
desi3933
02-18 10:03 AM
Does it come under new H1b quota? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?
>> Does it come under new H1b quota?
No.
>> Does it treated under cap and Does she/he need to wait for April to file for Change of status again?
No.
______________________
Not a legal advice.
US citizen of Indian origin
>> Does it come under new H1b quota?
No.
>> Does it treated under cap and Does she/he need to wait for April to file for Change of status again?
No.
______________________
Not a legal advice.
US citizen of Indian origin
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sayonara
10-15 12:23 PM
Called USCIS and generated a service request 10 days back...no LUD since then either..frustrating...

raysaikat
07-25 10:34 AM
Hi,
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.
Now the questions:
1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?
Each individual will have his/her I-485, and EAD is a derived benefit of I-485. Your wife can file for I-485 while on OPT and get EAD. However, technically her F-1 status, hence the OPT, terminates after applying for I-485 (since she expresses intent to immigrate).
2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?
Conservative view is that as soon as her I-485 is officially submitted (i.e., received by USCIS), she has expressed intent to immigrate, which invalidates her F-1 (note that OPT is not a status, she is still in F1).
3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?
That may be a better route. Once her H-4 is approved (with new I-94 form), her OPT will terminate and she will not be able to work.
4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?
She cannot work while she is in H-4. There is no such thing as "2-month gap"!
4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.
Thanks,
A. Singh
No idea. The application fee is probably a few 100 dollars. Not sure how much your lawyer would charge for preparing the application.
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Ramba
07-06 12:51 PM
The unused visas between 2000 and 2006 is just 101,596 only, after 50,000 recaptured for nurses. Not 181,000. It is wrong info.
If they recapture from 1994 to 2006, then we will get 216,000 EB visas.
If they recapture from 1994 to 2006, then we will get 216,000 EB visas.
more...

bbenhill
10-06 02:58 PM
Hi,
Need some confirmations, greatly appreciate on your help :-)
I am planning to go outside US for three weeks, I am planning to enter using AP (I485 is pending), my H1B extension is pending (no receipt). my H1 is expired.
The questions are :
1. With above conditions, will everything be ok when I come back esp with my H1B extension process ? can I get H1B approval ? this is my fourth extension.
2. Do I need to surrender my expired I-94 at POE ?
3. When I come back from vacation, can I still use H1B status for working ? because I will enter using AP (status : parolee) and my H1B extension is pending.
Thx
Need some confirmations, greatly appreciate on your help :-)
I am planning to go outside US for three weeks, I am planning to enter using AP (I485 is pending), my H1B extension is pending (no receipt). my H1 is expired.
The questions are :
1. With above conditions, will everything be ok when I come back esp with my H1B extension process ? can I get H1B approval ? this is my fourth extension.
2. Do I need to surrender my expired I-94 at POE ?
3. When I come back from vacation, can I still use H1B status for working ? because I will enter using AP (status : parolee) and my H1B extension is pending.
Thx

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...

