letstalklc
08-16 03:34 PM
I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?
As per my knowledge, in order to work with the new employer, you have to have a receipt number.
As per my knowledge, in order to work with the new employer, you have to have a receipt number.
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gimme_GC2006
08-28 04:05 PM
That is your frustration talking. :D :D :D
Hope you are feeling *better* after venting out your frustration.
I think he is just talking to himself out of frustration..LOL :D:D
Hope you are feeling *better* after venting out your frustration.
I think he is just talking to himself out of frustration..LOL :D:D
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a_yaja
10-12 08:44 PM
Hi, what can be the cause of rejection ? Last time I checked filing for extension will be ok if the applicant travelled oustide US.
please advice ...
Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.
Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.
please advice ...
Technically, your H1 petition can be approved but not your H1 status as you have left the US (simply put this means that your H1 will be approved but will not contain an I-94). If you have not filed I485, this means that you need to have a valid H1 visa stamped in the passport to enter the US. If the I485 has been filed, then you can use AP to enter the US, but at this point it is not clear if the H1 is valid for work or not (I am talking about your case specifically - not in general as people who have a valid H1 have entered the US on AP and continued to work on H1). Better to ask an attorney for guidance.
Per USCIS, an extension of H1B with an extension of I-94 can only be approved if the person is in the US. Once the applicant is no longer in the US, change of status (COS) or extension of status (EOS) will not be granted by USCIS - although the underlying petition may be approveable. But then again we are talking about USCIS where sometimes (or most of the times depending on who you talk to) the right hand does not know what the left hand is doing - so you may actually get you H1 petition approved with an EOS.
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WeShallOvercome
10-30 01:39 PM
Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?
The threads are displayed on the web page in the descending order of the last update time. People just write SOMETHING in a thread to keep it on the top of the page and prevent it from going on to the 2nd page.
Most people use 'Bump" to bump the thread up :), but it can be anything
The threads are displayed on the web page in the descending order of the last update time. People just write SOMETHING in a thread to keep it on the top of the page and prevent it from going on to the 2nd page.
Most people use 'Bump" to bump the thread up :), but it can be anything
more...
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chi_shark
05-07 11:21 PM
Hi Friends,
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
i am thinking that this is a liar's post... i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...
Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.
What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.
Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.
Thanks,
hi_mkg
i am thinking that this is a liar's post... i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...
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greatguy
08-24 05:43 PM
#2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?
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nousername
04-29 08:33 PM
Summer travel season is around the corner, and unfortunately, because of the swine flu scare, each and every person entering India from USA (and some other countries) will have to go through a medical screening (http://timesofindia.indiatimes.com/India/American--European-visitors-to-be-screened-for-swine-flu/articleshow/4457075.cms) at the airports beginning yesterday. Some chaos is expected, particularly in busy terminals such as Delhi and Mumbai, given that "Airport authorities said they are still in the dark and are yet to gear up for these checks". So, it may be a good idea if those of you, who have just returned from India, share your experiences with this procedure; for example, the likelihood of facing stricter screening (or even a brief quarantine) if someone sneezes/coughs for any reason, or the "fitness certificate" forms that airlines are supposed to hand over to each passenger, etc.
I personally think this is nothing but a pay back time.. Remember when Bird Flu or SARS breakout happened, how US and other countries reacted and were screening people (travelers) from East.. In a way this "might" help in containing the virus but deep down this is just stupid ego.
You did to me so I will do the same to you..
I personally think this is nothing but a pay back time.. Remember when Bird Flu or SARS breakout happened, how US and other countries reacted and were screening people (travelers) from East.. In a way this "might" help in containing the virus but deep down this is just stupid ego.
You did to me so I will do the same to you..
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anilsal
12-05 12:09 PM
I see some of the posts about lawyers screwing up..well if I go ahead telling my story in detail, of how he messed up my H-1B filing, people would be amazed. His law office on my qualifications specified "Masters of Science in Science" based on which USCIS sent a simple RFE to specify more about my degree in the US, and to which he didnt even file the reply on time and my case was closed by USCIS. He personally informed me a reply has been filed, which never was due to the way they handle work in the office, I presume..It was anyways a mental harrassment as I not only took advice from 5 different lawyers and had to refile an H-1 and get out of the country to get an I-94.
I think the way some of these lawyers are working, we should ask for things as minute as FEDEX or UPS tracking receipts. Just my two cents.
do not name law firms in your posts-- admin.
That is why the online case tracker from USCIS is important. Get the receipt numbers and you can track as to what is happening - RFE, approval, denial etc and they can email when the case status changes.
I think the way some of these lawyers are working, we should ask for things as minute as FEDEX or UPS tracking receipts. Just my two cents.
do not name law firms in your posts-- admin.
That is why the online case tracker from USCIS is important. Get the receipt numbers and you can track as to what is happening - RFE, approval, denial etc and they can email when the case status changes.
more...
