snarla
06-29 08:48 AM
Also, you can apply for passport renewal, one year bfr the current one expires ... so u can do it right away ...
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perm2gc
09-06 01:07 PM
Her petetion is filed in May. And she travelled out of USA last month. So you need to do is to start working and get a visa stamp of H1 when you go out of the country. Can you please stop advertising on the board about your company..
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dan19
10-04 11:19 PM
You can do it anywhere. I got my F1-H1 change of status stamping from Canada.
For first time H1B stamping, do we have to get it done in our Home country (India in my case)? Or can we get it done in Canada or Mexico?
I am currently on my OPT and have applied for my H1B visa. Your input will be appreciated!
Thanks
Roshni
For first time H1B stamping, do we have to get it done in our Home country (India in my case)? Or can we get it done in Canada or Mexico?
I am currently on my OPT and have applied for my H1B visa. Your input will be appreciated!
Thanks
Roshni
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u.misc
01-21 09:58 AM
Hi,
My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.
Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?
If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.
Please respond with your suggestions.
Thanks a lot in advance!
Regards
DK
I was in the similar situation. i.e. My Labor was applied after I was in 6th year of H1-B. My lawyer told me that I won't be able to get 1 year H1-B extension based on the PERM because PERM had to be filed before 6th year of H1-B period (i.e. at least 1 year before H1-B term is over).
My lawyer suggested that in case the PERM is not approved in short period of time, he might have to send me abroad (outside US) for certain period of time since the period spend outside US does not count towards H1-B tenure. So basically if your PERM is filed on 01 June 2010, then you might have to spend "X" number of days (counting from April 17,2010 through 01 June 2010) outside US to be able to apply for 7th year H1-B extension based on pending PERM application.
I my case, things turned out in my favor and I was lucky to get PERM approved in 3 months and then I-140 approved in a week. I was able to get 3 year H1-B extension.
Please work with a lawyer and he would suggest you a way around. Its worth it to spend some money and get consultation from a expert lawyer on this matter. Good Luck with you new job.
My 6 year H1B ends on April 17/2011 with Company A. Company A applied for my PERM on 15th Jan 2010.
Now I am planning to switch a company B(my interview is next week and I think I will clear that interview) to a Permanent JOB. If I get through that Company B. How soon they have to apply for my H1B transfer?
If company B apply PERM on June 2010(due to company B policy), is their any issue to get 7th yr of extension on June 2010 PERM? Or is it possible to apply for 7th year of extension Company A PERM application.
Please respond with your suggestions.
Thanks a lot in advance!
Regards
DK
I was in the similar situation. i.e. My Labor was applied after I was in 6th year of H1-B. My lawyer told me that I won't be able to get 1 year H1-B extension based on the PERM because PERM had to be filed before 6th year of H1-B period (i.e. at least 1 year before H1-B term is over).
My lawyer suggested that in case the PERM is not approved in short period of time, he might have to send me abroad (outside US) for certain period of time since the period spend outside US does not count towards H1-B tenure. So basically if your PERM is filed on 01 June 2010, then you might have to spend "X" number of days (counting from April 17,2010 through 01 June 2010) outside US to be able to apply for 7th year H1-B extension based on pending PERM application.
I my case, things turned out in my favor and I was lucky to get PERM approved in 3 months and then I-140 approved in a week. I was able to get 3 year H1-B extension.
Please work with a lawyer and he would suggest you a way around. Its worth it to spend some money and get consultation from a expert lawyer on this matter. Good Luck with you new job.
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jonty_11
06-15 04:00 PM
yes lets continue the support and laud all the good work IV has done thus far.
intheyan
01-27 10:42 PM
Dear Attorney,
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
more...
dixie
06-09 01:36 PM
Hi All,
I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.
If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....
WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?
We are neither immigration lawyers nor USCIS officials. They are the only ones competant answer to such questions. Anyways, the bill mentions nothing about having "experience" in your field .. what is required is to be working in the US for the 3 years preceeding your I-485. Everything else is immaterial.
But now is not the time to be dreaming and counting unhatched chickens IMO.
I have a question. I have a Master's Degree and have 3 years of experience in my field (Civil Engineering) Now lets say for some reason I want to go back to India and come back after few years.
If the Comprehensive Immigration Reform Bill is passed, then my question to you guys is.....
