waiting4gc02
02-28 12:44 PM
Guys:
I am in my 9th year and have applied for extension (3 yr, based on approved I-140).
Now if my wife were to go to India and in a couple of months apply for her
H4-Visa stamping in Delhi. What are the documents that she needs to carry ?
Thanks
I am in my 9th year and have applied for extension (3 yr, based on approved I-140).
Now if my wife were to go to India and in a couple of months apply for her
H4-Visa stamping in Delhi. What are the documents that she needs to carry ?
Thanks
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http404
07-17 10:52 PM
Can you do that without a receipt number from I-485?
rb54321
07-27 08:41 AM
Hi,
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!
I have a question regarding changing L1 to H1-B visa. If someone comes to US on an L1 visa can he/she change to H1-B visa without going back to India and getting the new H1-B visa stamped? What is the process to remain in the US and changing the status from L1 to H1? Will
Again, I assume that in order to change from L1 to H1-B the H1-B cap rule applies.
Yes, you can do a change of status (COS) from L1 to H1 without going back to India for Visa stamping. Your H1 will come under the annual 65,000 H1 cap, as you might know the cap of this year is already over, you can apply for this COS come April 1 2008 and you can start working October 1 2008 with your H1. Please note you CANNOT start working for a new employer by just receiving a receipt number for your COS. You will need to get the actual H1-B approval notice. While applying for the COS you will also need to show you are currently employed and this can be done by submitting two most recent pay checks along with your other papers. Hope this helps!!
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lonedesi
12-17 12:35 PM
Administrators?
Why this is not coming in the front page?
Is this posting wrong?
Thank You....
We need to look at means to complain to ombudsman regarding the delays. My I-140 application is stuck in VSC and they are currently processing Apr 2006 (its been like that for last 6 months). Can IV core please provide us guidance in this regard? Any idea when the PP service will be restarted for I-140 applications?
Why this is not coming in the front page?
Is this posting wrong?
Thank You....
We need to look at means to complain to ombudsman regarding the delays. My I-140 application is stuck in VSC and they are currently processing Apr 2006 (its been like that for last 6 months). Can IV core please provide us guidance in this regard? Any idea when the PP service will be restarted for I-140 applications?
more...
VivekAhuja
06-16 07:15 PM
Possible if Master's is in same field.
nozerd
05-02 07:25 AM
gcsucks,
I have done quite some research on this. Bottom line is you are taking major chance in loosing it unless one of the following applies.
1) You are married to Canadian citizen.
2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Otherwise you are taking chance. The airlines etc will still let you board a plane etc to go there, and Canadian Govt is bound to let you in, but then you will have to fight a case against the cancellation of PR order and its a mess.
I would say decide one way or the other. I know its easie said than done.
If you are in EB3, than unless new laws are passed or something changes, you could go to Canada, live there 3 yrs, get Canadian citizenship and your PD will still be waiting for you at May 1st when you come back.
Best of luck
I have done quite some research on this. Bottom line is you are taking major chance in loosing it unless one of the following applies.
1) You are married to Canadian citizen.
2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Otherwise you are taking chance. The airlines etc will still let you board a plane etc to go there, and Canadian Govt is bound to let you in, but then you will have to fight a case against the cancellation of PR order and its a mess.
I would say decide one way or the other. I know its easie said than done.
If you are in EB3, than unless new laws are passed or something changes, you could go to Canada, live there 3 yrs, get Canadian citizenship and your PD will still be waiting for you at May 1st when you come back.
Best of luck
more...
milind70
10-08 12:35 AM
Hi,
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
I had applied for my H1 extension in June 2008 and waited for some time and then upgraded it to premium processing in July. I did not get any result on my H1 extension but in the meantime my GC was approved in August. My question is will i be able to get my H1 processing fee back, at least the premium processing fee. I heard if your H1 processing doesn't get any result in certain time you will be entitled to get your money back.
