trueguy
05-21 09:36 AM
Few things:
1. The inventory of Pending I485 is not reliable.
2. If they approve all pending EB2 it means they have to move the PD forward and as they move the PD, new applications will be filed. There are thousands of EB2 labor approved and they are waiting to file I-485
3. Even if there is any spillover to EB3, nobody knows how USCIS will give those spillover number, will they go to EB3-ROW first or they will go as per the PD of Individuals regardless of Country of Origin.
1. The inventory of Pending I485 is not reliable.
2. If they approve all pending EB2 it means they have to move the PD forward and as they move the PD, new applications will be filed. There are thousands of EB2 labor approved and they are waiting to file I-485
3. Even if there is any spillover to EB3, nobody knows how USCIS will give those spillover number, will they go to EB3-ROW first or they will go as per the PD of Individuals regardless of Country of Origin.
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kramesh_babu
07-25 08:08 AM
You should be good as long as the existing Visa is valid when you reenter. Even though the existing Visa stamping is tied to your previous employer, You do NOT have to go for Stamping just because you changed the employer and got the new H1. The IO at Port Of Entry might ask about your current employer and you should mention your new Employer and show the new H1B approval at at that time.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
I hope this helps. Good Luck & Welcome Back!!!
Thanks.
Ramesh.
I have my H1B stamped visa from company A,and is valid till September 2010.I came to India in August 2009 and planning to come back to US in the next month.
Meanwhile i have filed for a H1B tranfer to company B in April'2010 and it was approved in last week.
My question is can i come back to US on my stamped visa from Company A.Is that still valid even after my transfer was approved to Company B ?.
Do i have any problems at port of entry to us ?.
Or do i need to go for H1B stamping for Company B.
please tell me what are my options.any help is greatly appreciated.
gc_kaavaali
07-01 01:04 PM
I think your parents can provide affidavit with your date of birth (incase you cannot get Birth Certificate). And also you need to get another document from municipal saying 'No record found' something. I am not sure. Try to search in this forum. Members discussed sever times on this topic.
I have a question, on 25 june i got a RFE, i have not received it yet neither did my lawyer. The case status shows that both me and my wife got the RFE. I think its most probaly to produce the Birth Certificate.
My wife BC is in the process and i think i will be able to get it by the end of the week.
My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.
PLEASE ADVISE. THANKS IN ADVANCE!!!!
I have a question, on 25 june i got a RFE, i have not received it yet neither did my lawyer. The case status shows that both me and my wife got the RFE. I think its most probaly to produce the Birth Certificate.
My wife BC is in the process and i think i will be able to get it by the end of the week.
My question is that if i am unable to get the BC of my wife in time, is it possible to buy some more days from USCIS. Like CAN USCIS provide SOME ADDITIONAL TIME SO THAT I CAN GET THE BC OF MY WIFE AND THEN SUBMIT. I DONT KNOW WHATS THE DEADLINE IS BUT I BELIVE ITS A VERY CLOSE CALL !!!! AND I MIGHT NEED SOME MORE TIME TO PRODUCE THE BIRTH CERTIFICATE.
PLEASE ADVISE. THANKS IN ADVANCE!!!!
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chanduv23
07-08 12:28 PM
Dear Friends,
We recently moved our place and we are now in a new apartment.
We have immigration matters that needs to be updated but we don't know what we should do?
The following are affected
1. EAD
2. H1B
3. AP
4. I 485 related things.
My Ead and Ap has old address and the card also holds the same old address.
Could you please tell me what steps I must initiate to get this straightened out? Do I need a new EAD card? Please help me.
Thanks a ton!
Just go to online address change and do it for all your petitions.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
We recently moved our place and we are now in a new apartment.
We have immigration matters that needs to be updated but we don't know what we should do?
The following are affected
1. EAD
2. H1B
3. AP
4. I 485 related things.
My Ead and Ap has old address and the card also holds the same old address.
Could you please tell me what steps I must initiate to get this straightened out? Do I need a new EAD card? Please help me.
Thanks a ton!
Just go to online address change and do it for all your petitions.
