martinvisalaw
09-09 10:02 PM
CIS cannot approve a change of status to H-1B since you are not maintaining status. You will likely be approved as a notify and need to leave the US, get a H-1B visa, and then re-enter in H-1B status. It is critical that you don't overstay your I-94 by 180 days. If you do, you are subject to a 3 year bar on returning to the US.
You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.
I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.
You are out of status now, and have been out of status since your I-94 expired. You could be removed (deported) if you were found by CIS.
I suggest getting a second legal opinion because your lawyer might be giving you misleading information. It's hard to tell without knowing all the facts and what exactly s/he said to you.
sgorla
05-07 07:47 PM
DOn't be panic, but I would suggest you not to go to Canada/Mexico for stamping. I heard through my friends that there is always a risk to deny visa stamping from Canada/Mexico, and the consular officer might ask you to apply your visa in your home country.
I lost my passport, which had F1 Visa, and chose to go back home and apply for H1B visa. Consular officer at Chennai Consulate asked copy of student visa and police report stating that my passport was lost/stolen.
Hi
To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.
We have police report for the lost passport.
I already checked Indian embessy's website, they have instructions for duplicate passport.
My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?
plz help..
regards,
I lost my passport, which had F1 Visa, and chose to go back home and apply for H1B visa. Consular officer at Chennai Consulate asked copy of student visa and police report stating that my passport was lost/stolen.
Hi
To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.
We have police report for the lost passport.
I already checked Indian embessy's website, they have instructions for duplicate passport.
My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?
plz help..
regards,
copsmart
02-10 09:30 PM
Congrats!
It�s good have a GC in this very bad economy.
Erase the H1 worries and enjoy your green.
It�s good have a GC in this very bad economy.
Erase the H1 worries and enjoy your green.
Jaime
05-31 01:43 PM
I work for a big company and I know where a lot of the H1B people congregate for lunch and I posted the IV poster there
more...
nlssubbu
07-24 06:54 PM
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
In the past for my case, we do filed I-140 without the original labor certificate. They sent us an RFE for original labor, which then sent back along with approved original. I do not know whether USCIS are going to take a different stand now.
Thanks
maximus777
03-04 05:49 PM
Dont think so. If you have tech skills, might want to try your luck with H1-B circus.
more...
leena_k
01-31 07:04 PM
Thanks for the link:)
sledge_hammer
07-11 02:06 PM
Jakub (glus),
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
Funny? See below:
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
Good job on getting our message across. Good picture too! Finally we are seeing some faces behind the screen names.
http://www.nyjournalnews.com/apps/pbcs.dll/article?AID=/20070711/NEWS02/707110350
Funny? See below:
http://wwwapps.ups.com/WebTracking/processInputRequest?HTMLVersion=5.0&sort_by=status&tracknums_displayed=5&TypeOfInquiryNumber=T&loc=en_US&AgreeToTermsAndConditions=yes&InquiryNumber1=1ZE19A16P204195432
The message was IV template...
Glus
more...
boreal
09-22 03:59 PM
Hi PCS,
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
Oh God!! People can and will do anything to abuse Labor Substibution.
I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?
Thanks,
pcbadgujar
Oh God!! People can and will do anything to abuse Labor Substibution.
asiandude2
02-06 03:57 PM
My H1B and my wife's H4 visa were recently renewed for 3 additonal years. We also got new visas stamped in our passport valid for 3 years based on these H1B & H4 renewals.
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
Now I am planning to change jobs and will be applying for H1B transfer. My questions are:
- do I need to submit an application for transfer (new I797) for my wife's H4 visa
- can my wife travel out of US and then back into US on her current H4 visa while my H1B transfer application is being processed by INS.
Thank you
more...
sonu9
07-29 11:24 PM
Please reply. Thank you.
hebron
08-31 12:47 PM
Hi H1Girl,
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
Hey H1Girl, kriskris did not use the word "ATTRONEY".
ATTORNEY - A professional*person authorized to practice law; conducts lawsuits or gives legal advice
ATTRONEY - Word yet to be invented/discovered in english.
