gc_on_demand
09-19 10:54 AM
Hello All
I know this question has been asked in past so many time but I could not find. I have H1b stamp valid till Nov 1st 2008. I got my h1b ext approved till2011. I was not planing to go india this year but because of emergecny I may have to travel with in week. I will be there for 10 days only. worst case Oct 11th 2008. I am with same employer whom I was before ext. Should I go for renewal of stamp in india ? I know PIMS may hold me there for a long time.
Can I travel if visa is going to expire in 2 weeks. but having ext approved ?
Can i eligible for emergency appointment worst case ?
What if they put me on hold under PIMS ? will they hold passport ? or I can travel with old valid visa ?
Please reply urgent . My law firm has not answered my email yet and I may have to buy ticket and fly this weekend..
I know this question has been asked in past so many time but I could not find. I have H1b stamp valid till Nov 1st 2008. I got my h1b ext approved till2011. I was not planing to go india this year but because of emergecny I may have to travel with in week. I will be there for 10 days only. worst case Oct 11th 2008. I am with same employer whom I was before ext. Should I go for renewal of stamp in india ? I know PIMS may hold me there for a long time.
Can I travel if visa is going to expire in 2 weeks. but having ext approved ?
Can i eligible for emergency appointment worst case ?
What if they put me on hold under PIMS ? will they hold passport ? or I can travel with old valid visa ?
Please reply urgent . My law firm has not answered my email yet and I may have to buy ticket and fly this weekend..
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willgetgc2005
01-25 08:37 PM
Hello,
I have a profile for online case status monitoring and because I attempted
logins with wrong password, I am locked out.
I get the following message:
Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.
Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.
Thanks in advance.
I have a profile for online case status monitoring and because I attempted
logins with wrong password, I am locked out.
I get the following message:
Your password has been locked because of too many unsuccessful login attempts.Contact the USCIS Headquarters Referral Management Team for support.
Does anyone have the telephone number or email id of USCIS Headquarters Referral Management Team ? How do i reset the password by calling them. I forgot the answers to prompt questions too.
Thanks in advance.
dixie
02-12 09:58 PM
If your PERM job description says the minimum qualification for the position is a masters in your major, AND you can furnish evidence that your masters course work/thesis taught you the skills relevant to your job then there should be no issues with EB2. A letter from your advisor/course instructor certifying the skills that you learnt as part of the course/thesis should be enough evidence on your part.
Hi,
Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.
Thanks
Hi,
Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.
Thanks
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supender
09-21 01:33 PM
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
more...
Canadian_Dream
07-25 01:51 PM
Keep both applications going. Yes you would need a physical copy of labor to file the second one. You can later withdraw the first one when your second I-140 with a better priority date is approved. You can also interfile the I485 when your second I-140 is approved (based on your own labor). The only caveat is your priority date must be current when you interfile. Check Pearson Memo on Interfiling.
Do the following:
If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.
If you don't receive the physical copy before AUG-17
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
Do the following:
If you receive physical copy before AUG 17:
1. File I-140/I-485 with your OWN labor before AUG-17.
2. Do not apply for EAD and AP on the second one.
3. Withdraw the first I-485 application when your I-140 on the second one is approved. (This will give you better priority date and no hassle of two applications)
4. You can continue using EAD/AP filed with the first applications.
If you don't receive the physical copy before AUG-17
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
My company ( biggie US firm) filed 140 and 485 on a substituted LC on July 2.
Now my own LC which was pending in BEC (and which has better PD) is approved. Can I file 140 on this? Since substitution is risky, I want to use this 140 for my 485 (over the substituted one) ? How do I do that?
Do I need physical copy of my approved LC to file 140?
Replies will be greatly appreciated
amitkhare77
08-14 11:20 PM
Hi Gurus
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?
thanks in advance
more...
fatjoe
10-25 03:25 PM
My Rec #'s not avilable online also. I called USCIS and I was told that Rec #'s are always not available, and may not be available at all on-line.
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LostInGCProcess
11-12 02:25 PM
Thanks all for your replies.
Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?
Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).
Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?
Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).
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LC2002
04-14 11:01 AM
Congratulations.. Keep supporing IV in future.
Thanks, Sure will.
Thanks, Sure will.
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srgadi
06-23 01:43 AM
ndbhatt,
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
If I read your profile right, you arrived in US in April 2005 flied for LC in July 07. I think that is a different situation than someone working in H1B since 1999 (F1 since 1996). Do you know anyone in H1B since 1999 and without an EAD option? I suppose waiting 14 years is very different than waiting 5 years..
Yes, it is different and its unfortunate in your case. However, there is nothing you can do other than wait for your date to be current in order for you to apply for I-485 and EAD/AP.
more...
go_guy123
06-09 11:14 PM
Dear Viewers
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
WH-4 form is for complaining to dol
Could anyone please advice me on how to claim the unpaid salary from the previous employers.
I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.
Any piece of advice would be of great help.
