kshitijnt
06-24 07:44 PM
I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right?
Are there any risks here?
As I read from your post, you are saying that you do not have H1 visa stamped in passport. These days consulates in India are pretty tough and they are issuing 221(g) etc for H1/H4 visa. And you could be denied visa for no fault of yours. It happened to my wife and it took 3 months for the consulate to get the clearance. So think about it. Personally for me AP is a very important document it allows you to travel in case of an emergency.
Are there any risks here?
As I read from your post, you are saying that you do not have H1 visa stamped in passport. These days consulates in India are pretty tough and they are issuing 221(g) etc for H1/H4 visa. And you could be denied visa for no fault of yours. It happened to my wife and it took 3 months for the consulate to get the clearance. So think about it. Personally for me AP is a very important document it allows you to travel in case of an emergency.
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millersoul
12-15 01:31 PM
Hi all,
I graduated this June and started working in a company on my OPT status (valid July 2009 to July 2010) since July until now. In October, my company filed H-1B petition, and on Nov 24, we got approval notice I-797B (without I-94) instead of I-797A, as well as a DENIAL of concurrent change of status.
Shortly after we filed the petition, I took a short trip to my home country and then come back(with OPT status) on Nov 1.
In the notice, it states "...the beneficiary departed the US on Oct. 15 2009, thereby abandoning the requested change of status. As such, the beneficiary has failed to maintain his F-1 status. Accordingly, the concurrent request for change of nonimmigrant status is denied."
I am really confused here because I re-entered the US with my F-1 OPT status on Nov. 1 without any issue.
What should I do now in order to get my H-1B visa? Am I still maintaining F-1 status (legally staying in the US) even if it stated that I have failed to??
Great Thanks in advance!!
MT
I graduated this June and started working in a company on my OPT status (valid July 2009 to July 2010) since July until now. In October, my company filed H-1B petition, and on Nov 24, we got approval notice I-797B (without I-94) instead of I-797A, as well as a DENIAL of concurrent change of status.
Shortly after we filed the petition, I took a short trip to my home country and then come back(with OPT status) on Nov 1.
In the notice, it states "...the beneficiary departed the US on Oct. 15 2009, thereby abandoning the requested change of status. As such, the beneficiary has failed to maintain his F-1 status. Accordingly, the concurrent request for change of nonimmigrant status is denied."
I am really confused here because I re-entered the US with my F-1 OPT status on Nov. 1 without any issue.
What should I do now in order to get my H-1B visa? Am I still maintaining F-1 status (legally staying in the US) even if it stated that I have failed to??
Great Thanks in advance!!
MT
gcwanter
07-03 10:09 AM
as far as what i heard from lawyer
the case to be done by AILA will probably pick up a few cases in particular. But the whole lot who probably applied and will apply in July and get rejected stand to benefit. So my lawyer also advised me to file
bigger question was ; are these applications actually getting rejected?
it will be good to get some directions from IV core as to what are the pros and cons of this..
the case to be done by AILA will probably pick up a few cases in particular. But the whole lot who probably applied and will apply in July and get rejected stand to benefit. So my lawyer also advised me to file
bigger question was ; are these applications actually getting rejected?
it will be good to get some directions from IV core as to what are the pros and cons of this..
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vaaliben
02-18 05:02 PM
ash123
Do you have any update on your EAD status? Because, I too have a similar situation.
Do you have any update on your EAD status? Because, I too have a similar situation.
more...
Saralayar
07-10 05:45 PM
IMO there is a good chance you will qualify for EB2. When doing educational evaluation, you should base your claim on your masters degree. That way you would qualify.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
The worst part is in justifying an EB2 case. As the job market is very bad and many US citizens with the required qualification for the position are available, it will be very difficult for the company to justify that no one in this country is available except you for this position. Lot of big companies are afraid as there is a strict AUDIT that will be enforeced by USCIS in case they have a doubt about the non availability of a citizen for that position.
Blog Feeds
01-13 08:30 AM
As we watch the earthquake destruction in Haiti with horror, one group of individuals that will likely start to get attention is the population of Haitians currently in the US and who are obviously not going to be able to safely return home anytime soon. US immigration law actually has a system to handle precisely this situation. It's called Temporary Protected Status and it is available to individuals who are from country suffering armed conflicts, disasters, or other extraordinary conditions. The Secretary of Homeland Security is empowered to determine which countries are on the TPS list. People in TPS status...
More... (http://blogs.ilw.com/gregsiskind/2010/01/haiti-tps-coming.html)
More... (http://blogs.ilw.com/gregsiskind/2010/01/haiti-tps-coming.html)
more...
chintainfogc
10-28 04:49 PM
Hi,
We (me and my wife) have received RFEs to submit G-325A forms on 9/24/09 and our lawyer submitted the requested documents last week on 10/20/09, on the next day USCIS online status changed to "We have received RFEs documents and this case processing has resumed........" on very next day 10/22/09 online status changed to "RFEs sent......."
Now we (me and my wife) and our lawyer received same RFEs again thoguh our lawyer submitted requested documents.
