nissan_1
01-24 02:52 PM
During my 2nd H1B stamping, I also faced the same situation in New Delhi consulate. I got 221g and the visa officer told me that my application need some adminstrative approval from DC and it will take 3-4 weeks. Those 4 weeks were painful. My whole vacation was runied. Anyway after 4 weeks I got a call from the Embassy and got stamped next day.
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
But one of friend faced the same problem in New Delhi last year. For him, it took 6 months to get the name check done....So be prepared man...I am so sorry that you have to go through this...I can feel the pain...Now I am really scared to go for my next stamping as my visa has expired and I missed the July bus ....so I do not habe AP...:(((
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sobers
06-29 01:42 PM
Obviously using approved labor (or substitute labor) is a shady practice and many desi consulting companies are employing this scam. If they don't share this info with you, you can either:
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
1) Continue working with this company in the hope they are doing everything by the book and this will all work out
OR
2) Go work for a bonfide employer
pitha
05-22 04:40 PM
Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.
With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
1. based on pass marks?
2. based on who has the highest number of points for each country
3. Does the priority date come into plat at all?
hope somebody has the answers for these questions.
If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.
How will this change if the new legislation/amendment that are discussed passes.
Any ideas guys.
With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
1. based on pass marks?
2. based on who has the highest number of points for each country
3. Does the priority date come into plat at all?
hope somebody has the answers for these questions.
If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.
How will this change if the new legislation/amendment that are discussed passes.
Any ideas guys.
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smiledentist
10-25 11:39 PM
Any more advice,guys I am very tensed.Please help
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new_gc
12-17 12:59 PM
guys,
I have a situation here....i travel a lot due to a contracting job and take my family with me...we shift every 6 months once...due to this we had to face a lot of hassle in receiving fp notice and ap,ead etc...is it ok for us to use a p.o box address?so that i can get my mails every week whereever i am.....please advice...looking forward to your replies....
I have a situation here....i travel a lot due to a contracting job and take my family with me...we shift every 6 months once...due to this we had to face a lot of hassle in receiving fp notice and ap,ead etc...is it ok for us to use a p.o box address?so that i can get my mails every week whereever i am.....please advice...looking forward to your replies....
arnet
10-26 01:51 PM
our experience:
they will mail back those.
my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.
I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.
it took 3 days after interview date to get the stamped passport and documents through courier.
If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.
I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)
they will mail back those.
my wife went to delhi consulate in sep 06 (i didnt go), and they took all reqd docs including our I-797s original, and when they sent stamped passport through courier, they returned all documents with passport including I-797s.
I dont think they took any document except fees receipt, ds-156/157, it was suprising to us not even the xerox copies of reqd docs like w-2's,marriage ceritificate, etc. i think, might be, they just want to verify and once they did that, they are returning it.
it took 3 days after interview date to get the stamped passport and documents through courier.
If any delay or problem in getting those documents/passport after 3-4days, contact VFS at delhi. I think you can track through SMS too.
I hope they mail it back because that's something I definitely need. I didn't know they will look at my I797. I wish I had known this before my wife went for visa stamping. There's alway a new kink, isn't it :-)
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dummgelauft
04-14 10:04 AM
Umnagini! tough luck man. If this were at-all possible, I would have had my Green card 5 years ago. I have the exact same situation as yours. No, can't do it.
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aniltatikonda
02-08 04:39 PM
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
http://immigrationvoice.org/forum/showthread.php?t=16188
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saimrathi
08-02 01:41 PM
Yes, copies should be fine..IMHO only, you can check with a lawyer though.
Gemini,
Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.
Gemini,
Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.
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s416504
12-04 02:23 PM
I think EAD doesn't give us any STATUS. EAD gives us authorization to work.
We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
We can live legally with pending AOS status. And due to AC21 protection, AOS can't be denied.
I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!
A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
So think twice before you disclose that you are unemployed.
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gcformeornot
12-31 02:22 PM
friends... its not going to affect IV agenda.... no law makers are working these days... we will try hard when they come back...... meanwhile few more clicks will secure your vote.... please do so.........
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enggr
10-12 12:37 AM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
more...
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jack_suv
07-20 10:49 AM
After analyzing the normal benefits of filing 485 are:
1. get Advance Parole so no need to go for visa stamping
2. get EAD for spouse so spouse can start working
Other benefits but rarely used.
3. AC21 portability. This is rarely used as it may generate unnecessary RFE from USCIS.
For unmarried both the normal benefits are not applicable since you need to be on H1 to bring spouse on H4; and since no spouse no need for EAD for spouse.
The only true benefit for unmarried is AC21 portability with H1 transfer under layoffs or low salary.
The big negative is spouse loses H4 on GC approval if your PD is not current before GC approval unless a status change had already been made.
1. get Advance Parole so no need to go for visa stamping
2. get EAD for spouse so spouse can start working
Other benefits but rarely used.
3. AC21 portability. This is rarely used as it may generate unnecessary RFE from USCIS.
For unmarried both the normal benefits are not applicable since you need to be on H1 to bring spouse on H4; and since no spouse no need for EAD for spouse.
The only true benefit for unmarried is AC21 portability with H1 transfer under layoffs or low salary.
The big negative is spouse loses H4 on GC approval if your PD is not current before GC approval unless a status change had already been made.
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satyasrd
03-30 03:57 PM
I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?
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sandy_anand
06-04 09:54 AM
Thats the Senate and House for you...they get up very late since they party late into the night!...:)
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godbless
07-18 09:08 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.
more...
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DareYouFireMe
03-09 03:03 PM
My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
Whether he can use earlier PD for EB2 (I-485).
Please share your knowledge.
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santb1975
11-16 08:06 PM
This Holiday season .... Give a gift to IV
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
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paskal
11-09 05:42 PM
[QUOTE=BharatPremi;193944]:D:D:D I'm sure writing skills can right away be determined from it. Analytical skills, yes... But my career resume would not say how skillful I was dealing with local BJP/Congress/Bahujan Samajwadi corporators or local district magistrates while I was in India:D
QUOTE]
unless you add that stuff..yeah we will not know...feel free to add it though...sounds like you are a senator in waiting...if only retrogression could end :D
the media group: handles all media contacts, they get interview requests and story requests and help farm them out to the right people, also help train people to stick to a crisp clear message before their own media contacts.....
QUOTE]
unless you add that stuff..yeah we will not know...feel free to add it though...sounds like you are a senator in waiting...if only retrogression could end :D
the media group: handles all media contacts, they get interview requests and story requests and help farm them out to the right people, also help train people to stick to a crisp clear message before their own media contacts.....
jcrajput
10-02 11:11 AM
I will need to refile I485 application for myself and my wife. It was rejeted in error from USCIS. I have question:
Should I re-file with old fees or new fees? Any one can help me here?
My application was originally filed at NSC on July 2nd.
Thank you,
Should I re-file with old fees or new fees? Any one can help me here?
My application was originally filed at NSC on July 2nd.
Thank you,
cecil1558
10-15 03:38 AM
Thank you for posting this enlightning article. I think some of it is very true, give it fifty years and oriental Asia will have become an even greater threat to the US� leadership, if not ended it completely. I�ve never looked into this, so I�m asking: Aren�t there different immigration rules that aren�t as strict when you actually study in America? And when you go study there, do you need immigration permission and does it take you this long to get it or what?
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