sri@180
02-08 11:00 PM
I went to USA 1 yr back by h4.h1 is approved in nov2007.If i face any queries on h1 in indian emabassy.Can i go by h4 to USA in that h1 query period.i mean without h1 stamping in query period.
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logiclife
06-23 06:46 PM
I have forwarded all emails I got to Swati, who is in LA and will contact you about the documentary.
Thanks.
Thanks.
JunRN
12-17 06:25 PM
Please state your case such as PD, I-140 approval, previous visas such as H1, F1, etc before we can comment.
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cabal
08-30 12:16 PM
I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
It is an interesting question i am also worried about. I was told by my company attorney that i need to file I-140 asap as USCIS is in process of changing how long you can wait with approved LC before filing I-140. Once you have I-140 approved, basically you can come back to the US on an H-1 to work for the company (you will need a new h-1, even if you have a 3 yr. extension based on approved I-140). Then if and when the priority dates become current you should be able to file for I-485
more...
Misha79
04-01 10:05 AM
Hi all
Thanks for your suggestions.
First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.
Lockers is a great idea ,i dinnt know about it.
Because of all the distances from delhi to native places and time shortage i have to do this.
So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.
Thanks for your suggestions.
First thing ,i should get visa dates then get my flight booked accordingly.I know both things are difficult to get synchronized thats why i am trying to gather all details ahead.
Lockers is a great idea ,i dinnt know about it.
Because of all the distances from delhi to native places and time shortage i have to do this.
So taking taxi from Delhi , i am pretty scared as i heard bad experiences. My couple friend got their certificates stripped of in delhi while they were going for visa.
TomPlate
07-05 12:47 PM
Did you guys called... Senior Members please call or search from
www.switchboard.com
www.switchboard.com
more...
a_yaja
01-16 11:44 AM
In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.
The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.
The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.
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rongha_2000
04-22 02:24 PM
And whats your point?
This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.
Jan-05 C
Feb-05 C
Mar-05 C
Apr-05 1-Apr-02
May-05 C
Jun-05 C
Jul-05 C
Aug-05 C
Sep-05 C
Oct-05 1-Nov-99
Nov-05 1-Nov-99
Dec-05 1-Jul-00
Jan-06 1-Jan-01
Feb-06 1-Aug-01
Mar-06 1-Jan-02
Apr-06 1-Jul-02
May-06 1-Jan-03
Jun-06 1-Jan-03
Jul-06 1-Jan-03
Aug-06 U
Sep-06 U
Oct-06 15-Jun-02
Nov-06 1-Jan-03
Dec-06 8-Jan-03
Jan-07 8-Jan-03
Feb-07 8-Jan-03
Mar-07 8-Jan-03
Apr-07 8-Jan-03
May-07 8-Jan-03
Jun-07 1-Apr-04
Jul-07 C
Aug-07 U
Sep-07 1-Apr-04
Oct-07 1-Apr-04
Nov-07 1-Apr-04
Dec-07 1-Jan-02
Jan-08 1-Jan-00
Feb-08 U
Mar-08 U
Apr-08 1-Dec-03
This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.
Jan-05 C
Feb-05 C
Mar-05 C
Apr-05 1-Apr-02
May-05 C
Jun-05 C
Jul-05 C
Aug-05 C
Sep-05 C
Oct-05 1-Nov-99
Nov-05 1-Nov-99
Dec-05 1-Jul-00
Jan-06 1-Jan-01
Feb-06 1-Aug-01
Mar-06 1-Jan-02
Apr-06 1-Jul-02
May-06 1-Jan-03
Jun-06 1-Jan-03
Jul-06 1-Jan-03
Aug-06 U
Sep-06 U
Oct-06 15-Jun-02
Nov-06 1-Jan-03
Dec-06 8-Jan-03
Jan-07 8-Jan-03
Feb-07 8-Jan-03
Mar-07 8-Jan-03
Apr-07 8-Jan-03
May-07 8-Jan-03
Jun-07 1-Apr-04
Jul-07 C
Aug-07 U
Sep-07 1-Apr-04
Oct-07 1-Apr-04
Nov-07 1-Apr-04
Dec-07 1-Jan-02
Jan-08 1-Jan-00
Feb-08 U
Mar-08 U
Apr-08 1-Dec-03
more...
myan88
03-30 11:08 AM
Your lawyer is right. People are taking advantage of portabilty of PD in multiple 140s. However, they are forgetting fundamental of 140 sponsership. Your employer already filed a 140 for a higher level position (EB2) and now requesting again USCIS to approve a 140 for a lower level position (EB3) for same employee with in a months. How will you justify? Howmany job offer your employer can give you? Is there any logic involved, for a person already given a higher level position, to take a lower level position. In the eyes of USCIS, it will defintly looks like your employer is doing fraud and there is no genuine job offer to you. If it is otherway, it may not look bad. If your first I-140 was EB3 and second one is EB2, then there may be a logic.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
Yes, what you said is exactly the attorney is concerned. I do know that there are a lot of such cases got approved without any problems. But if my employer refuses to cooperate with this excuse, definitely he is not wrong on the legal base, although the employer promisesed: we will try to get your gc as quick as possible.
