abhijitp
06-21 09:07 AM
Thanks Raj. No, I do qualify for EB-2 so I would not want to apply under EB-3, but I just don't know if the attorneys filed everything (e.g progressive experience letters) appropriately, if not, what happens? Hopefully an RFE.
If it instead got rejected, so would the I-1485 (AOS) application that depends on it right?
If it instead got rejected, so would the I-1485 (AOS) application that depends on it right?
wallpaper Selena Gomez#39;s Colorful and
anirudh74
08-08 09:19 PM
I am sorry to say , but I have not seen any results from IV as well , they seem to be in the same boat as us, wait , wait and wait more, things will take care of themselves over time, seems to be the strategy.
piyu7444
07-03 01:27 AM
H1B transfer pending & going out of US for 3 days.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
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waitnwatch
05-08 11:27 PM
no offence taken njboy, i realize that you were honestly trying to help.... i was just trying to alert you that people could be sensitive to such things and during these times when we need to work together it just helps that extra bit to word our emails with care.
good luck and hope we can collectively work ourselves out of this immigration mess.
good luck and hope we can collectively work ourselves out of this immigration mess.
more...
rb_248
03-31 08:54 PM
What about you? your PD is current right? any chance that you will get it soon?
Already got it....last September. Thanks for asking.
Already got it....last September. Thanks for asking.
sanjay02
08-04 03:00 PM
Dude whats the consulting company name? If you want to land your employer in soup send his details to Dept of labor at "info@dol.gov"
more...
PavanV
09-06 02:28 PM
Boss,
Even in India some of the southern states dont like speaking in Hindi. In India, it is all about showing off, if your kid is here in US (as a slave on H1 B), Badi garv ki bat hai in India, dollar mein paisa banara hai na, isliye. The trend is more in AP (by the way i am from AP), where almost every family has one or more living and earning in phorein currency. As long as the native country cannot produce jobs for all (without reservations) and a decent standard of living, people will steal, lie, deceive, kill to come here to the US, and i guess they don't mind waiting for 20 yrs living as bounded slave, after all it is better here than the slum's isn't it ?
(Satire included :))
Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.
Even in India some of the southern states dont like speaking in Hindi. In India, it is all about showing off, if your kid is here in US (as a slave on H1 B), Badi garv ki bat hai in India, dollar mein paisa banara hai na, isliye. The trend is more in AP (by the way i am from AP), where almost every family has one or more living and earning in phorein currency. As long as the native country cannot produce jobs for all (without reservations) and a decent standard of living, people will steal, lie, deceive, kill to come here to the US, and i guess they don't mind waiting for 20 yrs living as bounded slave, after all it is better here than the slum's isn't it ?
(Satire included :))
Well, first you need to learn basic English first. You should have written "Can we write in English?" rather than "Can we speak English?" as on these boards we write, we do not speak. And for your information, if any posts (In Hindi) are valuable, people of other nationalities will learn Hindi to gain knowledge out of those posts. So please don't worry much about other people writing in Hindi. I understand that you may be a born slave but do not impose your slavery attidue on others.
2010 Selena Gomez Promotes Dream
NolaIndian32
02-13 02:03 PM
This is one IV you don't want to be left without: IV - Immigration Voice, working for the Employment Based Legal Immigrant Community
more...
gc28262
03-26 07:10 PM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
Can this create an issue while IO is working on my 485 application?
Have you gone out of the country and came back to USA on H1B visa after that ?
If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).
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sathyaraj
12-17 03:57 PM
Identify what is the job code in your LC and try to compare the new job duties in the similar category. If you happen to fall within the same group then you are fine. like within 15.****
http://online.onetcenter.org/link/summary/15-1051.00
Try to identify the job code of ur new job, then you will be able to compare.
Hire an attorney before taking any major descisions.
http://online.onetcenter.org/link/summary/15-1051.00
Try to identify the job code of ur new job, then you will be able to compare.
Hire an attorney before taking any major descisions.
more...
Munna Bhai
02-08 11:59 AM
You want to keep your 140 intact for 2 reasons:
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
1. To port the priority date for future use in a subsequent Greencard petition.
2. To get more H1 extensions based on this 140, until you have another labor and 140 going on with new employer.
First, about 1:
There is a lot of information on this thread about priority date transfers (http://immigrationvoice.org/forum/showthread.php?t=912)from old approved 140 to a new 140. Read that thread and you will learn all you want to learn and all the information out there in the immigration world about PD transfer from one 140 to another 140.
In a nutshell:
Its a grey area of the law. If your 140 is never revoked, you would be fine and able to port your priority date. If it is revoked for fraud and willful misrepresentation, then you cannot port that PD under any circumstances. If 140 is revoked by employer then it falls into grey area. USCIS adjudicator's field manual says that you can still port your PD. The code of federal regulations says that you cannot. Currently USCIS is porting priority dates even if employer has revoked that 140, and they are following the AFM(adjudicator's field manual). However that can change in future. Legislation trumps regulation and regulation trumps the adjudicator's field manual. For now, things are great as AFM is being followed.
