heavencard
05-15 04:26 PM
Thank you everyone for your responses.
I am thinking to go for education evaluation through Attorney and based on the evaluation I can decide. But honestly, I am discourage to apply under EB3 due to current prevailing scenario and it is uncertain when finally I will have GC in hand.
I am thinking to go for education evaluation through Attorney and based on the evaluation I can decide. But honestly, I am discourage to apply under EB3 due to current prevailing scenario and it is uncertain when finally I will have GC in hand.
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eucalyptus.mp
02-16 03:37 PM
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
spicy_guy
08-28 12:12 AM
There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!
Another struggle with USCIS amidst a lot other... huh? :D
Another struggle with USCIS amidst a lot other... huh? :D
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tabletpc
08-27 09:16 AM
Thanks guys for response...
so basically in short....
I can aply for visitors visa an visit cananda while my PR is in proceess right..??
so basically in short....
I can aply for visitors visa an visit cananda while my PR is in proceess right..??
more...
dealsnet
06-17 08:28 AM
You can extend H1B, if your labor was approved before I-94 expiry date. If it happens, do premium for I-140 (15 days), with approved I-140, you can extend upto 3 years.
India_USA
04-30 09:13 AM
C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.c-span.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)
Something is happening ...........
Something is happening ...........
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Chiwere
08-03 02:06 PM
Thanks Alisa for opening this thread.
I am EB3I @ NSC RD 07/25/07
I am EB3I @ NSC RD 07/25/07
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unit
09-16 04:17 PM
GCProbs,
Could you EDIT the title of this thread from "Need an advise" to "May not work for my GC sponsoring company" (or something similar) so that we can hear more from others who are in the same boat?
thanks.
Could you EDIT the title of this thread from "Need an advise" to "May not work for my GC sponsoring company" (or something similar) so that we can hear more from others who are in the same boat?
thanks.
more...
vin13
05-19 01:34 PM
My friend,
to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.
How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.
Immigration is more of a domestic political issue/concern. It is mostly based on popularity and vote bank. This is not a major bilateral concern for US and India. I guess that is why i am saying India's PM may not be able to influence much.
Anyway i don't want to beat this to death. Just an opinion.
to a certain extent I agree with your point. However I believe MR Singh could have initiated a dialog on Indian immigrants. Reason being most us, send our money back home, keep money in our accounts over there? Lets not forget the air tickets we bought to come over here, the loans we picked from there, all the taxes are paid to the government.
How many of us, buy properties over there, so my point is yes it not a direct concern of an Indian PM, but indirectly we are paying their fat bills or a polite version -- taxes. They should have brought that point.
Immigration is more of a domestic political issue/concern. It is mostly based on popularity and vote bank. This is not a major bilateral concern for US and India. I guess that is why i am saying India's PM may not be able to influence much.
Anyway i don't want to beat this to death. Just an opinion.
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parablergh
09-02 04:13 PM
The officer is incorrect. The H-1B visa stamp only allows for reentry into the U.S. from abroad, it does not control your status. You can either go back and explain that the I-94 card attached to the approval notice isn't the most recent, and therefore isn't your current expiration or follow one of the other options presented above.
more...
help43
09-12 05:09 PM
Can any body tell me
How much is the fee for H1-B Amendment + Premium Processing?
EXTENSION OF OPT TIME THROUGH 10/1 FOR INDIVIDUALS WITH PENDING H1B APPLICATIONS
Under prior law, the CIS already had authorization to extend the status of F1/OPT holders until the October 1st H1b start date (although notably they have chosen not to exercise this power in the last few years!). The extension available upon exercise of this power by the CIS, however, only extended status but did not extend work authorization. The extension that is now available under the new regulation just published, extends not only status but also work authorization through 10/1. This extension is automatic and no separate application is required.
This regulation will work as anticipated by the CIS in subsequent years, however, there is a fatal flaw in the drafting as it pertains to this year’s H1b filings. As drafted, to be eligible for the automatic extension, the H1b application has to have been filed as an H1b change of status case. When filing an H1b petition, the form allows you to choose whether you want consular processing or a change of status with the USCIS. A change of status with the USCIS requires that you submit evidence that you have lawful status through the requested start date of 10/1/08. Most applicants who filed H1b applications under the 2009FY quota whose OPT grace period ends prior to 10/1/08, did not file their H1b applications with a change of status request because they were not eligible. Consequently, they are not eligible now for the new automatic extension. Currently, the only way to rectify this situation is through an amendment (and, the H1b cannot be amended until it is approved). Thus, the only people who will benefit from this extension are those whose OPT grace period already reached through 10/1 and now their work authorization has been extended to match, and those who filed their H1b applications incorrectly as a change of status application when they were not eligible. This issue has been raised with the USCIS by the American Immigration Lawyers Association and the USCIS is looking into the matter and has promised to address it. We will provide any updates on the situation as soon as it is available.
