pali
11-01 10:50 AM
Also can you let me know if its OK for my wife to stay legally here with the receipt from the I-539 filing. The processing time at California center says they are currently processing I-539's from June'07
Thanks
Thanks
wallpaper War of the Worlds 2: The Next
Horace Jones
07-15 09:12 AM
I agree that option B is the correct choice. They are looking for you to have a stable residency, so having it established as the application time nears makes the most sense. Still, I would consult with an expert or an attorney if you have the opportunity.
Michael chertoff
03-08 11:53 AM
Please see your PM
Please share the information with everybody. I am also in same situation.
Thanks
MC
Please share the information with everybody. I am also in same situation.
Thanks
MC
2011 house War of the Worlds 2: The
paulkurni
07-18 01:52 PM
Hello Experts,
Little bit of background. I have been working on h1 since 2003 and applied labor in Mar 2005.
I have was able to get my application with 2007 filers. Got my 140 approved last year and ead and FP done as well. My GC sponsoring company is a desi consultancy, which is helpful to a certain extent and I have been with them since 2004.
I am in a bit of a dilemma now. The client, where I have been working for last few years, have instated a new policy in which contractors must be on W2 with the vendors. Vendor I am working with is not big and like any other consultancy (Tek, comsys), will fire if you don't have a project for 15-20 days. In the past, I wouldn't have bothered even thinking about this and moved on for another project but because of recession and difficult job market and I am contemplating this move.
After doing research, I am thinking of the following strategy.
I will transfer my h1b with the vendor and will not use EAD. Plan to work with the vendor for as long as possible and when the contract ends move back with the GC sponsoring employer. I am going with assumption that the GC sponsor will not revoke my 140 (even though it shouldn't matter as I am past 180 days with 485 and 140 is approved) and when the contract ends I have something to fall back on to. Doing that could secure me if USCIS asks EVL in future and I can simply my GC sponsoring company to show that for future employment. Also, I want to keep h1b as a way to bring my wife (if and when, with divine intervention, I get married somehow).
Do you think if this is a viable solution? Any suggestion is welcome.
Little bit of background. I have been working on h1 since 2003 and applied labor in Mar 2005.
I have was able to get my application with 2007 filers. Got my 140 approved last year and ead and FP done as well. My GC sponsoring company is a desi consultancy, which is helpful to a certain extent and I have been with them since 2004.
I am in a bit of a dilemma now. The client, where I have been working for last few years, have instated a new policy in which contractors must be on W2 with the vendors. Vendor I am working with is not big and like any other consultancy (Tek, comsys), will fire if you don't have a project for 15-20 days. In the past, I wouldn't have bothered even thinking about this and moved on for another project but because of recession and difficult job market and I am contemplating this move.
After doing research, I am thinking of the following strategy.
I will transfer my h1b with the vendor and will not use EAD. Plan to work with the vendor for as long as possible and when the contract ends move back with the GC sponsoring employer. I am going with assumption that the GC sponsor will not revoke my 140 (even though it shouldn't matter as I am past 180 days with 485 and 140 is approved) and when the contract ends I have something to fall back on to. Doing that could secure me if USCIS asks EVL in future and I can simply my GC sponsoring company to show that for future employment. Also, I want to keep h1b as a way to bring my wife (if and when, with divine intervention, I get married somehow).
Do you think if this is a viable solution? Any suggestion is welcome.
more...
fromnaija
09-08 11:57 AM
Reduce the employment-based immigration backlog — DHS QHSR Discussions (http://www.homelandsecuritydialogue.org/dialogue2/immigration/ideas/reduce-the-employment-based-immigration-backlog)
hibworker
11-22 05:57 PM
Thanks a lot for your suggestion,
Can you please brief me out regarding the procedure . I know this sounds very basics but I am pretty new to the country and the procedures .
Hope you understand ,
Thanks in advance,
Narasimha
At any International Airport go to US Customs and Border Protection Office. Show then the I-94 with incorrect name along with your passport that has the correct name and they will be able to fix the issue.
Can you please brief me out regarding the procedure . I know this sounds very basics but I am pretty new to the country and the procedures .
Hope you understand ,
Thanks in advance,
Narasimha
At any International Airport go to US Customs and Border Protection Office. Show then the I-94 with incorrect name along with your passport that has the correct name and they will be able to fix the issue.
more...
ZeroComplexity
11-25 06:25 PM
Looks like you have too many people checking status at your company :)
Remember USCIS server sees the IP address of the proxy...
