bijualex29
07-31 05:57 PM
2nd July, Nebraska
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homers
04-09 08:49 AM
As long as your H1-B application is still being processed, you should be IN STATUS.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
waitingmygc
10-12 07:08 PM
Please ask an attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
why?
If H1B extension is pending and going out of country even if travelling with valid AP, then there are chances that pending H1B extension denied by USCIS.
I advice you to consult a good attorney.
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ItIsNotFunny
10-22 10:24 AM
Gurus pls help,
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
Here's my situation.
I'm a derivative and recently got an interview notice.
1) My spouse came here with H1 status (without me). Because my spouse's company can only start processing my H4 visa, 3 months after my spouse start date. Since it will be difficult for us to be thousands of miles away, we decided to use my tourist visa and come here so that I can join my spouse. So, I came here initially in B1/B2 status (around February 2006). After 3 months (around May 2006), I got a job offer from one company and was willing to sponsor my H1 visa. During the H1 processing, I had to go back home for emergency. Again came back to US using B1/B2. After I came back, we got a RFE asking for the new I-94. Then, my H1 was approved around November 2006 but only started getting paid around May 2007 (after I got a client).
If asked during the interview, when I started working? Should I answer November 2006 (when my H1 visa was approved) or May 2007 (when I started getting paid bec I got a client)?
2) Late last year we went to Canada and our I-94 was not taken from us. We were told that it's because we will be in Canada for few days only. Hence, we dont have a new I-94 in our hands. Currently, we're still holding old I-94. When we filed our I-485, the last entry date we entered was based on the Canada trip so it wont match the date with the old I-94. Will this cause a problem during the interview?
Please let me know your thoughts. Thanks
There is a descripency / issue. First of all why do you have to involved company for H4 visa? It has nothing to do with H1.
Canada visit should not create issue as per my opinion.
more...
Better_Days
03-04 02:44 AM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
bigtiger
07-11 12:25 PM
just talked to Sarah...she already has indian representation..if anyone else say from China, Poland etc can contact her would be great.....anyone listening ?
more...
PresidentO
06-09 12:13 AM
The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
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Iak123
06-02 02:16 PM
Hi All,
Please can somebody tell me when purchasing airline tickets for my parents. Do I need to buy a open ticket valid for six months or do I have to buy a ticket with fixed dates. I am lost any help is greatly appreciated. Thanks.
Please can somebody tell me when purchasing airline tickets for my parents. Do I need to buy a open ticket valid for six months or do I have to buy a ticket with fixed dates. I am lost any help is greatly appreciated. Thanks.
more...
martinvisalaw
07-17 11:26 AM
Hi,
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
I received RFE on my 485 for I94 copy. My situation is below
I travelled to Tijuana, Mexico from San Diego by road to request
for new I94 at the US Port of Entry at San Ysidro, Tijuana as my old I94
was issued only until PP expiry date but since i already had a valid I94 on H1B notice, The officer didn't issue a new white I94 card even though i requested for one. Also, The officer took my earlier old white I94 card, so i don't have one with me now though i have a copy
of it. Also USCIS is asking for a detailed explanation on why new I94 was not issued at POE. please advise on how to respond to this RFE
POEs in Canada and Mexico don't usually issue a new I-94 when you visit those countries for less than 90 days. You can just remind CIS of this (maybe they thought you went to another country) and explain what happened.
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BharatPremi
10-10 09:29 AM
[QUOTE=ronhira;2013124]tarikh pe tarikh.... tarikh pe tarikh.... kaab taak????? QUOTE]
:D Perfectly relavent dialogue. Sunny Deol might not have a clue that he is representing the anger and frustration of EB3-India lot but ofcourse completely in a wrong court in a wrong country.:D
:D Perfectly relavent dialogue. Sunny Deol might not have a clue that he is representing the anger and frustration of EB3-India lot but ofcourse completely in a wrong court in a wrong country.:D
more...
gonecrazyonh4
03-20 01:06 PM
Does Talent Bill provision for work authorisation for H1B Spouses mean H4's will be allowed to work?
http://immigrationpage.com/recentnews.php
Read below
The TALENT Bill For Employment - Based - Immigration
The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:
* exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
* create a market-based H-1B cap beginning with a base level of 115,000
* revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas
Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package
http://immigrationpage.com/recentnews.php
Read below
The TALENT Bill For Employment - Based - Immigration
The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:
* exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
* create a market-based H-1B cap beginning with a base level of 115,000
* revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas
Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package
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MrWaitingGC
06-23 09:00 PM
My priority date is EB2 Dec 2003 and I can file my 485 in June.However my spouse who is on vacation will be returning back to US on Mid July.
