kshitijnt
04-25 09:33 PM
New OPT rule says that you should not be unemployed for more than 90 days on OPT. Since you are on OPT, you are not out of status. You need to find a new job ASAP.
If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
You will need approved petition or receipt number to transfer H1.
As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.
If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
You will need approved petition or receipt number to transfer H1.
As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.
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rheoretro
11-07 01:20 PM
Friends,
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?
Can you all post the names of good consulting companies to work for. Let's create a list here.
Thanks,
And what would that list of "good consulting companies" have to do with IV? Or Employment-Based LEGAL IMMIGRATION?
sent4dc
08-27 02:41 PM
First of all, let me thank you all for sharing your insight. This site is a treasury of information.
I'm trying to find a government site with all the forms and fees to apply for the H1B extension and can't seem to accomplish it. Does anyone know the link?
Thanks again!
I'm trying to find a government site with all the forms and fees to apply for the H1B extension and can't seem to accomplish it. Does anyone know the link?
Thanks again!
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Jaime
09-06 04:42 PM
UK and other countries in Europe must be smoking pot to think that they tap into the pool of skilled migrant workers returning from US. These people are returning back to their home countries primarily due to the recent advancements in their own countries, and to some extent due to the GC & visa mess in US.
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)
The working (& living) condition in Europe is not as good as it is in US, and the scope for personal advancement is not as good as it is in India, China, Brazil, and many other countries. Why would anyone do a stop over in between? And that too in UK - the country with the most racism than any other European country, may be with the exception of Germany. Just look at how it reversed its GC policy (a scheme called by some other BS name).
Believe me - I'm speaking from more than 8 years of living and extensive travel in that region. You don't want to do that.
You are right, but the point here is not whether kicked out U.S. PhDs want to leave the U.S. for Europe, the point is that those PhDs ARE WANTED everywhere, except in the U.S. (regardless of where they choose to settle, which will probably be, like you rightly stated their home countries, where the opportunities are the best)
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chansek
07-22 02:08 AM
rajeshiv, Thank you for your response. I mean, i used my personnel check (My Checking A/C with Chase) to pay the I-485, EAD and Advance Parole fees.
Please let me know if this cause any problems.
Thank you for all your help.
Please let me know if this cause any problems.
Thank you for all your help.
webm
05-29 12:54 PM
4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
---Yes depends on your H1 validity one can continue working although I-94 stamp paroled for 1yr validity expired ie AOS pending status will let you in and contine the work on H1 or EAD
---Yes depends on your H1 validity one can continue working although I-94 stamp paroled for 1yr validity expired ie AOS pending status will let you in and contine the work on H1 or EAD
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anilsal
02-10 10:22 PM
http://news.bbc.co.uk/2/hi/health/6944747.stm?lss
Wonder if checking USCIS status for LUD can be equally stressful. :(
Wonder if checking USCIS status for LUD can be equally stressful. :(
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wandmaker
06-19 08:04 AM
This document is mandatory - why don't you either ask your lawyer for a copy or call up USCIS and explain the case. Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.
Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
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sameerkhan7860
07-02 11:22 PM
I wrote to cnn.com highlighting the plight of us aspiring "legal" immigrants, if cnn won't cover it, I am planning to write to Lou Dobbs, if I am given the opportunity to be come a naturalized citizen, he is definitely going to listen to me :)
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whitecollarslave
02-26 01:50 PM
Guys, Sorry for my ignorance but
I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written
An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.
I have my I140 approved through a american company and my h1b is getting expired in june 09.
According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.
Might be some one can explain what is exactly means.
Thanks in advance!!!!
https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==
Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.
... so whats your confusion?
I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written
An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.
I have my I140 approved through a american company and my h1b is getting expired in june 09.
According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.
Might be some one can explain what is exactly means.
Thanks in advance!!!!
https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==
Ok, so the above says that you can get a "immigrant visa" based on approved 140 (for your case). In order to get that "immigrant visa" that will allow you to work "indefinitely", you need to actually apply for the the "visa". Based on your 140, you can apply for this "immigrant visa" in two ways. If you are outside of the country, do what is called "consular processing" where you apply for a immigrant visa at a US consulate in a different country. If you are already (legally) in the US, you apply for what is called adjustment of status. The problem is that these "immigrant visas" based on 140 are in short supply compared to demand. Join the queue.
... so whats your confusion?
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willigetgc?
07-06 10:32 AM
Recently I started looking other options in India, Britain, Canada and Australia.
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
It is true that US is a far better country for immigrants - it is a lot easier to assimilate in here than anywhere else in the world. US not fixing its immigration system will only make the brightest stay in the home country!!
Cannot fault them either for staying, who wants to be stuck in the gc system with no end in sight?
Here is what I found just in last 1 week.
