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ingegarcia

03-08 02:17 PM

My Personal experience was:
- When my H1B was filed for the first time it had a wrong Date of Birth, lawyer asked me to bring Birth Certificate to the Interview at the consulate. I did not have problems with the stamping of the visa.
When my extension was filed , again, Date of Birth was wrong. Lawyer told me the same thing. Get recent Birth Certificate and bring it to the Interview.

Did not have any problem at all.

:D

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chirayu547

10-08 11:56 PM

Hello,

First of all, I really appreciate your efforts to help people in their immigration issues.

Currently, I am on H4 visa. Recently, I was offered employment and got my H1B approved.
But, my new I797 approval notice does not contain I-94 part.

Do we need to apply for Change of Status from H4 to H1B now while I remain in US? Do I need to do it or my employer needs to do it?

I would really appreciate your help.

Thanks,
Dhans

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rkm.cvg@gmail.com

03-26 04:02 PM

Vikram ,

Can you please share your experience of getting the visa in one day at Detroit ?

Regards,
rkm

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raysaikat

04-21 11:37 PM

Hi,

I am really confused about my current status.

I am currently on Opt Extension, which expires on June 1st 2010.
When i filed for H1b visa last year April 2009.

I got my petition approved, but my change of status was denied.
The reason was stated as :
The status previously accorded the worker had expired before this petition was filed. Therefore, the worker si not eligible for change of status.

Now, I am still in US. Is my status illegal?

Unless there is more to the story, you are currently in F1 status assuming that you are not violating OPT rules (e.g., you must be employed in your major field of study --- you cannot keep looking for job on OPT more than 3 months or so, IIRC). Your F1 status will cease when the OPT expires. You will go out of status from June 1, 2010 and so you should go out of US on or before that date. Then you need to get H1-B visa stamp from a consulate abroad (usually it has to be the consulate in your home country for the first stamping) and reenter US.

Make sure that you are not violating any OPT rules --- maybe USCIS thought that you are and that is why they denied COS?

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Humhongekamyab

01-15 11:48 AM

I am using my EAD and working for the company which filed by PERM/I-140/I-485. Currently I am being paid a lot more than the prevailing wage on the PERM so my company has suggested me that they will give the amount listed on the PERM as a salary and the remaining as a check to the company that I own. I have a business in my name but all I did was register the company name; never actively ran the business.

Please share your concerns/opinions about the possibility of above scenario. Do you think taking the salary and B2B expense would cause a problem with the green card process?

Thanks!

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manand24

10-25 03:31 PM

I think that it is very common to get the EAD card with Finger Prints not available printed. I do not think that you should be worried too much about this.

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Munshi75

04-09 06:56 PM

Even if you are doing it with good intention, i guess is true, have you thought of paying royalty for using IV as a platform .Any takers!!!

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bostonqa

06-14 09:50 AM

correct. Which means, come September EB3-ROW is also going to get retrogressed. probably to where it is now.

Thats fine, but till they do it.

India is eligible for more then 7% of EB visa quota. correct?

as long as everything stays current they can issue 40K (arbitary number) EB visas to India. correct?

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HRPRO

02-15 11:50 AM

You will not have any problems with the move and using your own attorney should not be a problem either.

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Sammo

04-22 06:18 PM

2 more, well 1 more, but I can't decide, with text or without text...or neither? :P

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freddyCR

February 4th, 2005, 10:47 PM

Wanted to try my hand at birds, with these...what do you think?

http://img.photobucket.com/albums/v629/alcorjr2/2005_0129LA-Paz0049Medium.jpg

http://img.photobucket.com/albums/v629/alcorjr2/2005_0129LA-Paz0048Medium.jpg

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RadioactveChimp

04-16 01:36 AM

yeah nice job man!

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tom

03-13 06:05 PM

The anwser for your new question is already answered by ashkam.

You don't need EAD to study. EAD is for working.

