abracadabra
05-30 02:46 PM
Is it the receipt number, where did you check it??
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calboy78
08-02 08:48 PM
This document:
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
http://www.uscis.gov/files/article/B5.pdf
Says that :
If you stay outside of the
U.S. for one year or more and did not apply for a re-entry
permit before you left, then you may be considered to have
abandoned your permanent resident status and may be refused
entry into the U.S. if you try to return. If you are in this situation,
contact the U.S. Consulate about a returning resident visa.
You might want to talk to an attorney before !
Good Luck and hope DHS/USCIS will provide some relief to you.
They have decades old laws, which don't make much sense and they have no agenda to change 'em.
dixie
01-25 11:33 AM
I was responding to this statement :
"If the govt can lobby for nuke bill, why they cannot do it for techs?" This is a nonsense topic anyways .. deserves to be closed.
How nuke bill is related to SKIL bill......
Admin close this forum.
"If the govt can lobby for nuke bill, why they cannot do it for techs?" This is a nonsense topic anyways .. deserves to be closed.
How nuke bill is related to SKIL bill......
Admin close this forum.
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krishna_brc
06-17 02:56 PM
Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)
Hi GCCOVET,
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
Hi GCCOVET,
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
more...
ras
07-12 07:29 PM
:confused::confused:
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
I guess u could interfile with the first 140
First (Original one):
labor date: EB2-Aug-2002
Labor approved: September - 2007
I-140 approved: Yesterday (July-11-2008)
485 not yet filed
Second (approved labor from different company):
labor date: EB3-Apr-2004 and labor approved
140 filed: July 13 2007 - case is pending as of now
485 filed: July 13 2007 - case is pending as of now
I dont know what to do with my original green card one (whether to file one more 485 or not)
Gurus help me with your knowlege which option i have to choose
1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one
2. file one more 485
3. wait for the substituion labor 140 to be approved and transfer priority date and category?
:confused:
I guess u could interfile with the first 140
beppenyc
02-04 04:39 PM
Do you think that the post poned to march for the senate debate is due to preparation to handle the 11 milion immigrants?
Another question, i feel some anymosity (sorry for my english) for the Illegals immigrants, i am not one of them, i am legal and beleive i don`t have any problem for a visa, but as immigrant i see a lot of them struggling and working like animals for few dollars, and sometime they become illegals due to the confusion about the law. Do you know how much cost a lawier ? I really think that exist only immigration, no difference for me.
Another question, i feel some anymosity (sorry for my english) for the Illegals immigrants, i am not one of them, i am legal and beleive i don`t have any problem for a visa, but as immigrant i see a lot of them struggling and working like animals for few dollars, and sometime they become illegals due to the confusion about the law. Do you know how much cost a lawier ? I really think that exist only immigration, no difference for me.
more...
Redeye
01-08 04:14 PM
However I got two sets of EAD and first set AP with second AP approved (latest from this morning). I am also travelling to India, technically I am in the US for both AP approvals. Done both finger printings. Not sure if this will cause a problem down the line.
My attorney said we should wait until we hear back from CIS asking to withdraw one of the application.
My attorney said we should wait until we hear back from CIS asking to withdraw one of the application.
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Bolt
04-08 10:55 PM
Hi Anand /Snathan,
Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....
Could you guys please update me what happ with your cases etc. i found an employer for h1b transfer and did that on 30th of march 2009 thru premium processing. today again the status has been changed and got an RFE. will find out what was the RFE about etc. God should help me....
more...
Googler
01-14 06:34 PM
Cut and paste for me by my attorney:
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
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swamy
11-21 05:27 PM
Happy thanksgiving to employers and lawyers.
Happy thanksgiving to ALIPAC, NumbersUSA, Fairus, Zazona, ProgrammersGuild.
Happy thanksgiving to Ron Hira
Happy thanksgiving to Lou Dobbs
This best exemplifies our attitude - we wish even those that harm us the best! as the mahatma urged we fight not the person but the bigotry and evil in them
Happy thanksgiving everyone
Happy thanksgiving to ALIPAC, NumbersUSA, Fairus, Zazona, ProgrammersGuild.
Happy thanksgiving to Ron Hira
Happy thanksgiving to Lou Dobbs
This best exemplifies our attitude - we wish even those that harm us the best! as the mahatma urged we fight not the person but the bigotry and evil in them
Happy thanksgiving everyone
more...
rtarar
03-24 08:19 AM
I just got approved for my 3 year extension I am on my 7 th year now.
I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.
So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.
Here are the important points:
0. Total amount is like $3K.
1. 50% owed after 1 year
2. 0% owed after two years of service.
3. 100% owed when employment is terminated by either party :-0
4. 10% per annum interest after the 31st day of termination.
Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
I dont care about the money, but I think this is borderline harassment.
Note:This is not a desi consulting co.
-R
I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.
So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.