WH-4 form is for complaining to dol
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pady
06-18 04:44 PM
I would like to stay in the project through a difference vendor because it is stable for quite long time and I am expecting to be there for next 3 yrs.
I am worried because this Noncompete is between my employer and his next layer. The final layer is client and I will be working for the same client through a NEW vendor.
I am worried because this Noncompete is between my employer and his next layer. The final layer is client and I will be working for the same client through a NEW vendor.
more...
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eb3India
04-09 01:24 PM
Hasn't he given many speeches like this before as well? I mean he has been giving speeches on immigration since 2004 yet nothing has happened so far. He addressed it on State of the Union speech, prime-time speech from the oval office, and countless other occasions but what has been the end result - NOTHING. I wouldn't keep my hopes very high just because Bush said so. It�s all up to the congress now.
I know have gave many speeches and nothing happend, itz all about politcs, location was Arizona where he wanted to show many Reps about how border security is improved,
This is his first speech after STRIVE has been introduced, I am just forseeing on coming debate all over the media again,
I know have gave many speeches and nothing happend, itz all about politcs, location was Arizona where he wanted to show many Reps about how border security is improved,
This is his first speech after STRIVE has been introduced, I am just forseeing on coming debate all over the media again,
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haveaquestion
03-06 01:28 AM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
more...
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piyu7444
04-10 11:33 AM
Hi Guys -
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
Gurus - please help me here...........
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application alongwith EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I dont want to lose this position and want to take up the FT job.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
Gurus - please help me here...........
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desi3933
06-21 05:37 PM
I am a dentist in state of CA,and filed for EB2 green card.In April 2006 applied for my PERM from MD Dental, a dental group with 5 offices and about 30 employs and owned by 2 partners.Also in April 2006 they applied for my H1b visa.Further PERM and H1b both were approved and in may 2006 I filed for I-140 from the same company.I-140 had a RFE but was approved in Feb 2007.Meanwhile in Oct 2006 both partners had a is understanding and they split the company into 2 companies with one partner getting 2 offices and the other partner getting 3 offices.Originally my perm was filed from the MD dental Van-Nuys office, which was given to partner A who then told me to file for a new H1b as tax ID number for the employer has changed but my job location would not change. I filed for a new H1 visa from partner A which was also approved and started to work for him till Feb 2007.
In feb 2007 I found a new job again as a dentist with a different company and moved to that company.I am still in good contact with both partner A and partner B of the old company.
My question is if I could file for I485 from MD dental which is already split with
approved I140, or I could file it from partner A or partner B`s new company showing either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer.
Please advice.
May be you need to amend I-140. Please consult a good attorney/lawyer.
Not a legal advice.
In feb 2007 I found a new job again as a dentist with a different company and moved to that company.I am still in good contact with both partner A and partner B of the old company.
My question is if I could file for I485 from MD dental which is already split with
approved I140, or I could file it from partner A or partner B`s new company showing either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer.
Please advice.
May be you need to amend I-140. Please consult a good attorney/lawyer.
Not a legal advice.
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vedicman
01-20 12:43 PM
Nearly half of H1B visa holders from India: US report - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/nearly-half-of-h1b-visa-holders-from-india-us-report/articleshow/7290694.cms)
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prabasiodia
05-25 01:49 PM
Also ask/inquire about whistleblower protection while filing your complaint. There should be valid reasons for lay-off but filing complaint against the employer with DOL is definitely not one among them.
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ajju
08-31 01:29 PM
I'm a Jul 02 filer and I received the 485 and 765 notices recently.
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
I've A# (9 digit.. 099xx for primary and 088xx for dependent)... PD is blank.. Guess most of people getting receipts in June/July had it blank... Don't know why...
However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?
Thanks..
I've A# (9 digit.. 099xx for primary and 088xx for dependent)... PD is blank.. Guess most of people getting receipts in June/July had it blank... Don't know why...
istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
chics
06-04 12:37 AM
Hi,
My I-485 priority dat is current ( EB3 - INDAI, priority date mid July 2002 ). I have filed I-485 in JUly 2003. I called customer service for status enquiry on 5/15/2007, today i got letter in that they mensioned that "Your application is under additional review" due to this processing is getting delayed. If you don't receive response in 180 days, call customer service.
Do any one got this kind of reply?
Previously i called customer service for status enquiry in Nov 2006 and got email that "Your application is awaiting for officer review", Service waiting for visa availability.After this message, why i got the new message like above.
My I-485 priority dat is current ( EB3 - INDAI, priority date mid July 2002 ). I have filed I-485 in JUly 2003. I called customer service for status enquiry on 5/15/2007, today i got letter in that they mensioned that "Your application is under additional review" due to this processing is getting delayed. If you don't receive response in 180 days, call customer service.
Do any one got this kind of reply?
Previously i called customer service for status enquiry in Nov 2006 and got email that "Your application is awaiting for officer review", Service waiting for visa availability.After this message, why i got the new message like above.
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