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fromnaija

11-09 10:07 PM

I have 2 H1B Transfer questions for clarification.
1. Can H1B Transfer be filed when H1B Extension is pending with the current employer?

Yes, a transfer could be filed while an extension is pending. This is the so-called anchor transfer. However, the transfer would be denied if the extension petition is withdrawn before the transfer is approved.


2. Do i need to have copy of I-140 approval notice for H1B Tranfer? The current employer does not share this document.


The 140 approval notice is not required unless this is a post six year transfer/extension.

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alisa

06-21 10:39 AM

In 2004, a friend moved within the same Multinational company (A) from one business (A1) to another (A2). The HR department did not apply for an H1 transfer assuming that one was not needed, and the friend worked for a few months before the business A2 was sold off, and the new company realized the mistake, and filed for her H1 transfer, which was approved. The new company then filed for her labor and got her I-140 approved.

Can the friend now file for AOS? Was the period that she worked for A2 'unauthorized'? Does that preclude her from adjusting her status now?

I am guessing that a lot of employers/people might have made similar mistakes through no faults of their own. Whats the solution here?

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trexx7

10-02 04:17 PM

Just bumping..

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billu

07-30 08:19 PM

My in-laws got their visa at new delhi consulate on friday. they had appointment in english at new delhi. I had been looking for hindi appt dates at new delhi since june mid every day for 6-7 hours at morning and evening but could not get any hindi dates. Finally, had to book english dates on july 23 for july 30 appointment. here is my in-laws' experience:

first, they had a VO who asked them qs in english with accent. they were not able to understand a thing, so they requested him to ask qs in hindi after which he asked them to go to another counter where a young guy asked them qs in hindi. he was very polite and smiling all the time.

VO: Show me ur daughter's visa
we did not send them my wife's visa since i was sponsoring them.
Dad: We do not have daughter's visa. Here is son-in-law's visa

VO looked at the visa (I-797 and visa stamp copy), checked in computer for 4-5 mins and then asked
VO: Was it an arranged marriage?
Dad: Yes
VO: Tell me more about the process.
Dad: It was arranged marriage. My son-in-law's parents contacted us and then the girl and boy met each other and .....he described the process of arranged marriage.

VO smiled and asked: What do you do?
Dad: I am a businessman.
VO: What kind of business you do?
Dad told about his business

VO: Aapka Visa Manzoor ho gaya hai (Your visa has been approved).

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garybanz

08-27 11:49 AM

I filed my 485 application at TSC at the beginning of August, still did not get any receipt number, neither are the checks cashed.

Any idea how long USCIS/TSC is taking these days to issue a receipt or cash the checks?

Thanks

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fatjoe

10-08 10:44 AM

How do you know that your case has been transferred from NSC to TSC.

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markapur

08-05 11:42 AM

Hello omahaguy,

I also have the same question. Did you get that resolve? Can we apply for extension with another company's I140? Please reply.

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frostrated

02-09 10:29 AM

yes, your employer can file for a new H1B, but you will have to leave the country and get a visa to work on the H1B. An easier process would be for your new employer to take over the sponsorship of your GC by using AC-21.

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mjdup

01-18 02:35 PM

Here are the minutes and action items ---
1. Congressman/woman are to be focussed but Sen. Kennedy 's office is the most important to focus on.
2. AI: Call Sen.Kennedy's office and try to seek an appointment to explain our issues and make presentation. Aim for last week in January.
3. AI: Find out stance of congressman/woman from MA on immigration committee. If any of them are in immigration sub committee. Identify the counties which these lawmakers represent. This will be a good way to filter out the ones we do not have to concentrate on.
4. AI: Make a list of groceries and places frequently visited by immigrants who could become potential IV members.
5. AI: Refine the presentatioin on IV resources section and provide the first draft to rest of team for feedback - 2 weeks.
6. AI: To enquire about the cost involved in posting ad in India New England paper/media.(Cost can be shared among local state chapter members)
7. AI: To enquire about posting ad (one frame) in Belmont theatre where Indian movies are shown. (Cost can be shared among local state chapter members)
8. AI: All members: Publicity of IV using posters and flyers available in IV resource section. Also publicise on sites like immigrationportal.com etc.

