kumarc123
08-13 02:09 PM
after rolling out the sept visa ... rao saab aaram kar rahe hain...
kindly not "DISTUB"
:D:D:D
(translation : __mr rao is resting__)
Come on guys, give him a break.
His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.
We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.
Thanks
kindly not "DISTUB"
:D:D:D
(translation : __mr rao is resting__)
Come on guys, give him a break.
His analysis was accurate, if any of you came across the September 08 bulletin, EB2 advanced by two months. Which equates to what vldrao analyzed in the past, the use of 20,000 visas in September.
We all IV members stand united and lets not adverse someone on the basis of his righteousness. Even if a IV member is wrong, let's all correct him.
Thanks
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InTheMoment
06-22 09:50 AM
With the USCIS recent notice on mandatory TB-test unless supported by a valid explanation by the Civil Surgeon, I feel it is a clear invitation for a RFE (one of the most common. Search past RFE's and you will be amazed to find how common this is!)
fide_champ
06-25 04:14 PM
My lawyer claims she seems to be getting all the information from USCIS and Aila but i cannot believe that she missed this simple one. They don't even realize how it can screw people's careers. If i don't get the application back within 2 weeks, i am screwed forever.
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walking_dude
11-27 09:24 PM
Thanks Rajeev, MB, new_gc_guy, grupak, GCkaMaara, coopheal for your pledge. I pledge a contribution of $100 as well for the rally, besides my continuing monthly contributions and participation in the rally.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
Others, please step forward. Let us not be penny-wise and pound-foolish. Let us help IV pull this thing for our sake.
more...
dehradoon
06-14 07:15 PM
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Yes, you can file for 485 when extension is pending, I did that last year.
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Yes, you can file for 485 when extension is pending, I did that last year.
japs19
01-22 11:18 AM
Red my other posts where I wrote my experience as I was asked the same question. But here's the answers to your questions in nut shell.
If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
Good luck...
Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
Good luck...
Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.
I am planning to travel on AP and is not working anymore for the GC sponsoring company.
1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?
2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?
PLease advise
more...
xbohdpukc
04-06 11:12 PM
The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...
that's the official title of the bill, nothing wrong with it.
they still have a cloture motion vote tomorrow morning, so we'll see.
that's the official title of the bill, nothing wrong with it.
they still have a cloture motion vote tomorrow morning, so we'll see.
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txh1b
08-18 01:39 PM
The attorney's post re-iterates what I have been saying. You did not qualify for H1b portability. Even if USCIS approves the case with a I-94, you cannot consider yourself safe as it might come back and bite you for working illegally.
If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.
If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.
more...
oomshiva
07-12 09:46 AM
this is realy getting more confusing and I think
Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )
Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )
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sledge_hammer
02-07 01:14 PM
hammer, here is another poll very similar at http://immigrationvoice.org/forum/showthread.php?t=1671
Thanks whoever,
I asked people on the EB3 poll thread where I can find the poll for EB2. Never got an answer, hence this thread.
Admin can delete this thread ...
Thanks whoever,
I asked people on the EB3 poll thread where I can find the poll for EB2. Never got an answer, hence this thread.
Admin can delete this thread ...
more...
GCBy3000
11-09 03:32 PM
Does anyone have exact idea on what is meant my PD portability. I have my i140 approved on locaiton A. Then I moved to location B and started a new labor and filed for 140 last month.
There was no mention in my second 140 about the old PD. When does exactly I have to mention that I have a PD to use. Is this in 485 stage? When I checked with my attorney he said, I have now two PDs and I can use any of them. But when and how I dont know?
There was no mention in my second 140 about the old PD. When does exactly I have to mention that I have a PD to use. Is this in 485 stage? When I checked with my attorney he said, I have now two PDs and I can use any of them. But when and how I dont know?
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vishwak
02-01 01:40 PM
Congrats....Enjoy.
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cptbaseball
05-14 02:26 PM
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
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tabletpc
11-30 12:37 PM
MUGWUMP,
Thanks for sharing you are expereince.
I just sent my application. I also claimed for 16 points. I have indian BS degree and US MS degree both in CS. Can i anticipate any request for more information from consulate..???
I felt kind of ashmed today after mailing the application. it took me not more than 30 mins in total to finish the application and i was dragging this from almsot 1+ years.
Most of the time things are not as difficult/time consuming as we assume it to be. Lesson learnt...!!!
Thanks for sharing you are expereince.
I just sent my application. I also claimed for 16 points. I have indian BS degree and US MS degree both in CS. Can i anticipate any request for more information from consulate..???
I felt kind of ashmed today after mailing the application. it took me not more than 30 mins in total to finish the application and i was dragging this from almsot 1+ years.
Most of the time things are not as difficult/time consuming as we assume it to be. Lesson learnt...!!!
more...
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GreenCard_Soon
02-16 12:38 PM
Hi,
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.
Please let me know of the next time we plan to get together about this.
Thanks
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Green.Tech
08-06 09:50 AM
Any other thoughts?
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kaisersose
06-02 03:24 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
Here is how I see it,
1. You use your EAD and quit your employer.
2. Your H employer cancels your H-1 and therefore the H-4 is cancelled too.
3. When it is time for your wife to apply for AOS, she has show proof that she is legally in the US at that time.
4. But she is no longer in the US legally and so she cannot really apply.
I would not take this route. Instead I suggest you try to get her a different visa (h1, F1, etc) and make her status independent of yours. If not, then you will have to hold on to a H status until her PD becomes current.
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walking_dude
11-26 11:19 AM
Thanks. Please consider sending the E-mail to your friends as well. We need as many to participate as possible. If not possible to attend due to excruciating circumstances, at the least please consider contributing monetarily to this effort.
I contributed $20 to this cause.
I contributed $20 to this cause.
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maine_gc
04-20 04:02 PM
I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.
So what does the gurus suggest?
So what does the gurus suggest?
nrk
10-06 06:07 PM
Done
GC_2007
12-22 12:05 PM
Your new employer has to start GC from scratch, but you can retain your old PD if your I140 is approved.
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