CADude
07-02 03:07 PM
YOU HAVE LOT OF MONEY BOSS.. :confused:
I paid for a 2007 labor for 15k. Now I am screwed.
I paid for a 2007 labor for 15k. Now I am screwed.
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srgadi
06-23 01:43 AM
ndbhatt,
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
wandmaker
08-10 07:43 AM
I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.
Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.
Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.
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uma001
10-23 04:44 PM
Thanks a ton Elaine! Your help is very much appreciated.
You can try filing for COS from H1-H4 through a lawyer while she is in US. Most of the times H4 will be approved.My wife got it.
You can try filing for COS from H1-H4 through a lawyer while she is in US. Most of the times H4 will be approved.My wife got it.
more...
ramaonline
06-12 07:46 PM
Can I change the employer after I get my 3 year extension on H1 ?
The 3 year extension of h1 also allows portability - so emp change is ok.
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes - once u have an approved 140 ur pd can be ported to any new gc applications
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead
The 3 year extension of h1 also allows portability - so emp change is ok.
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes - once u have an approved 140 ur pd can be ported to any new gc applications
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead
chanduv23
10-30 04:35 PM
yeah the meeting was really good..I got to meet many people but had to leave a bit early. For a first meeting (for me) I got an overview of IV etc and put faces to the handles I see in here. For future meetings I think we should
1) establish action items
2) find volunteers to carry out specific action items
3) set drop-dead dates for each item
4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
5) list out our progress/obstacles/lessons learnt
Thanks for the excellent feedback. Do please write to the yahoogroups your overall experience during the NJ meet.
We are currently restructuring the yahoogroups, we removed all bouncing and anonymous ids and making it extra secure. The idea is to make yahoogroups exclusively for local chapter activities and mobilization within the chapter.
Tri State still needs mobilization in Long Island and Upstate NY and I am trying to jump start these sub units, I want help from people living in those places.
1) establish action items
2) find volunteers to carry out specific action items
3) set drop-dead dates for each item
4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
5) list out our progress/obstacles/lessons learnt
Thanks for the excellent feedback. Do please write to the yahoogroups your overall experience during the NJ meet.
We are currently restructuring the yahoogroups, we removed all bouncing and anonymous ids and making it extra secure. The idea is to make yahoogroups exclusively for local chapter activities and mobilization within the chapter.
Tri State still needs mobilization in Long Island and Upstate NY and I am trying to jump start these sub units, I want help from people living in those places.
more...
hebron
10-07 10:55 AM
LUV IT !!!!! It is high time people came to know more about this self-righteous drumbeater. Another guy who acts like Dobbs is that chesty AZ sheriff. I also wish, people like Tancredo, Grassley, Durbin change their narrow mind towards legal immigration.
2010 Miss You Dad. Dad I Love You,
agc2005
11-14 01:07 PM
Thanks for your prompt response.
- still I feel that only because I received just now after 8 years this A#, seems to me that only at this time I'm registered as an immigrant?
That is what alien number means in English ? Sorry.
Vali:
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
- still I feel that only because I received just now after 8 years this A#, seems to me that only at this time I'm registered as an immigrant?
That is what alien number means in English ? Sorry.
Vali:
USCIS assigns Unique A# for each individual, who files I485 , some people recieves A# even in I140 too.
When your adjustment of status application(I485) approves then you will be registered as Permanent Resident.
more...
raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
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techysingh
01-15 10:17 AM
You do need your AP and you would atleast copy (original is better) for your I140 approval and I485 receipt, I would have used DHL/FEDEX overnight or fastest service to make sure it is not lost. It is more money but best chance of not getting lost in transit.
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
Here is my story. I am writing it for the benefit of all IV people in similar situation.
I had the same case in 2008, I got pink slip for my H1B stamping on Feb 1. on Feb 15 I got a call that my case is clear and I can get it stamped. I gave my passport on 17th and checked for status on 20th and I was told that my case went into another admin processing and no time duration is known.
Due to circumstances I had to travel on my AP on Feb 21 to US (I became an advance parolee). But my H1B approval was still valid and I could use my H1B to work in US. I even used the H1B approval+I94(AP based) for H1B amendment and my new I94 was changed to H1B instead of advance parolee.
I got a call in may 2007 from consulate that my case is now clear and I can come for stamping. I requested them via email+phone to keep my case active until i come back to india in Nov 2008
Now this scenario had a few gochas in it
If I travel to India after the clearance call from delhi consulate before my I94 was modified. i.e. my I94 still has parolee status. If H1B is samped on the older I797 the good other wise next time i enter US on AP my H1B is gone since AP only lets you resume your status that you had before you left US and entered into US using AP.
