed :
1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?
Your suggestions will do a world of good to me. Thank you in advance.
Regards,
Ineedhelp
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eb3_nepa
10-13 03:11 PM
I have ALWAYS gone in T-shirt and Jeans and never had a problem. They dont really care about your appearance, although it is a good idea to dress decently.
more...
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vbkris77
12-27 02:29 PM
So many bills are introduced but most don't even see day of light.. I personally don't see this ever passing the congress.. For most treaty countries this feature is already available and its called E1/E2 visa.. There is no limit on number of people and number years for visa.
Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )
According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.
The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; �Immigrants are nearly 30% more likely to start a business than non-immigrants � and �about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs� . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn�t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn�t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .
Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don�t have the actual numbers. Aren�t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?
Hope some of you might have seen the Wall Street Journal story this weekend on visas/Green Cards for owners of start-up businesses. (Foreign Entrepreneurs Eye StartUp Visa Act - WSJ.com (http://online.wsj.com/article_email/SB10001424052748704694004576020001550357580-lMyQjAxMTAwMDIwNTEyNDUyWj.html) )
According to the story there is broad consensus for a program to offer green card to foreign nationals who can bring in as low as $100,000 to start a new business in U.S. While this may not be an option for most of the folks in this forum, the premise of the proposed law has something in common with all of us.
The law is proposed by senators John Kerry (D) and Richard Lugar (R) on the principle that immigrants are more willing to be entrepreneurial and hence offering permanent residency to foreigners who will open a small business will increase the employment opportunities in U.S. Endorsing the entrepreneurial mind of new immigrants WSJ sights that; �Immigrants are nearly 30% more likely to start a business than non-immigrants � and �about a third of Silicon Valley technology firms were started by Indian or Chinese entrepreneurs� . If the proposed bill is attempting to attract skilled and entrepreneurial minded immigrants into U.S. as a means to increase employment why not U.S. look into the pool of highly skilled and eager folks waiting for a green card for many years? Wouldn�t these folks be highly likely to open a new small business than someone from outside of the U.S. with no U.S. business background? If we are to take cues from the one third of the Silicon Valley entrepreneurs wouldn�t a good number of these people waiting for green card open up the starts up businesses that senators Kerry and Lugar are hoping to .
Would it be worth writing on behalf of Immigration Voice to senators Kerry and Lugar to consider the pool of potential entrepreneurs minded people already in U.S. and have been waiting for an opportunity to realize their entrepreneurial dreams? I don�t have the actual numbers. Aren�t there about 30 or 40,000 people who have been in U.S. with an approved immigration petition but waiting for a green card for many years? Could IV put forward a win-win propositions for everyone?
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jetflyer
06-10 09:09 AM
Long History
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
Mix of Visa Types
Labor Sub
These might have pulled the trigger for RFE
Received RFE for primary applicant (myself) and spouse.
Please submit evidence of lawful presence from October 1998 until August 17, 2007.
The documents may include the following:
A) a photo copy of form I-797 for all extensions and change of status
B) photo copy of form I-20 or IAP66 school records (front and back) including all school annotations
c) Photocopy (front and back) of applicant's Form I-94 Arrival/Departure Record
Below is my immigration timeline
CLASS ------ VALID FROM ------ VALID TO ------ Comments
H1-B -------- 5/16/1995 -------- 5/17/1998
H1-B -------- 5/17/1998 -------- 5/17/2001
H1-B -------- 12/23/1999 ------- 6/30/2001
H1-B -------- 7/1/2001 --------- 9/30/2001
0-1 --------- 10/3/2001 ------ 10/1/2004 ------ Stamped in Chennai
EAD --------- 8/4/2004 -------- 8/3/2005 ------- EB1 denied 1/15/2005
0-1 --------- 5/13/2005 ------- 5/12/2008 ------ Stamped in Chennai
0-1 --------- 4/3/2007 --------- 3/13/2010
0-1 ---------- 5/2/2207 --------- 5/12/2009
After 1/15/05 (EB-1 denial)
- Left the country on 6/15/05 (less than 6 months)
- During this time, applied for O-1 visa and got approved
- Got visa stamping in Chennai with O-1 visa
Do you see any issues with my response ?
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simple1
02-15 11:37 AM
I have the same query:
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
nozerd
12-04 07:32 AM
Yeah, Id sure be interested in your line of work
$ 92/hr * 40 hrs/wk * 52 wks/yr = $ 191,360.
If you have been working since 5 yrs thats enoughh revenue to get investment based GC :)
Best of luck
$ 92/hr * 40 hrs/wk * 52 wks/yr = $ 191,360.
If you have been working since 5 yrs thats enoughh revenue to get investment based GC :)
Best of luck
mrdelhiite
08-08 07:59 AM
Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......
Thank you.
-M:)
Thank you.
-M:)
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