About 2:
If you have an H1 approved for 3 years after 140 approval, and you transfer jobs to a new employer and get another H1. You should be fine. If your previous employer cancels your I-140 after you leave and go to another employer, then USCIS will not go back and cancel your H1 because it was based on an approved 140 that is now revoked. This is what is happening as of now. At the time of H1 transfer to your new employer, your 140 should be in good status and you should have a photocopy of your approved 140. Once your H1 transfer is done (probably will have same end-date as the current 3-year H1 from your current employer), if the 140 is revoked AFTER that, then you should be fine. I am saying this based on advice from a very good lawyer.
Now, in far future, USCIS may decide to go and look for H1s that were approved based on approved 140 and then if that 140 is revoked, then they would go and cancel that H1 also. Its very very unlikely that they would do that even in future. They dont have that kind of resources to keep track of H1s based on 140 approvals and then go back and cancel them whenever some disappointed employer revokes 140.
About preventing 140 from being revoked:
I do not think that by changing lawyers, you can stop the previous 140 from being revoked. Your previous employer, for any reason, can get that 140 revoked with any lawyer they choose, regardless of who your current lawyer is. Lawyers are tied to clients, not petitions and cases. However, if someone knows more about this, please post here.
Thanks, please let everyone know if by changing lawyers is there anyway of protecting I-140 from being revoked?? or is there any other way out??
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LookingForGC
01-14 06:33 PM
Congratulation. Enjoy your freedom.
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gps001
12-26 04:25 PM
Thanks for your response. Only NLSUBBU has had some experience. I have seen his messages in some other queries too. But more often, I have seen that people suggest that its better to get a H1-B stamped, just to make sure that you don' t need to renew your AP every year.
The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.
Thanks again.
I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts
The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.
Thanks again.
I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts
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sidm
03-29 07:34 PM
^^Who do we contact ....?
Anyways, it looks like it will be very difficult to do this for people who were forced back into Universities - to do this the current I-20 must be invalidated and a new one issued by the original institution from which the candidate graduated and got the OPT
Any ideas....?:confused:
Anyway there still might be some hope in the H1 lottery....
Anyways, it looks like it will be very difficult to do this for people who were forced back into Universities - to do this the current I-20 must be invalidated and a new one issued by the original institution from which the candidate graduated and got the OPT
Any ideas....?:confused:
Anyway there still might be some hope in the H1 lottery....
more...
pictures Iphotos198710 Selena Gomez.jpg
nonimmi
06-20 01:44 PM
If the visa is already expired, you better wait to get the travel documents (AP) so you don't need to go for stamping.
If you use AP to go and return without stamping new H1, can you continue working with H1 or you've to use EAD? And if you use EAD, can you be with current employer?? This is confusing!! :confused:
If you use AP to go and return without stamping new H1, can you continue working with H1 or you've to use EAD? And if you use EAD, can you be with current employer?? This is confusing!! :confused:
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the_googly
08-22 02:14 PM
ND: Jun 26 08
Approved on Aug 19th 08
Don't worry.. they are catching up.
Approved on Aug 19th 08
Don't worry.. they are catching up.
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mhathi
05-16 11:19 AM
I have called all the members identified on the thread. They
were all nice to talk to and most of them said that they were
receiving a lot of calls regarding these bills. Many completed my
request for me :D
Let's all call and make these bills a reality.
P.S. I also called Sen. Menendez regarding the Murray amendment but
had to leave a voicemail.
were all nice to talk to and most of them said that they were
receiving a lot of calls regarding these bills. Many completed my
request for me :D
Let's all call and make these bills a reality.
P.S. I also called Sen. Menendez regarding the Murray amendment but
had to leave a voicemail.
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mytrix76
01-11 07:54 AM
You Can work for the same Employer On H1 even after entering US on AP.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
Thanks for the response. Can you please tell me how you were able to confirm that one can continue on H1 with same employer. Did you do this personally or did you hear from an attorney. The reason I am asking is that I want to be completely sure about it before I implemented it
Thanks again.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
Thanks for the response. Can you please tell me how you were able to confirm that one can continue on H1 with same employer. Did you do this personally or did you hear from an attorney. The reason I am asking is that I want to be completely sure about it before I implemented it
Thanks again.
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jettu77
10-05 02:15 PM
I am a July 2nd filer, sent my app to NSC and got transferred to TSC , received the receipts on Sept 6th and the notice date is Sept 4th.
I was on phone with NSC customer support and was asking about AP status and the rep was saying that they are currently processing June 17th 07 AP documents and they process by the date the app's get entered into their system.
Rep asked me to wait for 90 days from the notice date for AP status.
I am not sure if this is correct and wanted to see if any one is in the same situation.
I was on phone with NSC customer support and was asking about AP status and the rep was saying that they are currently processing June 17th 07 AP documents and they process by the date the app's get entered into their system.
Rep asked me to wait for 90 days from the notice date for AP status.
I am not sure if this is correct and wanted to see if any one is in the same situation.
sam_hoosier
03-26 10:18 AM
I am hoping to travel via emirates to bangalore..I have avoided other airlines due to transit visa issues...any experince using Emirates??.
I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)
I have traveled on Emirates to Chennai a couple of times but that was via London. Emirates is definitely among the top 5 airlines in the world in terms of customer service. Nice & comfirtable seats, great food, transit at Dubai was a breeze. Would definitely recommend :)
s_r_e_e
11-27 01:58 PM
i think applying I140 is the labor substitution..it is good possibility that the desi consulting is playing games