Though action items are assigned to certain members, if there's a feeling that you can pitch in please do so.

Important updates from core member: CIR is on top of the list with Sen.Kennedy but the illegal issue is also going to catch up so we should initially push for CIR or Plan B would be to ask for our provisions to be included in a separate bill if CIR gets complicated and is time consuming.

Thanks to everyone who was able to make it. T

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roseball

01-07 01:41 PM

Few months ago, my company filed for my 7th year extension and USCIS approved the extension for only 8 months instead of 1 year (my I-140 hadn't been approved yet). My lawyers contacted USCIS for clarification and we finally heard back from them. They say that the approval of 8 months is correct and gave no explanation for why it was not for 1 year (which I would have qualified for since my LC was approved when the extension was filed).

Has anyone else experienced a similar thing?

Check with you employer on the validiity of the associated LCA. At the time of your H1 approval, there might have been only 8 months of validity left on the LCA. Other reason could be, assuming you are working for a consulting company, USCIS might have given you an extension till the end of the current project. I have seen several cases where USCIS only gave 6 month extensions because the project PO was only valid for 6 months.

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iheartindia79

12-05 01:37 AM

Check this out
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=189cf48f42466110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD

What does this mean
"As a result, average processing times for certain application types may become longer. In particular, naturalization applications filed after June 1, 2007 may take approximately 16 - 18 months to process."

What are the chances for the people who applied on July 1 ?

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saimrathi

07-02 02:06 PM

I agree.. lets move on..

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mbartosik

09-21 08:14 PM

Remember to point it out at FP, and they will also ask you to phone USCIS and correct it. You could phone USCIS first, and then you might find that FP has it already corrected in the computer.

Once USCIS update it they will send you a letter to say that they made a change to the file, this is just FYI.

My wife's DoB had a typo. It was spotted at FP office.

Of course I am assuming some obvious typo, not a FP notice for Jim Smith and your name is Ramkrishnan Singh. :-)

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chicagoan

05-06 07:44 PM

Thank you jvs. I really appreciate your input.

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Raj Iyer

09-22 05:21 PM

Get the police record and DA office record. . If the record shows that no charges were pressed, you can submit that. Check if DA's office can give you a letter.

You can also try obtaining a letter from the court indicating that their record did not have anything on you.

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aperregatturv

09-05 11:38 AM

Before i begin let me say its my mistake :(

My EAD expires Oct 08 and my lawyer sent me the forms to file in and send it back to him to be filed in Aug 08. But it was delayed by me till last week and was filed yesterday. what are my chances of getting EAD and continue working. In June 08 i went to India and came back using AP so i am not in H1 (i assume).

what should i do if i dont get EAD approved before oct 08?

Thanks:confused:

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Rocky4884

05-26 04:41 PM

Thanks & appreciate your prompt response...

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Steve Mitchell

December 1st, 2003, 01:18 PM

Here's the press release for the new Leica Digilux two.

http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=69&mode=thread&order=0&thold=0

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Anders �stberg

February 26th, 2005, 04:21 PM

Is this anything? It's probably been done many times before...

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maximus777

06-08 11:12 AM

Whatever maybe the motivation, but I hope there are enough politicians like him who depend on immigrant votebanks to push for CIR. Not sure, CIR even if passed would do any good EB. :rolleyes:

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Blog Feeds

11-01 09:10 AM

According to a recent USCIS guidance an employer may not hire an H-1B worker prior to USCIS approving the H-1B petition unless the employee (i) is currently in H-1B status, or (ii) is the beneficiary of a timely filed H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) extension of status petition. If the employee is in another nonimmigrant status, such as F-1 (student) or L-1 (intracompany transfer), the employer must wait until USCIS approves the H-1B petition before hiring the foreign worker.

