Phaedra
05-30 06:45 PM
Thanks a lot for the information.
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
Thanks!
wandmaker
07-06 11:47 AM
Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US.
Thanks.
It does not matter, as long as your AP is valid, you can use it enter US.
Thanks.
It does not matter, as long as your AP is valid, you can use it enter US.
prash20
05-29 09:26 PM
the reason for denial was regarding the Company B , they were saying that Company B doesnt qualify as a employer or agent so cannot employ me
The transfer was from Company A h1 to Company B h1 not from university h1 to compnay B h1
The transfer was from Company A h1 to Company B h1 not from university h1 to compnay B h1
sin94
06-30 06:16 PM
I had an appointment on the 9th but have not received any cancellation notice yet. I am in NJ and would request if people can mention for which USCIS location were the fingerprinting appointments for?
This would be my 2nd fingerprinting appointment. The first one in 07 costed us money and messed up my vacation when our laywers said not to miss it.
Its not like I grown new fingers already!
This would be my 2nd fingerprinting appointment. The first one in 07 costed us money and messed up my vacation when our laywers said not to miss it.
Its not like I grown new fingers already!
more...
vandanaverdia
09-10 02:59 PM
Thanks drona for your support!
Fellow Washingtonians & Oregonians, please join in & support the cause....
Fellow Washingtonians & Oregonians, please join in & support the cause....
cessua
04-05 03:53 PM
I am in a similar situation, i am on my 5th year H1B ROW and my laywer sent in the I485 before the retrogression started but i still have to wait for the PD to be current.
I am finishing an MBA in two months and i have had a few interviews but not sure what the wisest thing is.
Advise?
I am finishing an MBA in two months and i have had a few interviews but not sure what the wisest thing is.
Advise?
more...
naveenarjun
06-04 10:25 AM
This is the text that i see on Govtrack.us
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
You are looking at the OLD bill
http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
Are we missing some thing here, I see SKILL is part of this draft!!:confused:
You are looking at the OLD bill
deecha
02-26 02:28 PM
Follow your own advice. You are incorrect here.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
Out of Status is forgiven for I-130 Spouse of US Citizen as long as entry into USA was a legal one.
Rules are different if I-485 application is filed based on marriage to US citizen.
__________________
Not a legal advice.
Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.
On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.
more...
gc_kaavaali
06-28 05:05 PM
Read carefully. It says 'However, there is an exception for people in H, L, K or V'. You are not on H1 right. That condition won't applicable for you.
Read the link Immigration: EAD and AP (http://immigrationroad.com/green-card/ead-ap.php), especially the advance parole section.
"However, there is an exception for people in H, L, K or V status: you may return to the US using either an AP or a valid visa (H1, H4, L1 or L2), and it won't jeopardize your AOS application."
Read the link Immigration: EAD and AP (http://immigrationroad.com/green-card/ead-ap.php), especially the advance parole section.
"However, there is an exception for people in H, L, K or V status: you may return to the US using either an AP or a valid visa (H1, H4, L1 or L2), and it won't jeopardize your AOS application."
Hong12
12-16 01:51 AM
Thanks so much for a quick response. My cover letter, I-129, I-797 and LCA are correct. However, the petition letter from my employer to USCIS has all the wrong background. In this case, does it mean that my lawyer can just send me the new petition letter with the correct information? I can then bring the new petition letter to the consular? I also found the following info:
USCIS send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC). KCC then scans and enters all pertinent information including Form I-129, employer support letter (Petition Letter), and beneficiary's identification documents into PIMS. The U.S. consular will then confirm a petition in PIMS before the issuance of the visa.
Also, I just talked to my lawyer again, and he told me that I�m overreacting about the whole issue! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything.
In this case, would it be ok? I thought that the consular can pull the copy of the petition letter from PIMS. Would it be alright if the petition letter they have on PIMS is different from the new petition letter that I will bring to the Consular? Please advise. Thank you very much.
USCIS send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC). KCC then scans and enters all pertinent information including Form I-129, employer support letter (Petition Letter), and beneficiary's identification documents into PIMS. The U.S. consular will then confirm a petition in PIMS before the issuance of the visa.
Also, I just talked to my lawyer again, and he told me that I�m overreacting about the whole issue! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything.
In this case, would it be ok? I thought that the consular can pull the copy of the petition letter from PIMS. Would it be alright if the petition letter they have on PIMS is different from the new petition letter that I will bring to the Consular? Please advise. Thank you very much.
more...
deepikak
03-25 04:50 PM
I have voted for all the questions posted on legal immigration which speaks about our issues.
Please do participate , this is a golden chance to get our voice heard.
I have also posted a question about the same , you can also vote for this question.