Please go back and read my post again. I didn't use the word attorney at all. Please make sure your point is clear before raising a finger on someone. All i am educating him is to file through his employer. In fact i don't personally like attorneys. When i filed my 485 on July 2, i filled the entire application by doing my own research and all my attorney did was signing it. Just to sign it also she said she was busy and she didn't file my EAD/AP.
Hey H1Girl, kriskris did not use the word "ATTRONEY".
ATTORNEY - A professional*person authorized to practice law; conducts lawsuits or gives legal advice
ATTRONEY - Word yet to be invented/discovered in english.
more...
shana04
01-30 11:21 AM
Any feedback on this is appreciated.
As both your I 140 are approved, I do not see any major problem. any wasy you are planning to use AC21. Why dont you use your attorney, in that way you can feel secure. If I 140 approved + 180 days from receipt date you should be fine.
But I would advice you to take any expert opinion. But use your own lawyer and I believe you will do fine
Good luck
As both your I 140 are approved, I do not see any major problem. any wasy you are planning to use AC21. Why dont you use your attorney, in that way you can feel secure. If I 140 approved + 180 days from receipt date you should be fine.
But I would advice you to take any expert opinion. But use your own lawyer and I believe you will do fine
Good luck
realizeit
07-28 10:27 AM
For me, it would take at least 2-4 years to get GC as my PD is around OCT-06/EB2.
I sincerely would like to contribute at least $1000 to IV, when I receive my GC.
So far..
One Time Contribution - $100
Recurring Contrib Since OCT-07: $50
I sincerely would like to contribute at least $1000 to IV, when I receive my GC.
So far..
One Time Contribution - $100
Recurring Contrib Since OCT-07: $50
more...
pappu
02-13 03:32 PM
Congratulations. Could you update your profile please.
eagerr2i
07-20 04:27 PM
Not in CA. My wife did her entire credentailing program with out a social security number. She got her Credentail certificate from California Commission of Tecahers and finger printing also done for teaching based on that temporary number allocated by her school.
more...
bp333
09-25 12:51 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
pagalForGC
06-17 03:54 PM
Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?
Thanks...
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.
Thanks...
As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.
The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.
After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.
Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months.
mayhemt
10-10 08:53 AM
tarikh pe tarikh.... tarikh pe tarikh.... kaab taak?????
Thanks, got a good chuckle out of this. Maybe we should bring Sunny in to plead our case.
Thanks, got a good chuckle out of this. Maybe we should bring Sunny in to plead our case.
boreal
07-28 03:53 PM
I got the LUD on last year's approved AP too on 7/27..wonder why on an approved AP..(PD Jan 06)..maybe because i had applied for its renewal...or maybe a mass system update, as it occured on a Sunday. Dont think we can read anything into such LUDs..only LUD that i would believe in - 'Your 485 has been approved and you are a free man!!!' :-)
nirajnp
09-07 02:55 PM
Thanks everyone for your replies...That really helped. One more thing that just crossed my mind.. Per the answer below
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
When she reapplies for her H1 in june 2008 how long will that be valid ? Her first H1 started on Oct 1 2005 and is valid until Oct 1 2008. Currently she has abt 12 months of H1 remaining. So if she changes from H4 to H1 again in june 2008 then will her new H1 be valid until Oct 2008 only ? She must have not utilized 8 months of her H1 i.e from Oct 2007 to May 2008, So will her H1 validity period be 12 months from her application next year i.e. June 2008 + 12 months = May 2009 ?.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
When she reapplies for her H1 in june 2008 how long will that be valid ? Her first H1 started on Oct 1 2005 and is valid until Oct 1 2008. Currently she has abt 12 months of H1 remaining. So if she changes from H4 to H1 again in june 2008 then will her new H1 be valid until Oct 2008 only ? She must have not utilized 8 months of her H1 i.e from Oct 2007 to May 2008, So will her H1 validity period be 12 months from her application next year i.e. June 2008 + 12 months = May 2009 ?.
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