On another note, is it true that people are getting RFEs when they do address change? Has anyone faced this?
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apimvoice
07-18 11:11 AM
No I didn't point out anything just im sharing the data.And waiting for EB2 to be current.I don't know how the smily comes next to PD?
yogi_naik
11-02 10:59 PM
gurus,
if anybody has expedited AP by going through Infopass (local USCIS office). I wanted to know the below
1) Does that require any additional fees?
2) How long does it take for AP to come thorugh after expedite
3) In three weeks time we are travelling to attend brothers marriage--> is this reason good enuf?
4) Is there any harm or backfire due to trying to expedite through infopass
5) filed 485\ap on July 02. recieved EAD and FP already done.
Note: Appointment for local Infopass is taken for Tuesday
Please respond ASAP
Thanks in Advance
Yogi
if anybody has expedited AP by going through Infopass (local USCIS office). I wanted to know the below
1) Does that require any additional fees?
2) How long does it take for AP to come thorugh after expedite
3) In three weeks time we are travelling to attend brothers marriage--> is this reason good enuf?
4) Is there any harm or backfire due to trying to expedite through infopass
5) filed 485\ap on July 02. recieved EAD and FP already done.
Note: Appointment for local Infopass is taken for Tuesday
Please respond ASAP
Thanks in Advance
Yogi
more...
rsymonds
08-04 06:36 PM
Hi,
Here is my current Status :
I485 : Filed in July 2007
PD : April 2006
EAD : Valid till 27th August 2010 (filed for renewal last week)
AP : Valid till Jan 22nd 2011
H1B : Valid till Jan 22nd 2011
My employer is still the same who filed for my GC (and helping me keep my H1 current) Last couple of time when I went to India I have used AP to re-enter the US. My wife used her EAD to get a job locally - but now she has quite and she is in India. . I am currently in process of getting my H1 stamped on my passport, get H4 for my wife and son (who was born on July 30 2010 in India)
MY QUESTION IS : What should we use to re-enter the US ? AP or H1/H4 ?
Will my H1 and EAD still be valid ? or will I lose one of them ?
Please let me know. I do not want to take a wrong step since I am so close to getting my GC.
RS
Here is my current Status :
I485 : Filed in July 2007
PD : April 2006
EAD : Valid till 27th August 2010 (filed for renewal last week)
AP : Valid till Jan 22nd 2011
H1B : Valid till Jan 22nd 2011
My employer is still the same who filed for my GC (and helping me keep my H1 current) Last couple of time when I went to India I have used AP to re-enter the US. My wife used her EAD to get a job locally - but now she has quite and she is in India. . I am currently in process of getting my H1 stamped on my passport, get H4 for my wife and son (who was born on July 30 2010 in India)
MY QUESTION IS : What should we use to re-enter the US ? AP or H1/H4 ?
Will my H1 and EAD still be valid ? or will I lose one of them ?
Please let me know. I do not want to take a wrong step since I am so close to getting my GC.
RS
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gcdreamer05
02-17 09:49 AM
How did you come to a conclusion there is a huge rejection rate in chennai ?
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viper1400
03-13 02:05 PM
I got the LUD on the same date (Soft LUD) but didn't call to check on the status.
mine is at CSC.
mine is at CSC.
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Anders �stberg
February 3rd, 2005, 02:37 AM
Nice edit Anders. And your version seem to be more in line with the rule of thirds too?
Hmm, didn't quite think about that. Maybe that's why I wrote I'd like more yellow line at the top, it would push the "fork in the road" down more towards a third.
Hmm, didn't quite think about that. Maybe that's why I wrote I'd like more yellow line at the top, it would push the "fork in the road" down more towards a third.
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pappu
09-16 09:54 PM
Does anyone have any names and suggestions on the best lawyers in the US? Dan19, could you please tell me which lawyer the person consulted with who got his LC approved? I have contacted Carl Shusterman and have a phone appointment with him on Monday. Any ideas would be appreciate since I don't have much time left cuz I need response to the letter by Sept 27, which is two weeks from now.
