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Maverick1

10-30 03:46 PM

OK.

Is there anyone who has the same status on AP and actually received the approval notice?

Thanks.

Same status for about a week. No letter yet 10/30.

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raysaikat

03-25 11:49 AM

Hi,

My friend got EAD.His wife is on F1 visa.If he starts using EAD instead of applying for H1 extension, Can he able to join his wife to his GC process who is currently on F1 when his priority date become current.His priority date is Sept06.140 Approved.july 2, 2007 filer.485 is pending.

Thanks

Yes, as long as the derivative I-485 is submitted before the primary applicant receives approval of his I-485.

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Mahatma

10-22 08:18 AM

Moon mission is quite a technological jump! As per APJ, it all starts from looking into the sky and dreams....imagination, creativity.....

American dream is also lots of ups and downs....

Indians in IT and NASA are products of those dreams....

Nuclear cooperation between India and the US would change energy, infrastructure and development equations fundamentally...

All of the above impact us fundamentally as well.

Why STOP this thread as long as the context is technology, our future and life in 21st century?

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snathan

02-12 09:48 AM

My understanding is that state in which you work you need to pay the taxes for that state. And I believe sometime in GC interview they ask for tax papers , during that time it should not create problems.

When you are not staying in that state why do you need to pay the tax.

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July2007

01-21 04:41 PM

AC 21 allows a job change after 180 days pending of I-485. Will that allow a job change for a similar job position that is employed by a US company but work internationally (i.e. not working in the US)?

Thanks!

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sabgau

06-16 07:19 PM

I have an appointment in Toronto next month and today I got a voice message from the US embassy in Canada saying that there could be processing delays of days or months and the decision will be taken by the visa office during the interview. Has anyone else got this kind of message?

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smartboy75

08-25 04:51 PM

Hi all

I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.

Looks like eccessive status calls have caused this.

Has anyone still been able to use the POJ method today and if yes can u pls post the details ??

Thanks

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Counterproductive

10-31 09:23 AM

I don't know anything about that

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Billboard

10-27 05:00 PM

Hi,

I have an EAD (over a year now since I-140 approved), but never used it. Now, that Iam planning to switch my employer I have some questions about using EAD

1. Is it Mandatory to file AC21?

2. Is AC21 required for each contract switch ? (Suppose Contract is W2), if so, wouldnt that be hard and expensive to file for every 3 or 6 months projects?

3. Can I work on 1099?

Thanks in Advance.

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skarthy

11-27 05:13 PM

skarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.

So We are abandoning the current H1 if we go before its approved .
How do I get the I-94 based on the new H1B , just ask them to stamp it like that ?

Thanks wandmaker.

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waitingnwaiting

11-18 04:26 PM

Should out of status H1Bs be locked up or deported... - Dice Discussions (http://community.dice.com/t5/Tech-Market-Conditions/Should-out-of-status-H1Bs-be-locked-up-or-deported/td-p/196283)

H1B Immigrants are fighting with each other on websites and here antis are discussing this

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immigrationvoice1

03-19 05:12 PM

Gurus, please respond...

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Munna Bhai

07-06 05:50 AM

Hi,

My mother is visiting us, how/from where to take Visitor Medical Insurance? Any input is greatly appreciated.

Thanks,
-M

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newbie2020

04-29 03:48 PM

I came across this one very interesting read on how the Visa cutoff dates are established...

http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf

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eagle123

05-04 03:06 PM

Any Suggestion? Please advice, also if this is not the correct place to post, please re-direct me.

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09-01 04:27 PM

Please click on the poll for data gathering purposes.

Please select as many options as required.

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johnykah1

01-18 07:18 PM

My case is like this....

Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.

During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.

Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?

Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?

Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?

Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?

Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.

Appreciate if any attorney can help me in this situatation.....

thanks......

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dealsnet

09-10 12:48 PM

Nobody can file I-485 before their PD is current.
You need to wait 4+7 years to file I-485.
Till that point, you need to maintain a legal status here.

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maximus

11-07 12:36 PM

I think cash for clunkers did this GDP increment, to an extent artificial. But still banks are reluctant to give loans to small business. Let us hope consumer spending increases next year leading to the natural increment of GDP

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nozerd

05-02 09:38 AM

Check out this website. It has all the details you need

http://www.cic.gc.ca/english/newcomer/res-oblig.html

if you click on the appropriate link it defines what a Canadian business should be.

Hope this helps.

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gc_chahiye

09-19 05:21 PM

if i use EAD for a part time job, does the H1B visa status become invalid?

yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.

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ravicmv

05-20 11:05 PM

Helllo Experts,

Here is my Case:

Have 4 yrs of work experience and changed 3 employers in the past.

1 st employer: Worked as a Programmer Analyst for 6 months
2nd employer: Worked as Sr.Software Engineer for1.6 years
3rd Employer: Worked as Sr.Software Engineer for 2 years

Under unexpected circumstances, 2nd employer filed my H1 for a senior level even when I have only 2.5 yrs of experience.

I am trying to change job and look for a prospective employer who would file my labor/GC immediately.

The 4rth employer is willing to my GC but the Job designation will be Software Engineer.

Can you please advise if there would be any negative impact on my GC process if I take a step down in my title.

I liked the organization, work environment and all I am concerned now is about any RFC's for the different Job Titles I had so far.

I am in a very confused state and Please advise me as I need to respond for the Job offer.

I sincerely appreciate your help.

