gps001
12-24 07:26 AM
Hi,
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
I have a question:
- H1-B's I-797 is valid, but visa stamping has expired.
- I use AP document to re-enter.
- I do not use EAD at all
After using AP, can I move to a different company by petitioning for H1-B?
The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?
-----------------
Detailed scenario
-----------------
My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.
My questions are:
1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?
2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful
I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.
Thanks
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satishku_2000
10-05 07:03 PM
"How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?"
Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.
Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...
One can present a contradictory argument much more eloquently too.
You have to keep in my mind that "there is no premium processing available for 140 now".
Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....
Good luck with your journey .. you have a pretty long road ahead of ya
Your PD being what it is ..I dont think it really matters in terms of time whether its EB2 or EB3. Honestly I think the best bet is to have an approved 140 ASAP.
Your date becoming current anytime without congressional action is very rare. But Lets assume there is a congressional action and you have a problem with your 140 .. your petition cannot be approved even though your date becomes current. Another important thing to consider is A2P at 140 stage, it depends on your company's size , profitability ...
One can present a contradictory argument much more eloquently too.
You have to keep in my mind that "there is no premium processing available for 140 now".
Convetional wisdom of my attorney is that dont attract unnecessary scrutiny, so far he has been proven right in my case ....
Good luck with your journey .. you have a pretty long road ahead of ya
django.stone
01-25 07:49 PM
Last week, Congressman Jason Chaffetz (R-Utah) introduced the Bipartisan Reform of Immigration through Good Enforcement Resolution in the lower house of Congress. According to Congressman Chaffetz, the resolution does three things: � make E-Verify mandatory for all employers, and hold employees accountable as well; � provide sufficient border infrastructure and manpower to secure and control our borders; and, � reject amnesty and any legal status which pardons those here in violation of our laws. At first I thought this was the usual anti-immigrant measure we expect to see from the folks in the Immigration Reform Caucus. But an interview with...
More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)
With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(
More... (http://blogs.ilw.com/gregsiskind/2010/01/compromises-coming-on-immigration-reform.html)
With democrats in disarray, they would be even afraid of saying the 3 letter word CIR. nothing this year, an election year, so let's start thinking about 2011!. isn't this sad :(
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nfinity
09-14 03:11 PM
Most of us have been severely impacted in life long decisions like
- getting married
- bringing spouse over
- future of children
- immigration to another country
- opening a business
- getting a raise
- promotions
being seen on tv should be the last thing that should come to mind.
- getting married
- bringing spouse over
- future of children
- immigration to another country
- opening a business
- getting a raise
- promotions
being seen on tv should be the last thing that should come to mind.
more...
nixstor
09-21 09:43 PM
Exactly! disable free preview of forums to guests. That will propel the number of members. Even anti immigration folks will count towards the number as it will become inevitable for them to register.
Refugee_New
07-30 11:13 AM
I think it is time for quick action :):)
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
Don't put "difficult" and "spouse" next to each other. WHY? Its because two different words means the same????
I agree with the above poster, that was my first impression as soon as i saw the title. Don't put "difficult" and "spouse" next to each other. There is only one universal meaning for that :)
At least you have a good problem , rather than rotting in various queues for a decade.
Don't put "difficult" and "spouse" next to each other. WHY? Its because two different words means the same????
more...
GCHope2011
05-15 11:25 PM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
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knnmbd
08-30 12:36 PM
I read SKIL bill and it refers to "Exempts U.S.-educated professionals with advanced degrees". I Do not see why an online master degree does not fit in here. Maybe I am missing something :)
This is an excerpt of Section 201.
Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
in the United States from the annual green card (i.e. immigrant visa) cap.
All I was trying to say is that only "accredited" programs might be eligible, and I am not too sure how many online Master's fall in to this bracket, but not too many I guess, except for some of them offered from top-notch schools.
Again, this is just speculation as no one has yet seen the nuances of the bill.
This is an excerpt of Section 201.
Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
in the United States from the annual green card (i.e. immigrant visa) cap.
All I was trying to say is that only "accredited" programs might be eligible, and I am not too sure how many online Master's fall in to this bracket, but not too many I guess, except for some of them offered from top-notch schools.
Again, this is just speculation as no one has yet seen the nuances of the bill.
more...
sdrblr
08-27 02:29 PM
What did your attorney say? I-140 is an employer document and you cannot do anything. Your company's attorney needs to request and I assume he knows how
Hi,
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
Hi,
My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".
But neighter my lawyer not my employer had received the approval notice in mail.
How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?
Thanks,
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lecter
January 6th, 2005, 09:40 AM
Here's the thrid in my "tryptich"
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
more...
dba9ioracle
09-15 03:10 PM
Nice idea.. I am for it.
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lecter
January 6th, 2005, 09:40 AM
Here's the thrid in my "tryptich"
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
more...
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miteshm
07-21 04:03 PM
I am curious - Did you get a receipt notice for your wife? I have E-filed for AP for my family. I have got the paper receipt for me but not for my family. I am wondering if there is a pattern here.
Thanks,
Mitesh
Hi,
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
Thanks,
Mitesh
Hi,
I have absolutely the same story happened to my wife.
I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
Called USCIS on October, November and December 2007. No results.
Took Infopass on January 2008. We were told that we have to apply for a new one.
On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!
On June 2008 we received new AP with Start Date September 2008.
My wife need to travel on August 2008.
I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.
I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.
Any suggestions?
Misha
I485 EB3 filed on July 2, 2007
PD: December 2005
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kumar07
09-12 12:05 PM
Hi Friends,
Here is my Situation;
me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.
Since we both are going for visa interview, I have few concerns regarding our cases:
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
I would appreciate if anyone could help me to find any of the answers.
Thanks.
Here is my Situation;
me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.
Since we both are going for visa interview, I have few concerns regarding our cases:
1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?
2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?
3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?
4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.
I would appreciate if anyone could help me to find any of the answers.
Thanks.
more...
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FinalGC
10-16 01:52 PM
Kambi:
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
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vasa
07-05 10:48 PM
Tell the employer you'll pay for the premium but include you in the company's group insurance.even a normal delivery costs can run into 10K plus the baby has additional costs etc . Did you have group insurance from a previous company?you can continuethat on cobra..its expensive though.good luck
more...
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miguy
02-07 02:21 PM
I paid my lawyer with a single check that had the USCIS fee + Attorney Fee...so I never got back the deposited check.....If I had know about this trick, I would have sent my lawyer two separate checks. Is there any way I can call USCIS and ask them the LIN# ?
All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
Then you can go online and ensure that it's valid and the dates match.
Good Luck,
All rite, SO I read this thread mistakenly- I guess it's your luck or my stupidity.
My lawyer was also Anal to give me my EAC, This is what I did, On the back of the Check that was submitted for 140 will be a stamp from Immigration authorities- You should also see an EAC # if you got that check back or if you can makeup a story saying you need it as part of the documentation.
Then you can go online and ensure that it's valid and the dates match.
Good Luck,
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ita
01-15 06:36 PM
Was planning to call back again.
Thank you.
Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.
Please I humbly request all IV members to call her office.
Thank you
Thank you.
Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.
Please I humbly request all IV members to call her office.
Thank you
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gparr
April 16th, 2004, 03:01 PM
I like the first one best.
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savitri.bhave
07-05 08:52 PM
This is a very basic question and I need answer on this as early as possible and guidance from you.
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
I came to this country in Dec 2001 on H1B Visa.
I never applied for green card since then.
Now on Dec1,2007 my H1B expires so I will have to go back to China.
If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?
Am I even eligible to do so?
Can I go to Canada and still work in USA (Since I live close to canadian border)?
jonty_11
03-26 04:53 PM
I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"
I have to disagree...in this case its the Destination!!!
I have to disagree...in this case its the Destination!!!
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