Considering the huge load of application that will be filed by the beginning of July , is it wise to:
1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or
2)Wait for for spouse to return and file together on the 3rd week of July.
Does the time gap of a couple of weeks make a huge difference in the processing of my application.
any insights please....
If your case approves in a day your wife will be out of status. I am pretty sure this will not happen. But wait for her to come and apply so that it will be safe.
Considering the huge load of application that will be filed by the beginning of July , is it wise to:
1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or
2)Wait for for spouse to return and file together on the 3rd week of July.
Does the time gap of a couple of weeks make a huge difference in the processing of my application.
any insights please....
If your case approves in a day your wife will be out of status. I am pretty sure this will not happen. But wait for her to come and apply so that it will be safe.
more...
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irukandji
04-03 09:52 AM
KPR,
From my understanding you got your H1B approved(for 3 yrs) beyond 6 yrs even though 140 is once approved and later revoked. But I heard from my lawyers that once 140 is revoked/withdrawn its not possible for H1b extension beyond 6 yrs. Could you please let me know what details you attested for the RFE to convince USCIS? I am also in a kind of similar boat.
Thanks,
Vijay
From my understanding you got your H1B approved(for 3 yrs) beyond 6 yrs even though 140 is once approved and later revoked. But I heard from my lawyers that once 140 is revoked/withdrawn its not possible for H1b extension beyond 6 yrs. Could you please let me know what details you attested for the RFE to convince USCIS? I am also in a kind of similar boat.
Thanks,
Vijay
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agv
03-19 12:16 PM
profile updated..can u help now?
more...
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raysaikat
02-16 09:32 AM
All
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
[QUOTE=sa.node;2357341]
I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.
I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...
Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/attachments/forum6-non-immigrant-visas/382d1292767900-portability-of-cap-exempt-h1b-to-cap-subjected-h1b-uscis-memo-on-cap-exempt-to-cap-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?
Thanks a lot in advance.
;)
[QUOTE=sa.node;2357341]
I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
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GCNaseeb
10-31 09:29 AM
The nearest USCIS office is 70 miles from my home zip code. Is it ok if I schedule Infopass from my work zip which is less than 10 miles?
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yestogc
05-11 10:19 PM
Keep going
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andy garcia
02-08 09:01 AM
What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.
Macaca:
These are the descriptions for L visas.
L-1A/L-1B.
An L-1A is an alien coming temporarily to perform services in a managerial or executive capacity for the same corporation or firm, or for the branch, subsidiary or affiliate of the employer who employed him or her abroad for one continuous year within the three-year period immediately preceding the filing of the petition, in an executive, managerial or specialized knowledge capacity.
An L-1B is an alien coming temporarily to perform services that entail specialized knowledge .......
All it takes is a greedy lawyer to get them.:mad:
Macaca:
These are the descriptions for L visas.
L-1A/L-1B.
An L-1A is an alien coming temporarily to perform services in a managerial or executive capacity for the same corporation or firm, or for the branch, subsidiary or affiliate of the employer who employed him or her abroad for one continuous year within the three-year period immediately preceding the filing of the petition, in an executive, managerial or specialized knowledge capacity.
An L-1B is an alien coming temporarily to perform services that entail specialized knowledge .......
All it takes is a greedy lawyer to get them.:mad:
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GC_ki_daud
03-13 03:18 PM
Also if I leave this employer and work with another employer on AC21, Will the USCIS still question me if they do a full inquiry on the company (FYI it is a staffing/consulting company)
wenkatesh
04-20 09:45 PM
Hi,
Application sent on 7-Apr-10
Receipt date- 8-Apr-10
Status as of yesterday- Initial Review
When I checked status today, it had changed to Acceptance and the receipt date changed to 16-Apr
I am terribly confused and anxious. What is happening?
Application sent on 7-Apr-10
Receipt date- 8-Apr-10
Status as of yesterday- Initial Review
When I checked status today, it had changed to Acceptance and the receipt date changed to 16-Apr
I am terribly confused and anxious. What is happening?
Ramba
05-04 06:35 PM
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.
In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.
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