mallu
01-24 01:35 PM
Yes. As long as your PD was current in some point of time you can file WOM. Be sure to include Department of State as a defendant so it could be ordered to release a visa number for you..
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iluvgc
08-28 03:18 PM
Dint know if i could post it, as its internal mail, thats y i removed it. Sorry abt confusion.
internal for who do u work DOS/USCIS u jerk
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small2006
06-09 01:43 PM
Guys,
Chill out...Everybody is unnecessarily getting worked up just because our frustrations are not reflected in the article.
It doesn't say "that people are waiting for GC because of strict rules". That is totally taken out of context. Re-read the article.
Keep in mind where the article has appeared - BBC. Keep in mind the audience of the article - people who don't know anything about this issue. From that perspective it does a decent job of providing someone with some idea as to what the H1B/GC issues are about. It is in no way meant to be (or attempts to do) a thorough in depth report on what is going on. Think of it as just a "big picture" overview of the PATHETIC state of US immigration system as it applies to H1Bs and GCs.
On the point of painting "H1B issue as Indian issue" - Although the article doesn't claim to do that, don't you think that when 65% of H1Bs are taken up by Indian nationals (at least in 2000, probably more later, http://www.murthy.com/news/UDtechi.html)
, it is at least a "65% Indian issue."
In any case, my intent was not to be rude but just to point out that there is no need to get so riled up on an article that neither hurts or helps our cause.
Take it easy.
The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
Chill out...Everybody is unnecessarily getting worked up just because our frustrations are not reflected in the article.
It doesn't say "that people are waiting for GC because of strict rules". That is totally taken out of context. Re-read the article.
Keep in mind where the article has appeared - BBC. Keep in mind the audience of the article - people who don't know anything about this issue. From that perspective it does a decent job of providing someone with some idea as to what the H1B/GC issues are about. It is in no way meant to be (or attempts to do) a thorough in depth report on what is going on. Think of it as just a "big picture" overview of the PATHETIC state of US immigration system as it applies to H1Bs and GCs.
On the point of painting "H1B issue as Indian issue" - Although the article doesn't claim to do that, don't you think that when 65% of H1Bs are taken up by Indian nationals (at least in 2000, probably more later, http://www.murthy.com/news/UDtechi.html)
, it is at least a "65% Indian issue."
In any case, my intent was not to be rude but just to point out that there is no need to get so riled up on an article that neither hurts or helps our cause.
Take it easy.
The reporter does not seem to know the issue at all and coming from an Indian/Pakistani background painted the whole issue as if it were a Desi issue.
Dude writes that visas dry up and he quotes USCIS spokes person saying we are sitting at 45,000 from week 1 and haven't still moved an inch. Damn it! Gimme a break! Get real
The attorney featured sings to his tune and talks about all things Indian, Indian companies, Indian nationals, India. Wow! Does any one need more ammunition to take charge and paint H1B issue as Indian issue? Sorry to be harsh but this is more of a bad press than any thing helpful.
Then he goes on to say that people are waiting for GC because of strict rules?? Excuse me! until Jul 2007 rules were not implemented. This guy says strict rules.
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ImmigrationAnswerMan
06-29 12:22 PM
Anil:
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
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hellomms
02-12 11:34 AM
Should have asked this question a year ago. Sorry, not rubbing it in but if you had applied last year you probably would have had your PErm approved and possibly 140.
Anyhow, I think you should apply for it anyway, see how far you can go. Agree with forgerater's response. you have about 1.5 years. Assuming that everything goes fine, you could have your labor in a few months (approx 6) and then 140 in another six months. And if I understand the system, you can extend your H1 once you get to I-485
Anyhow, I think you should apply for it anyway, see how far you can go. Agree with forgerater's response. you have about 1.5 years. Assuming that everything goes fine, you could have your labor in a few months (approx 6) and then 140 in another six months. And if I understand the system, you can extend your H1 once you get to I-485
hobbyaddict
December 1st, 2008, 04:24 PM
Be careful with your answer Owen... You already know what could happen with the thread... If everything goes as planned I'll be giving it a work out while shooting a gymnastics event this weekend. I can easly take thousands of shots during the event...