Britain puts new cap on non-European high skilled immigration
United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (http://www.mondaq.com/article.asp?articleid=104198)
Non-EU immigration to the UK: the statistics visualised | UK news | guardian.co.uk (http://www.guardian.co.uk/news/datablog/2010/jun/26/non-eu-immigration-uk-statistics#zoomed-picture)
The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
Canada to welcome high skilled and wealthy immigrants | Canada Updates (http://www.canadaupdates.com/content/canada-welcome-high-skilled-and-wealthy-immigrants)
Australia announced new visa ruler to target Indians
New visa rules not targeting Indians: Oz envoy - World News - IBNLive (http://ibnlive.in.com/news/new-visa-rules-not-targeting-indians-oz-envoy/125603-2.html)
This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.
It is true that US is a far better country for immigrants - it is a lot easier to assimilate in here than anywhere else in the world. US not fixing its immigration system will only make the brightest stay in the home country!!
Cannot fault them either for staying, who wants to be stuck in the gc system with no end in sight?
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mallikonnet
07-19 11:01 PM
As per the last revised visa bulletin, the extension period for filling I-485 is Aug 17. But it talks about only I485 and not about I-140.
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
why not. i dont see why they would not accept cuncurrent filing of I-140/I-485
So can anyone confirm, if one can file I-140 and I-485 concurrently from Aug 1 to Aug 17.
why not. i dont see why they would not accept cuncurrent filing of I-140/I-485
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SertTurk
07-19 01:59 PM
Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form when the bulletin is showing April2002. He says we are not eligible for that...And then he said "if the date was current, you would be in Turkey for consular processing and will not need file"
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ganam
02-21 08:57 PM
Yes. It is possible to do H1 Transfer and use AC21 without disrupting the GC process.
Please go to
http://www.murthy.com/news/n_nuacp2.html
and see Question 11. Do I have to use an EAD to use AC21?
Please go to
http://www.murthy.com/news/n_nuacp2.html
and see Question 11. Do I have to use an EAD to use AC21?
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Prashanthi
05-27 05:15 PM
it only makes sense to avoid a labor cert if you file under one of the EB-1 categories as this is current, you can avoid the wait for the visa numbers which is substantial. The three categories under the first preference are: (I) Persons of Extraordinary Ability, (ii) Outstanding Professors and Researchers; and (iii) Multinationals Executives or Managers.
You may qualify for the 1st or 2nd one depending on your achievements.
You may qualify for the 1st or 2nd one depending on your achievements.
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LookingForGC
05-10 10:11 AM
The best is yet to come my friends
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gcwait2007
12-22 09:14 AM
Once again Thanks, Bestin.
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
I am married long enough and I do not want to get into marriage again with a GORI ladki. Once bitten twice shy :rolleyes:. Enough is enough.
I spoke to my manager who had agreed to do the needful. However, he had put another spoke now by writing in the approval email that it is my responsibility to keep the EAD current.
I do not understand this part- I am working on H1-B, why should I keep my EAD current, by paying my own fees?
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desi3933
07-05 03:30 PM
There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine
Incorrect.
This is for I-485 filing only and it is
out of status days should be < 180 days since the last entry into USA
___________________
Not a legal advice.
Incorrect.
This is for I-485 filing only and it is
out of status days should be < 180 days since the last entry into USA
___________________
Not a legal advice.
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shar533
04-30 12:38 PM
Gator, I wish I could answer that part.While I was doing research on AVR on this forum and other Google results, I think I did read somewhere that using AVR might affect adversly on AP application.
You know, 1 thing I did b4 going out was to go on CBP official website, went to Ask a Question and asked my question. I got reply same day from an official Chris. I printed that question and answer page and took with me, just in case. But everything was fine.
You know, 1 thing I did b4 going out was to go on CBP official website, went to Ask a Question and asked my question. I got reply same day from an official Chris. I printed that question and answer page and took with me, just in case. But everything was fine.
cdeneo
01-05 04:44 PM
I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).
Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
neeidd
07-10 11:35 AM
Hi,
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
I think, you can still work on H1 even though your current extension is pending
I got the standard RFE
1) End date in client letter
2) EE relationship
3) show project validity till h extension requested( 3 years)
RFE response to be received on or before July 10 2010
With all problems from vendor and client i was able to get letters but my lawyer sent the packet on July 9 and when I was tracking the status it says that UPS due to some unforeseen reason will now deliver this packet on 7/12 ..2 days after deadline, the packet has sent date 7/9 and was marked next day AIR
My question is
) Am I screwed in this case and my H1 is gone. current H1 period expires 07/15
2) Or will USCIS will accept the respnse since it was posted before on 7/9
I am so mad at my lawyer but looks like H1 is gone and I have to pack my belongings ...
any advice please
I think, you can still work on H1 even though your current extension is pending
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