Related link:http://www.infinitilaw.com/h1bnews.html
Please explain me what is this about? I am totally Confused..... Is it something related to my case....
My OPT is going to expire on DEC 29TH 2008.
How much is the fee for H1-B Amendment + Premium Processing?
EXTENSION OF OPT TIME THROUGH 10/1 FOR INDIVIDUALS WITH PENDING H1B APPLICATIONS
Under prior law, the CIS already had authorization to extend the status of F1/OPT holders until the October 1st H1b start date (although notably they have chosen not to exercise this power in the last few years!). The extension available upon exercise of this power by the CIS, however, only extended status but did not extend work authorization. The extension that is now available under the new regulation just published, extends not only status but also work authorization through 10/1. This extension is automatic and no separate application is required.
This regulation will work as anticipated by the CIS in subsequent years, however, there is a fatal flaw in the drafting as it pertains to this year’s H1b filings. As drafted, to be eligible for the automatic extension, the H1b application has to have been filed as an H1b change of status case. When filing an H1b petition, the form allows you to choose whether you want consular processing or a change of status with the USCIS. A change of status with the USCIS requires that you submit evidence that you have lawful status through the requested start date of 10/1/08. Most applicants who filed H1b applications under the 2009FY quota whose OPT grace period ends prior to 10/1/08, did not file their H1b applications with a change of status request because they were not eligible. Consequently, they are not eligible now for the new automatic extension. Currently, the only way to rectify this situation is through an amendment (and, the H1b cannot be amended until it is approved). Thus, the only people who will benefit from this extension are those whose OPT grace period already reached through 10/1 and now their work authorization has been extended to match, and those who filed their H1b applications incorrectly as a change of status application when they were not eligible. This issue has been raised with the USCIS by the American Immigration Lawyers Association and the USCIS is looking into the matter and has promised to address it. We will provide any updates on the situation as soon as it is available.
Related link:http://www.infinitilaw.com/h1bnews.html
Please explain me what is this about? I am totally Confused..... Is it something related to my case....
My OPT is going to expire on DEC 29TH 2008.
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vxg
09-10 03:46 PM
I'm in the same boat. Got my CPO mail 2 hrs after filing an SR last week, but still waiting for my better half to get the approval. I had filed a separate SR for her and it returned with a standard "will get back in 60 days" response. Oh well, after waiting many years I can wait a few more days...
On a brighter side since your wife is derivative on your case even without GC she can work on EAD and can work any job no AC21 or what is written as job responsibilities in labor cert hassle. Though it is still some financial pain to renew EAD and AP. Good luck.
On a brighter side since your wife is derivative on your case even without GC she can work on EAD and can work any job no AC21 or what is written as job responsibilities in labor cert hassle. Though it is still some financial pain to renew EAD and AP. Good luck.
more...
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rcr_bulk
08-28 05:45 PM
For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....
At last , now you found right the thing to do.
At last , now you found right the thing to do.
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simple1
05-11 06:49 PM
desi3933,
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"
In this case they are eligible for FB2A. So it nullifies that.
again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.
This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449
This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.
Thanks.
INA 203(d) Treatment of family members
A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).
______________________
Not a legal advice
US citizen of Indian origin
more...
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crazyghoda
03-25 03:43 PM
"There are tons of skilled LEGAL immigrants from India/China waiting to buy houses with 20% down payment but wont because our immigration system have yet to process their green cards. Reform immigration & it will eventually improve the housing market."
Got it in with 1 character to spare :D
Please vote on this guys!!
Got it in with 1 character to spare :D
Please vote on this guys!!
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hebron
04-03 12:31 PM
Hi Bobby,
I'm sorry, I'm a little confused now. Maybe its just me.
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140?
2. Did you apply for 3 year H1-b extension even though your passport was not renewed?
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp?
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years?
Thanks
I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW
I'm sorry, I'm a little confused now. Maybe its just me.
Couple of questions, if you don't mind.
1. Did you go on your vaction after getting your 3 year extension based on your approved I-140?
2. Did you apply for 3 year H1-b extension even though your passport was not renewed?
3. Did you renew your passport before you travelled on your vacation? I am asking this just to know which passport had your visa stamp?
4. Did UCSIS approve your H!-b extension for 3 years and does the I-94 on your I-797 indicate that the new H1-b is valid for 3 years?
Thanks
I returned to the US last year after a vacation and while my current visa's expiration date is July 2007 the customs official would only stamp my I-94 & authorize entry until May 2007 when my passport expires. My lawyer has applied for our extension using copies of my passport which is expiring soon but she advised that USCIS would need a copy of the new passport with new expiry date before approving my extension. The lawyer says your passport has to have an expiry date after the date of expiration of your visa extension. I will get a new I-94 with my visa extension btw this extension is the 3 year extension as our I-140 is approved but we have not filed for adj. of status yet. PD 5/03 EB3 ROW
more...
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obelix
08-21 07:24 PM
I am in a similar boat [not sure about the reason though, no reasons were given]. My lawyer is going to re-file with premium processing citing an old receipt date of June 27th, 2007. Any updates from your side?