Last year I had to get up close and use a 50mm 1.8 lense with the d200 due to the poor lighting. I am hoping that I will be able to use the 70-200 2.8vr lense along with the d300. I have to stay a bit behind in the technology, so that I can afford new equipment ;) Who knows maybe I'll be able to pay for a good chunk of it with sales from the event ;)
I hope that it performs better in the high iso ranges as I have read.
I am excited... it's an addiction
-Ed
Last year I had to get up close and use a 50mm 1.8 lense with the d200 due to the poor lighting. I am hoping that I will be able to use the 70-200 2.8vr lense along with the d300. I have to stay a bit behind in the technology, so that I can afford new equipment ;) Who knows maybe I'll be able to pay for a good chunk of it with sales from the event ;)
I hope that it performs better in the high iso ranges as I have read.
I am excited... it's an addiction
-Ed
more...
venky08
12-06 11:35 PM
three words dude:
FIRE YOUR LAWYER:D
seriously,
you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.
do a google search on rule 104 or somebody else can help you out with this
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
FIRE YOUR LAWYER:D
seriously,
you can apply for h1-b for 3 years after i-140 gets approved if you are from oversubscribed countries. in the cover letter to USCIS for the h1 extension, ask them to refer to rule #104 (or something) of USCIS which allows you to file the extension after six years.
do a google search on rule 104 or somebody else can help you out with this
Hello,
My apologies upfront if I am posting this in the wrong thread.
I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?
As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.
I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.
Thank you.
Apoorv
My GC status is as follows
I-140 - approved
EAD - approved
AP - approved
FP - completed .
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averagedesi
09-23 08:45 PM
I think your scenario is perfectly valid, its a honest mistake by USCIS, however if USPS or fedex or UPS screws things up and if the application reaches USCIS say on August 18th or 20th instead of the 17th, I dont think USCIS would do anything but reject the application again. But I guess it doesnt hurt to try assuming one is not desperate for the AP as in my case.
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praveenuppaluri
02-21 08:02 PM
nmdial and sac-r-ten
thanks for your responses. I am going forward with "do not apply" option for now.
thanks for your responses. I am going forward with "do not apply" option for now.
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pleaseadviseme
09-23 12:56 AM
Thank you very much for the quick reply!
I just got some feedback from my employer.
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
Thank you so much again, you have been a really helpful attorney.
I just got some feedback from my employer.
Is it possible for my employer to file for my H1b, and I can find another lawyer on my own to file for my Wife's H4? I think my employer isn't really willing to file for my wife from his tone....
he said he will file it next month, but will petition for my H1b to validate in June next year (when my OPT ends, my H1b will validate the next day). in this case, when can i start the petition for my wife if she is in F1 after i got my H1b 3, 4 months from now(but won't be validated till June next year)?
I am filing for her F-2 next month, I seriously doubt by the time i file for her H4, her F-2 will be in the mail. should i wait for the F-2 to be approved then start petition for H4?
Thank you so much again, you have been a really helpful attorney.
more...
conchshell
08-14 07:36 PM
Enjoy n congratulations!!
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hpandey
06-16 01:44 PM
How long has it been that you filed for I-140 ? Has it been approved yet.
I think you can move on to another company only after the I-140 has been approved and it has been more than 180 days . USCIS mails the approval notice to the company/attonery who filed on your behalf.
I think you can move on to another company only after the I-140 has been approved and it has been more than 180 days . USCIS mails the approval notice to the company/attonery who filed on your behalf.
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shana04
02-01 06:21 AM
I am planning to use AC21 and would like to change attorney for my 485 (along with my spouse). Please suggest a good immirgation attorney.
Also provide feed back if you have any experience.
I am planning for Rajiv kahanna, even though he is bit expensive.
Thanks in advance.
Also provide feed back if you have any experience.
