Waitng4GC
07-04 10:14 AM
I was in similar situation during 2006. I applied for H1 1 year extension based on PERM approval. My LC was just 1 month old . Then premium processed my I-140, once I had my I-140, I then premium processed my H1 extension based on approved I-140. Finally got 3 year extension.
Hope this helps.
Hope this helps.
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baburob2
08-21 09:21 PM
I-94 determines your status in US and visa stamp is a merely used to enter into US .hence make sure your I-94 is stamped till the expiry date of new I-797 otherwise you would get into issues.
sreeraghu
10-06 03:34 PM
USCIS is increasing fees of various applications from 23, November 10
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5be73dc5cb93b210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
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suny_saini
08-04 06:40 AM
my name was not interview with my family.
my family gave interview and embassy asked for original I140 and I824 approval notices to check my eligibility.
i submitted and now after 2 weaks got the follwing reply:
In your case , the I-140 was filed on sept 10, 2001 and approved on october 08, 2003. The visa became available on october 08, 2003 . Form I-824 was not filed within one year of visa became available. <my name> was born on January 03, 1986. because he (me) is above 21 years old an immigrant visa as a derivative beneficiary of Employment third prefrence (e3) immigrant visa category cannot be inssued to <my name>. In order to qualify for a visa, he (me) would need to benifit from CSPA. Since form I-824 was not filed within one year of visa becoming available on October 08, 2003.
<my name> cannot be processed under CSPA.
but i think and i am not sure if i am right or wrong that I824 can be filed after issuance of green card, but at that time my dad ddnt got green card.
SO plz help me with right advice and solution so that i can travel with my family.
my mom and bro got te visa and it will expire in 6 monts and i want to go with them, can i be able to get visa in any case before their visa expire?
i badly need help.
my family gave interview and embassy asked for original I140 and I824 approval notices to check my eligibility.
i submitted and now after 2 weaks got the follwing reply:
In your case , the I-140 was filed on sept 10, 2001 and approved on october 08, 2003. The visa became available on october 08, 2003 . Form I-824 was not filed within one year of visa became available. <my name> was born on January 03, 1986. because he (me) is above 21 years old an immigrant visa as a derivative beneficiary of Employment third prefrence (e3) immigrant visa category cannot be inssued to <my name>. In order to qualify for a visa, he (me) would need to benifit from CSPA. Since form I-824 was not filed within one year of visa becoming available on October 08, 2003.
<my name> cannot be processed under CSPA.
but i think and i am not sure if i am right or wrong that I824 can be filed after issuance of green card, but at that time my dad ddnt got green card.
SO plz help me with right advice and solution so that i can travel with my family.
my mom and bro got te visa and it will expire in 6 monts and i want to go with them, can i be able to get visa in any case before their visa expire?
i badly need help.
more...
gc_pd_nov_2005
07-17 09:31 AM
Greetings everyone.
I ran into these forums few days ago and realized what I have been missing for the past few years :-). Anyway, my GC priority date is Nov 2005 under EB2 (India). I am very GC-illiterate in the sense that after actively tracking and monitoring it for a year or so after filing for labor, I kind of gave up on the fact that I was going to get GC anytime soon and moved on. Except for replying to lawyer's emails whenever I get them, I didn't really monitor anything else. Anyway, here is some additional information -
1) I applied along with everyone else in July 2007 for I-485 and got my EAD.
2) I went for VISA stamping in Hyderabad in Nov 2009 and got 221(g) (I had all the documents but you know how 221(g)s were given out at Hyd like M&Ms at that time) and upon lawyer's recommendation entered the country through AP.
3) A part of my company was recently acquired by a different very large MNC and I chose to remain in the other half which wasn't acquired and we chose to do business as (DBA) as a different company. Lawyer said she took care of it on the GC app - I am guessing she filed for AC-21.
4) I currently applied for a EAD (current one expires in couple of months) and AP.
