PresidentO
02-07 01:21 PM
Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.
That schedule A category is long gone and PT's from every where are now just EB-3.
That schedule A category is long gone and PT's from every where are now just EB-3.
WeldonSprings
05-01 09:22 PM
Hi,
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
When did you apply the card. Was it NSC or TSC and did you e-file.
Thanks.
They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
"Card production ordered/Oath Document sent".
It is just misleadig for a lot of people they can misread it as the PR card.
sunty
07-11 05:18 PM
[QUOTE=PS: The whiners brigade who think USCIS moved EB2 forward to make money out of EAD should know now[/QUOTE]
Maybe I am missing something here...Why do people think its a USCIS conspiracy to move PD forward...If someone's PD is current and he/she gets a 1 year EAD again, they will pay the $360 fee if they filed their I-485 before July 30, 2007, but they don't have to pay the fee again even if they get just a 1 year EAD...only they might have to do is to file the EAD application again next year WITHOUT the fee...
Maybe I am missing something here...Why do people think its a USCIS conspiracy to move PD forward...If someone's PD is current and he/she gets a 1 year EAD again, they will pay the $360 fee if they filed their I-485 before July 30, 2007, but they don't have to pay the fee again even if they get just a 1 year EAD...only they might have to do is to file the EAD application again next year WITHOUT the fee...
GCwaitforever
03-20 10:42 PM
Take the EB3 job if it pays good money and provides quality experience. You can always interfile later on and switch to EB2 if EB2 is progressing quicker. We do not know which horse is going to run fast at this moment.;)
more...
coopheal
04-23 12:16 AM
I see no reason why you cant move to permanent offer.
I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,
I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer
Details:
Company:A for Programmer/Analyst: and 140 is approved.
I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.
Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.
I am confused as to what should be my next steps:
Can I still join them?
What is the less risky option?
Keep working with current company? (I haven't informed them of pending offer)
I very much appreciate any help you can provide.
I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,
I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer
Details:
Company:A for Programmer/Analyst: and 140 is approved.
I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.
Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.
I am confused as to what should be my next steps:
Can I still join them?
What is the less risky option?
Keep working with current company? (I haven't informed them of pending offer)
I very much appreciate any help you can provide.
eager_immi
02-12 10:51 PM
it will at some point of time but not in this months bulletin or in the near future. Folks , for someone with March 2004 Eb3 India PD , is converting to Eb2 really going to help in any way at all ? Please suggest.
more...
thadipalam
10-25 01:12 PM
Does anybody have an experience of Chicago/Waukegan office?
MrDesi
02-07 04:36 PM
you are the kinda guy who is screwing up everyone by filing unnecessary labors, too many I140 and clogging the system for genuine people. Shame on you.
Hello , Basically i was working in company B for a long time and they applied GC. Then I shifted to comp A and filed labor recently.
The company B was not doing good and for safety sake applied GC in company A also
Regards
Hello , Basically i was working in company B for a long time and they applied GC. Then I shifted to comp A and filed labor recently.
The company B was not doing good and for safety sake applied GC in company A also
Regards
more...
Blog Feeds
04-26 11:20 AM
As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.
An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.
But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:
If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.
If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.
To validate departure, CBP will consider a variety of information, including but not limited to:
* Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
* Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
* Dated bank records showing transactions to indicate you were in another country after you left the United States,
* School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
* Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.
More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)
An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.
But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:
If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.
If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.
If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.
Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.
If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:
DHS - CBP SBU
1084 South Laurel Road
London, KY 40744
Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.
To validate departure, CBP will consider a variety of information, including but not limited to:
* Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
* Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
* Photocopies of other supporting evidence, such as:
* Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
* Dated bank records showing transactions to indicate you were in another country after you left the United States,
* School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
* Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.
To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.
We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.
If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.
Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.
So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.
More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)
Saralayar
05-21 07:59 PM
Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?
Is it 120 business days or just week days?
Is it 120 business days or just week days?
more...
vivaforever
08-12 11:08 PM
Guys you think Sept Visa Bulletin is coming soon?
invincibleasian
02-05 02:39 PM
This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.
more...
perm2gc
08-24 04:45 PM
Hi Everyone,
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
You go for stamping for new I797 not for old one i asssume..They will issue you visa according to the I797(New).
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
You go for stamping for new I797 not for old one i asssume..They will issue you visa according to the I797(New).
WaitingForMyGC
01-11 02:38 PM
What would happen if the labor is approved and I-140 is pending and you have to apply for your 7th/8th year extension? I think this could happen to many people who are getting yearly extensions as nowadays it is usually taking 6 months to get your H1 approval/I-140 approval.
more...
ngopikrishnan
07-30 11:03 AM
I would go with the FAQ released on July 23 (since it is the latest) instead of the Direct Filing update released on June 21.
Where was your I-140 applied (if it is not concurrent with 485)?
Also, Q6 says the following:
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center.
Do NOT split hairs! You are okay!
P.S.: BTW, are you working for Cognizant?
Where was your I-140 applied (if it is not concurrent with 485)?
Also, Q6 says the following:
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center.
Do NOT split hairs! You are okay!
P.S.: BTW, are you working for Cognizant?
dreamworld
11-09 02:58 PM
If No I-94 attached with the approval notice then you need to get the stamping when you tavel outside the country.
more...
haider420
03-04 12:56 AM
I like your handle though, haider420
yea bro wish it could be 420/365 ;)
yea bro wish it could be 420/365 ;)
svn
04-07 07:06 PM
After 10 years on H-1, last year we applied for my H1 extension and received a 3 year extension, based on I-140 approval. However, I am traveling out of the country and did not want to go to the consulate for a visa stamping especially since I had a tough experience the last time around. Luckily, my company also applied for EAD extension and Advance Parole. I am planning to use the Advance Parole for reentry - therefore, travel is one reason you might prefer to have an Advance Parole (though you might be able receive an Advance Parole without extending your EAD as well - am not sure of that)
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.
continuedProgress
01-03 11:21 AM
YOU: If thats a valid visa until 2009 you can travel without AP. Else, you can travel but will need H1 stamped.
YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
If your travels are not urgent you could wait for AP and save couple hundred bucks!
YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
If your travels are not urgent you could wait for AP and save couple hundred bucks!
abe1
06-23 12:28 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..
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..
techbuyer77
06-12 03:47 PM
up
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