In my case luckily my status had changed to H1B due to H1B amendment so I could enter into US again on AP and still be able to maintain H1B status.
This my story and based on research my wife did after i was stuck in India. And I did consult my company lawyer to check for the exact list of documents I need to carry with me in case I need them while entering into US.
Be ready for longer than ususal time at the entry port since AP processing takes lot more time than a visa stamp(mine took 3 hours at LAX)
All the best
more...
nj.gc
06-24 10:04 AM
Even I have got same message yester day. But now it shows the package was delivered when i checked today morning.
I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.
I-765
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
I-131
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Thanks
I have one more question here. The I-765 and I-131 are two different post box numbers. we can send both applications to the same P.O.BOX or different. If we send two different P.O.BOX then both will reach to same P.O. BOX or different P.O.BOXs.
I-765
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
I-131
USCIS Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Thanks
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pappu
10-02 07:08 PM
I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
We too should be pro-active in campaigning to media about our valid cause.
I just sent the following E-mail to the Information Week Editors.
Sub:Your help requested for Skilled IT wokers to get their greencards
Dear Mr.McGee,
]
Regards,
Sreekanth
pls do not forget to mention immigration voice name in your letter so that the reporter can contact Iv for any further information.
We too should be pro-active in campaigning to media about our valid cause.
I just sent the following E-mail to the Information Week Editors.
Sub:Your help requested for Skilled IT wokers to get their greencards
Dear Mr.McGee,
]
Regards,
Sreekanth
pls do not forget to mention immigration voice name in your letter so that the reporter can contact Iv for any further information.
more...
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mhtanim
09-07 05:29 AM
What a joke! Their system does not work so we will have to pay the price!
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WaitingUnlimited
09-21 02:31 AM
I am not an attorney but I was in almost similar situation.
1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.
2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved
3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.
1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.
2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved
3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.
more...
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pdakwala
02-24 04:50 PM
Hello everyone,
Here is the comparison from AILA. Like it or not. You have only two option: Take it or live it. Thanks
Cheers
Here is the comparison from AILA. Like it or not. You have only two option: Take it or live it. Thanks
Cheers
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malibuguy007
10-02 01:05 PM
$250 so far in less than 24 hours. Hoping to do better in the next 24........
more...
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Life2Live
07-16 02:40 PM
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
No wonder why we have not heared any 485 Rejection form NSC... I guess...
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
No wonder why we have not heared any 485 Rejection form NSC... I guess...
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ajain
05-28 06:30 PM
Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?
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saint_2010
07-11 04:33 PM
Hello All,
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.
chantu
06-22 11:48 AM
Fill up the data. Take the print. Scan the print. Thats it.
GCwaitforever
03-16 12:20 PM
I sent an e-mail commending the report and its rcommendations to the author Paul Jones. Here is the reply I received from the Assistant Director GAO. I blanked my personal information and put xxxxx.
From : Michael P Dino <Dinom@gao.gov>
Sent : Thursday, March 16, 2006 11:04 AM
To : xxxxxxxxxxxxxxxxx
CC : "Carlos M Garcia" <Garciac@GAO.GOV>, "Paul L Jones" <JonesPL@GAO.GOV>
Subject : GAO Report on Immigration Benefit Fraud
xxxxxxxxxxx:
Thank you for your kind words regarding our report. We hope our report's
recommendations result in USCIS enhancing its ability to control immigration
benefit fraud.
Michael Dino
Assistant Director
Homeland Security and Justice
Los Angeles Office
U.S. Government Accountability Office
Tel: (213) 830-1150
FAX (213) 830-1180
e-mail dinom@gao.gov
From : Michael P Dino <Dinom@gao.gov>
Sent : Thursday, March 16, 2006 11:04 AM
To : xxxxxxxxxxxxxxxxx
CC : "Carlos M Garcia" <Garciac@GAO.GOV>, "Paul L Jones" <JonesPL@GAO.GOV>
Subject : GAO Report on Immigration Benefit Fraud
xxxxxxxxxxx:
Thank you for your kind words regarding our report. We hope our report's
recommendations result in USCIS enhancing its ability to control immigration
benefit fraud.
Michael Dino
Assistant Director
Homeland Security and Justice
Los Angeles Office
U.S. Government Accountability Office
Tel: (213) 830-1150
FAX (213) 830-1180
e-mail dinom@gao.gov