Long story short, my app status currently shows, "post-decision activity" -->Does it mean they already took the decision? Is there a chance something could go wrong in the next few weeks? I called the lawyer's office yesterday and they said I should hear from them in the first week of August and if the app status doesn't change, they will open a SR on my behalf around Aug 10th...
Any help is greatly appreciated.
Thanks a bunch!
I ran into these forums few days ago and realized what I have been missing for the past few years :-). Anyway, my GC priority date is Nov 2005 under EB2 (India). I am very GC-illiterate in the sense that after actively tracking and monitoring it for a year or so after filing for labor, I kind of gave up on the fact that I was going to get GC anytime soon and moved on. Except for replying to lawyer's emails whenever I get them, I didn't really monitor anything else. Anyway, here is some additional information -
1) I applied along with everyone else in July 2007 for I-485 and got my EAD.
2) I went for VISA stamping in Hyderabad in Nov 2009 and got 221(g) (I had all the documents but you know how 221(g)s were given out at Hyd like M&Ms at that time) and upon lawyer's recommendation entered the country through AP.
3) A part of my company was recently acquired by a different very large MNC and I chose to remain in the other half which wasn't acquired and we chose to do business as (DBA) as a different company. Lawyer said she took care of it on the GC app - I am guessing she filed for AC-21.
4) I currently applied for a EAD (current one expires in couple of months) and AP.
Long story short, my app status currently shows, "post-decision activity" -->Does it mean they already took the decision? Is there a chance something could go wrong in the next few weeks? I called the lawyer's office yesterday and they said I should hear from them in the first week of August and if the app status doesn't change, they will open a SR on my behalf around Aug 10th...
Any help is greatly appreciated.
Thanks a bunch!
ashkam
08-09 02:46 PM
My lawyer checked my application type as
"h", and stating "Spouse has an approved I-140"
Since I am filing as dependent. Should it be "b" " my spouse or parent applied for adjustment..."
Does it hurt to choose "h"? Thanks!!
If you are a dependent, you should probably choose (b). I chose (b) for my dependent wife, which is what my attorney recommended. Don't know about (h), but why complicate matters?
"h", and stating "Spouse has an approved I-140"
Since I am filing as dependent. Should it be "b" " my spouse or parent applied for adjustment..."
Does it hurt to choose "h"? Thanks!!
If you are a dependent, you should probably choose (b). I chose (b) for my dependent wife, which is what my attorney recommended. Don't know about (h), but why complicate matters?
more...
sgorla
02-23 01:49 PM
Yes, unfortunately that is true. You can not use the experience that you gained with the current sponsoring emplloyer for your permanent residency application.
Hi, guys,
I'm having a little trouble with counting the years of experience for my EB2 petition. My attorney said I can only count the number of years I worked before joining the current sponsoring company!! The situation is, I jointed this company in Jan 2004. But my petition (Labor) appliction only started at the end of 2006. My attorney says that the three years of working experience (04, 05 & 06) can not be counted!
Is he correct on this?
thanks.
Hi, guys,
I'm having a little trouble with counting the years of experience for my EB2 petition. My attorney said I can only count the number of years I worked before joining the current sponsoring company!! The situation is, I jointed this company in Jan 2004. But my petition (Labor) appliction only started at the end of 2006. My attorney says that the three years of working experience (04, 05 & 06) can not be counted!
Is he correct on this?
thanks.
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gc03
06-20 02:57 PM
No, you do not need to file I485 for child, who is a us citizen. No medicals exam required, since they get everything here after birth.
But you have to mention child details on your I485.
I recently filed mine.
Hope this helps.
But you have to mention child details on your I485.
I recently filed mine.
Hope this helps.
more...
kanakabyraju
05-13 12:31 PM
My PD is 08/04/06, and my AP is expiring on June 2nd, I probably will have to travel sometimes June end. I am in a fix if I should go ahead and apply for Ap now. My PD will be current begining June 1st. I heard it may take 1 week to 60 days to get GC after your date becomes current, Do you guys think it's good idea to just apply for AP just in case?