Under section 214(n) of the Immigration and Nationality Act, a worker who "was previously issued a visa or otherwise provided [H-1B] nonimmigrant status" is authorized to begin working upon the filing of an H-1B petition by his or her new employer. This provision is often referred to as H-1B portability. Congress passed the law to allow employers to hire H-1B workers without having to wait for the government to adjudicate the H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html), a process that can often take several months.

The issue was raised to the USCIS Verification Division after employers received nonconfirmations from the E-Verify system when they hired H-1B workers under H-1B portability and the workers were not, at the time of hire, in H-1B status, or were not the beneficiaries of H-1B extension petitions. In the exchange, the USCIS Verification Division stated that the agency does not consider those employees to be work authorized. Please contact our office for further information.




More... (http://www.visalawyerblog.com/2010/10/h1b_visa_attorney_guidance_reg.html)

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dextro_a

01-23 09:34 AM

I worked with them for almost a year and ran like anything.

They were paying me meager salary even I had a good rate.
They started GC when I asked, which was good
There health insurance sucked
They reduced my salary at the last moment when I gave notice to my last employer. Agreed to give a raise after 6 monhts, never did. When I asked again after 1 year, they wanted to give me 2K raise which was nothing. This was after end client raised the rate by $5/hr
Owner/sales guy are amway, they'll ask you to go to there meetings. Somehow, i saved myself :)
When I left, they canceled my health insurance from a month back even when they have deducted premium from my salary.When I threatened to log a case with DOL then they gave the money (which they deducted) back. Still, I had to pay medical expense for that month (fortunetly it was less then the premium)

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lord_labaku

06-06 11:50 PM

I am sure you would have seen the page below...but it says to ask for a 'duty officer'

http://newdelhi.usembassy.gov/acscontact.html

You can also try to contact your congressmen from your constituency in US to see if they can help out in contacting someone high up.

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Tushita

09-20 05:11 PM

After the biometrics done, what happens next and what is the time frame for EAD, travel documents and I-485 card to be issued? Or What next after the biometrics are done? Please advise.

Cheers,
Tushita
:confused:

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ramaonline

04-06 02:02 PM

I have started a new thread to remind everyone (who has not yet contributed) to contribute for the just concluded Advocacy day.

Take some funds from any money that you put aside this year for charitable causes or temple donations. All that you contribute is money well spent - as eventually it would benefit a number of people and entire families. So helping people better their lives is like contributing to charitable causes. Even $50 is good to start with. Hope that motivates all.

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sri1234

05-26 03:18 PM

Hello, I lost my job today, but I have H1B. So what's the time gap for finding a new job?

Thank you very much.

You should find a new job before you are "off the roles" from your current employer.
One would be out of status the moment "employer-employee" relation ceases/terminates.

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Blog Feeds

06-02 09:40 AM

Kudos to Senator Chuck Schumer for raising the profile of a serious issue - discrimination against same-sex partners in US immigration law. Even as several states are enacting marriage equality laws and anti-discrimination laws are moving forward around the US (including here in my home town of Memphis), the antiquated Defense of Marriage Act prevents USCIS from treating these families fairly. The UAFA would be a huge step forward. The Senate will have its first hearing on the bill tomorrow. My friend Chuck Kuck, president of the American Immigration Lawyers Association, has posted his written statement here. Thanks to reader...

More... (http://blogs.ilw.com/gregsiskind/2009/06/senate-to-have-hearing-on-uniting-american-families-act.html)

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JazzByTheBay

11-28 11:47 AM

I visited the country first ~8 yrs ago as a visitor. I got a job offer from a desi company and they filed for my H1. I was never informed about status of the H1 petition. I was informed I am in status and it was OK to stay longer than the time allowed by my I-94 (in a visitor status).

In the process, I ended up staying about 10 days longer, but then I returned to India, and came back after a couple of months, again as a visitor.

Now I'm on a H1B (8th year) with I-140 approved, but haven't traveled at all, and would like to get a visa issued/stamped in my passport.