Here are the important points:
0. Total amount is like $3K.
1. 50% owed after 1 year
2. 0% owed after two years of service.
3. 100% owed when employment is terminated by either party :-0
4. 10% per annum interest after the 31st day of termination.
Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
I dont care about the money, but I think this is borderline harassment.
Note:This is not a desi consulting co.
-R
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Administrator2
01-26 10:59 AM
I would also like to suggest to display complete heading in the "Recent forum posts" section.
Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.
Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.
more...
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sands_14
04-04 02:01 PM
I e-filed,got my EAD in 2 months,AP in 5 months
My wife efiled,got EAD and AP in 5 months.
We went for FP for sure!
So it can be a long process even when you efile.
All you need is luck:)
My wife efiled,got EAD and AP in 5 months.
We went for FP for sure!
So it can be a long process even when you efile.
All you need is luck:)
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shana04
01-21 09:29 AM
But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?l
Nothing
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21
But, once you get your GC you need to join employer A
Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)
Good luck
Nothing
Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?
if your employer A supports then you dont need to file AC21 and it is not mandatory to file AC21
But, once you get your GC you need to join employer A
Note: you dont want to give control to the employer where you are not working and it depends on your relation with your employer. When you have posted this question which means you dont have that much control over the situation. so I would go with AC21 with new employer unless it is in same or similar job description (title really does not matter unless 80% of job description matches, but do check with your attorney)
Good luck
more...
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rajenk
10-08 10:33 AM
Our I-485 got approved on 10/01/2010. Yes porting PD and interfiling works. Follow the instructions in my IV blog
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Narend
10-27 09:17 AM
Hello,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
Couple of things here.
You did not tell that even when she got her H1, does she still have valid H4?
I dont think she got her h1 stamped on her visa. So technically it is not a problem if she has not been working and has no pay stubs.
She could go for stamping h4 if you people want, and YES that seems to be the best thing cause you want to keep you h1 valid.
Remember, Either you are her use the EAD, your h1 status might not hold good anymore. Likewise with the AP I suppose. Getting the point?
Cheers,
more...
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gdilla
02-28 11:59 AM
I have one year left on my second H1. I am EB3, Canadian born category. Just got I-140 approved last week or so. I've been working here in California for the same employer for 6 years. My PD is Nov 04. I feel like I've taken a big career hit. I am so unhappy with my job - and I'm doing my best to improve the situation including having frank discusssion with the management here on how we can do things better. But they are so risk and change averse, it's so frustrating. I'm going to grad school for my MS in Eng Management part time. Alas, I am only 60% done, with another year to go. Let me put it this way, if i had my GC, I would quit tomorrow morning. I'd rather be unemployed than work here. I just want to concentrate on school and move my career towards strategic management, and management consulting, not engineering. I'm considering giving up and moving back home. I don't know if I can stay in this job for what it seems another 2-3 years!!! It's career suicide. I've been slowly trying to look for a better job, and I'm loathe to take on another eng position which I'm sure I can get without a problem. That is because my heart would not be in it. Any suggestions? Is it possible to just go home and continue the GC process? I can finish school remotely, it's not a problem where I am located.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
I work in the aerospace industry. Recently, our company got bought out by another large company. The new company has been shocked and seemingly no experience to having foreign nationals on staff. Because of export and ITAR issues, aerospace is traditionally and mostly gc and citizens only. In a gut reaction, the new company, for fear of violation of US export law, has restricted all FNs to strict hours (8-5 only), with escorts required at all other times. No weekends or holidays whatsoever. As an engineer, I did my best work in the evenings and weekends (because no one bothers me). Now it's very tough to get anything done, although I don't mind escaping here at 5pm everyday. But it's a truly hostile environment for fns now - they audit and restrict us from working on many things. Needless to say that this place will probably never hire another foreigner again. This has been a research oriented facility with many phds on staff, we've needed to attract top talent from around the world to come here. Not anymore. I'm the rare case of joining with only a bachelors. But I joined in 2001, when most were leaving for startups and they had high turnover and needed people.
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ImmigrationAnswerMan
07-02 11:40 AM
It depends on why your L was denied. The standards for the L and the H are completely different. So usually a denial on an L will not be a factor in adjudicating an H petition. If your L was denied because you had not developed the company enough to show that it was a viable company at this point, then when you file the H they might question whether your company is large enough to warrant needing someone in your position (whatever the position may be).
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gc_chahiye
08-26 11:19 PM
I assume your pd is Aug 04 with EB2. How come applied for 485 on january. Dates were not current for aug 04 PD.
Please let me know.
not everyone is from India.
Please let me know.
not everyone is from India.
srikondoji
08-07 04:41 PM
Location: MA
Job: Software Engineer-Developer
Okay that is so vague. Wages depend on the location of job, type of job, etc.
Job: Software Engineer-Developer
Okay that is so vague. Wages depend on the location of job, type of job, etc.
insbaby
07-23 05:26 PM
*** USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations. ***
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