Thanks
You may apply for AP at any time right? If you apply now, it is very unlikely that you will receive before your June end travel. And if you don't get your GC in june what will you do ? see, it is very easy to ask confusing questions. :)
Thanks
You may apply for AP at any time right? If you apply now, it is very unlikely that you will receive before your June end travel. And if you don't get your GC in june what will you do ? see, it is very easy to ask confusing questions. :)
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uma001
07-29 02:22 PM
Hi..
I came to US on H4. My H1B got approved when i was in India. But I came through H4 only.
Now i want to change H4 to H1B. If i want to apply for change of status..do i need to go back to india(ot other countries) for stamping? Or can i get H1B staying here?
Please help..
Currently you are on H4. If you apply for H4 to H1 transfer, you can get H1 and start working from October this year. If you cannot find project immediately, you wait up to 3 months or 6 month (maximum), otherwise change status back to H4 or you will be in trouble. Since economy is not good, it is tough to get projects nowadays, already current H1 holders are looking for projects and some have gone back. if you have already worked in India, then you may get project easily, If you did not work, then it is tough to get a project. When you are on H4, you can have peaceful life while your psouse is working, you can have get togethers whenever you want, you can cook special dishes for your spouse and wait at the door in the evenings.Real problem arises when you become pregnant (assuming you are woman), you need to take a long break if you are working,, especially if you are away from your spouse....so point is have fun with spouse, have get togethers with other couples, go shopping at BedBathandBeyond/walmart/target/jcpenny in discount seasons, have honeymoon trips again n again...Go to India whenever you want.These things are so memorable than struggling to get projects and maintaining status. When you cant maintain status you cannot go to India whenever you want....
Just want to let you know the real picture...when H4 wants a H1.
I came to US on H4. My H1B got approved when i was in India. But I came through H4 only.
Now i want to change H4 to H1B. If i want to apply for change of status..do i need to go back to india(ot other countries) for stamping? Or can i get H1B staying here?
Please help..
Currently you are on H4. If you apply for H4 to H1 transfer, you can get H1 and start working from October this year. If you cannot find project immediately, you wait up to 3 months or 6 month (maximum), otherwise change status back to H4 or you will be in trouble. Since economy is not good, it is tough to get projects nowadays, already current H1 holders are looking for projects and some have gone back. if you have already worked in India, then you may get project easily, If you did not work, then it is tough to get a project. When you are on H4, you can have peaceful life while your psouse is working, you can have get togethers whenever you want, you can cook special dishes for your spouse and wait at the door in the evenings.Real problem arises when you become pregnant (assuming you are woman), you need to take a long break if you are working,, especially if you are away from your spouse....so point is have fun with spouse, have get togethers with other couples, go shopping at BedBathandBeyond/walmart/target/jcpenny in discount seasons, have honeymoon trips again n again...Go to India whenever you want.These things are so memorable than struggling to get projects and maintaining status. When you cant maintain status you cannot go to India whenever you want....
Just want to let you know the real picture...when H4 wants a H1.
more...
naveenarjun
07-17 10:34 AM
does the employment letter have to be exactly in the same format as described in 'filing your 485 on your own thread' or can it be a simple letter stating the job title, salary, responsibilities etc?........is it ok to file 485 on my own eventhough the rest of the process was handled by attorney?.......for any immigration matters my company just forwards me to their lawyer.......and there is chance the lawyer might get pissed off if I file 485 on my own.......any ideas?
It can be in any format as long as it lists your title and duties exactly as it is stated in your labor certification.
It can be in any format as long as it lists your title and duties exactly as it is stated in your labor certification.
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ashutrip
09-05 11:12 PM
my gc is filed under eb3 India PD march 2007
is it true i cant be promoted till GC comes through &
is it true my salary cant be raised beyond a certain point
is it true i cant be promoted till GC comes through &
is it true my salary cant be raised beyond a certain point
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DDD
08-17 12:39 PM
enough talking.....Voets get back to work......lol.
