iv_newbie_2007
06-16 10:06 PM
>>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.
----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.
----------------> I thought COS was to be applied after H1 is approved. I have to ask my employer about this. Thanks for telling me about this.
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vxg
12-31 01:57 PM
See my answers. WE just came back on AP, no issues.
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us?
YES
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
NO
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.
Your help is greatly appericated.
Thank you.
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us?
YES
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
NO
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.
Your help is greatly appericated.
Thank you.
ebizash
02-06 11:50 AM
I was in the same boat last year when I was being promoted and was given 16% increase and a change of title. So my HR asked our immi attorney about any issues (my I-140 was already applied and pending at that time). My attorneys said that there is no issue for H1 as well as GC but they said that they have to file an amended H1-B petition for the promotion, change of title and pay hike.
I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.
I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.
I reasearched at that time, if filing amended H1-B was requirement from USCIS or if the attorneys were playing safe. I found out that USCIS does suggest filing an amended petition if there is a significant change in salary or job duties. Now just like AC21 rule, this is also vague and depends on the interpreation of the attorney. So I agreed with my HR and they filed the amended petition (did I have any other option anyways :) ). Since then my I-140 has been approved.
I will post some links when I have some time. Let me know if you have any question that I can help you with based on my experience and research.
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eborbust
07-01 09:19 AM
To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How does this view go against anybody in this forum?? Infact it will benefit everybody. A "blanket" amnesty will give everybdy a GC including those who have and those who havent applied for EB yet.
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
I am not saying the 2009 or 2010 CIR would definitely exclude legals in US from amnesty but we should contact congress and white house that it should not happen like the it was almost going to happen in 2006.
Search Results - THOMAS (Library of Congress)
S.2611
Comprehensive Immigration Reform Act of 2006 (Placed on Calendar in Senate)
SEC. 601. ACCESS TO EARNED ADJUSTMENT AND MANDATORY DEPARTURE AND REENTRY.
(a) Short Title- This section may be cited as the `Immigrant Accountability Act of 2006'.
(b) Adjustment of Status-
(1) IN GENERAL- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
................
Under any such plan, an Illegal guy living in US for 2 or 3 years will get green card before a legal guy on F1 visa or working on H1B living in US for 2 or 3 years.
We should all contact congress to not to limit any kind of so called "Legalization or Earned path to Green Card" to illegals in US only. Legals should also be included. BUG THE WHITE HOUSE AND SENATORS FOR THIS OTHERWISE YOU'LL BE LEFT OUT. ACT NOW...
more...
nozerd
02-01 12:40 PM
Landing is when you formally enter Canada as a Permanant Resident.
It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.
Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.
It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.
Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.
jetflyer
08-05 10:13 AM
I am expecting more.. lets see what happens in next 1 week.
If we don't see approval it means there are chances for Cutoff date moving forward for EB2 I/C.
If we don't see approval it means there are chances for Cutoff date moving forward for EB2 I/C.
more...
Pineapple
07-26 04:20 PM
Is this good or bad? We dont have even one single person with negative attitude. At least that is good.
I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
I want to be a free rider and want others to pay for my cause 0 0%
I hate these immigrants and H1B workers on this website and will not contribute 0 0%
Interesting poll. I have a small suggestion, though.. If you want unbiased data, you cannot ask leading questions on any survey. For instance, if you ask "Are you a free-rider?", and you are clearly conveying what is the "right" answer.
Ask very neutral questions on the poll. Also, make it anonymous to encourage participation. Pare down questions so that they are distinct and mutually exclusive.
At least that way you'll get better data to work with for analysis.
I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
I want to be a free rider and want others to pay for my cause 0 0%
I hate these immigrants and H1B workers on this website and will not contribute 0 0%
Interesting poll. I have a small suggestion, though.. If you want unbiased data, you cannot ask leading questions on any survey. For instance, if you ask "Are you a free-rider?", and you are clearly conveying what is the "right" answer.
Ask very neutral questions on the poll. Also, make it anonymous to encourage participation. Pare down questions so that they are distinct and mutually exclusive.
At least that way you'll get better data to work with for analysis.
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Hermione
09-25 12:56 PM
this is a good find! they need to have 3 year extensions on EAD
I think they do it for other immigrant categories, like refegees.