Thanks in advance
I highy doubt it that you will get any fees back from USCIS. If you ask about the status of your H1 they will just get back to you saying that your H1 application was rejected since the applicant is n longer in Non Immigrant status as your status chnaged to Immigrant as soon as your Green Card was approved. You can try but very few people have actually recieved fees back from USCIS. Good luck
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let007live4ever
06-22 10:01 AM
Can scanned copy be submitted to USCIS for affidavit of birth or we have to submit the affidavit in original?
Thanks
Thanks
more...
mdmd10
07-18 04:12 PM
Since this is already being dicussed in the thread mentioned above. Thanks
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DrRobot
06-28 06:44 PM
Nevermind, i have it figured out. i should've just made the Array a bool[,] (i did, thats how it was fixed).
more...
Springflower
12-23 03:05 PM
Ajay,
Thank you for your reply.
I am assuming that you did not apply for AP earlier.
You took the Infopass and got the AP in 2 weeks.
[I read in the USCIS website that, if you had applied for AP & if you have to travel in emergency, they speed it up & issue the AP during Infopass appointment].
I think it is true whether we have an AP application in process or not.
Did you take photos, check, I-485 receipt etc., along with you to the InfoPass interview?
It is good to know that we can get AP if we have to travel urgently.
Did they say they would mail the AP to your address in your Infopass
appointment?
Thank you for your help!
Thank you for your reply.
I am assuming that you did not apply for AP earlier.
You took the Infopass and got the AP in 2 weeks.
[I read in the USCIS website that, if you had applied for AP & if you have to travel in emergency, they speed it up & issue the AP during Infopass appointment].
I think it is true whether we have an AP application in process or not.
Did you take photos, check, I-485 receipt etc., along with you to the InfoPass interview?
It is good to know that we can get AP if we have to travel urgently.
Did they say they would mail the AP to your address in your Infopass
appointment?
Thank you for your help!
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permfiling
09-27 10:40 PM
hi smuggymba,
As your H1 extension is in process you can continue working until you get the approval notice. One you get the approval notice u will have the new I-94 with it which you can attach to the current one in passport and later point u can go for visa stamping.
Take the advise of your attorney as well
As your H1 extension is in process you can continue working until you get the approval notice. One you get the approval notice u will have the new I-94 with it which you can attach to the current one in passport and later point u can go for visa stamping.
Take the advise of your attorney as well
more...
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stefanusc
03-13 01:21 PM
Hi to all,
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
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Ann Ruben
05-28 01:40 PM
1. An F2B petition can be converted and you will retain the original priority date as long as you do not marry before your father is granted citizenship.
2. You can and probably should pursue both family based and employment based permanent resident status simultaneously.
2. You can and probably should pursue both family based and employment based permanent resident status simultaneously.
more...
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cse9423
11-05 05:49 PM
last week our ap approved, it took 75 days. I didn't expediate
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nk2
12-09 03:13 PM
Hello Guys,
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
There should be no problem. I have gone there before and going again now next week for H1 stamping and plan to take my personal car. I have Canadian PR though, but I don't think it should matter.
I didn't find any thread on this topic, if there is one please give me the link.
I have appointment in Ottawa for H1B stamping. I want to take my car instead of rental. Is there a problem?
Please share if anyone has done this.
Thank you in advance.
There should be no problem. I have gone there before and going again now next week for H1 stamping and plan to take my personal car. I have Canadian PR though, but I don't think it should matter.
more...
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ZeroComplexity
03-13 03:11 PM
IV members should take the moral high ground refrain from making frivolous calls to USCIS, so that genuine issues get addressed quickly by USCIS.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.
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go_guy123
07-28 08:24 PM
fyi
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
That logic wont sell....sending mexican software engineers to US.
If mexican citziens are sent on TN2 ....well they can also change jobs as well if they are
"used" for 80 hours a week. Murthy is talking from his a**
Congress may push India's IT firms to Mexico with H-1B crackdown (http://www.computerworld.com/s/article/9135883/Congress_may_push_India_s_IT_firms_to_Mexico_with_ H_1B_crackdown)
That logic wont sell....sending mexican software engineers to US.