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
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insbaby
07-17 08:02 AM
Hello freinds :
I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.
This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.
Has anyone been throught the same or similar situation ?
This is my third employer and third GC attempt in the 11yrs I have been in this country.
Buddy, I am sorry for your situatiuon. It looks like you thought everything is employer's responsibility. They don't move even a small piece for you unless you follow up in time.
You said, your H1B expired recently (!!!!). You must have known that the H1B petition can be filed for extension 180 days before. Also, you must have read that how much time each procession center takes for this extension of H1B (min 6 months). In such case, did you ask the employer to extend the H1B in FEBRUARY? If they have applied, then they should have got an "Recepit Notice", which makes your stay VALID. If they have received something else, they should have let you know, because "IT CREATES BIG PROBLEM FOR THEM TO KEEP SOMEONE with H1B EXPIRED". So, it looks like, your petition went ok and your are now SAFE.
If you have given pressure to your employer the day before the H1B expires, (sorry to say this) it is your problem, not theirs. Their job is not looking at your expiration of H1B, it is your. This often happens in small companies, big companies usually have HRD, who takes care of this issues in time.
On I-140 approval: If I assume your company is fairly small, then you can not avoid interacting with the lawer while filing such things. (Usually there is not anyone doing this job, but you do, sending documents, confirmations to lawer). In such case, CALL THE LAWER for the status or your petition reference number to check online.
It is very uncommon a lawer is instructed by the company not to provide information, it makes the small companies life easy if you deal directly with the lawer.
So there are ways to solve the problem in time without bugging the Employer with no ears. Move fast and file your 485 before end of july !!!!! :cool:
I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.
This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.
Has anyone been throught the same or similar situation ?
This is my third employer and third GC attempt in the 11yrs I have been in this country.
Buddy, I am sorry for your situatiuon. It looks like you thought everything is employer's responsibility. They don't move even a small piece for you unless you follow up in time.
You said, your H1B expired recently (!!!!). You must have known that the H1B petition can be filed for extension 180 days before. Also, you must have read that how much time each procession center takes for this extension of H1B (min 6 months). In such case, did you ask the employer to extend the H1B in FEBRUARY? If they have applied, then they should have got an "Recepit Notice", which makes your stay VALID. If they have received something else, they should have let you know, because "IT CREATES BIG PROBLEM FOR THEM TO KEEP SOMEONE with H1B EXPIRED". So, it looks like, your petition went ok and your are now SAFE.
If you have given pressure to your employer the day before the H1B expires, (sorry to say this) it is your problem, not theirs. Their job is not looking at your expiration of H1B, it is your. This often happens in small companies, big companies usually have HRD, who takes care of this issues in time.
On I-140 approval: If I assume your company is fairly small, then you can not avoid interacting with the lawer while filing such things. (Usually there is not anyone doing this job, but you do, sending documents, confirmations to lawer). In such case, CALL THE LAWER for the status or your petition reference number to check online.
It is very uncommon a lawer is instructed by the company not to provide information, it makes the small companies life easy if you deal directly with the lawer.
So there are ways to solve the problem in time without bugging the Employer with no ears. Move fast and file your 485 before end of july !!!!! :cool:
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mallu
07-04 06:44 PM
Firstly, congrats!! BTW, when did you get the fingerprinting completed in your case? Want to get an idea as to how fast the whole process was done. Lets hope it is this way when our turn comes ;)
There is chance things get stuck in security check and rot there for years.
Many Indian applicants will attest to this.
There is chance things get stuck in security check and rot there for years.
Many Indian applicants will attest to this.
varumo_varatho
12-25 10:58 AM
Varumo_varatho,
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
Dear Mr. Rude Know it all aka austin gc,
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.
Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?
If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.
I would suggest you to change your screen name to Thriyumo_Thriyatho
Dear Mr. Rude Know it all aka austin gc,
I guess u meant theriyumo theriyatho(thriyumo thriyatho??). It suits you well.
I would appreciate if you keep your suggestions to yourself. keep your corrections/suggestions to the topic as i was not addressing you or anyone is personal. Guess the basic manners of "non personal attacks in public forums unless personally addressed" evades your pea brain. Do not address me anymore, post about the topic to keep it a healthy discussion. It is one thing if you corrected me / its another that you had to talk about my 2 cents and suggest me names. Do not bother attacking me personally , you will be ignored !.
On the topic, the thread opener can talk with his lawyer on what i posted.
Even if the current 140 is delayed/denied(God forbid) for any reason, he can always file for another fresh 140 on the same labor. The labor does not get cancelled as long as the first 140 was filed within 180 days of the approval of labor.
Robert, unless the 140 had a issue with some educational req in labor that you do not meet, you will be able to keep your same PD, even in the worst case scenario of filing for a fresh 140.
fromnaija
04-05 04:27 PM
I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.
As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.
Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.
Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.
As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.