I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise
sent you a PM with my recommendation of a lawyer
I really appreciate everyone's input on my labor certification problem. The letter I got from the labor department is a letter with intent to deny application which means my LC is not denied yet but that they are considering of denying it if I couldn't provide evidence to explain why the job description is restrictive. On the letter however, I am not given the option to readvertise. So my lawyer plans to request for that but he said most likely the Labor department will not grant the consent for me to readvertise
sent you a PM with my recommendation of a lawyer
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vinaykadiyam
01-01 09:13 PM
Thanks for the information.
My port of entry is Chicago. I heard that Chicago port of entry also like newyark. means they will ask so many questions. Is it true?
Kadiv
My port of entry is Chicago. I heard that Chicago port of entry also like newyark. means they will ask so many questions. Is it true?
Kadiv
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determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
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next
07-27 12:34 PM
I changed mine a couple of months ago, I did not receive any RFE.
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Cheran
09-19 04:41 PM
I work for a Government Agency as a H1 employee, I have my EAD as well but dont use it. I am sure the attorneys made sure that its ok to hire a H1 as an employee. Now I am doing an AC21.
Thanks Guys, So I guess it's a possibility?
Thanks Guys, So I guess it's a possibility?
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number30
04-16 02:17 PM
I'm in the process about to use "AC21"
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
SOC Code need not to be included in the EVL. So as long as there is substantial match in the job description you should be fine
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
SOC Code need not to be included in the EVL. So as long as there is substantial match in the job description you should be fine
more...
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webm
02-17 04:36 PM
Which Indian consulate is this??
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ksam75
07-20 12:47 AM
I'm also in the same situation. My attorney says wait till USCIS figures out that there are duplicates and sends a notice to withdraw one of the petitions. Of course, the checks would be en-cashed for both the petitions.
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immi2006
01-05 10:10 AM
As a humble suggestion : Why not pursue an offensive approach ?
Let us show in approx numbers how many Million / Billions of $$$ immigratants can influence the system, and how they can take the money out to put it elsewehre to grow companies/talents..
We always get compared with a grapes picker, let us face facts, we generate so much income for state, savings in banks, investment in property, invest in new seed companies and grow corporate profits, pay huge taxes, and exercising options, means - millions and billions to govt via state taxes, and capital gains. - Who benefits ? The GOVT. When we talk $$$ we make sense to them. If we whine on how the system should be fair and CIR, or SKIL, this will fall in deaf ears. Afterall in US, $ talks.
Look at @ Apple, steve jobs is almost getting aways with all the back , the reason the financial muscle :-( !
Let us show in approx numbers how many Million / Billions of $$$ immigratants can influence the system, and how they can take the money out to put it elsewehre to grow companies/talents..
We always get compared with a grapes picker, let us face facts, we generate so much income for state, savings in banks, investment in property, invest in new seed companies and grow corporate profits, pay huge taxes, and exercising options, means - millions and billions to govt via state taxes, and capital gains. - Who benefits ? The GOVT. When we talk $$$ we make sense to them. If we whine on how the system should be fair and CIR, or SKIL, this will fall in deaf ears. Afterall in US, $ talks.
Look at @ Apple, steve jobs is almost getting aways with all the back , the reason the financial muscle :-( !
grupak
08-15 11:03 AM
I have been asked filled out a new I-9 form; I mailed it to my employer along with the copy of approval notice and plastic card.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
Thanks Wandmaker. Its clear (I think) what to do if you have the plastic... but what if you only have the approval notice I-797 (not the physical green card) and new EAD/H1B (which is not useful now), and need to file a I-9 because the old one is expiring.
Consider a hypothetical situation : current EAD expires August 20, I-9 expires August 20, have a new EAD valid from August 21 for one more year. And also have an approval notice for the green card but no green card yet. If the plastic doesn't come by Aug 20th, can the I-797 for the green card be used to file I-9 and continue employment? The new EAD is probably not valid anymore.
hundal81
05-23 12:23 PM
Sir,
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
I have extended my H1b visa in Sept. 2010. I appeared for interview in New Delhi and submitted my Passport on 20th of April 2011 and today is 23rd of May 2011. What do you think that how much more time can they take?
Regards
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