Legal immigrants pay more taxes with no benefits ,waiting for GC for more than 10 +yrs ,aspiring to own a home with their savings but cant buy as they cant get GC .do something like visa recapture, allow us to file for AOS irespective of their PD."
Indian, atlanta,ga:)
Please do participate , this is a golden chance to get our voice heard.
I have also posted a question about the same , you can also vote for this question.
Legal immigrants pay more taxes with no benefits ,waiting for GC for more than 10 +yrs ,aspiring to own a home with their savings but cant buy as they cant get GC .do something like visa recapture, allow us to file for AOS irespective of their PD."
Indian, atlanta,ga:)
ArkBird
07-29 02:16 PM
I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.
Any advice highly appreciated. thanks!
What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.
Any advice highly appreciated. thanks!
What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.
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njboy
06-09 11:35 AM
bottom line is guys..they've figured out a cash cow, and will milk it..can a person on H1B afford 5 months of waiting for renewal/job change extension? What if there is an emergency at home? there's always a solution, beg the company to pay $1000.00 and convert it into premium process. What if the company does not want to? You are sc***ed! The waste products are going to hit the overhead air circulation device once they start processing the 13 mil. illegal immigrants.
mnq1979
05-14 08:13 PM
I have couple of questions and would like GURUS to reply:
1) Can any one tell me that what triggers the Employment RFE. Like in what instances the USCIS sends the RFE for employment verfication.
2) I am not working for the employer who sponsered me for the green card, but i can always get the letter from him stating that the position for which he sponsered me is still available.
If i get the employment RFE will it be OK to send the letter from the employer who sponsored me or do i have to get the letter from my current employer.
Please shed some light on it. !!!!
1) Can any one tell me that what triggers the Employment RFE. Like in what instances the USCIS sends the RFE for employment verfication.
2) I am not working for the employer who sponsered me for the green card, but i can always get the letter from him stating that the position for which he sponsered me is still available.
If i get the employment RFE will it be OK to send the letter from the employer who sponsored me or do i have to get the letter from my current employer.
Please shed some light on it. !!!!
more...
Canadian_Dream
03-20 11:41 AM
Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
mdmd10
09-16 01:35 PM
Did you see any LUD prior to this email?
No LUDs. Just got our approvals on the 14th around 5:30 PM. I did have a pretty benign RFE for EVL to which we replied on Aug 12th and there were subsequent Soft LUDs for 6 consecutive days until 8/19.
I'm guessing its been around a month since we responded to my RFE and since my case was under review, they may have picked it eventually.
No LUDs. Just got our approvals on the 14th around 5:30 PM. I did have a pretty benign RFE for EVL to which we replied on Aug 12th and there were subsequent Soft LUDs for 6 consecutive days until 8/19.
I'm guessing its been around a month since we responded to my RFE and since my case was under review, they may have picked it eventually.
more...
mihird
09-26 04:29 PM
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..
leo2606
08-04 08:47 PM
If I were you, I will pay additional $1,000 to USCIS for getting me out of GC mess.
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
sk8er
04-16 09:04 PM
I cannot read the above post
mrsr
06-19 08:46 PM
guess u r talking abt varicella vaccine .. this need 30 day gap, we had MMR on one day itself
The only catch could be on the MMR. MMR needs two vaccinations. The two vaccines nmeed to have a 1 month gap. So if you take one and to medical exam, they will force you take the 2'nd one right there. Ofcourse they don't care about the gap since they want to make money
The only catch could be on the MMR. MMR needs two vaccinations. The two vaccines nmeed to have a 1 month gap. So if you take one and to medical exam, they will force you take the 2'nd one right there. Ofcourse they don't care about the gap since they want to make money
vgc
07-26 10:37 AM
SA 2428. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. EMPLOYMENT-BASED VISAS.
(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';
(B) by striking ``or 2004'' and inserting ``2004, or 2006''; and
(C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--
``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));
``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and
``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and
(B) in subparagraph (B), by amending clause (ii) to read as follows:
``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
[Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
At the appropriate place, insert the following:
SEC. __. EMPLOYMENT-BASED VISAS.
(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``1994, 1996, 1997, 1998,'' after ``available in fiscal year'';
(B) by striking ``or 2004'' and inserting ``2004, or 2006''; and
(C) by striking ``be available'' and all that follows and inserting the following: ``be available only to--
``(A) employment-based immigrants under paragraphs (1), (2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));
``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and
``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and
(B) in subparagraph (B), by amending clause (ii) to read as follows:
``(ii) DISTRIBUTION OF VISAS.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:
``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.
``(II) The visas remaining from the total made available under subclause (I) shall be allocated to employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
[Page: S9966] GPO's PDF ``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.