Please share your thoughts on how should i go from here...should i submit documents again?? or should i take an info pass and try to find out whats gaing on with our cases?
Thanks in advance
chintainfogc
We (me and my wife) have received RFEs to submit G-325A forms on 9/24/09 and our lawyer submitted the requested documents last week on 10/20/09, on the next day USCIS online status changed to "We have received RFEs documents and this case processing has resumed........" on very next day 10/22/09 online status changed to "RFEs sent......."
Now we (me and my wife) and our lawyer received same RFEs again thoguh our lawyer submitted requested documents.
Please share your thoughts on how should i go from here...should i submit documents again?? or should i take an info pass and try to find out whats gaing on with our cases?
Thanks in advance
chintainfogc
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Bpositive
02-12 09:29 PM
I spoke to the immigration contact at the MD congressman in my district. I am sending him the 'letter'. I may also set up a time to meet him. If anyone is interested in joining me, please send me a PM.
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lonedesi
07-27 12:07 PM
Anyone who knows about this issue, please respond
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martinvisalaw
04-09 02:07 PM
The employee cannot pay any of the PERM costs - ads, attorney fees, etc. The employee can pay any part of the I-140 and 485 costs.
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updsoft
09-20 06:25 PM
Hello!
I am in USA since the year 2005 on H1B with company A. I have spent more than 5 years in H1B and during Jan-2010 i changed my status to L1A. Now i have spent nearly 9 months in L1A and a total of 5.9 years in US. Now i am likely to get a job in company B. My questions are :
1. Is it possible for me to change from L1A to H1B again?
2. If it is possible to change from L1A to H1B, Is my 9 months spent on L1A will be added to my H1B quota of 6 six years? (i.e i already spent 5 years in H1B and and 9 months in L1A).
3. If this 9 months is NOT added to my H1 then i am okay but if it is added, will that be a constraint for me to apply for green card in company B. please advise.
thanks
I am in USA since the year 2005 on H1B with company A. I have spent more than 5 years in H1B and during Jan-2010 i changed my status to L1A. Now i have spent nearly 9 months in L1A and a total of 5.9 years in US. Now i am likely to get a job in company B. My questions are :
1. Is it possible for me to change from L1A to H1B again?
2. If it is possible to change from L1A to H1B, Is my 9 months spent on L1A will be added to my H1B quota of 6 six years? (i.e i already spent 5 years in H1B and and 9 months in L1A).
3. If this 9 months is NOT added to my H1 then i am okay but if it is added, will that be a constraint for me to apply for green card in company B. please advise.
thanks
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Tranter
08-06 02:46 PM
good
more...
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sammyb
02-16 11:57 AM
DS 157 is required based on age of the applicant ... your dad may not need but your mom need it ... pls check the vfs site for age range for DS 157 ...
hope this helps
HI,
I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.
So the final list of documents it generated was :
Dad's ds 156, Mom's ds 156,157 , interview letter.
Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?
Thank you for your time.
hope this helps
HI,
I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.
So the final list of documents it generated was :
Dad's ds 156, Mom's ds 156,157 , interview letter.
Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?
Thank you for your time.
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nuke
08-22 10:02 AM
USCIS has been saying that they control the flow of visa numbers because they are expecting huge rush of 245i cases. But is there any law or clause which says that they have to work in sync with DOL. I think what the law says is that they should approve the received cases accroding to priority dates and don't have to collaborate with any other department or agency. What makes USCIS so sure that all the cases at DOL will be certified and eventually come to 485 stage. If they are so sure that all of these cases will be certified then why do we even need labour certification process. I think we should lobby the USCIS to release a quarter of yearly quota every 3 months and concentrate on already filed cases and not on whats expected.
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
more...
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gc28262
05-11 10:14 PM
This is standard message when USCIS receives an RFE response. I had the same message when USCIS received my I140 rfe response.
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gcformeornot
08-08 09:59 AM
^^^^^^^^^bump^^^^^^^^^
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GCBy3000
11-13 02:57 PM
Thanks for your contribution. But why are you posting this message here? There is no waldenpond in this thread and it is not related to contribution.
WaldenPond,
Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......
Friends ,
I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..
WaldenPond,
Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......
Friends ,
I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..
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reddy_h
08-18 10:08 PM
Hi All,
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
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colemancol
12-09 09:22 AM
Hello,
According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI�s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.
According to my knowledge the majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI�s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" which will be further reviewed manually.
vkotval
03-27 05:12 PM
I think people on H1/H4 are not eligible for medicare. I think you need to be a permanent residence or citizen to avail medicare benefits.
newh1user
01-22 03:16 PM
my new company filed h1 transfer on premium on 17 of jan and got fedex delivery on 18th .I have to join this company asap..so I have few question
1. can i join this company even the receipt is not available?
2. how long its take to get the receipt and approval in premium processing?
3. is there any chance to denied if yes what are those factors if any one come accross?
1. can i join this company even the receipt is not available?
2. how long its take to get the receipt and approval in premium processing?
3. is there any chance to denied if yes what are those factors if any one come accross?
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