eb3_nepa
08-10 05:10 PM
May be he or she has a spouse whose birth country is non retrogressed .. :)
Even THEN it is not possible. Coz the June 2007 bulletin says that even ROW has to be atlest June 2005. His PD was Dec 2005 so there is NO way he could have applied.
Even THEN it is not possible. Coz the June 2007 bulletin says that even ROW has to be atlest June 2005. His PD was Dec 2005 so there is NO way he could have applied.
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jayram123
07-12 04:40 PM
We do not need new thread. Either close or change the title, please.
singhsa3
10-21 06:42 PM
All,
I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
Is it a right strategy? Please comment.
I submitted my first application on July 2nd. since I did not get receipt notice till Aug 16th so I filled the second (as back up) one on Aug 16th. Later I did get my receipt notices for July 2nd.
Though, I did put stop payment on the checks for the appliaction filled on Aug 16th but yesterday, I received their receipt notices.
Now, I have two A#s one for July 2nd applications and another one for Aug 16th appliaction.
I was planning to just sit on it and do not respond to finger printing notice or any communciation from USCIS for Aug 16th application and hence causing it to get rejected.
The reason I do not want to communicate with USCIS is that I don't want any confusion and hence anything happen to my July 2nd application.
Is it a right strategy? Please comment.
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p_kumar
07-16 10:08 AM
If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad: wait a minute! i dont have a house....
Thats right.i dont have a house, i dont have a life coz i wa waiting for this damn green card...
my PD Oct 2003, EB3
I-140 approved like years ago(Atleast seems to me.)
Thats right.i dont have a house, i dont have a life coz i wa waiting for this damn green card...
my PD Oct 2003, EB3
I-140 approved like years ago(Atleast seems to me.)
more...
meridiani.planum
06-15 02:07 PM
hi,
Can someone help me with the situation i'm in.
I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
first one was make an appeal with right documents. second one was to leave the country in 30
days which i has NOT choosen obviously.
In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
APPROVAL on my H1-B Transfer with new company.
I-94 that i have on my passport is with Old company(X) .
Question is:
I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
Do i really need stamping to go out of US to visit my native country?
Pls advise. Any answers would be appreciated
+ you need a new visa stamp to re-enter the country. New approval notice alone is not enough.
+ did you get an I-94 with the new companys H1 approval notice? When you applied that H1, what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal? Because that makes the intermediate H1 a 'bridge' petition, and opens up potentical complications.... read the following:
http://www.immigration-information.com/forums/showthread.php?t=5176
http://www.murthy.com/chatlogs/ch021808_P.html
Can someone help me with the situation i'm in.
I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
first one was make an appeal with right documents. second one was to leave the country in 30
days which i has NOT choosen obviously.
In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
APPROVAL on my H1-B Transfer with new company.
I-94 that i have on my passport is with Old company(X) .
Question is:
I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
Do i really need stamping to go out of US to visit my native country?
Pls advise. Any answers would be appreciated
+ you need a new visa stamp to re-enter the country. New approval notice alone is not enough.
+ did you get an I-94 with the new companys H1 approval notice? When you applied that H1, what did you specify as your old employer? company X or the company whose H1 was denied and is now under appeal? Because that makes the intermediate H1 a 'bridge' petition, and opens up potentical complications.... read the following:
http://www.immigration-information.com/forums/showthread.php?t=5176
http://www.murthy.com/chatlogs/ch021808_P.html
furiouspride
01-12 10:50 PM
This is a serious matter my friend. You should consult a good immigration attorney ASAP.
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sam_hoosier
12-11 12:39 PM
Does anybody know what is the current fee for H1B transfer (from one employer to another), and how long does it take.
$ 320 filing fees + $ 1500 employer fees = $ 1820
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
$ 320 filing fees + $ 1500 employer fees = $ 1820
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
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dpp
06-28 02:50 PM
I have an important question that I need to ask here. What is going to be Job title in employment verification letter. For example if I work in company as a Software consultant and H1B states that I am Programmer Analysts and my PERM labor has stated Software Programmer Engineer.
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
So out of these 3 which one will going to be in my employment letter. I am unable to get in touch with attorney thru company and our HR doesnt know what to write in Employement letter. Any advise from people who already got their employement letter from their employer.
Thanks
INeedAllGreen
You need to use "Programmer Analyst" for Employment verification letter, but Employment offer letter, you need to use "Software Programmer Engineer".
This is 100% correct.
Employment verification letter is for current occupation what you mentioned in LCA when applying for H1. If you say something else, then you are voilating what you mentioned. Then it is going to problem if a strict USCIS officer observes that.
But for Employment offer letter, since it is for future emploment, you need to have the title mentioned in PERM application.