WILL I BE ELIGIBLE TO FILE FOR GREEN CARD CONSULAR PROCESSING (BASED ON STEM DEGREE) FROM INDIA?
We are neither immigration lawyers nor USCIS officials. They are the only ones competant answer to such questions. Anyways, the bill mentions nothing about having "experience" in your field .. what is required is to be working in the US for the 3 years preceeding your I-485. Everything else is immaterial.
But now is not the time to be dreaming and counting unhatched chickens IMO.
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pret_23
02-03 11:08 AM
http://economictimes.indiatimes.com/Slowdown_TCS_may_call_back_20_onsite_staff_in_US/articleshow/4044310.cms
more...
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kghoshal
12-31 05:28 PM
Consult attorney Murthy with new memo, she may help you. It is my personal opinion.
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patriot01
09-25 02:20 AM
I am kind of in the same situation...But, I don't know if the status means what it says.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.
Thanks in advance.
But, I got the status change in Jul 2008 saying that
'the post office returned the notice we last sent you on this case I-485 application to register permanent residence or to adjust status as undeliverable. This may have serious effects on processing this case....'
The very next day I got this case status change saying that..
'We mailed document to the address we have on file, You should receive the new document within 30 days.....'
I took an InfoPass appointment and explained to them the case status emails. I also told them that I didn't get my biometrics notice. They asked me if priority date is current..I said NO and they verified too. So, they took the "document mailed" as the biometrics notice document and took my biometrics. I never bothered about that since then....
But, with new system change it shows as 'Document Processing & Oath ceremony'. So I am not sure what the original case status changes emails were about...and take the status 'Document processing and Oath ceremony' seriously.
Thanks in advance.
more...
sidbee
05-27 12:57 PM
From what I read in the article they are talking about chaging 'the place of incorporation' from Bermuda to Ireland to avoid paying higher taxes through the proposed tax legislation ...dosent't talk about relocating all operations to Ireland
I never said they are moving all the operations. Looks like, they would still be serving the clients in the US. But they will be not a US company anymore.They would not be head off iced in the US.
They would still be able to outsource there work to India, for which the US companies would have to shell out more taxes, if a particular legislation is passed.
I never said they are moving all the operations. Looks like, they would still be serving the clients in the US. But they will be not a US company anymore.They would not be head off iced in the US.
They would still be able to outsource there work to India, for which the US companies would have to shell out more taxes, if a particular legislation is passed.
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lost_in_gc_land
01-24 04:59 AM
Hello Bpositive,
I am in the same situation as you are and have been for about 2 and a half months. I got a yellow slip and still awaiting feedback from the Consulate who in turn is awaiting a response from Washington.
It depends on when you left the US and if you received your AP before your left the US.
There was a letter published on November 1, 2007 which can be found here
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf)
If you received the AP before you left the US then there is no risk in returning on the AP from what I have been told but if you did not receive it before you left the US then there is a risk of you entire AOS process being cancelled and this all depends on the officer and the situation at the POE.
Unfortunately in my case I didnt receive my AP until after I left the US and am awaiting feeback from my lawyer regarding the rule in the link.
Let me know if you find any other information
as it would help me as well.
Please..request that only those with personal experience with this respond. I have to decide in the next hour or so and have lawyer opinions already.
Has anyone gone through this?
My H1 is pending 221g admin process (Pink. possibly because I have a Phd in biology) I can't wait much longer as I may risk losing my job. Can I travel on my valid AP? I am not concerned about keeping my H1 status etc. My only concern is at port of entry. Lawyers have told me it is ok, but I would like to hear from people who have done this themselves.
I am in the same situation as you are and have been for about 2 and a half months. I got a yellow slip and still awaiting feedback from the Consulate who in turn is awaiting a response from Washington.
It depends on when you left the US and if you received your AP before your left the US.
There was a letter published on November 1, 2007 which can be found here
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf)
If you received the AP before you left the US then there is no risk in returning on the AP from what I have been told but if you did not receive it before you left the US then there is a risk of you entire AOS process being cancelled and this all depends on the officer and the situation at the POE.
Unfortunately in my case I didnt receive my AP until after I left the US and am awaiting feeback from my lawyer regarding the rule in the link.
Let me know if you find any other information
as it would help me as well.