But how do you think if in the cover letter, we tell USCIS that the purpose of filing this 2nd EB3 140 is to carry over the PD? We can explain the background why we have to do it -- first EB3 labor pending in DOL for 3 years, PERM system came as quicker way and got EB2 approved quickly but encountered visa quota retrogession. If we told USCIS everything, do you think it still cause fraud issue? Because definition of FRAUD is: intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. It really depends on USCIS officer to judge it case by case -- may be denied or approved.
I know one attorney processed similiar case and got RFE to be questioned: why do you apply EB3 after EB2 is approved? The attorney just honestly answered RFE: the beneficiary need the earlier PD. Then this EB3 140 case got approved quite quickly.
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up_guy
09-25 02:03 PM
Porting PD Imp Approach & Question
Background-
Working with employer A have approved labor and I-140 EB3 and have a copy of all documents. Also have an approved EB2 PERM with employer B.
My questions are �
1) Can I transfer my H-1B to employer B to file new I-140 using EB3 Priority Date using recently announced premium service and I will tell employer A that I am on vacation ?
If I get new EB2 approval with old EB3 Priority Date then I will resign from employer A
If I will get rejected new EB2 with old Eb 3 Priority Date then I will go back to old employer A that I am back from vacations
Since this is premium service so turn around time is less than 4 weeks. Less than 4 weeks is not that uncommon to go on vacation.
Any comments or risk of this approach
Background-
Working with employer A have approved labor and I-140 EB3 and have a copy of all documents. Also have an approved EB2 PERM with employer B.
My questions are �
1) Can I transfer my H-1B to employer B to file new I-140 using EB3 Priority Date using recently announced premium service and I will tell employer A that I am on vacation ?
If I get new EB2 approval with old EB3 Priority Date then I will resign from employer A
If I will get rejected new EB2 with old Eb 3 Priority Date then I will go back to old employer A that I am back from vacations
Since this is premium service so turn around time is less than 4 weeks. Less than 4 weeks is not that uncommon to go on vacation.
Any comments or risk of this approach
more...
omved
05-06 02:47 PM
Does replying to RFE along with all required documents means GC is coming soon ??
Augustus..did you get GC yet ?
Thanks
Augustus..did you get GC yet ?
Thanks
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Karthikthiru
10-11 12:40 PM
You said Master's is the requirement. But When did you file your labor?
Karthik
Karthik
more...
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ganguteli
07-07 12:32 PM
Why can't your friend post this himself?
You are such a good friend that you care about his immigration needs. ;)
You are such a good friend that you care about his immigration needs. ;)
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DSLStart
07-28 03:13 PM
AP is a very important document for re-entry incase if you don't have backup such as valid H1B visa. Have read quite a few cases here of people who wait till the last day for applying the renewal and then crying when an emergency occurs and they don't have valid a AP. It is in our best interest to apply it 120 days before its expiration date.
We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
Thanks in advance
-Krishna
We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
Thanks in advance
-Krishna
more...
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Ann Ruben
01-20 09:11 AM
Abhay,
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
Ann
Was the RFE for the I-485 or for the I-140? If for the I-485, has the I-140 been approved? What evidence was requested?
Ann
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chi_shark
10-08 10:27 AM
stock trading for yourself on your personal account is no issues... if you setup a corp and do it through that corp, then you need a secondary H1 B...
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
Guys,
I just wanted to get an opinion of the gurus whether a person can deal with stock trading while on H1-B visa. Can someone point me to some documentation or laws on this? I plan to open an account with e-trade/scott trade .... Your comments are appreciated.
more...
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sadhumis
08-26 06:13 PM
Hi folks,
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
Is there any body out here ported eb3 to eb2 from same employer.
If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.
Your help is greatly appreciated.
Many thanks in advance
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CaveMan232
10-22 12:28 AM
The future appears bleak and depressing considering the recent FOIA numbers which put EB3 GC wait times at approximately 8-10 years. Is there no hope at all? :(
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sdrblr
10-08 11:03 PM
It is all about number game and you(IV or other lobby groups) may not have the # to make lot of noise for that to happen.
I know EAD is not for CP filers today. I also believe EAD is one of the things that USCIS can issue with an admin fix.
I know EAD is not for CP filers today. I also believe EAD is one of the things that USCIS can issue with an admin fix.
nivedit.tyagi
02-19 06:52 AM
List of representatives for Georgia.
http://www.house.gov/house/MemberWWW_by_State.shtml#ga
Need to discuss a plan to call or meet them personally to explain our situation.
--
Thanks,
NT
http://www.house.gov/house/MemberWWW_by_State.shtml#ga
Need to discuss a plan to call or meet them personally to explain our situation.
--
Thanks,
NT
Michael chertoff
11-25 12:47 PM
Why should he?
What are you going to give him in return/what is he going to get by helping us?
We need to first learn to help ourselves.
Sorry imh1b,
I take my words back. I did not posted any Indians Pic with President and I Have respect for Indians who reached to this level and can feel the pain of a fellow immigrants. Unfortunatey people like them dont even think they are INdian anymore. thats why I dont see any reason why try to feel happy for them because they just have Indian name.
Now all RED dots are welcome.
MC
What are you going to give him in return/what is he going to get by helping us?
We need to first learn to help ourselves.
Sorry imh1b,
I take my words back. I did not posted any Indians Pic with President and I Have respect for Indians who reached to this level and can feel the pain of a fellow immigrants. Unfortunatey people like them dont even think they are INdian anymore. thats why I dont see any reason why try to feel happy for them because they just have Indian name.
Now all RED dots are welcome.
MC
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