ajju
08-29 11:27 PM
Par: Parolee
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ThackeG67
08-08 08:20 PM
Hi I'm a newbie here and just want to know where can I find the forum rules to avoid posting errors. Thanks
amitjoey
03-14 04:44 PM
How about a monthy subscription? Donate some money every month. Could be $100, $50 or even just $20
2011 Fat Boy Eating Cookie.
rbalaji5
02-09 04:07 PM
Thanks Life2live,
Could you shed some more light to extend without going out of country. I dont want to go through the same process which I did for H1B extension (thru I-129) due to the recent amendment.
I live in California now.
Could you shed some more light to extend without going out of country. I dont want to go through the same process which I did for H1B extension (thru I-129) due to the recent amendment.
I live in California now.
more...
koppula09
01-04 12:51 PM
Hi,
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.
Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.
Thanks & Regards,
-- Venkat
gc_in_30_yrs
10-15 02:46 PM
No LUD Update for my case after FP. but, LUD does not matter. Read LogicLife's post, you will get peace of mind.
:)
:)
more...
braindrain
06-09 09:17 AM
Folks
Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story (http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/)) are becoming more the norm rather than the exception. Any ideas?
Should then one consider using their AP instead?
Cheers.
neverbefore
I had been for the stamping in May'09 and did not have any issues. Received passport in 2 days and no issues at POE(JFK)...
Wanted to ask if the sporadic reports one hears of unexpected delays in H1B stamping at US consulates in India due to "security checks" (link to NPR story (http://marketplace.publicradio.org/display/web/2009/05/07/pm_h1b_limbo/)) are becoming more the norm rather than the exception. Any ideas?
Should then one consider using their AP instead?
Cheers.
neverbefore
I had been for the stamping in May'09 and did not have any issues. Received passport in 2 days and no issues at POE(JFK)...
2010 icon of a fat boy eating a
saileshdude
03-23 09:41 AM
I recently spoke to one of the murhty attorneys about this and they mentioned that if the delay is because of company issues then you can travel back on AP but however if the delay is because of some security check then it is best to wait for it.
more...
casinoroyale
01-24 04:38 PM
Yellow Admin Review is usually TAL (Technology Alert List) check. This kind of makes sense with your Chemical background. This is usually faster check compared to other types (like name-check). This used to take 21 days, you are around the same timeframe.
Hello experts,
I had my h1-b interview in Toronto on January 4, 2008 and got 221g yellow for administrative review. I called DOS one week ago for processing status and was told that name check is on pending. I called DOS today and was told that security check is on pending. Could you please let me know usually how many checks the DOS will do? How long the security will be done?
Thanks!
Hello experts,
I had my h1-b interview in Toronto on January 4, 2008 and got 221g yellow for administrative review. I called DOS one week ago for processing status and was told that name check is on pending. I called DOS today and was told that security check is on pending. Could you please let me know usually how many checks the DOS will do? How long the security will be done?
Thanks!
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coopheal
02-10 02:15 PM
5 Years should be fine.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
more...
yabadaba
07-31 02:34 PM
check out immigrationportal.com
the reason you wont get anywhere in terms of answers in a public forum is because you have not provided us with any relevant information. which forms were filed by your grandfather...which category was it filed under.
did your grandfather not file form I-765? that is an employment authorization document...giving your mom unrestricted permission to work.
the reason you wont get anywhere in terms of answers in a public forum is because you have not provided us with any relevant information. which forms were filed by your grandfather...which category was it filed under.
did your grandfather not file form I-765? that is an employment authorization document...giving your mom unrestricted permission to work.
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gcformeornot
12-31 02:15 PM
please vote....... be good samaritans..... you know what I mean...
more...
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gsc999
09-11 01:32 PM
-----------
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--
Yes you are correct.
I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.
Good work USCIS, hopefully this same level of service will be available to other
steps of legal immigration in near future
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--
Yes you are correct.
I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.
Good work USCIS, hopefully this same level of service will be available to other
steps of legal immigration in near future
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cox
May 2nd, 2005, 09:38 PM
Thanks Kevin! Trial and horror it is then . :-)
Ah, so you've seen my "technique"? :p
It usually doesn't take that much fiddling. The car shot was a special case because of the black finish and the fact that I was shooting from a moving vehicle. At airshows I can usually get the effect I'm looking for in three or four attempts per lighting level (manual mode). I suspect that the motorcycles would be similar.
Ah, so you've seen my "technique"? :p
It usually doesn't take that much fiddling. The car shot was a special case because of the black finish and the fact that I was shooting from a moving vehicle. At airshows I can usually get the effect I'm looking for in three or four attempts per lighting level (manual mode). I suspect that the motorcycles would be similar.
more...
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sundeep14
11-14 11:07 AM
Good Replies / Discussions ...
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nagesh75
07-06 04:40 PM
I am currently working on using EAD. I went to India for a visit and came back to US on 7/7/08 using AP. On the form I-94 they mentioned my status as �Paroled� till 7/7/2009.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
Does it mean I have to leave the country before that date and come back again to get the different date on I-94. Should I worry about the date mentioned on the I-94 form?
I know that, If we are on H1 we usually apply for the extension before our 94 expires so that we will get a new I-94 with new date. But in this case, since I not leaving the country how does this date will get changed in I-94 form.
more...
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.soulty
03-30 04:00 PM
when is this thing going in completed battles? Just wondering...Poll closed and moved to completed battles..
congrats everyone, nice work. ;)
congrats everyone, nice work. ;)
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spdy_mn
06-30 05:22 PM
Guys and Gals,
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
Babloo bhai, you are the best. We needed this post. Hang in there guys, god willing everything will turn out to be good.
It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......
I'am staying positive..... Want y'all to do it too....
All the best....
Babloo bhai, you are the best. We needed this post. Hang in there guys, god willing everything will turn out to be good.
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Ramba
05-01 11:42 AM
Thats exactly my plan. It will be accompanied by covering letter, a spreadsheet and a recommendation.
I will be sending mainly to DOS , DHS and USCIS
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
I will be sending mainly to DOS , DHS and USCIS
First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.
crazyghoda
01-21 01:26 PM
You have absolutely nothing to worry about. I left one job on Nov 24th and joined my next on Dec 6th (almost 2 weeks). I willingly took a break since I was moving to a new city and needed time to check out neighborhoods and find a new apartment, etc.
If you didnt move, just say you needed to take a break and spend time with family or travel around or whatever. Most americans i know take atleast a week or 2 off between jobs so its perfectly normal.
If you didnt move, just say you needed to take a break and spend time with family or travel around or whatever. Most americans i know take atleast a week or 2 off between jobs so its perfectly normal.
meridiani.planum
10-12 08:37 PM
Hi Friends/Gurus,
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
My attorney received an RFE on H1B extension last week.
The details of my case are
2004-Oct-01 -- My H1B started
2004-Nov-20 -- I entered the country on H1B for the first time
2008-Dec-25 -- Date till my current work authorization (I-797) is valid
2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th
2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
2008-Oct-8th -- Attorney received the RFE
When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible
What's the RFE
Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
------------------------------------------------------------------------
I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
Do you think the attorney should have given the intended period only until 11/20/2010?
The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted
My worry
My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).
My questions
1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?
2) Please advice me on how we should resopnd to the RFE and what date we should request for.
3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?
Your help very much appreciated. Please reply to this as my legal stay is based on this.
based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).
In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.
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