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glus
06-07 08:08 AM
The only option you have is to get into the U.S. and start working for the employer who sponsored your H-1B. After you establish that you work for the employer, you may start looking for another company, who can then do a transfer with H-1B extension for you, or you can ask your original employer to file extension of H-1B for you. In either case, you did not loose any of the 6 year time. The time starts counting after you enter U.S and are in H-1B status.
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chanduv23
07-11 03:06 PM
I am seriouly looking out for a job as currently on bench from last one month and my employer doesn't pay the bench salary. Currently I am on EAD with my GC sponsering employer. I would appreciate if any of you pls. reply this post. My question is,
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
If I joined a new employer using EAD-AC21 (as 11 month passed of my I-485) which is very small employer (currently have about 35 employees only), would it cause a problem in my GC process approval? I mean, do you think USCIS may create any RFC as I have join the very small employer, may ask any financial document to declare? Can you pls. tell me what are the potential problems my come in this situation?
Pls. help, your reply will be highly appreciable?
As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..
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cram
06-14 07:43 PM
I have the same question. Help.... somebody. Thanks.
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VMH_GC
12-12 10:24 AM
I recently went to India and came back to US. At port of entry, the officer incorrectly put the date beyond my Visa expiry date in my copy of I-94 but in his copy he put the correct date. This confusion was largely due to the fact myself and mywife both are in h1b with two differenet expiry dates. Now my question is, will it be a problem? do i have to report this? Please let me know.
Thanks
VMH
Thanks
VMH
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little_willy
07-29 11:23 PM
I think they should change the title on their page to How may I harass you? :)
LOL ;-) Had a chuckle after a frustrating day. Thanks.
LOL ;-) Had a chuckle after a frustrating day. Thanks.
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meridiani.planum
06-17 09:24 PM
inline...
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
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pbojja
02-09 04:09 PM
Hi,
I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.
I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
I was in similar situation and I traveled to Canada and got my I94 extended . Usually they dont take your I94 when you travel for less than 30 days to Canada , however while returning I request new I94 with the officer and got new I94. I would say fly.
I have gone to India last Nov (2008) and got the H1B stamping upto Aug 2010. while entering the U.S due to the expiry of passport, I got the I-94 upto July 2009. Now I need extend my I-94.
I am planning to go out of country to get the I-94. Shall I go to Mexico to get the new I-94 ?. Note I have the stamping.
Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
Thanks.
I was in similar situation and I traveled to Canada and got my I94 extended . Usually they dont take your I94 when you travel for less than 30 days to Canada , however while returning I request new I94 with the officer and got new I94. I would say fly.
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hopelessGC
05-04 02:18 PM
AR11 is legal requirement. And that is the first step.
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
Ok, so basically I need to call customer service and have them update address for all pending cases?
But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.
Ok, so basically I need to call customer service and have them update address for all pending cases?
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kriskris
04-17 12:29 PM
As you understand there is no magic correct solution to this situation, but, whichever decision you make about which line your mother-in-law stands in, she should be well prepared to document her intention to return to her home abroad after her visit to the US. Documents she should be prepared to show could include: proof of home ownership or long term lease abroad, proof of bank accounts abroad, proof of car ownership abroad, fixed date return ticket, proof of family abroad--husband and/or other children/grandchildren, proof of some specific event she plans to attend abroad such as wedding or other invitations, etc.
Thanks for your reply. As I understand most people usually don't carry all the documents specified above while entering US. We carry those documents while going for the visa. Do you recommend carrying all those documents which establish ties to the home country while entering USA?
Thanks for your reply. As I understand most people usually don't carry all the documents specified above while entering US. We carry those documents while going for the visa. Do you recommend carrying all those documents which establish ties to the home country while entering USA?
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forgerator
10-23 11:08 AM
Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?
I went to Vancouver . It's the same thing as Ottawa. I've been to Ottawa twice as well. Got passport either next day or within two business days (Alhamdulilah)
I went to Vancouver . It's the same thing as Ottawa. I've been to Ottawa twice as well. Got passport either next day or within two business days (Alhamdulilah)
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Ennada
01-13 10:21 AM
Hello Immi Gurus,
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:
1) If I get laid off and my employer cancels the h1b, Am i out of status?
2) Can they cancel my approved i 140?
3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
Thanks so much for all your help, Thanks ...
I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.
In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.
Good Luck.
chanduv23
10-02 02:04 PM
^^^^^^^^^^
venky_handsy
09-10 10:31 PM
your employer while applying the h1b , they did not applied for change of status to h1b. they just applied for h1b only. so you did not got the i-94.
so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.
since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.
hope this helps
so until you out of the country and get it stamped h1b and re-enter you h1b will not be activated.
since you have your f1 valid until december...you can go for stamping before that date or you can also amend h1b for change of status thru your employer also.
hope this helps
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