I have since lost touch with that employer and they don't seem to be in business any more, nor can the owner be contacted.

I recently learnt from someone that the petition was in fact approved.

I called USCIS, and I was told the employer who filed the petition can file a form (I-824?) to get a duplicate copy, but they need to attach a copy of the original as proof!! *Or I can file a request under Freedom of Information Act*, they're not sure how long that'll take to get processed.

Questions:
1) Will the overstay become a problem? I do not have any documentation of the filing/status/approval of the H1 petition filed at that time.
2) How else can I get a copy of the Approval Notice to prove I wasn't out of status during the less than 2 weeks of overstay about 8 years ago?
3) Will this become a problem with my I-485 (whenever that will be filed with a PD of early 2006)?

Thanks,
Jazz

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gcwait2007

02-29 01:34 PM

1. Including Advertisement, web advertisements, etc, it should take about 3 months for filing PERM

2. Chicago Center is faster.

3. No issues for 2 companies filing PERM LCs for you.

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Asian

10-26 09:35 AM

Hi,

My GC is still a far away thing for me. But I want to know this to prepare potential interview questions.

After getting a Green Card, as far as I know, if you live outside of U.S. longer than 6 months, you lose your Green Card.

Does that also apply if you are dispatched by your company (supposedly big U.S. corporation) to a overseas office for a couple years?

Thank you for sharing your knowledge!

Best,

Asian

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Desibabu

07-23 07:19 PM

I am currently on H4 and it expires in a couple of months. I have my H1 approved for 2008 quota. My husband's H1 expires on sept 2007. we are applying for I-485 next month. Do i need to apply I-765 and I-131 because as per the instructions from my attorney it says the following:

-I-765 or EAD card. If you have valid H-1B valid more than one year and will not change job, you do not need EAD.

-i-131 or Advance Parole. If you have valid H-1 or H-4 visa stamping valid more than one year of if you are Canadian citizen, you do not need AP

Please clarify me whether I-765 and I-131 is required for our case.

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Libra

10-03 03:36 PM

so is that mean yours is EB2 oct 2005 pd? i hope your prediction become true, bcoz mine is mar 2005 EB2 :-))

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coronapup

07-24 08:03 PM

We filed 485 on Jul 2nd. So far no receipt yet.:(
My wife's F1 status is going to expire in Aug. She needs to change her status to H4 now. Will the status change have any negative influence on our 485 application? Do we need to send some amendment regarding the COS?
Btw, which center she needs to send COS this time?:D :D Thanks a lot.

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tejaKamina

12-09 07:14 PM

All,

I am in a bit of confusion and needed some info. I had applied for I-485 during July fiasco and my spouse applied as derivative. We had applied for her H1 extension/transfer through another employer after we filed for I-485 as we did not want her to use EAD. We recently received her H-1 approval without I-94.

I am not sure at this point if she has to leave immediately to get the h1 stamp Or she can continue to stay here as her AOS is pending based on derivative status of my application.

Also will her getting approved without I-94 impact her pending AOS in anyway

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bijualex29

09-07 02:09 PM

I am no longer excited about this update.
Buch of Bull- shit they give.

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EB3Victim

09-20 10:43 PM

The USCIS provided further clarification and instructions on I-140 premium processing following the initial announcement. They listed three types of cases that are not eligible for premium processing, even if they are within the EB3 preference category. These are:

a second I-140 filing, if an initial I-140 remains pending


a labor certification substitution request


a duplicate labor certification requests (i.e. those cases where the original labor certification is not included)

These cases simply have additional processing requirements that cannot be met within the premium processing timeframe. These exceptions are in addition to the EB3 �other worker� cases which, as mentioned above, are not eligible for premium processing.


Go through the below link


http://www.murthy.com/news/n_eb3140.html

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gcpain

06-25 10:53 AM

I was working with employer -A till 2006 and got I140 approved (Feb 2006) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B.


