vin13
01-21 08:41 AM
You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.
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jthomas
06-10 01:50 AM
The employer would offer you (and only you) one way ticket to the final destination to your country. You have to bear the cost of your family members.
If you wish, you can
1. Highlight your skills in this forumn, maybe someone would be able to help.
2. Join IVjobhunters group and check the PERM employers who have earlier hired H1B and apply to them. There are more than hundreds of employers in each field. In IT its more than thousands (around 60 thousand at least). If you need help in this area PM me.
To all other readers,
1. Join IVjobhunters group and help others to find a job. If you are looking for a job please enter your info in the spreadsheet. Ask for help.
2. there are other members in your field. Ask for their suggestion/help.
3. Post any openings if you know.
4.. Most important, This group main objective is to help IV members to find a job. If you have any suggestion please feel free to do so if it helps someone. Some may come up with list of recruiters, some with list of interview questions etc... If you wish to modify the group which would help IV members to find job faster please come up with suggestions.
J thomas
If you wish, you can
1. Highlight your skills in this forumn, maybe someone would be able to help.
2. Join IVjobhunters group and check the PERM employers who have earlier hired H1B and apply to them. There are more than hundreds of employers in each field. In IT its more than thousands (around 60 thousand at least). If you need help in this area PM me.
To all other readers,
1. Join IVjobhunters group and help others to find a job. If you are looking for a job please enter your info in the spreadsheet. Ask for help.
2. there are other members in your field. Ask for their suggestion/help.
3. Post any openings if you know.
4.. Most important, This group main objective is to help IV members to find a job. If you have any suggestion please feel free to do so if it helps someone. Some may come up with list of recruiters, some with list of interview questions etc... If you wish to modify the group which would help IV members to find job faster please come up with suggestions.
J thomas
hi4signs
01-22 08:54 PM
I just found out that I have an employment gap of 11 months working without authorization. I applied for an I-485 in 2007 (I-140 approved) and my paralegal told me I didn't need to renew my H-1 nor apply for EA, I was covered by the pending I-485. Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE??? Would they forgive 11 months of working without permit because of bad advice? I have a 9 year history of keeping my papers legal and up to date until this incident. Please help!
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apb
09-05 02:27 PM
This should go to top of queue. BUMPING
more...
prom2
07-22 12:03 AM
You are saying as if one has a choice.
If you file before August 17 then you have to pay the old fee. If you apply after August 17....
This is correct
If you file before August 17 then you have to pay the old fee. If you apply after August 17....
This is correct
sertasheep
03-26 12:04 PM
dpsg,
I think the point we're trying to make is TOI could probably write about "relevant" problems. Illegal immigration is not a problem we're fighting in this forum. Anyone recollect an article in recent times in TOI on impact of GC backlog and retrogression?
The press is the primary forum for people's voices to be heard even in a difficult democracy like India.
Let the media be aware of the problems NRIs are going through. Most people back home(Des) will think that people in the US have a cushy life with no worries, when the reality is different.
This topic is really debatable, but its simply my humble opinion.
And guess what: making the India NRI minister (Vayalar Ravi) of these issues didn't even result in getting an email response back. We might as well expect that "nothing will happen". But, what's the harm in trying? Just a few minutes of time (and electrons) expended).
I think the point we're trying to make is TOI could probably write about "relevant" problems. Illegal immigration is not a problem we're fighting in this forum. Anyone recollect an article in recent times in TOI on impact of GC backlog and retrogression?
The press is the primary forum for people's voices to be heard even in a difficult democracy like India.
Let the media be aware of the problems NRIs are going through. Most people back home(Des) will think that people in the US have a cushy life with no worries, when the reality is different.
This topic is really debatable, but its simply my humble opinion.
And guess what: making the India NRI minister (Vayalar Ravi) of these issues didn't even result in getting an email response back. We might as well expect that "nothing will happen". But, what's the harm in trying? Just a few minutes of time (and electrons) expended).
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Ram_C
11-19 07:59 PM
Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
This is common, many of us including me received soft LUD on already approved
I-140 applications. check my post#2 on this same thread.
hope this helps
good luck :)
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
This is common, many of us including me received soft LUD on already approved
I-140 applications. check my post#2 on this same thread.
hope this helps
good luck :)
2010 more.
immigrationmatters30
06-04 07:54 AM
1- how will be the process and how much are the fees?
--You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
2- How long does it take?
Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
3- Do I have to go back to my home country to get the new stamp for extension?
