texcan
12-19 04:32 PM
My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?
Thanks,
LG.
Come on...you entered using h4, this is the last status INS has for you.
People with mulitple visas have to choose a status when they enter back in USA.
where have you been sleeping.
its ok, no biggie....
One solution i will do in this case is, if you have a h1 visa stampled...then go out of country and come back on h1 status. Make sure you claim the days you were on h4 to be not counted against h1 days.
If you donot have a h1 visa already, then talk to lawyer get all paper work and go to canada/mexico get a visa and come back on right status.
Thanks,
LG.
Come on...you entered using h4, this is the last status INS has for you.
People with mulitple visas have to choose a status when they enter back in USA.
where have you been sleeping.
its ok, no biggie....
One solution i will do in this case is, if you have a h1 visa stampled...then go out of country and come back on h1 status. Make sure you claim the days you were on h4 to be not counted against h1 days.
If you donot have a h1 visa already, then talk to lawyer get all paper work and go to canada/mexico get a visa and come back on right status.
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pbojja
11-06 10:03 AM
Hi
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I got couple of weird updates in November one on my EAD and other on 140 which was apporved in 2006 .
I received my EAD in October but in November they updated my EAD again to approved on Nov XX 2008 , If this is true I should receive one more EAD but I did not.
Again today the status of my approved 2006 I140 changed to approved on Nov 5 th 2008 , I dont know if this is real . I will know in few days if I recieve other approval.
For me I m not worried because both of them are approvals again .. Your case is different but as long as you have your approved 140 you should be ok . But if you do not receive any update in few weeks I would suggest you take info pass appointment and check with them , dont take it easy.
Immigration gurus - any suggestions/comments? Is this normal?
Thanks!
I got couple of weird updates in November one on my EAD and other on 140 which was apporved in 2006 .
I received my EAD in October but in November they updated my EAD again to approved on Nov XX 2008 , If this is true I should receive one more EAD but I did not.
Again today the status of my approved 2006 I140 changed to approved on Nov 5 th 2008 , I dont know if this is real . I will know in few days if I recieve other approval.
For me I m not worried because both of them are approvals again .. Your case is different but as long as you have your approved 140 you should be ok . But if you do not receive any update in few weeks I would suggest you take info pass appointment and check with them , dont take it easy.
GreenMe
12-06 03:42 PM
I think the salary is 38 Lakhs and not 70 lakhs
Facebook offers Rs 38 lakh salary package to IIT students - LearnHub News (http://learnhub.com/news/1654-facebook-offers-rs-38-lakh-salary-package-to-iit-students)
Facebook offers Rs 38 lakh salary package to IIT students - LearnHub News (http://learnhub.com/news/1654-facebook-offers-rs-38-lakh-salary-package-to-iit-students)
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GreenCardLegion
03-01 05:21 PM
Give us all more detailed info on your GC process. You say 485 stage and PD Mar 2003 from India but is your labor approved? Is your 485 filed and pending? is your 140 approved? Anyways
For H1 if you have had 20k for one year then that might be an issue. The issue here is the prevailing wage criteria must be met for any particular year for your geographical area. There are 2 things:
1) If you employer resides in a different state than your working state then you would have had to have a valid LCA for the geographical location where you actually work.
2) For your geographical location DOL will have a set prevailing wage for your occupation listed on your LCA and that wage (ex: 43000$/year) must be met atleast. Even if employer had said he will pay your 60K in H1B or LCA and even if he pays atleast the prevailing wage for that area for any year then there should not be any problems. If that is not met then there will be problems or might be problems. Please consult an expert attorney to handle this.
Good Luck.
For H1 if you have had 20k for one year then that might be an issue. The issue here is the prevailing wage criteria must be met for any particular year for your geographical area. There are 2 things:
1) If you employer resides in a different state than your working state then you would have had to have a valid LCA for the geographical location where you actually work.
2) For your geographical location DOL will have a set prevailing wage for your occupation listed on your LCA and that wage (ex: 43000$/year) must be met atleast. Even if employer had said he will pay your 60K in H1B or LCA and even if he pays atleast the prevailing wage for that area for any year then there should not be any problems. If that is not met then there will be problems or might be problems. Please consult an expert attorney to handle this.
Good Luck.
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prince_waiting
12-12 02:28 PM
I am in.....No complaints about that......
GCBy3000
07-11 09:10 PM
Is it allowed to publish it without my permission? I dont mind putting it anywhere, but just curious to know.
That was a very good inquisition in your letter GCBy3000. Thanks for your effort to send it to David Obey (is he a journalist btw).
It appears that he has circulated this and it has somehow gotten into the political circle.
it is very good for us to increase visibility on this issue more on Capitol HIll.
That was a very good inquisition in your letter GCBy3000. Thanks for your effort to send it to David Obey (is he a journalist btw).
It appears that he has circulated this and it has somehow gotten into the political circle.
it is very good for us to increase visibility on this issue more on Capitol HIll.
more...
ddeka
09-17 10:54 AM
What happens once someone has entered on AP and 1 year passes..is it an overstay after a year????
No - there is nothing to do your status with AP.
No - there is nothing to do your status with AP.
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ramaonline
09-27 09:46 PM
approved i140 only allows h1 extensions for self and h4 extn for spouse. spouse must independently qualify for h1 extension beyond 6 years -pl confirm with an immig attny
more...
Tshelar
06-15 06:05 PM
There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.
Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.
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marlo
07-18 12:03 AM
interesting to note the arrests did not matter.
more...
