Robert Kumar
02-25 12:04 PM
The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
And not to affect your long term stay in the country, it is better to leave the country immediately.
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.
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desi485
11-11 01:04 PM
Priority Date Current: Curse or Boon ?
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.
edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
(http://www.ilw.com/articles/2006,0321-murthy.shtm)
I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.
Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because
You can not get 3 yr H1 extension if PD is current (only 1 yr).
You can not get 2 yrs EAD if PD is current.
So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.
Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.
edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date
(http://www.ilw.com/articles/2006,0321-murthy.shtm)
virtual55
06-20 08:57 AM
get the photos from CVS, they give you 6 photos for 8 bucks
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WeShallOvercome
10-30 01:39 PM
Can anybody tell what does ^^^^bump^^^^ mean. Is it that the message is deleted by someone, or moved elsehwhere?
The threads are displayed on the web page in the descending order of the last update time. People just write SOMETHING in a thread to keep it on the top of the page and prevent it from going on to the 2nd page.
Most people use 'Bump" to bump the thread up :), but it can be anything
The threads are displayed on the web page in the descending order of the last update time. People just write SOMETHING in a thread to keep it on the top of the page and prevent it from going on to the 2nd page.
Most people use 'Bump" to bump the thread up :), but it can be anything
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piyu7444
04-07 07:10 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congratulations and thanks for the tips. This can be helpful to a lot of people.......
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Congratulations and thanks for the tips. This can be helpful to a lot of people.......
Jimi_Hendrix
01-01 04:37 PM
Well we are still waiting for people from 2001 to get their green cards. I don't know how huge an impact recession is going to have.
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ashwin_27
02-25 12:48 PM
Absolutely agree. That is definitely the way the other side will argue against the "dependents exemption" provision. But doesnt mean we shouldn't ask for it :). its another way to reduce the backlog. And while the practical aspect of what you describe is completely true...what we can argue is - is it fair to bring in thousands of workers and their familes for "work" using one criteria (we do not need families to work for industries) and then ask them to pack up because of backlogs created by another criteria? (too many of you came to work now you suffer because we use a different logic to make you permanently settle here)
it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
it is a part of IV provisions and proposals. we ask for 10 things and push hard and might get 1 or 2 through.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
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lax999
07-18 05:35 PM
Hi,
I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
Even i am worrying what would happen with my application.
LK
I am in the same situation too, my lawyer misplaced my wife photographs, but still went ahead and send the documents to USCIS.
Even i am worrying what would happen with my application.
LK
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rtarar
03-24 08:19 AM
I just got approved for my 3 year extension I am on my 7 th year now.
I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.
So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.
Here are the important points:
0. Total amount is like $3K.
1. 50% owed after 1 year
2. 0% owed after two years of service.
3. 100% owed when employment is terminated by either party :-0
4. 10% per annum interest after the 31st day of termination.
Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
I dont care about the money, but I think this is borderline harassment.
Note:This is not a desi consulting co.
-R
I just got a request from HR saying that I need to sign a promissory note for the total amount spent by my employer on H1b realted fees.
So in short they are asking me to sing the promissory note to get reimbursement for part of the lawyer fees I had paid for this visa extension.
Here are the important points:
0. Total amount is like $3K.
1. 50% owed after 1 year
2. 0% owed after two years of service.
3. 100% owed when employment is terminated by either party :-0
4. 10% per annum interest after the 31st day of termination.
Is this even legal , or it lies in the gray areas for any body to interpret anything they want.
I dont care about the money, but I think this is borderline harassment.
Note:This is not a desi consulting co.
-R
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manderson
06-14 03:00 PM
after
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LOL123
07-30 11:25 AM
I am currently working on EAD. My current EAD expires on September 9th 2008. I have e - filed for the renewal EAD on June 13th. The way Texas center is processing it may take a while befoire i get the renewal EAD. My question is - Can I continue working on EAD with the receipt notice of renewal EAD?
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gsc999
05-22 11:59 AM
I had the same issue last year. Per their website
(https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.
I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.
Below are the helpline numbers when calling from outside India:
If you are calling from outside India, please call us at +91 44 4231 6767
Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
E-mailed queries are responded to Monday through Friday, within two working days.
(https://www.vfs-usa.co.in/Home.aspx) September 2006 dates are current, November may not be current yet. You will have to keep checking. The rules were being changed for the visa appointment procedures last Nov/ December. If you have already paid the HDFC fee you should also have free 15 minute telephone time to ask such questions from their agent in India or you might want to call them directly at the phone number below.
I am unsure about a single vs two appointments for you and your husband. Please confirm. It would be safer to direct such questions at the Embassy than at this forum because of the constant changes in the rules.
Below are the helpline numbers when calling from outside India:
If you are calling from outside India, please call us at +91 44 4231 6767
Our agents respond to phone calls between 0800-1600 Monday through Friday excluding all-India holidays observed by the US missions.
E-mailed queries are responded to Monday through Friday, within two working days.
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Almond
07-17 09:17 AM
If it is mentioned in I-140 approval, do we supposed to write in I-485 and other applications? As I understand, A# is registration # and which is assigned when I-485 is accepted? Please somebody confirm it.
That's your alien number and it's given to you when your I140 is approved. See my post above.
That's your alien number and it's given to you when your I140 is approved. See my post above.
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WillIBLucky
06-18 10:44 AM
But, when the doctor asks you if you having any history of problems then you may have to tell him that.
Else, you should be fine. Good Luck
Else, you should be fine. Good Luck
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wandmaker
09-10 11:58 AM
thanks i hope everything will be ok..one last question what are my chances to have a consular processing?of course i don't want to leave the country and issue my h1b there cause im already here.thanks
USCIS will not approve your COS because you have no status, rather they may approve a petition for consular processing. Even if USCIS approves your H1B petition for consular processing, you only have 10% probability to stamp your H1B because
1 - you used your tourist visa to find work
2 - you have overstayed your I-94
USCIS will not approve your COS because you have no status, rather they may approve a petition for consular processing. Even if USCIS approves your H1B petition for consular processing, you only have 10% probability to stamp your H1B because
1 - you used your tourist visa to find work
2 - you have overstayed your I-94
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Saralayar
06-04 12:19 PM
http://www.mercurynews.com/topstories/ci_12514065?nclick_check=1
FTA:
"...
The law would also increase numerical caps on the number of visas for countries such as Mexico, the Philippines, China and India. People from those countries hoping to immigrate to the U.S. routinely face waits of more than a decade in a system with a backlog of 5.8 million people.
..."
The URL link do not work.
FTA:
"...
The law would also increase numerical caps on the number of visas for countries such as Mexico, the Philippines, China and India. People from those countries hoping to immigrate to the U.S. routinely face waits of more than a decade in a system with a backlog of 5.8 million people.
..."
The URL link do not work.
more...
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leoindiano
03-23 02:56 PM
lady cop was driving the other vehicle while DUI...Another lesson out of this incident, Never ever get behind the wheel, if you have more than couple of drinks....
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karthiknv143
07-31 06:14 PM
make sure is htere any filing fee check sent back in the package...
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Ann Ruben
06-30 11:44 PM
In my opinion, USCIS should grant Company C's H-1 petition though they may deny any extension request and thus company C's petition would only be valid through the 2011 date of Company A's petition. You will then have to travel out of the US to get an H-1 visa stamp before the 2011 date.
veni001
09-10 05:50 PM
Hi javans,
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
auburn2009
02-27 07:02 PM
Hi Guys,
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.
Will appreciate if u could help.
Thank you in advance.
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