After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
4- Is there any way to renew it in USA?
No
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
-Not really.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
7- Is there anything else that my employer and I should know and consider?
You- Make sure you have real paying job in US with your employer.
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
--You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
2- How long does it take?
Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
3- Do I have to go back to my home country to get the new stamp for extension?
After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
4- Is there any way to renew it in USA?
No
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
-Not really.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
7- Is there anything else that my employer and I should know and consider?
You- Make sure you have real paying job in US with your employer.
I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?
I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!
It seems now the only way is to apply for H1-b extension. So there will be these questions:
1- how will be the process and how much are the fees?
2- How long does it take?
3- Do I have to go back to my home country to get the new stamp for extension?
4- Is there any way to renew it in USA ?
5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
7- Is there anything else that my employer and I should know and consider?
I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
Please help me
more...
vick
07-07 01:24 PM
It happened with me too last year. My h1 extension was denied and the RFE which my lawyer got was missing the reason for denial. When my lawyer called USCIS, they said they will send a new RFE and the very next day my h1 status changed to Approved. I think its just a mistake by USCIS...
Good Luck and keep us posted..
Good Luck and keep us posted..
hair more.
johnamit
08-02 01:01 PM
I was wanted to know what is the best way to get something from India, please share if you had any experience.
thanks
thanks
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msyedy
02-05 01:30 PM
Hi,
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
I am a doctor from India and came to US on B1/B2 visa. I have cleared my Step1 and step2 USMLE and preparing for CS Exam. I am looking for a observership or externship oppertunity.
I applied and called a lot of places but no luck because of my visa situation. Please let me know if anyone here knows of any hospitals offering observerships for IMGs.
Thanks
There is a hospital in Brooklyn New York where one of my friend was given H1-B and he is doing his residency from there. I will let you know.
hot more.
lost_in_gc_land
01-31 01:18 PM
lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
Thank you for your response to my post about 221g. You mentioend that if I have AP in hand then I can cancel the request for the H1 and return on the AP. In my case I applied for the AP in the us but it was approved and sent to me after I left the US. My lawyer says that it needs to be approved before I leave the US and therefore cannot use it. Do you know if I can use the AP without it being approved while I was in the US?
more...
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jotv
11-19 12:32 PM
i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?
should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .
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HV000
02-24 12:37 PM
It is important to note that IO vetting the AC21 - I-485 Application for approval HAS TO consider that EXPERIENCE and PERFORMANCE can comand greater salaries in the free job market!!!! This is VERY important since there is a hugh time gap between LC and I-485 Approval especially for non ROW countries!!
USCIS should NOT be intervening when companies can provide higher salaries for same or similar jobs to QUALIFIED candidates.
USCIS should NOT be intervening when companies can provide higher salaries for same or similar jobs to QUALIFIED candidates.
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arnet
10-31 04:05 PM
my lawyer said that if anyone uses EAD to work or planning to use EAD soon (not H1B) then it is better to apply for EAD renewal before 6 months of current one expires. If you are in H1B not planning to use EAD even in future then you can renew it 3-4 months before expiry.
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gultie2k
11-04 10:51 AM
Case resolved!!
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.
Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.
Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.
more...
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desi3933
07-31 04:11 PM
....
....
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
......
......
Thanks.
1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.
2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.
The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.
Good Luck.
________________________
Not a legal advice.
US Permanent Resident since 2002
....
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
......
......
Thanks.
1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.
2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.
The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.
Good Luck.
________________________
Not a legal advice.
US Permanent Resident since 2002
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pd_recapturing
04-21 03:23 PM
Well, if your H1B is based on approved 140 (post 6 years), even that gets invalidated when your 485 is denied due to revocation of I-140.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
According to my lawyer, you can very well work on EAD if your 485 is denied because of USCIS's wrongful decision like not looking at AC21 law, July fiasco PD confusion etc ..if you want to be extra conservative here, u can wait till your MTR is filed and you get a receipt notice to start working again.
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Sunx_2004
10-10 12:36 PM
My application reached NSC on July 17th, No updates yet..:mad:
franklin
02-10 10:14 PM
It actually depends what nationality you are, since that CAN mean a huge amount of difference with the speed of getting your greencard through EB3 or EB2.
I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
You should eligible for Eb2 by default because of your education unless your current job does not need one..
It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated
I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.
If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker
You should eligible for Eb2 by default because of your education unless your current job does not need one..