I can understand if someone is calling too many times. Looks like the USCIS computers are also feeling fed up. :p
Check the message I got when I was trying to see the details of my case online
"It was reported to us that your IP address or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. In order to avoid this issue, please create a Customer account (single applicant) or a Representative account (representing many individuals)."
I am logging in after many days and I was checking it for the first time today
Remember USCIS server sees the IP address of the proxy...
I can understand if someone is calling too many times. Looks like the USCIS computers are also feeling fed up. :p
Check the message I got when I was trying to see the details of my case online
"It was reported to us that your IP address or internet gateway has been locked out for a select period of time. This is due to an unusually high rate of use. In order to avoid this issue, please create a Customer account (single applicant) or a Representative account (representing many individuals)."
I am logging in after many days and I was checking it for the first time today
2010 2011 war of the worlds 2.
CRAZYMONK
03-18 08:56 AM
I think your first point is valid. I would do the same thing. If you are using AP, I don't think you need to go for stamping.
Your second point is some what complicated. As your H1 is expiring in April, if you renew it later in July, it might go for consular processing, which means that you won't get the I 94 with the approval notice. In that case you need to reenter uisng a valid visa.
Your second point is some what complicated. As your H1 is expiring in April, if you renew it later in July, it might go for consular processing, which means that you won't get the I 94 with the approval notice. In that case you need to reenter uisng a valid visa.
more...
abd
09-20 04:01 PM
Substitue labor is excluded
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ramus
06-04 01:22 PM
Thank You Jay..
I wish members spend more time on action items then spending time on finding bill text... Bill text is already on IV home page.
I wish members spend more time on action items then spending time on finding bill text... Bill text is already on IV home page.
more...
nsn1234
07-27 12:11 AM
Hi,
my original labor got approved with a PD in July 2007 with Company A who is my current employer. I also applied for a seperate 140 based on a pre-approved labor in July 2007 with Company B and the PD for that labor is in 2005.
i was told that i can apply for 140/485 with my original labor and once the 140 for the pre-approved labor is approved, i can request for replacing the 140 with the other one with an earlier PD.
could any one repalce the 140 like this? if yes, how long it took for the process. does both 140 needs to be approved to do the interfiling?
what details we need for the 140 that we want to use. just the filing date, A# & approval date or the original or copy of the approval notice.
if Company B or its attoreny is not willing to provide the 140 details or approval notice, is there any way to get those details from INS.
i dont have any details with me except that i know that they applied for 140.
my original labor got approved with a PD in July 2007 with Company A who is my current employer. I also applied for a seperate 140 based on a pre-approved labor in July 2007 with Company B and the PD for that labor is in 2005.
i was told that i can apply for 140/485 with my original labor and once the 140 for the pre-approved labor is approved, i can request for replacing the 140 with the other one with an earlier PD.
could any one repalce the 140 like this? if yes, how long it took for the process. does both 140 needs to be approved to do the interfiling?
what details we need for the 140 that we want to use. just the filing date, A# & approval date or the original or copy of the approval notice.
if Company B or its attoreny is not willing to provide the 140 details or approval notice, is there any way to get those details from INS.
i dont have any details with me except that i know that they applied for 140.
hot Worlds 2: The Next Wave
mdmd10
05-12 01:14 PM
Thank you all for your responses.
Actually I wanted to know if one doesn't go out of the country and stays back in the US, and remains unemployed for whatever reason for say 6 month or more- medical, personal etc or perhaps just take a break.
Actually I wanted to know if one doesn't go out of the country and stays back in the US, and remains unemployed for whatever reason for say 6 month or more- medical, personal etc or perhaps just take a break.
more...
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dreamworld
06-21 01:41 PM
There is 180 days rule for h1b without pay and also it is employers responsibility to pay when you are out of project. Also think about option of switching her back to h4.
Looks like you need a clear advise on this. Please consult with an attorney.
Looks like you need a clear advise on this. Please consult with an attorney.
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saibaba
12-05 12:20 AM
thanx for the info lakshmi...
more...
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Mount Soche
05-06 03:32 PM
You will apply when your number is current on the visa bulletin.
your interview will be scheduled in the 2011 fiscal yr which starts in october.
you can adjust the status in the u.s but be careful with this as the backlog can make it a long wait or you can go home or to the country of last foreign residence and get it done the same day.
any extra questions, send me a private note - i am very familiar with this process.
in the meantime, start collecting your documents for the interview as instructed in the package you will have received.
your interview will be scheduled in the 2011 fiscal yr which starts in october.
you can adjust the status in the u.s but be careful with this as the backlog can make it a long wait or you can go home or to the country of last foreign residence and get it done the same day.
any extra questions, send me a private note - i am very familiar with this process.
in the meantime, start collecting your documents for the interview as instructed in the package you will have received.
