jnraajan
03-20 10:04 AM
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
Why we are expecting that something next year? One Word. Politics. The current congress will not do anything now, because, they dont want to alienate 1 particular group during an election year. Now, I am not saying that they will do anything in '09. But, with more lobbying, we might see some success.
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
Why we are expecting that something next year? One Word. Politics. The current congress will not do anything now, because, they dont want to alienate 1 particular group during an election year. Now, I am not saying that they will do anything in '09. But, with more lobbying, we might see some success.
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pcs
04-17 12:54 PM
Do it yourself & do not depend on your lawyer. Call them. I filed in Aug'05 & got it in 45 days. I used to call their IT guy in DC office & he was very prompt in fixing issues ( which could be IT related)
rcr_bulk
07-23 11:30 AM
Hi,
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
Try applying online, if lucky you will get.
I am planning to renew my AP while in India. What is the procedure to do this?
My details :
Applied for H1 transfer - Dec 15,2008 - normal category -still pending
Ap - valid till Nov 2009
EAD - valid till Nov 2010.Using AC21 for working with the present employer.
I came back to India in March, after completing the project.
My present employer wants me to come to the US only when I have a project in hand.
Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.
In this scenario, I am still not sure, if coming back to US will be a good option or not.
But I may need to come if the AP renewal is not possible from India.
In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?
Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
I am not very confortable with this situation.
I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
Can you give me some guidence on this?
Try applying online, if lucky you will get.
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memyselfandus
09-25 11:09 AM
can IV focus on this...instead of the recapture?
am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!
I don't think it is advisable.. my reason is getting EAD cards on time... if they open the floodgates again... alot of folks will have problems in getting their EADs on time.. More than once we almost missed deadline by under 3-5 days...
am just being practical.. we cant expect any meaningful immi reforms anytime soon..and with holidays approaching.. little hope for this year.. so anything that can bring abt temporary relief should be taken up!
I don't think it is advisable.. my reason is getting EAD cards on time... if they open the floodgates again... alot of folks will have problems in getting their EADs on time.. More than once we almost missed deadline by under 3-5 days...
more...
small2006
07-29 03:16 PM
Just got back from FP from the local ASC. While there I asked the guy who dows FP if he knows anything about FBI namecheck and he had no clue. Said he doesn't have access to that data here.
That's that. In my area, the FP and Infopass appt locations are different. Wondering if I should make an infopass and go in for namecheck inquiry.
FYI:
I don't know if this is old news but thought of sharing it anyway.
I was in the same boat as many others here i.e, no FP notice even 1yr after filing for 485. With my PD becoming current in Aug 2008, I called my attorney to see if he can do anything to help me out. He told me that due to several complaints from people like us and a law suit threat (or an actual lawsuit, not sure) from AILA, the Texas center has sent has set up an exclusive fax line for such requests. This system came into existence only about 2-3 weeks ago.
He sent a fax on my behalf to that number last Tuesday 7/15/08. My wife and I both received FP notices on Sat 7/19/08! So looks like for a change, something that�s set up for our own good is actually working. Frankly, I hadn�t pinned any hopes on the fax having a positive impact but I was pleasantly surprised. Our appointments are for next week.
Hope this little tip will help others in the same boat if their attorneys are either not aware and/or haven�t told their clients about it.
The fax number is not made available to the general public. Only attorneys have access to it.
BTW: As a result of all this, I haven't seen any LUD changes (soft or hard) on my case status online....I thought that was strange.
That's that. In my area, the FP and Infopass appt locations are different. Wondering if I should make an infopass and go in for namecheck inquiry.
FYI:
I don't know if this is old news but thought of sharing it anyway.
I was in the same boat as many others here i.e, no FP notice even 1yr after filing for 485. With my PD becoming current in Aug 2008, I called my attorney to see if he can do anything to help me out. He told me that due to several complaints from people like us and a law suit threat (or an actual lawsuit, not sure) from AILA, the Texas center has sent has set up an exclusive fax line for such requests. This system came into existence only about 2-3 weeks ago.
He sent a fax on my behalf to that number last Tuesday 7/15/08. My wife and I both received FP notices on Sat 7/19/08! So looks like for a change, something that�s set up for our own good is actually working. Frankly, I hadn�t pinned any hopes on the fax having a positive impact but I was pleasantly surprised. Our appointments are for next week.
Hope this little tip will help others in the same boat if their attorneys are either not aware and/or haven�t told their clients about it.
The fax number is not made available to the general public. Only attorneys have access to it.
BTW: As a result of all this, I haven't seen any LUD changes (soft or hard) on my case status online....I thought that was strange.
hebron
04-17 12:15 AM
Hi Roseball and others, Are you sure about this atatement - "Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension."
My thought was that 3 year extension based on approved I140 can be applied only if you are with the same employer who filed your labor certification.
Could you please confirm.
One of my friends is in the same situation. His 8-th year H1 extension based on aproved labor is expiring in next two months. He has not received his I-140 yet. Now he has received an RFE for his 9-th year H1 and also his I-140. The RFE is big one and is for the employer. Since he has couple of months on his current H1-B What are his options/backup plans (if the RFE response doesn't work)
1. Would it be possible for a new employer to file his H1 for 9-th year based on approved labor? Since he doesn't have approved I-140, can he still extend his H1 with a new employer?
2. If the post by Roseball is true, my friend can respond to his I-140 RFE and apply for premium processing and hope that I-140 clears in the next two months and then based on this approval he can get 3 years H1 extension. Could anyone please confirm if this assumption is correct.
Thanks
Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....
My thought was that 3 year extension based on approved I140 can be applied only if you are with the same employer who filed your labor certification.
Could you please confirm.
