gclabor07
11-23 02:15 PM
Try checking their site right around 9:30pm EST. They seem to open up appointments between 9:30-10pm. Appointments fill up pretty easily. (So much for our visa fee dollars).
Hi
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
Hi
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
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Robert Kumar
03-22 09:03 AM
It's no brainer. Have the baby in US and then leave for india. You get US citizenship for your baby free of cost and without any hassles. Your baby can get indian citizenship anytime if that's your goal.
And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.
And u can get your GC by him sponsoring for you as parents in just 15-16 years from now.
That will be faster than this EB2 and EB3 backlogs.
You help him now, and he will help you.
veni001
11-08 01:32 PM
hello
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
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casinoroyale
01-07 11:51 AM
>if one enters using AP,then works for his current employer , even then, >he/she has to leave and reenter to get h1 status? or only in case of ac21?
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
can you please explain little more? what is meant by after invoking, is it AC21?
If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
thanks in advance.
Ok, after using AP there are two ways in order to reinstate H1B status.
1) By applying H1b extension after entering on AP
2) going out of country and entering with valid h1b visa stamp.
This is based on what i read in immigration-law.com and again as per murthy office.
can you please explain little more? what is meant by after invoking, is it AC21?
If one enters using AP,then works for his current employer , even then, he/she has to leave and reenter to get h1 status? or only in case of ac21?
thanks in advance.
more...
amits
02-04 04:58 PM
I am in Phoenix/Tempe area.
dtekkedil
07-02 05:20 PM
Hello Folks,
We have all been victims of a cruel joke played by DOS and USCIS! We should not stand by and do nothing!
We should call the new organizations and let them know... make sure that they cover this fisco!
But, I want to see this issue in the news not just for a day or two. The one thing that will catch people's attention is we do something OUT of the way!
I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!
So, if people are interested... let us start a send a flower a day campaign!
We have all been victims of a cruel joke played by DOS and USCIS! We should not stand by and do nothing!
We should call the new organizations and let them know... make sure that they cover this fisco!
But, I want to see this issue in the news not just for a day or two. The one thing that will catch people's attention is we do something OUT of the way!
I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!
So, if people are interested... let us start a send a flower a day campaign!
more...
deardar
07-13 08:13 AM
and marry a celebraty
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dba9ioracle
09-15 03:10 PM
Nice idea.. I am for it.
more...
immique
07-03 01:50 AM
H1B transfer pending & going out of US for 3 days.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
My h1b is valid till Sep 30 2008 and this h1b is from my old employer which I left on jun 20. I joined new employer on Jun 23rd and the petition was filed on Jun 16th, it was rcvd by USCIS on Jun 17th.
I am going to Mexico on Jul 4th and will be coming back on Jul 7th. Now if I am not asked to surrender i-94 while I leave USA I think I will be OK but if I had to surrender i-94 while leaving USA then what documents I should have to enter (USA) ???
Should I tell that I have joined new employer or should I not?
My old employer is not going to cancel my currenct h1b PLUS my old employer had filed for an extension also....
I have read that if the petitioner can not provide with proof of h1b transfer in form of rcpt notice or approved i 797 at the POE then he/she is inadmissible.
Please help by throwing out your thoughts/past experience/knowledge base in this area.
Thanks
it is advisable not to leave the country while H1 extension is pending and you cannot lie to the immigration officer at the port of entry. if they take your I-94 while leaving (if going to Mexico, they generally do not take I-94) then you may have a problem reentering and you may have to wait until H1 extension is approved and then reenter using the new H1 approval.
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purplehazea
05-15 12:15 PM
This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.
more...
sanju
08-02 11:46 PM
Thanks for the information. VB dates were stuck around April 2001 date because a large number of applications were filed to meet the deadline for
245i.
The dates were �current� until 2005 because of the availability of unused visa numbers that were recaptured by AC-21 bill - passed in 2000-2001. So countries with larger applicant pool got (a lot) more than the otherwise allowed ~3000 green cards in each category. Since 2005, there are no recaptured visa numbers are available, so applicants in a category from any specific country cannot get more than ~ 3000 green cards. Pls. see the distribution of green card numbers in 2006 in his document:
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf
Most people on the forum are busy tracking their 485 receipt, of encashment of bank checks, IO comments etc. Most people will learn that all this is tracking is of no use other than helping everybody to have higher BP. If more green card numbers are not allocated, the wait time for applicants with priority date 2006 could possibly be more than a decade. The past trends were driven by positive events like visa recapture etc. So these trends are not reflective of what to expect in the future. But looking at 2006 numbers, one thing is for sure, the wait times could be a many more that what we would expect.
There is only thing that can prevent wait times of more than 10-15 years - change in the law to increase the number of EB GCs.
245i.
The dates were �current� until 2005 because of the availability of unused visa numbers that were recaptured by AC-21 bill - passed in 2000-2001. So countries with larger applicant pool got (a lot) more than the otherwise allowed ~3000 green cards in each category. Since 2005, there are no recaptured visa numbers are available, so applicants in a category from any specific country cannot get more than ~ 3000 green cards. Pls. see the distribution of green card numbers in 2006 in his document:
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf
Most people on the forum are busy tracking their 485 receipt, of encashment of bank checks, IO comments etc. Most people will learn that all this is tracking is of no use other than helping everybody to have higher BP. If more green card numbers are not allocated, the wait time for applicants with priority date 2006 could possibly be more than a decade. The past trends were driven by positive events like visa recapture etc. So these trends are not reflective of what to expect in the future. But looking at 2006 numbers, one thing is for sure, the wait times could be a many more that what we would expect.