BECsufferer
02-11 07:45 PM
Please don't go with my above comment. That was in lighter mood. But what do you guys think about another round of Gandhigiri campaing?
Last one worked quite well. Kudos to those to made it success.
Last one worked quite well. Kudos to those to made it success.
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richardl609
09-28 08:11 AM
hi i got an RFE for ability to pay, my pay was 55K ( it had to be 66K ) last year 2006 on my W2, my RFE asked me on ability to pay where my labor was approved on feb2006, so i had to show that my employer has the ability to pay till date.
So my lawyer, wrote a simple letter to the USCIS, that my current paystubs shoed that my employer is paying me the salary ( i have it on 66K this year 2007 ) also he sent my employers tax records, he has a good profit, and then my 2 recent paystubes & my last years w2
i Just got approved
hope this helps
So my lawyer, wrote a simple letter to the USCIS, that my current paystubs shoed that my employer is paying me the salary ( i have it on 66K this year 2007 ) also he sent my employers tax records, he has a good profit, and then my 2 recent paystubes & my last years w2
i Just got approved
hope this helps
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rajuram
02-15 11:17 PM
Lucky you�you can make plans like these. Most folks visiting this site are stuck in retrogression. Most will be willing to do AOS or Consular Processing, even if it means going to US Consulate on the north pole, if only it were to be allowed....Best of luck, hope you have fun making this choice
260 views and not even one single opinion?
260 views and not even one single opinion?
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dcrtrv27
10-09 01:40 PM
kkt tkk
I called teh 800 number 1-800-375-5283 then looked for the option for problem with the case .....then 9 and then back to 2 where I got hold of CR.
I called teh 800 number 1-800-375-5283 then looked for the option for problem with the case .....then 9 and then back to 2 where I got hold of CR.
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logiclife
02-27 10:59 AM
CSpan should have it live on one of the 3 Cspan channels.
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vin13
03-09 12:15 PM
I guess then she should ask her employer to cancel her H1 (best approach) or least keep documentation of her resignation letter (backup for future RFE). Smart way is to step out of country & come back on parole. Shortcut is to work in some place for a week on I9 like Walmart.
The employee need not do anything. As long as the employee has a valid status to live, they are fine.
Definately there is no need to step out of country and come back. There is no need to trigger the change by going through these steps.
I have changed H1-B several times in the last 11 years i have been in this country. I have invoked AC-21 twice. None of my previous employers revoked my H1-B. I am currently working on EAD. I did not have to leave the country and come back on parole.
The employee need not do anything. As long as the employee has a valid status to live, they are fine.
Definately there is no need to step out of country and come back. There is no need to trigger the change by going through these steps.
I have changed H1-B several times in the last 11 years i have been in this country. I have invoked AC-21 twice. None of my previous employers revoked my H1-B. I am currently working on EAD. I did not have to leave the country and come back on parole.
more...
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ArkBird
11-01 03:41 AM
They HAVE TO pay the salary mentioned in your LCA. If not, you can drag them to DOL but you will risk your job and H1B status. I suggest, find another employer, transfer your H! and then kick their a$$. We have suffered enough at the hand of blood sucking desi "consultants".
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stones
06-30 10:14 PM
RFE means Request For Evidence. For an H-1 to be pending for more than 8 months without an RFE is a bit unusual.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
Could you provide a brief chronology of your work history with exact dates so that I can get a clearer idea of whether USCIS is likely to find that you were/are out of legal status?
Here are the details for my case
* � I graduated in Dec. 2007.
* � My OPT has started on December, 2007 (expires on December, 2008).
* � My previous company (A) applied for an H1B for me which starts from October 1st, 2008.
* � I received Notice of H1B approval. (I797A Notice Date June, 2008).
* � H1B is valid from 10/01/2008 to 10/01/2011.
* � I lost my job with Company A on September 18th, 2008.
* � USCIS, Vermont Center received my H1B withdrawal letter from Company A on September 24th, 2008.
* � I requested Company B to transfer my H1B.
* � USCIS received my petition for a transfer on October 28th, 2008.
* � My Transfer petition was pending with company B
Recently I moved to another job with Company C that I mentioned in my earlier post. They sent my H1B transfer application in June 2009.
Thank You, Please let me know if you have any questions.
more...
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sk2009
07-28 03:38 PM
mine is EB3-I PD Dec 2004 , there was hard LUD on 27th july 2008 on my approved 140 and even recieved email from uscis
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willigetagc
08-09 05:51 PM
then why is'nt NSC approving 2006 cases at the rate at which TSC is?
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
Its not just what year petitions are getting approvals, the two service centers are taking different approaches. That makes a mockery of the visa bulletin. Its almost NSC giving the middle finger to DOS saying, we dont care where you move dates, we'll approve whatever petitions we wnat, at whatever rate we want.
Don't you know? they hate each other. If TSC does somethin NSC will do the opposite. That makes for nice coffee room gossip...
All these folks have only one finger - the middle one... And that leads to a lot of miscommunications even if unintended!!! :D
more...
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onemorecame
06-26 04:14 PM
Paying all money from my own pocket
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VickIowa
12-28 05:40 AM
Hi all...thanks for taking the time to help me out...URGENTLY need advice based on your knowledge or experience...
I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.
My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and
(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?
PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.
Any information in the next 12-24 hours would be greatly appreciated.
Thanks all, Vick
Bookmark and Share
I'm scheduled to travel to Mumbai via Amsterdam tomorrow morning. I just noticed that my I-94 card is missing (was stapled to my valid H1-B visa). My H1-B visa is valid until August 2011 and I have the original I-797A Notice of Action.
My questions are: (1) Will I be allowed to board the plane going from US to India? What should I say to the airline officer who asks for my I-94 card? , and
(2) Will I have any issues returning back to US? What precautions should I be taking to guard against this?
PS I did some initial research and do not have the time to I-102 since I'm supposed to catch a flight tomorrow.
Any information in the next 12-24 hours would be greatly appreciated.
Thanks all, Vick
Bookmark and Share
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purgan
12-17 12:44 PM
For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.
A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.
A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.
freddy22
04-25 02:32 PM
Thats why If you dont want to live here, move out. Why are you yelling here.
First control your son for his stupid behaviour. Then start talking about america.
I looked into all your old posts. See your son is involved in how many felonies
1 felony on record;
no FELONIES...
and remember this DUFUS it was US from England that discovered YOUR country...not AMERICANS
So stuff that where it needs to be stuffed
First control your son for his stupid behaviour. Then start talking about america.
I looked into all your old posts. See your son is involved in how many felonies
1 felony on record;
no FELONIES...
and remember this DUFUS it was US from England that discovered YOUR country...not AMERICANS
So stuff that where it needs to be stuffed
gc_dream07
01-31 09:39 PM
Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.
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