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pcs
06-21 02:52 PM
it is free & great
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hydboy77
07-14 01:59 PM
I dont mean to be greedy or selfish but from a purely technical analysis this is extremely bad news for EB2\Eb3 India and China folks. Eb4 and Eb5 account for 10% of the 140000 EB green cards every year. If EB4 and Eb5 were discontinued these visas would have spilled over into Eb1,2,3 category. With the Eb4 and Eb5 extension in the senate bill we are screwed royally. There is heavy misuse in the Eb4 category, so much so that it Eb4 and EB5 may retrogress for India!!!!, there will never be any spillover from this category.
What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.
To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.
What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.
To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.
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pitha
10-01 04:20 PM
Personally I dont think there would be much difference between Eb2 and Eb3 going forward (with Obama\Dick durbin presidency). With Obama CIR we might be forced to reapply in points based system in which case both eb2 and eb3 are screwed. I am not sure what sort of toxic potion is being brewed by Durbin for Eb community. Atleast with Mccain we might have 4 more years of same in which case there might be some hope for both eb2 and eb3.
I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.
EB3 India - well, can hibernate for the next 3-4 years.
I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.
EB3 India - well, can hibernate for the next 3-4 years.
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PD073102VA
03-26 09:43 PM
One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
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roseball
04-04 02:32 PM
Thank you very much for your response. Yes we have received a 3yr extension (approval notice). in that case, I am assuming that we would have to go to the US embassy overseas to get H1B and H4 stamped on the passport opon returning back to the usa?
Yes, you will have to go to the US embassy for Visa stamping and use it to re-enter US whenever you travel overseas the next time. Btw, I am assuming you got your H1 extension approval with a I-94 attached. If not, you will have to leave the US immediately and get a visa stamp and re-enter on H1 in order to maintain a valid H1 status and continue to work legally. If you got an I-94 attached with H1 extension approval, then you can continue to stay/work in US as long as your H1 extension is valid. You don't need a VISA stamp unless you travel overseas.
Yes, you will have to go to the US embassy for Visa stamping and use it to re-enter US whenever you travel overseas the next time. Btw, I am assuming you got your H1 extension approval with a I-94 attached. If not, you will have to leave the US immediately and get a visa stamp and re-enter on H1 in order to maintain a valid H1 status and continue to work legally. If you got an I-94 attached with H1 extension approval, then you can continue to stay/work in US as long as your H1 extension is valid. You don't need a VISA stamp unless you travel overseas.
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Dhundhun
05-31 12:51 AM
I e-filed my EAD renewal yesterday and got the reciept copy.
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
We have couple of threads covering it.
1. Copy of I485
2. Copy of both side of EAD (and for faster processing, upper part of mailer, in which EAD came)
3. Copy of Passport Photo page and last Visa Page (Serves as federal id)
4. Copy of DL (other id)
5. EAD filing receipt copy
In one or two business days, you may be able to see on line status and LUDs. Soon you should be receiving paper receipt followed by FP notice.
Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?
We have couple of threads covering it.
1. Copy of I485
2. Copy of both side of EAD (and for faster processing, upper part of mailer, in which EAD came)
3. Copy of Passport Photo page and last Visa Page (Serves as federal id)
4. Copy of DL (other id)
5. EAD filing receipt copy
In one or two business days, you may be able to see on line status and LUDs. Soon you should be receiving paper receipt followed by FP notice.
more...
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amitjoey
01-22 06:26 PM
I Salute you, IV Core
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amitjoey
01-26 01:38 PM
If only we take our concerns our problems to the elected reps of this country.
If we sincerely talk to them and tell them that we face this- and other issues, we can make some headway.
If we sincerely talk to them and tell them that we face this- and other issues, we can make some headway.
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questions
06-10 10:45 AM
Thanks Kothuri.
I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o
My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?
I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o
My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?
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sanjay
04-07 10:20 AM
Is this something common?. I did not get any emails after that. Following is the relevant part of the email....
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On April 3, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register."
What else do you want Bro. Give 30 days time to USCIS to send your card. we, most of us, would me more satisfied just to see the magical words - Current Status: Card production ordered in our case status.
Regarding holding card in physically, have to wait some time. Which should not be more taxing than waiting to see the magical words.
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gimme_GC2006
01-05 11:22 AM
any predictions for Feb 2009 :D:D
desiron
08-08 08:56 PM
I agree but this statement "previous editions of the I-485 form accepted" sounds like a generic one because today's FAQ clearly relates to "EB I-485" and the word "Should", not "may or can"... thats what puzzling me...
Thanks
Thanks
BharatPremi
11-27 05:27 PM
Well...so now they have added addln staff to handle the annual load (1 - 1.3 mil) EAD/AP requests....
Not yet. It is still planning to hire those 1500. So soon USCIS will come up with argument regarding "Administrative burden" to hire those 1500 and set up training centers and it will take almost 2 years. Again we will hear the reason for further slow down due to this un anticipated work load. After 2 years USCIS will realize the "heavy financial burden" which will also be un anticipated and hence USCIS will come up with fee increase... Cycle will go on and on...
Not yet. It is still planning to hire those 1500. So soon USCIS will come up with argument regarding "Administrative burden" to hire those 1500 and set up training centers and it will take almost 2 years. Again we will hear the reason for further slow down due to this un anticipated work load. After 2 years USCIS will realize the "heavy financial burden" which will also be un anticipated and hence USCIS will come up with fee increase... Cycle will go on and on...
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