Ramba
05-01 11:42 AM
Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
I will be sending mainly to DOS , DHS and USCIS
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
I will be sending mainly to DOS , DHS and USCIS
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
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sujan_vatrapu
10-11 02:31 PM
until the economy improves, i am not too optimistic that something will happen in lame duck session if repubs win any of WVA, Illinois or Delaware senate seats, the terms of these senators expire immediately after election and repubs have more than fair shot at WVA and Illinois, i just want to pitch the little i know before making assumptions, please don't start posting -ve comments and post something that might help others on this topic,
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spdy_mn
08-02 01:49 PM
Yes, you are correct. They just need copies at the time of application, they can ask for originals if needed later if there is an interview. But yes, still I got my orginials in courier.
Alrighty, submit the copies and have the originals in hand. That works, thanks
Alrighty, submit the copies and have the originals in hand. That works, thanks
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txh1b
08-27 10:35 PM
Unless there was clear USCIS error, No refunds. Details below.
DHS | USCIS Refunds: How is the Process Working for You?: Questions from CIS Ombudsman's Teleconference on January 31, 2008 (http://www.dhs.gov/xabout/structure/gc_1226610826777.shtm)
6. EAD Application, Green Card – A caller filed for a replacement work authorization card. The next month the caller received a green card approval letter. The work authorization application was never adjudicated, but USCIS did not return the fee. How can this applicant get a refund?
•USCIS Response on April 30, 2008: The applicant will not be entitled to a refund. When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary's eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application.
The implementation of the new fee schedule, effective July 30, 2007, prevents situations like this from happening. If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, then no fee is required to file a request for employment authorization on Form I-765.
DHS | USCIS Refunds: How is the Process Working for You?: Questions from CIS Ombudsman's Teleconference on January 31, 2008 (http://www.dhs.gov/xabout/structure/gc_1226610826777.shtm)
6. EAD Application, Green Card – A caller filed for a replacement work authorization card. The next month the caller received a green card approval letter. The work authorization application was never adjudicated, but USCIS did not return the fee. How can this applicant get a refund?
•USCIS Response on April 30, 2008: The applicant will not be entitled to a refund. When an applicant or petitioner pays a filing fee on an application, he or she is seeking a decision from USCIS regarding the applicant or beneficiary's eligibility for the benefit(s) being sought. In general, USCIS does not refund a fee or application regardless of the decision on the application.
The implementation of the new fee schedule, effective July 30, 2007, prevents situations like this from happening. If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, on or after July 30, 2007, then no fee is required to file a request for employment authorization on Form I-765.
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prinive
03-27 07:48 PM
Any one ... :o
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TexDBoy
09-10 09:32 PM
I think it is better to file a H1B amendment if there is any issue in the application ... You could get I797A
and ... It is always least riskier to go to the consulate mentioned in the H1B application ...
and ... It is always least riskier to go to the consulate mentioned in the H1B application ...
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syzygy
07-11 05:58 PM
I will distribute flyers in Indian stores in Hayward/Foster city area. Will definately be there on Saturday with at least one friend (I am new in area)
Lets rock the bay !
Please help people, this is our next action item after the flower campaign.
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
Lets rock the bay !
Please help people, this is our next action item after the flower campaign.
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
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Hong12
12-16 01:51 AM
Thanks so much for a quick response. My cover letter, I-129, I-797 and LCA are correct. However, the petition letter from my employer to USCIS has all the wrong background. In this case, does it mean that my lawyer can just send me the new petition letter with the correct information? I can then bring the new petition letter to the consular? I also found the following info:
USCIS send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC). KCC then scans and enters all pertinent information including Form I-129, employer support letter (Petition Letter), and beneficiary's identification documents into PIMS. The U.S. consular will then confirm a petition in PIMS before the issuance of the visa.
Also, I just talked to my lawyer again, and he told me that I�m overreacting about the whole issue! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything.
In this case, would it be ok? I thought that the consular can pull the copy of the petition letter from PIMS. Would it be alright if the petition letter they have on PIMS is different from the new petition letter that I will bring to the Consular? Please advise. Thank you very much.
USCIS send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC). KCC then scans and enters all pertinent information including Form I-129, employer support letter (Petition Letter), and beneficiary's identification documents into PIMS. The U.S. consular will then confirm a petition in PIMS before the issuance of the visa.
Also, I just talked to my lawyer again, and he told me that I�m overreacting about the whole issue! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything.
In this case, would it be ok? I thought that the consular can pull the copy of the petition letter from PIMS. Would it be alright if the petition letter they have on PIMS is different from the new petition letter that I will bring to the Consular? Please advise. Thank you very much.
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prdgl
07-07 10:16 PM
I am not sure I understand what you are saying. But before you get flamed (and correctly so) by everyone, I just have one advice for you: "What goes around comes around".
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
are you talking about filing LC for ad sent out already that I said ? or ...
Never, never ever do anything in life that will come back to haunt you. Dishonesty can only go so far...
Good luck.
Thanks,
Jayant
are you talking about filing LC for ad sent out already that I said ? or ...
matreen
01-01 09:48 PM
Filed on July 12, 2007 but got a wrong receipt date on receipt notice which is Aug 17, 2007. My attorney followed and CIS needs proof and we sent FedEx acknowledgement, still waiting no response.
Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......
No idea what's going on....here...
Thanks,
M
Got AP approved, EAD approved and received cards but no finger prints yet. Called CIS number of times "the only asnwer is wait" but when I called last (Dec 18, 2007) time support rep opened a SR said this SR will start after Jan 18, 2008......
No idea what's going on....here...
Thanks,
M
sc3
08-14 03:57 PM
What troubles me is the "agreed on paper" part. Clearly, your employer has violated H1 terms by not paying you. DOL is bound to take action against your employer for it. However, H1s are not supposed to work in the kind of agreement you seem to have setup. Given that fact, DOL inquiry will probably affect you too. Talk to a lawyer about your options before going to file a complaint against your employer.