I am planning for Rajiv kahanna, even though he is bit expensive.
Thanks in advance.
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adi787
12-02 09:11 PM
Thanks for your replies....
I was asking... 3 year extn AFTER 6th year... anyway.
to kris04:: Was your case like you never worked for sponsoring company?
I was asking... 3 year extn AFTER 6th year... anyway.
to kris04:: Was your case like you never worked for sponsoring company?
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sumithooda
01-12 11:58 AM
gcdreamer05:
Is there something we can do to avoid this PIMS delay.......
Yes, You should be able to find out a contact number and call them in advance with you appointment details handy and ask if your details in PIMS are uptodate with your current H1 extensions and stuff. This call would be free in india, but if you have appointment in CANADA, they do charge some money for that call to CANADA.
Kiran K02
Masterji, I will not be able to come on AP as my Passport is in Application Package.
If they dont have your details inPIMS they would send your passport back by post and would askk you come after particular time when they have details and so on. So once you have your passport you can always fly with AP. This is the sole reason why people say to carry AP as back-up.
Thanks
Is there something we can do to avoid this PIMS delay.......
Yes, You should be able to find out a contact number and call them in advance with you appointment details handy and ask if your details in PIMS are uptodate with your current H1 extensions and stuff. This call would be free in india, but if you have appointment in CANADA, they do charge some money for that call to CANADA.
Kiran K02
Masterji, I will not be able to come on AP as my Passport is in Application Package.
If they dont have your details inPIMS they would send your passport back by post and would askk you come after particular time when they have details and so on. So once you have your passport you can always fly with AP. This is the sole reason why people say to carry AP as back-up.
Thanks
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PDOCT05
10-29 01:10 PM
^^^^^^^^^^^^^bump^^^^^^^^^^^^^^^
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chi_shark
12-02 10:11 PM
ya i replied. I am sure no one is looking forward to paying taxes. Even those who make more than $1 million a year.
o lord labaku... in this case, i am talking to those of us who have started up a company in recent times and are looking forward to offsetting their incomes by the company expenses and hence save on taxes...
o lord labaku... in this case, i am talking to those of us who have started up a company in recent times and are looking forward to offsetting their incomes by the company expenses and hence save on taxes...
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ameryki
07-20 11:17 PM
Hello,
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
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go_guy123
09-16 04:35 PM
I would say don't put too much emphasis on these kind of stories, if the CIR bill is not going to be worked on then why did the senator schedule this meeting ? just for fun ?!
View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4057)
I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach
It is done mainly for PR purposes. He knew CIR wont happen. But he will now get excuse to say: I tried but the republicans didn't cooperate on health care and so we didn't get time.
Plus since CIR doesn't pass, he can go to the independents and say .....we didn't pass amnesty. He gets to play both sides.
"discussion", "debate", "study" , "meeting" these are code words for doing
nothing.
View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4057)
I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach
It is done mainly for PR purposes. He knew CIR wont happen. But he will now get excuse to say: I tried but the republicans didn't cooperate on health care and so we didn't get time.
Plus since CIR doesn't pass, he can go to the independents and say .....we didn't pass amnesty. He gets to play both sides.
"discussion", "debate", "study" , "meeting" these are code words for doing
nothing.
beibei2929
05-15 01:39 PM
Thank you, priderock!!!
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.
Did you mean you are going to apply for a new visa stamp in your country ? If yes, your new visa stamp will be valid until June 30. I am not sure I got the 3 moth visa validity part.
When they extend your h1 they give you new I94. If you go to your home country and reenter on the old visa , you get a new I94 valid until june30 only from port of entry. My lawyer cautioned me about this once because your latest I94 (short validity) may be the valid one. I am not sure about this but I remember getting cautioned about traveling while H1B extension application is pending. I had to have my H1 approval mailed to me and show the new extension at the port of entry so that I get a valid I94 with new valid date.
Talk to an Attorney when in doubt.
needgc1712
06-03 05:36 PM
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