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rsk73
10-12 04:11 PM
Hi All,
I have an approved I-140 from an employer X. I-140 was approved 2 years ago. And last year I left X company and took a full time position. Since X is my frined he did not mind leaving his company at that time.
I applied for 485 in July as a future employee for X using that approved I-140. I got EAD and AP also.
Now we got into some money issues and he wants to revoke my I-140/I485?
Can he do that?
Please advice.
Thanks in advance.
I have an approved I-140 from an employer X. I-140 was approved 2 years ago. And last year I left X company and took a full time position. Since X is my frined he did not mind leaving his company at that time.
I applied for 485 in July as a future employee for X using that approved I-140. I got EAD and AP also.
Now we got into some money issues and he wants to revoke my I-140/I485?
Can he do that?
Please advice.
Thanks in advance.
more...
makeup Worlds 2: The Next Wave
OLDMONK
07-19 07:03 PM
my GC application was done in 2001 via my mom who is a GC holder.
Will IV assist in legal non employment based GC application?
or is IV only active in employment based GC issues?
:confused:
Please read using the following link what IV Stands For. (IV is not a Law Firm) but is a group of Skilled Immigrants who are in process of immigrating, most if not all under employment categories. (EB) where sponsorship of petition/person is via an Employer.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47
Will IV assist in legal non employment based GC application?
or is IV only active in employment based GC issues?
:confused:
Please read using the following link what IV Stands For. (IV is not a Law Firm) but is a group of Skilled Immigrants who are in process of immigrating, most if not all under employment categories. (EB) where sponsorship of petition/person is via an Employer.
http://immigrationvoice.org/index.php?option=com_content&task=view&id=5&Itemid=47
girlfriend War.of.the.Worlds.2.The.Next.Wave.(2008).DVDRip.
martinvisalaw
09-10 12:05 PM
The US Department of State has released the new Visa Bulletin (http://travel.state.gov/visa/frvi/bulletin/bulletin_4575.html) for October 2009. In family-based categories, there is very slight movement forward, but just by a few weeks or months in most categories. However, Family 1st Preference for Mexico moves forward by 17 months
Employment-based categories remain "Current" for all 1st preference applicants, and for 2nd preference from Mexico, China, and countries other than India and China.
The biggest change is that the bulletin once again lists priority dates for 3rd Preference and Other Workers. These categories have been "Unavailable" since the May 2009 bulletin. Unfortunately, the priority dates listed on the October bulletin are all at least a few weeks behind the dates listed the last time, in the April bulletin. This may be the Visa Office being conservative in its first allocation of numbers for the new fiscal year. Let's hope so, and hope that they move forward in the next few months.
Employment-based categories remain "Current" for all 1st preference applicants, and for 2nd preference from Mexico, China, and countries other than India and China.
The biggest change is that the bulletin once again lists priority dates for 3rd Preference and Other Workers. These categories have been "Unavailable" since the May 2009 bulletin. Unfortunately, the priority dates listed on the October bulletin are all at least a few weeks behind the dates listed the last time, in the April bulletin. This may be the Visa Office being conservative in its first allocation of numbers for the new fiscal year. Let's hope so, and hope that they move forward in the next few months.
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gcseeker2002
01-03 09:54 AM
Labor substitution is not an option anymore. I have PD Dec 2002 EB3 India working on EAD.
I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
What is a probable timeline for Eb3 to Eb2 porting ? If we are already using EB3 EAD and not renewed old H1b, is it still possible to apply for Eb2 labor ?
Thanks.
I am trying to pursue EB3 to EB2 porting. Risky but possible technically.
What is a probable timeline for Eb3 to Eb2 porting ? If we are already using EB3 EAD and not renewed old H1b, is it still possible to apply for Eb2 labor ?
Thanks.
gc750
01-02 06:37 PM
Hello Freinds,
I came to India on a vacation and went for a H1 stamping on 29th Dec at the Chennai consulate. I ended up getting the famous Pink 221G (Additional Admin Processing - AAP). I believe it is because of my muslim name (I am not a consultant or working for any consulting firm, full time employee with my comp's IT department, work for a reputed manufacturing company and done MS here in USA, been in USA for 9 years now, had previous F1, and H1 stampings).