I think they do it for other immigrant categories, like refegees.
more...
eb3_nepa
02-03 12:52 PM
Hi guys,
Let's start a Thread which deals SOLELEY with responses to Senators and Congressmen. Anyone meeting or getting replies from S/C pls mention them here.
Admin can we make this Thread a STICKY one?
Thanks
Let's start a Thread which deals SOLELEY with responses to Senators and Congressmen. Anyone meeting or getting replies from S/C pls mention them here.
Admin can we make this Thread a STICKY one?
Thanks
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nozerd
02-01 12:40 PM
Landing is when you formally enter Canada as a Permanant Resident.
It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.
Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.
It doesnt take more than 10-15 minutes. Its easier to do at an airport then by land.
Its also the time you will be submitting your "goods to follow list" - ie the list of itesms you currently have (Jewellery, Car, electronics etc) which you can import to Canada duty free. Anything you bring afterwards could be taxed duty.
more...
PlainSpeak
02-16 03:13 PM
Hi,
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
My I 485 was filed on 07/12/2007 in EB2. My priority date in Feb26 2007.
I am working on EAD now, which is valid through 07/06/2012.
I have got a job offer from one of the top fortune 500 company recently. They are offering the job with a role of "Lead Technical Architect".
Following are the details from my labor:
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
From the generic nature of the role resonsibility, I feel that the "Lead technical Architect" role will not be a misfit with the requirement of "Similar resposibility".
Can you kindly let me know if you see any violation of the EAD porting requirement in terms of similar responsibilities?
Thanks in advance.
You need to check SOC codes for both the roles and confirm
In general english an Analyst role is different than an Architect role. In any case, to use AC21 your roles should not be different by more than 50 %
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rick_rajvanshi
09-12 01:44 AM
Hi Friends,
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.
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BharatPremi
12-05 03:58 PM
If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)
Thanks but I'm not moving in that area.
Thanks but I'm not moving in that area.
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ps57002
09-04 05:12 AM
any pickups from Queens area or Manhattan???
also can someone give link to something that can be printed like a flyer re: rally on 18th?
also can someone give link to something that can be printed like a flyer re: rally on 18th?
more...
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gumpena
08-03 10:16 PM
USCIS press release states that it has issued I-485 receipts upto July 11 2007
and for Texas upto June 26, 2007
and for Texas upto June 26, 2007
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vadik78
03-24 04:42 PM
Including MBA under stem - I do not have MBA, however :(, but I support "educated" immigration
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glus
04-17 07:54 AM
This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
In general a person with a valid visa can drive in the U.S. provided the person is in possession of a valid drivers license. However, if he is not on your insurance policy added as a driver and causes an accident, your insurance company is not liable and can refuse to pay the costs. If he is to drive your car, ask your insurance agent about this.
My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).
Edit: This is in California
In general a person with a valid visa can drive in the U.S. provided the person is in possession of a valid drivers license. However, if he is not on your insurance policy added as a driver and causes an accident, your insurance company is not liable and can refuse to pay the costs. If he is to drive your car, ask your insurance agent about this.
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Libra
08-28 10:11 AM
guys, please contribute to DC rally in whatever way you can.
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sundarraj_us
07-17 08:38 PM
IV Core Team - You have done a great job... No doubt about it.. I already said my sincere thanks to you guys in earlier post and would say it again - Thank You !!!!
BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?
His comments from the bulletin sounds so honest
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...
Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.
I concur
BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?
His comments from the bulletin sounds so honest
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...
Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.
I concur
snathan
06-04 10:37 AM
thank you very much for your help. It makes me feel much better now.just the employer has told me that the business is low these days, will their incom and cotracts will review again? it is a very small size company.
Thanks again
Yes...if they can not prove their viable business and ability to pay....you would have hard time to get the extension.
Thanks again
Yes...if they can not prove their viable business and ability to pay....you would have hard time to get the extension.
vallabhu
11-29 04:19 PM
Already did that in previous reply, the new letter says the evaluation is done basing on the syllabus but Mr vallabhu did not actually take math course as per the syllabus.
I have my certificate from 1992 which also mentioned Math as one of the subjects I don't how he can miss that.
I have my certificate from 1992 which also mentioned Math as one of the subjects I don't how he can miss that.
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