immilaw
09-18 04:13 PM
If your employer has applied H1B on your bachelor degree then you are EB3 but it can change if you have BS+5yrs Experience before filing LC ..
As of now you are EB3
Correct me guys if i am wrong
H-1B is a specialty occupation requiring a B.S. degree. So H-1B will always be filed on the basis of B.S. It has nothing to do with the LC.
As of now you are EB3
Correct me guys if i am wrong
H-1B is a specialty occupation requiring a B.S. degree. So H-1B will always be filed on the basis of B.S. It has nothing to do with the LC.
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jvordar
04-07 05:48 PM
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
lskreddy
11-18 11:07 PM
you will have to pay the new fee, which is $305. Do efiling, it is easy and convenient.
Thanks for the info.
Is e-filing an option for folks like me who did not submit the I-131 form while I filed I-485?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
USCIS reminds the public that all filings submitted on or after July 30, 2007 via the electronic filing system must be submitted with payment of the new fees.
Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
I tried reading the above but could not conclude whether I should or not. Was this announcement valid only until 08.17.07 or forever?
Thanks for the info.
Is e-filing an option for folks like me who did not submit the I-131 form while I filed I-485?
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e650065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD
USCIS reminds the public that all filings submitted on or after July 30, 2007 via the electronic filing system must be submitted with payment of the new fees.
Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service.
I tried reading the above but could not conclude whether I should or not. Was this announcement valid only until 08.17.07 or forever?
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nhfirefighter13
January 17th, 2005, 06:45 AM
I like 2,3,and 4. Good job, Anders!
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shirish
09-10 10:47 PM
When did you receive the rfe letter in mail? Was there any LUD (last update date) on your case or any status change on the uscis website online?
Also can you please post your details like RD, ND also where was it sent and where was it transfered,.
Mine was NSC-> VSC-> TSC with RD july27th ND sep 27.
I am expecting rfe for medicals since my lawyer did not send my medical reports with the application :)
I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
Also can you please post your details like RD, ND also where was it sent and where was it transfered,.
Mine was NSC-> VSC-> TSC with RD july27th ND sep 27.
I am expecting rfe for medicals since my lawyer did not send my medical reports with the application :)
I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
I am planning to send the results tomorrow overnite.
Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?
gcformeornot
08-07 09:23 AM
sometimes, labor subs can be genuine cases as well....
Please
Please
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hibworker
12-17 02:23 PM
There is no limit on the amount of money that a person can bring in. However if a person is carrying $10 k (this includes cash, travellers check, bank draft etc) or >5k in cash then that has to be declared at customs and person should go through Red Channel.
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Immigstories
01-15 09:18 AM
Gurus...please help me!!
Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?
Is it safe to travel with a new approved I797/I94 and use the unexpired H1B visa stamp associated with an old employer to re-enter the country?
more...
LloydsApple
11-12 04:39 PM
The passport is valid but the visa inside it is not. I suppose you are saying this is not a problem!?:)
Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.
Sorry, it's just that she is nervous about buying a $700 plane ticket and running into trouble.
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AnalyzeThis
03-19 12:36 AM
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Hi Smerchas, From what I know, you need to have approved AP before you leave the country, otherwise your AOS application is deemed abandoned. I think "Advance Parole" means just that, you have to have it in Advance of leaving the country for it to have any meaning. Please do check with a lawyer before taking any step that may cause heartburn later. Best wishes and good luck.
more...
casinoroyale
01-12 07:55 PM
As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.
But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.
One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?
(not proof reading, plz ignore spelling and grammar mistakes)
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NyteStarNyne
11-10 10:15 PM
My two entries (hope I'm not too late!): Clockwork Kirupa (http://www.kirupa.com/forum/showthread.php?t=338568) & Kirupa Hero (http://www.kirupa.com/forum/showthread.php?t=338583)
Thanks :)
Thanks :)
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hojo
09-07 11:48 AM
yes, i am definatly lost in beta.
sorry, i have to say again, you're sig is really cool lost.
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good idea
03-13 09:08 PM
Since few people are not happy with this thread, please delete the thread.
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amohale
11-18 10:11 PM
Hello,
I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.
I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.
It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?
Any help/suggestion is appreciated.
-Ritu
I had to go to India due to a family emergency (death in family) in middle of my project. I have a new H1B and went for Stamping at Delhi Consulate on Nov 2nd. I got issued a 221G green form, to which I submitted the document requested on same day. 3 business days later I received a email from Consulate with another 221 G green form asking for all the documents. I sent all the documents via VFS on Nov 10th.
I haven't heard back from the consulate yet. In the mean time, my husband used his contacts to approach a congresswoman who has been involved in immigration cases. She has agreed to take my case with the Consulate. But what I am seeing on the forums is that if Congresswoman write letter to the consulate can jeopardize the case by unnecessarily pressuring the Consular.
It has been little over a week I submitted documents and I see that consulate is usually taking 2-3 weeks to respond. Please suggest if I should have the congresswoman write to the consulate or wait for the it to take the natural process and pray for the best?
Any help/suggestion is appreciated.