The VO asked very basic questions (who is the employer, what they do, where did you go to school, what majors) and didn't take any of my documents except the D156, D157 & Employee letter. She said my visa is approved, however I will have to go through AAP and will have to wait for 4 to 12 weeks.
I am planning to wait till the end of January and if nothing moves ahead in my case, then go back to USA on Advance Parole (Based on the experience from other members who were stuck in 221G and who travelled back on AP), and come back to India once the 221G is cleared, and the consulate requests to send Passport.
One of my personal concerns about this approach, does the consulate consider my visa applicaton abondoned if they find out that I have already entered US (using AP)? and will it have any issues in the future with my pending AOS?
Has anyone gone through this similar situation (that they travelled on AP while H1 is in 221G status) and got successful stamping after the consulate has requested to send the Passport.
Anyone please share your experience in the above situation........
Also if am returning to USA on AP, do I have to show the I797, so the Immigration officer puts the expiration date on the I94 as the date on the I797
Any suggestions will be greatly appreciated.
I came to India on a vacation and went for a H1 stamping on 29th Dec at the Chennai consulate. I ended up getting the famous Pink 221G (Additional Admin Processing - AAP). I believe it is because of my muslim name (I am not a consultant or working for any consulting firm, full time employee with my comp's IT department, work for a reputed manufacturing company and done MS here in USA, been in USA for 9 years now, had previous F1, and H1 stampings).
The VO asked very basic questions (who is the employer, what they do, where did you go to school, what majors) and didn't take any of my documents except the D156, D157 & Employee letter. She said my visa is approved, however I will have to go through AAP and will have to wait for 4 to 12 weeks.
I am planning to wait till the end of January and if nothing moves ahead in my case, then go back to USA on Advance Parole (Based on the experience from other members who were stuck in 221G and who travelled back on AP), and come back to India once the 221G is cleared, and the consulate requests to send Passport.
One of my personal concerns about this approach, does the consulate consider my visa applicaton abondoned if they find out that I have already entered US (using AP)? and will it have any issues in the future with my pending AOS?
Has anyone gone through this similar situation (that they travelled on AP while H1 is in 221G status) and got successful stamping after the consulate has requested to send the Passport.
Anyone please share your experience in the above situation........
Also if am returning to USA on AP, do I have to show the I797, so the Immigration officer puts the expiration date on the I94 as the date on the I797
Any suggestions will be greatly appreciated.
jv101
05-20 12:46 PM
I'm working for Company A and this is my 7th year on H1-B.
I got three years extension last year which is good until Aug'2012 through companyA.(Based on approved I-140 from my previous employer).
My previous employer withdrew my I-140 petition but luckly after getting my 3 year extension with Company A.
Actually,I didn't know that my previous employer had withdrawn the I-140 petition.(Online case status was showing it as approved.) q
I got a very good offer from Company B but I didnt want to take chances with USCIS,so I've told them that I would join only after approval.
CompanyB applied for my H1-B peition asking for 3 year of extension based on I-140 approval.
I was told today that my CompanyB H1-B petition has been denied because of I-140 withdrawal from my previous employer.we didnt know about this because the online case status for I-140 was still showing as approved.
Question
1)Since I've a valid visa until 2012 with Company A. Can company B reappeal the decision asking for H1-B transfer only until 2012.
2)Does the denial has any impact on my current Company A's H1-B petition.
I know it's a tough one but I do appreciate your feedback/help on this issues.
Thanks,
V.
I got three years extension last year which is good until Aug'2012 through companyA.(Based on approved I-140 from my previous employer).
My previous employer withdrew my I-140 petition but luckly after getting my 3 year extension with Company A.
Actually,I didn't know that my previous employer had withdrawn the I-140 petition.(Online case status was showing it as approved.) q
I got a very good offer from Company B but I didnt want to take chances with USCIS,so I've told them that I would join only after approval.
CompanyB applied for my H1-B peition asking for 3 year of extension based on I-140 approval.
I was told today that my CompanyB H1-B petition has been denied because of I-140 withdrawal from my previous employer.we didnt know about this because the online case status for I-140 was still showing as approved.
Question
1)Since I've a valid visa until 2012 with Company A. Can company B reappeal the decision asking for H1-B transfer only until 2012.
2)Does the denial has any impact on my current Company A's H1-B petition.
I know it's a tough one but I do appreciate your feedback/help on this issues.
Thanks,
V.
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