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pointlesswait
01-15 10:36 AM
gurus..inputs plz!
did my first MS, got First OPT ...worked on OPT..didnt find a job..
went back did my second MS..got another OPT...and moved into non-quota H1 (research field at a hospital)
now plan to go back and get an MBA..
1.) will i get an OPT after my (fulltime) MBA??? (as i already have 2 OPT's)...is there a limit of OPTS?
2.) Since i was a non-quota H1..will i have to apply for the quota H1 when and come out of MBA...which is basically a lottery system now!!! (and if i dont hit the jackpot that will put me out of status immediately after )
any inputs are appretiated!!
thanks
did my first MS, got First OPT ...worked on OPT..didnt find a job..
went back did my second MS..got another OPT...and moved into non-quota H1 (research field at a hospital)
now plan to go back and get an MBA..
1.) will i get an OPT after my (fulltime) MBA??? (as i already have 2 OPT's)...is there a limit of OPTS?
2.) Since i was a non-quota H1..will i have to apply for the quota H1 when and come out of MBA...which is basically a lottery system now!!! (and if i dont hit the jackpot that will put me out of status immediately after )
any inputs are appretiated!!
thanks
more...
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Blog Feeds
11-01 09:10 AM
According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.
The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.
More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)
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samcam
09-16 12:03 PM
^^^^
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r1977maharjan
10-08 08:06 AM
In our 485 notices, Under the section, it is stated as Unknown. priority date is blank. Please let me know if anyone is facing similar situation and what needs to be done to correct it?
Please give some input
Thanks
Please give some input
Thanks
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yvsunil
12-28 10:15 AM
Hi,
My wife has FP appointment scheduled for 12/29/07, She is in india now. I have returned from india today only(12/28) and saw the FP appointment. Can i reschedule FP one day before the appointment date? If i send the reschedule request today will USCIS accept it? since there is only one day left. Please advice me.
Thanks,
Sunil.
My wife has FP appointment scheduled for 12/29/07, She is in india now. I have returned from india today only(12/28) and saw the FP appointment. Can i reschedule FP one day before the appointment date? If i send the reschedule request today will USCIS accept it? since there is only one day left. Please advice me.
Thanks,
Sunil.
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HPBPoPoIII
02-26 03:00 PM
ehe nevermind : ) i dident realize you need to be in the camera view if you want it to follow it in the render
prakumar
07-18 11:37 AM
I am in a complicated situation...
Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.
So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?
Approved labor (PD 2003 EB2) from company A (not employed with them). Filed 140 and 485 (self as primary and wife as dependent). Ability to pay RFE on 140 and then denial on 140 and 485. Currently, appealed the decision because needed to get H1 extension and case has reopened. My wife (with company B) had her 140 approved (EB3 with PD 2006) and so after the July bulletin filed for 485 (her as primary and me as dependent) because my case seeemed a little dicy.
So we both have multiple 485's filed (although the first one since the decision is not final on 140 technically they might not have started considering the 485). Read multiple places that legally you can have only one 485 approved but could have multiple 485 pending and withdraw the other once anyone has been approved. Is this true? or you CANNOT even have two 485 pending?What is the best thing for me do do right now?
iol_joh
07-30 06:25 PM
I am on my 9th year extension of my H1B. I have to leave to my home country at a short notice. I have H1B stamped on my passport. However it expires at the end of September. I may not be back until the first week of September.
I have already filed for my H1B extension and I am waiting for my Receipt notice.
Will there be any issue coming back into US when my visa stamped on my passport is valid for less than a month. I don't think my extension will be processed by then.
Anyone on this forum who has had similar experience in the past?
Thanks for your response in advance.
I have already filed for my H1B extension and I am waiting for my Receipt notice.
Will there be any issue coming back into US when my visa stamped on my passport is valid for less than a month. I don't think my extension will be processed by then.
Anyone on this forum who has had similar experience in the past?
Thanks for your response in advance.
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