-Ritu
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drirshad
12-31 11:15 PM
How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ?
How complicated is life for u now, if current employer making life hell then changing job with 3 yr. extension is best option, provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....
If u know employer will cancel 140 at any cost if u move then decide is it still worth staying or moving. these days PERM and 140 premium taking like 6 months
BUT wait until Feb/March the immg lobby is trying to pass some bills for us if it goes thru will b good but u can float ur resume and start interview process ....
Happy New Year 2007 ...........
How complicated is life for u now, if current employer making life hell then changing job with 3 yr. extension is best option, provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....
If u know employer will cancel 140 at any cost if u move then decide is it still worth staying or moving. these days PERM and 140 premium taking like 6 months
BUT wait until Feb/March the immg lobby is trying to pass some bills for us if it goes thru will b good but u can float ur resume and start interview process ....
Happy New Year 2007 ...........
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GC_LOOKIN
09-11 03:23 PM
Did any one of you receive receipts matching above criteria. I-140 approved from NSC and 485 sent to NSC.
Also respond if anyone is in the same boat as me waiting for receipts and matching above criteria.
I am on the same boat with you, my application was received on July2nd at 9.01 AM(NSC) and signed by R. MICKELS, I-140 was approved from NSC.
No receipts yet and not even the checks have been cashed:mad:
Also respond if anyone is in the same boat as me waiting for receipts and matching above criteria.
I am on the same boat with you, my application was received on July2nd at 9.01 AM(NSC) and signed by R. MICKELS, I-140 was approved from NSC.
No receipts yet and not even the checks have been cashed:mad:
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friend_in_NC
02-13 04:02 PM
When you submit your passport for renewal, they usually give you a receipt with pickup date. This date is anywhere between 2 weeks to 6 weeks.
If you want you can request them to mail your new passport by paying extra $15 for mailing.
If you are going to pickup the passport by person, then you should be there between 4PM-5:15PM. Thats the delivery time.
In DC office you can not pickup anything before 2PM. Remember this
Thanks a lot for the information. Since I had sent my renewal application via courier, I never got any pick up slip. I have paid $15 for mailing service. What I am worried is that even if I drive 5 hours to pick up, if they haven't processed my application (its close to 4 weeks now since I have applied), I will run out of options. On the website they claim that they will process in 5 business days. I must have tried close to 5 different phone numbers multiples times for past week or so. I have also emailed and faxed my query multiple times. Same result - No response at all. I just don't get how work is done at the embassy.
If you want you can request them to mail your new passport by paying extra $15 for mailing.
If you are going to pickup the passport by person, then you should be there between 4PM-5:15PM. Thats the delivery time.
In DC office you can not pickup anything before 2PM. Remember this
Thanks a lot for the information. Since I had sent my renewal application via courier, I never got any pick up slip. I have paid $15 for mailing service. What I am worried is that even if I drive 5 hours to pick up, if they haven't processed my application (its close to 4 weeks now since I have applied), I will run out of options. On the website they claim that they will process in 5 business days. I must have tried close to 5 different phone numbers multiples times for past week or so. I have also emailed and faxed my query multiple times. Same result - No response at all. I just don't get how work is done at the embassy.
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h1b_slave
07-07 01:51 PM
Does anyone know some good lawyer/CPA who can provide guidance on such matters.
Also what if indian citizen residing in india wants to sell online to US customers ?
Also what if indian citizen residing in india wants to sell online to US customers ?
looivy
05-21 10:31 AM
Hi All,
Last year, my company's lawyer had filed EAD and AP for me. This year, the lawyer is giving me an option to file it myself or pay additional 500 dollars for her to file.
What all supporting documents would I need from my lawyer to file EAD and AP this year. Do I need a copy of pending I-485, approved labor and approved I-140? Any insight would be helpful.
Also, any guidelines on filling EAD and AP online would be helpful. How do you submit supporting material if you e-file?
Thanks.
Last year, my company's lawyer had filed EAD and AP for me. This year, the lawyer is giving me an option to file it myself or pay additional 500 dollars for her to file.
What all supporting documents would I need from my lawyer to file EAD and AP this year. Do I need a copy of pending I-485, approved labor and approved I-140? Any insight would be helpful.
Also, any guidelines on filling EAD and AP online would be helpful. How do you submit supporting material if you e-file?
Thanks.
helpful_leo
06-17 01:44 PM
..if someone started now?
If a major corporation (i.e. bonafide company, no fraud, etc) started the labor process for an employee tomorrow, how long (in a ballpark sense) would it take before the person could file for I140 and I1485 concurrently?
...and do you think the dates wd remain current (for India) till then? And is there anything that can be done from the employee or employer's side to speed up the process? All comments will be appreciated.
Thanks all for your time
leo
If a major corporation (i.e. bonafide company, no fraud, etc) started the labor process for an employee tomorrow, how long (in a ballpark sense) would it take before the person could file for I140 and I1485 concurrently?
...and do you think the dates wd remain current (for India) till then? And is there anything that can be done from the employee or employer's side to speed up the process? All comments will be appreciated.
Thanks all for your time
leo