It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated
logiclife
06-20 12:06 PM
Fellows,
I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:
1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?
2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.
3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?
Thanks
(1) is surely an option if you think your prayers are strong enough. I wouldnt trust prayers when it comes to immigration process.
About options (2) and (3), its surely a great option. Contact your ex employer and file the greencard thru him. When I say "Thru him" all you need from him is a letter on company letter head from the boss/HR that still intend to hire you when you get your greencard. Other than that, it is possible to do the whole thing by yourself either thru your own lawyer or by doing it yourself. Its not rocket science. If you have a good lawyer, go thru him.
BEFORE YOUR GC IS APPROVED:
Also, keep in mind that you dont have to start working for him just because he is filing your 485 based on labor/140 that he sponsored. You can continue working where you are working right now. GC is for future employment. (However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer). Also, one last thing if you go thru this route. You need to maintain good relations with this employer if he files your 485 at least for 180 days after its filed. That's because you need him to write a letter that "yes I intend to hire this guy" should USCIS ask him that again during the intial 180 days. After 180 days have passed, if USCIS asks and sends RFE about "who is going to hire you after getting GC", you can exercise your AC21 option and produce a letter from your current employer (whomever you are working for at the time) that they intend to keep your employed after you get GC.
AFTER YOUR GC IS APPROVED:
Now, about having to work for your ex-employer because you filing 485 based on approved labor and 140 that was sponsored by your ex-employer, here is the deal : If 180 days have passed since your 485 is pending and if your greencard is approved after that (after 180 days of 485 filing) then you do not have to go back to your ex-employer. That's because the option of using AC21 portability is available only AFTER 180 days, not before that. Now, if your 485 gets approved in less than 180 days (which is unlikely because they are never that fast and plus the dates have to be current), then YES, you have to go to work for your employer for at least a couple of months as soon as your 485 is approved. However, the chances of the situation coming to that is very unlikely. I dont think anyone is going to get their 485 approved in less than 180 days.
I had my PERM labour and I-140 approved with priority date Dec 2005 in EB2 category. I changed my job in April and was hoping to get the priority date transferred to with new labour and I-140 from new employer. I have not started the GC process with new employer and am in good terms with old employer. With the priority dates being current for July (and probably for August too), what are the options I have:
1. Filing new labour and pray to get approved before end of August. Then file for I-140 and I-485 concurrently. Do I stand a chance there, with advertisement publishing and other formalities?
2. Can I file my I-485 with old employer while working with new employer. What are the documents I would need from old employer.
3. If answer to question 2 is 'yes', do I need to go back and work for old employer ever (before or after getting green card)?
Thanks
(1) is surely an option if you think your prayers are strong enough. I wouldnt trust prayers when it comes to immigration process.
About options (2) and (3), its surely a great option. Contact your ex employer and file the greencard thru him. When I say "Thru him" all you need from him is a letter on company letter head from the boss/HR that still intend to hire you when you get your greencard. Other than that, it is possible to do the whole thing by yourself either thru your own lawyer or by doing it yourself. Its not rocket science. If you have a good lawyer, go thru him.
BEFORE YOUR GC IS APPROVED:
Also, keep in mind that you dont have to start working for him just because he is filing your 485 based on labor/140 that he sponsored. You can continue working where you are working right now. GC is for future employment. (However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer). Also, one last thing if you go thru this route. You need to maintain good relations with this employer if he files your 485 at least for 180 days after its filed. That's because you need him to write a letter that "yes I intend to hire this guy" should USCIS ask him that again during the intial 180 days. After 180 days have passed, if USCIS asks and sends RFE about "who is going to hire you after getting GC", you can exercise your AC21 option and produce a letter from your current employer (whomever you are working for at the time) that they intend to keep your employed after you get GC.
AFTER YOUR GC IS APPROVED:
Now, about having to work for your ex-employer because you filing 485 based on approved labor and 140 that was sponsored by your ex-employer, here is the deal : If 180 days have passed since your 485 is pending and if your greencard is approved after that (after 180 days of 485 filing) then you do not have to go back to your ex-employer. That's because the option of using AC21 portability is available only AFTER 180 days, not before that. Now, if your 485 gets approved in less than 180 days (which is unlikely because they are never that fast and plus the dates have to be current), then YES, you have to go to work for your employer for at least a couple of months as soon as your 485 is approved. However, the chances of the situation coming to that is very unlikely. I dont think anyone is going to get their 485 approved in less than 180 days.
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