One of my friends is in the same situation. His 8-th year H1 extension based on aproved labor is expiring in next two months. He has not received his I-140 yet. Now he has received an RFE for his 9-th year H1 and also his I-140. The RFE is big one and is for the employer. Since he has couple of months on his current H1-B What are his options/backup plans (if the RFE response doesn't work)
1. Would it be possible for a new employer to file his H1 for 9-th year based on approved labor? Since he doesn't have approved I-140, can he still extend his H1 with a new employer?
2. If the post by Roseball is true, my friend can respond to his I-140 RFE and apply for premium processing and hope that I-140 clears in the next two months and then based on this approval he can get 3 years H1 extension. Could anyone please confirm if this assumption is correct.
Thanks
Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....
more...
chanduv23
11-06 10:08 AM
I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)
Air India (direct Mumbai to JFK) is Rs 70,000 INR and Jet Airways is giving promotional offer rs 47,000 INR in January 2nd week, which is peak season.
Lufthansa, Emirates, KLM are all in Rs 57,000 to Rs 65,000 INR range.
Only thing we are worried about is connecting in Burssels, I guess that should be fine if we ask for a wheelchair.
Thanks for all your inputs.
Air India (direct Mumbai to JFK) is Rs 70,000 INR and Jet Airways is giving promotional offer rs 47,000 INR in January 2nd week, which is peak season.
Lufthansa, Emirates, KLM are all in Rs 57,000 to Rs 65,000 INR range.
Only thing we are worried about is connecting in Burssels, I guess that should be fine if we ask for a wheelchair.
Thanks for all your inputs.
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chandra_mb
07-18 11:37 PM
I understand that to file 485, all applicants need to be in the US.
Do the dependents/spouse need to be present in the US to file the EAD later (after we get the 485 receipt) ?
Do the dependents/spouse need to be present in the US to file the EAD later (after we get the 485 receipt) ?
more...
serg
05-18 09:32 PM
The title means ... You r right, not only Indian, but Chineese, Russians and all others ... but title is "Indian immigrants .... " :(
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Karthikthiru
06-15 01:47 PM
Tell the previously employer EXPLICITY that it is only a employment verification letter NOT A REFERENCE letter. Because by default lot of them assume it is a reference letter. Aslo by law they have to provide the experience letter
Thanks
Karthik
Thanks
Karthik
more...
petersebastian
04-01 01:59 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...
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amitjoey
08-05 01:10 PM
The requirements of the job dictates whether or not you can qualify for EB2. So if you have a PHD or Post doctoral research, will not matter if the job you are doing only requires a Bachelors degree holder with minimal experience.
On the other hand if the job requires that you have Bachelors with atleast 5 years of experience you could. Also, you have to pass the market labor test. So, the job has to be for skills that are in demand for which there is no US citizen available.
On the other hand if the job requires that you have Bachelors with atleast 5 years of experience you could. Also, you have to pass the market labor test. So, the job has to be for skills that are in demand for which there is no US citizen available.
more...
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desi3933
04-02 01:02 PM
.....
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. .....
Three things here -
1. For eb-2, bachelor degree must be "single degree" and not a combination.
2. NIIT is not a recognized diploma in India and therefore has no value.
3. For eb-3 also, your labor MUST be worded in a way to allow combination of degrees. In that case also, NIIT diploma can not be used.
Even if NIIT diploma was recognized, you would have issues since NNIT diploma is not "post bachelor" but done "along with" bachelor degree. So it can't be combined.
You should consider discussing with your attorney the option of filing labor for "eb3 skilled labor" with associate degree requirement.
________________
Not a legal advice.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. .....
Three things here -
1. For eb-2, bachelor degree must be "single degree" and not a combination.
2. NIIT is not a recognized diploma in India and therefore has no value.
3. For eb-3 also, your labor MUST be worded in a way to allow combination of degrees. In that case also, NIIT diploma can not be used.
Even if NIIT diploma was recognized, you would have issues since NNIT diploma is not "post bachelor" but done "along with" bachelor degree. So it can't be combined.
You should consider discussing with your attorney the option of filing labor for "eb3 skilled labor" with associate degree requirement.
________________
Not a legal advice.
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Munna Bhai
01-09 03:42 PM
Hello,
Please share your RFEs!! What was the reason and how you handled it. That will be great input.
-M
Please share your RFEs!! What was the reason and how you handled it. That will be great input.
-M
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kurtz_wolfgang
08-15 01:05 PM
Please explain, Why did I get red? Is it for asking question? Guys, I am new.
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dreamworld
09-12 03:46 PM
Any advise about Unpaid vacation period in usa for h1b's and staying in usa.
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
more...
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dtekkedil
07-03 10:47 AM
I guarantee you they won't do a thing with it. in fact they won't even be able to take it home (the workers that is) because they are not allowed to, it's almost like accepting bribes, right? Hey I have an idea, let's all apply lipstick and kiss a piece of paper and send that :D yes, even guys, it's for the greater good:D
LOL!
You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???
It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!
LOL!
You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???
It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!
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eagerr2i
12-07 09:28 AM
Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.
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amitkhare77
10-08 10:38 AM
If the JOB requires EB2 then you can file EB2 and not because your qualification/experience is equivalent to EB2. If your company can prove why you are the best suited for this JOB which is EB2 category, there should not be any problem. Given the circumstances - filing EB3 will be a safe bat.
Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...
Another important thing whole EB2 and EB3 classification is , it does not matter how much experience or educational credetials a benificiary has. The job should require it too...
arpu31
11-17 12:59 PM
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?
chalamurariusa
05-01 12:53 AM
She did all that a normal F1 student does. Applied for her F1 Visa, parents showed the support documents and all. The Fiance was not mentioned anywhere either in the papers or the interview. She came here as a student and after a few months they got married again according to US laws. Till then they did not disclose their marriage.
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