1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

3. Will I485 as future employment has any problems?

4. Can I use AC21 after 180 days on my I485 future employment application?

Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.

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Jinlaw

03-21 03:14 PM

Oh I see, sorry about that! I'll make two threads one for each and maybe delete this one?

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redgreen

11-28 05:59 PM

that is right. NIW - exceptional ability
So what are the details for this category.

By the way, where are the details on eb2 physician application procedure given in USCIS website? USCIS website mentions it and says, "Read more about this particular program", but there are no links to it. I searched and couldn't find anything related to that.


i'm presuming you are not talking about a physician NIW but and exceptional ability category?

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Stan09

03-24 02:40 AM

Hello all,
after I get my GC,
do I still need to file AR11(notify USCIS) every time I change my address?

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gunabcd

06-22 12:13 PM

My birth was regiestered under totally different first name, also DOB is off by 9 days (10th June instead of 1st June). Since the birth is registered they are not issueing non-availability cert. . What to do?

I have both parents affidavits, school leaving cert, 10th class cert, PAN card showing date/place same as that in passport. Filing a civil case in India is the option but it could take more than a year. since my PD is Sep04, my 485 could be processed within months.

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desigirl

05-03 09:03 AM

Ask the Indians (native Indians, but why make the distinction ;) ), they will say every american, non-american in this country is illegal! :D

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Dhundhun

05-03 12:24 AM

Thanks Dhundhun.
To be clear When you say "packets" should i put them within two envelopes?
I was planning on just putting the documents(application and supporting docs) bound by paper clips.
sorry if its a dumb question but this being my first time filing this wanted to be extra sure.

Yes. One envelop for AP and the other one for EAD. Put both envelops in Fedex envelop.

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ajju

02-06 03:15 PM

Answer to your third question :- You can claim moving allowance when you file your tax return

Thanks bombay.. I was not sure on this part as I saw the requirement of 50 miles.. from new job to new home.. So if job remained same.. what to specify...

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dresses Season 4 premiere Sunday,

Premiere Of HBO#39;s quot;True Bloodquot;

FredG

May 20th, 2004, 06:20 PM

agree with the intrigue. might be more readily apparent if more of the foreground were included. but maybe the mystery is part of it. it held my attention til i figured it out too.

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more...

makeup When does True Blood Season 4

posted about the season 4

Prashanthi

06-23 05:04 PM

You would need to take an updated affidavit of support and you latest tax returns if you have filed for any dependents and they have been called for the interview also. Would be useful for you to take the I-140 approval with you. All your original certificates, including birth and marriage, employment letter, W-2's, medicals if the ones that you submitted have expired, you need to follow the list of documents as per the interview letter. If your spouse has been called for the interview you would need to take joint documents and photographs to show that it is a bona fide marriage.

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girlfriend HBO Confirms Premiere Dates

True Blood Credit: HBO True

Syous

03-11 03:39 PM

You look asian in the portrait! =p

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hairstyles June 26 season 4 premiere

Event:HBO#39;s quot;True Bloodquot;

godblessamerica_2009

02-04 01:27 PM

It's not clear what you really mean.

You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?

Besides you should ask for exactly what the risk is.

Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.

I corrected that. It is the attorney who didn't give a positive sign yet

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stxvr

08-08 08:47 PM

Please help ....

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jjlittlegiant

01-03 10:17 AM

Hi people, I am currently applying change of status from H1 to F1. Since my PERM got audit, and my h1 visa is going to expire in the end of January 2009, I need to change my status to F1 student visa in order to stay in the U.S legally. Now, I am trying to fill out the form I-539 by myself, and I got confused on:
part 4. additional information on 3g:"Have you, or any other person included in this application, been employed in the U.S. since last admitted or granted an extension or change of status?"
I don't know should I put "YES" or "NO", I have never done "i-539 for change of status" on my first F1/OPT to H1 visa....but I actually worked in the U.S...
Can anyone help me to answer that? thanks a lot!!!

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