There is only thing that can prevent wait times of more than 10-15 years - change in the law to increase the number of EB GCs.
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frostrated
09-09 03:33 PM
Me and my wife are on pending I-485 AOS. Mine is employment based (EB3) and my wife's is derivative.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
I-140 is approved.
I work here on EAD. My wife had to travel to India urgently. She applied for Advance Parole, but had to leave before she received the Advance Parole.
Now she wants to return back, but as she has not yet received Advance Parole, will she need to apply for Visa?
Or is it better to wait for Advance pArole decision?
If Visa, under what category?
Thanks
As you are already working on EAD, you are no longer in H1 status. Therefore, the only option for your wife to return is to wait for the approval of the AP.
If AP is denied, your have to request a Motion To Reopen the denial and hope that it is approved.
If it is still denied, then you will have to wait for your green card to be approved.
more...
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Blog Feeds
12-18 09:50 AM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
Yesterday I was taken aback when I turned to the editorial page of the San Jose Mercury News, the primary newspaper of Silicon Valley, and found an Op-Ed by Patrick J. Buchanan calling for a moratorium on ALL LEGAL immigration. (http://www.mercurynews.com/opinion/ci_13952824?nclick_check=1) He argues that the LEGAL immigrants are taking jobs from U.S. workers, and that by barring all U.S. immigration the economy can recover faster.
Legal immigration is not the same as "illegal" immigration. He is not talking about doing something about the high number of undocumented people living in the U.S. By calling for a halt to legal immigration, he would stop the husbands and wives of U.S. citizens from immigrating to the U.S. He would prevent the children and step-children of U.S. citizens from coming to the U.S. He would stop the parents of U.S. citizens from immigrating. He would stop U.S. citizens from adopting children from abroad. He would prevent those who came as refugees from obtaining permanent residence. He would turn away the brilliant minds who qualify to immigrate by being awarded the equivalent of a Nobel Prize.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/12/san-jose-mercury-news-publishe.html)
Yesterday I was taken aback when I turned to the editorial page of the San Jose Mercury News, the primary newspaper of Silicon Valley, and found an Op-Ed by Patrick J. Buchanan calling for a moratorium on ALL LEGAL immigration. (http://www.mercurynews.com/opinion/ci_13952824?nclick_check=1) He argues that the LEGAL immigrants are taking jobs from U.S. workers, and that by barring all U.S. immigration the economy can recover faster.
Legal immigration is not the same as "illegal" immigration. He is not talking about doing something about the high number of undocumented people living in the U.S. By calling for a halt to legal immigration, he would stop the husbands and wives of U.S. citizens from immigrating to the U.S. He would prevent the children and step-children of U.S. citizens from coming to the U.S. He would stop the parents of U.S. citizens from immigrating. He would stop U.S. citizens from adopting children from abroad. He would prevent those who came as refugees from obtaining permanent residence. He would turn away the brilliant minds who qualify to immigrate by being awarded the equivalent of a Nobel Prize.
More... (http://www.siliconvalleyimmigrationlawyer.com/2009/12/san-jose-mercury-news-publishe.html)
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peer123
04-03 07:20 PM
Thanks for your inputs,... I welcome others thoughts and experience on this topic
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aadimanav
10-26 09:42 AM
On Home page it is still not fixed.
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snathan
02-23 08:13 PM
Hi,
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
1. You cannot use the experience gained from the current employer...
2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.
So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.
Im from India and joined the company 4 years back as Programmer/Analyst. I have an Bachelors in Computer Science (3 Yrs) + MCA (3 Yrs) and experience of 4 years & 8 months before joining the company. The company field for GC under EB3, priority date: November 2008 and I-140 approved date: November 2009.
With nearing 9 years of experience company promoted me to Sr. Programmer/Analyst consultant and is ready to file the case in EB2.
My question:
1. My priority date from EB3 is November 6, 2008. So after approval of fresh labor for EB2, can the new I-140 for EB2 be filed with the old priority date of EB3 ?
2. Can the same company hold two I-140 for the same employee? That is keep the EB3 I-140 active and apply for EB2 I-140 till the EB2 clears/approves ?
3. The designation & job duties can be the same as that of EB3 or need to be changed.
Thanks in advance!
1. You cannot use the experience gained from the current employer...
2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.
So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.
more...
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gchopefull
10-02 03:39 PM
r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
thanks
thanks
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Ann Ruben
02-23 04:44 PM
Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
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hpandey
04-29 10:54 AM
Thanks kaisersose.
Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.
Thanks.
H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.
H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .
I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.
Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.
Thanks.
H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.
H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .
I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.
gcseeker28
07-27 04:24 PM
That was a huge sigh of relief. Thanks and I really appreciate your answers.
Hopefully, I'll get my EAD (PD is April 2007 on EB2) before they respond back with MTR response.
Hopefully, I'll get my EAD (PD is April 2007 on EB2) before they respond back with MTR response.
rajeshalex
08-08 02:18 PM
hmm... Was your wife carrying while the medicals submitted?
We are also in a similar situation. But no rfe received for my wife. Anyway my background name check is pending.
We are also in a similar situation. But no rfe received for my wife. Anyway my background name check is pending.
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