If mexican citziens are sent on TN2 ....well they can also change jobs as well if they are
"used" for 80 hours a week. Murthy is talking from his a**
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aravindan_kv
02-01 11:13 AM
All ,
I am working for company "x" and having middle vendor "y"
and middle vendor has got me job and , working in the client location "z" of the middle vendor
I have signed non-compete agreement with middle vendor , that i should not join with client "z" (introduce by middle vendor) for 2 years after my termination.
The vendor "y" is not willing to work with my client "z"
and vendor "y" is saying to me i should not work with "z" because i have signed non-compete agreement.
Is it legal for my vendor "y" to say that i should not work with "z"
if they don't want to do business with "z"
I don;t know how to overcome this isssue.please guide me
I am working for company "x" and having middle vendor "y"
and middle vendor has got me job and , working in the client location "z" of the middle vendor
I have signed non-compete agreement with middle vendor , that i should not join with client "z" (introduce by middle vendor) for 2 years after my termination.
The vendor "y" is not willing to work with my client "z"
and vendor "y" is saying to me i should not work with "z" because i have signed non-compete agreement.
Is it legal for my vendor "y" to say that i should not work with "z"
if they don't want to do business with "z"
I don;t know how to overcome this isssue.please guide me
Dhundhun
09-10 06:22 PM
Folks,
I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.
My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?
My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?
Please share your thoughts and help me.
Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.
My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?
My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?
Please share your thoughts and help me.
Lawyers can usually justfy some minor spelling mistakes and answer to RFE. Usually USCIS accepts BC name.
Based on inputs from my lawyer, there is some delay if such descrepency is there - he said that he can reply to such RFE and apart from delay there is no other issue.
dvb123
06-01 10:43 PM
We are in an era of US Immigration where a Fashion model work permit bill would have a better chance of clearing the house than a highly skilled immigrants bill.
05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008
As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!
http://www.immigration-law.com/
The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.
USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.
http://www.murthy.com/news/n_revcsp.html
The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness
The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.
I think this is the only solution to our saga.
05/09/2008: Fashion Model P-4 Visa Classification Bill, H.R.4080 Approved by House Judiciary Immigration Subcommittee 05/08/2008
As we reported yesterday, the subcommittee debated this bill and approved this bill for the full Judiciary Committee action of the House yesterday. A small positive news on the immigration legislation!
http://www.immigration-law.com/
The OPT 17 month extension rule ran into problems barely a month after it was introduced. The anti-immigrant groups constantly send faxes, emails and snail mail constantly to stop immigrant bills from passing. This frightens the senators and house representatives because they think that majority of United States citizens are agains't immigrant bills while an average United States citizen does not the know the difference between green card and H1 B clearly, leave alone opposing highly skilled immigrant bills.
USCIS makes tons of mistakes but it will try to repeal mistakes if it believes that it has made an error. The CSPA new regulations is an example of USCIS accepting and rectifying its mistakes.
http://www.murthy.com/news/n_revcsp.html
The AC21 act gave an additional visa number pool of approx 130,000 visa numbers which were actually unused EB visa numbers from 1999 and 2000. This is a reserve visa pool that could be used for future fiscal years. HOW CAN A RESERVE POOL BE USED WHEN THERE WERE UNUSED VISA NUMBERS FROM 2000 TO 2005?
http://www.nafsa.org/regulatory_information.sec/regulatory_document_library.dlib/u.s._immigration_system_2/ac21_-_the_american_competitiveness
The solution to our saga is to count the immigrant visa numbers from DHS statistics files of EB visas distribution for each year from 2000 to 2005.If we are unable to get all the information required from DHS statistics files we can put FOIA requests and get the information. Instead of making USCIS doing an audit we can do the audit ourselves and inform USCIS that there are still immigrant visa numbers left from the AC21 act. The good thing about this reserve visa numbers is that they can be rolled over to the the future years. So we can get them issued for the years 2008 and 2009.
I think this is the only solution to our saga.
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