Please..request that only those with personal experience with this respond. I have to decide in the next hour or so and have lawyer opinions already.
Has anyone gone through this?
My H1 is pending 221g admin process (Pink. possibly because I have a Phd in biology) I can't wait much longer as I may risk losing my job. Can I travel on my valid AP? I am not concerned about keeping my H1 status etc. My only concern is at port of entry. Lawyers have told me it is ok, but I would like to hear from people who have done this themselves.
more...
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IWannaBeHowdy
11-14 01:57 PM
Thank you!! :)
By the way, I got my FP notice for 23-Nov, a day after Thanks Giving. It looks like the original place for which I got the FP notice seem to open on that day. Is it true for all centers? What I mean to say is if a ASC is open in one region on a very likely holiday, the other ASCs would not be closed on the same day just because its a smaller center, will they?
Since all ASCs are federal offices, so dates of closure and holidays should be same through out, shouldn't it? Unlike the post offices, some are open on Saturdays and some are not....you see where I am going with this?
By the way, I got my FP notice for 23-Nov, a day after Thanks Giving. It looks like the original place for which I got the FP notice seem to open on that day. Is it true for all centers? What I mean to say is if a ASC is open in one region on a very likely holiday, the other ASCs would not be closed on the same day just because its a smaller center, will they?
Since all ASCs are federal offices, so dates of closure and holidays should be same through out, shouldn't it? Unlike the post offices, some are open on Saturdays and some are not....you see where I am going with this?
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sundeep14
07-06 11:40 AM
Hello friends,
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
wanted to see the timeline of EAD renewals currently..I have a EAD renewal receipt notice date of June 18th......was wondering how many days is TX taking to approve the notice....
Did aanyone around June 15 -June 20th get any approval yet?
more...
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kufloyd
04-02 01:49 PM
I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?
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GCHope2011
06-25 08:10 AM
If the cruise goes outside of US territorial waters, everyone on the ship needs to show eligibility to re-enter the US on return. This is true even if the ship does not make any port call in a non-US territory.
In your case it looks like the ship even makes a stop at BC. Irrespective of whether the ship makes the stop or whether you get out of it or not, the fact that it goes out of US waters is what matters.
So yes, you will have problems coming back if you go on this cruise.
You can however fly to Alaska and come back (like a domestic flight) without any problems, as long as it is a non-stop flight from the US to Alaska (no stops in Canada).
In your case it looks like the ship even makes a stop at BC. Irrespective of whether the ship makes the stop or whether you get out of it or not, the fact that it goes out of US waters is what matters.
So yes, you will have problems coming back if you go on this cruise.
You can however fly to Alaska and come back (like a domestic flight) without any problems, as long as it is a non-stop flight from the US to Alaska (no stops in Canada).
more...
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extra_mint
04-18 11:20 AM
Keep monitoring the visa bulletin and when your date (Dec-2006) becomes current you can apply for your wife's 1485 (means u can add her to your application).
If last year's trend continues then you might see your dates becoming Current during the last quater (July-Sept)...last year dates reached Aug.2006 for Eb2 India before retrogressing.
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
If last year's trend continues then you might see your dates becoming Current during the last quater (July-Sept)...last year dates reached Aug.2006 for Eb2 India before retrogressing.
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
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05-02 04:49 PM
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godbless
01-10 03:16 PM
:confused: But the dates having moved beyond the April 2000 deadline ( may be temporarily), why should they not move fast when the VB was current for a long time and there should not be many cases after April 2000 those were not adjudicated. So I feel if the dates don't retrogress then they should move forward faster.
fromnaija
06-21 01:44 PM
You did not mention if you already filed your AOS application. If yes, then you may keep your application going if it's been more than 180 days since you filed.
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
If you have not filed I-485 then your new employer will have to start the process from beginning. You may be able to retain the old PD even if previous employer revoked the I-140, unless USCIS revoked your I-140 for fraud.
For when you already filed I-485.
http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
For when you have not filed I-485
http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/afm_ch22_091206r.pdf
Quote from page 27 of above document when you have not filed I-485
(1) Determining the Priority Date.
In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successor in interest).
probe
10-12 10:16 AM
I got EAD with "finger print not available" on card. Strangely ,Online status doesn't has any information it still displays that NSA received my EAD application and they are processing.It seems they are sending EADs but they are too busy to update their system.
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