Thanks,
Ravi

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GC20??

07-30 02:44 PM

I was successful in getting information for me and my wife in the same appointment twice. But to be safe I will book another appointment. If the IO had a bad day he/she may reject to give infomation on your wife's case :)
"But to be safe I will book another appointment."

what I mean here is book another appointment around same time as yours and when you are called goto the counter together. If IO rejects to provide info on your wife's case then you can use the other appointment.

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useriim

07-04 09:40 AM

Hello,
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.

Getting employed by GC sponsor employer with, either option could take few months.

While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?

Which is safer option (a or b) for GC renewal, citizenship ?

Thanks.

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invincibleasian

02-25 07:08 PM

Hi,

A couple of questions on the simaltaneous filing of I-140 and I-485

1) I had read somewhere that USCIS was going to stop the same. Has that happened yet?
2) Say a person has applied for the I-140 but cannot simaltaneously apply for 485 due to retrogression. In the event that the dates become current BUT the I-140 is not yet approved, can the person still file for the 485 under the simultaneous filing or does he have to wait till the I-140 is actually approved?

Once a I140 is filed without the I485 one has to wait for I140 approval before being eigible for filing I485

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Alien

03-17 04:50 PM

Yes you can but your H1 will be invalidated and you wont be able to work with your primary job legally ( I think).

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bhatt

05-21 11:31 AM

Hello,

Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression

I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?

Please help.

Thank you.

U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140

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amitjoey

10-03 07:07 PM

Sorry folks, the question may have been asked before.

Does I-140 have to be approved before using AC21? In my case, I140 has been pending for 1 year now, but got EAD recently.

If I use AC21 to move to a new job in 6 months, can employer pull out the I-140 ?

Any workarounds?

Please refer to answer provided by logiclife on this thread. Thanks Logiclife
http://immigrationvoice.org/forum/showthread.php?t=14111

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clifford

02-01 07:52 PM

Hi,
I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )

I will appriciate any help/suggestion in this matter.
:confused::confused::confused:
Regards,

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chna

07-01 09:56 AM

Thanks Nolaindian32 and prasadn for your advice. Will consider that option.

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miffyflorence

04-03 05:23 PM

Hello all, I am so impressed to see so many supports for the immigration bill. We all wish ourselves luck. :)

I have few questions regarding the H1B visa renewal. I hope someone who can kindly answer them.

Background - I got my H1B visa in about 2003, and I got married in Oct 2005. However, I am not able to claim my husband for the H4 visa. He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :

When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?

Thanks for all the great help. Let's hope each of us good luck on the petition.

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chanduv23

11-14 07:52 PM

^^^^^^^^^

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hey.camelo

02-07 08:39 PM

Thanks a ton for the reply. I am new and updated the profile after seeing ur post..

Due to my crysis, i cannot efford to talk to a lawyer..Thanks for the help..

Does the new employer need to start the green card process all over again? I meant the labor(perm). I was asking this question based on my 15 months time..

plz plz ..can u let me the steps that i need to talk to a new employer to apply a green card in eb2..

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LookingForGC

07-09 01:12 PM

Thank You! It helps.

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ameryki

06-18 04:08 PM

Hi,

I am on Adv-Parole (with EAD) and planning to visit India in July 2010.

I know that UK and France require transit visa, but I was wondering whether I can fly via KLM (Amsterdam) OR Lufthansa (Frankfurt) without any transit visa ?

Will appreciate the response.

Thanks,
Venu.

if you don't plan on staying over in Frankfurt from personal experience no you do not need a transit visa.

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optimist578

10-17 07:37 AM

I am in the same situation as thesaintmav. My priority date is Mar 03.
I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.

Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.

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desi3933

02-24 10:58 AM

Currently my wife is on H4

I'm planning to file H1 for my wife ....

How can you file H-1B for your spouse? Please explain.

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rajmehrotra

10-19 09:46 AM

one will get GC awarded if he crosses border illegally and becomes a victim.
This is insane.

http://news.yahoo.com/s/ap/20071019/ap_on_re_us/immigrant_victim_visa

Let us keep the focus on our issue. What are we going to protest next? Family-Based Immigrant Visas, which are given out, without any real numerical limits, only because someone is related to a citizen?

The "U" visas are for people who have suffered violence in indescribable ways. Despite the limbo the EB Visa beneficiaries face, let us not even begin comparing our predicament with the sometimes life-ending plight of people who qualify for "U" visas.

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Green4Ev1

04-27 11:42 AM

2 weeks at most

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royus77

06-26 01:25 PM

My H1 for 3 yr Ext got aPPROVED TODAY

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desi485

11-13 01:57 PM

As far as I know, you can file (or even decide not to file if you have H-1) anytime. This should not be an issue. In fact, one my friend's was in similar boat, he filed his EAD after gap of 3 months and got it approved.

EAD is only a backup for most of us if we are working on H1B. But it is better to have it renewed as you never know when you may have to use it due to layoff, firing or any other unfortunate event. It is more likely to happen due to current state of economy. CIS allows us to continue working on EAD after 180 days of filling 485 under AC21 rule.

However there are some unfortunate incidents going on where IO wrongfully denied 485 petitions when a person changed jobs using AC-21. I urge you to take part in IV AC-21 letters campaign which will help you and all of us to survive any unfortunate, unforseen job loss due to current downturn in economy. It is actully very easy, just print 4 pages and mail it thru' USPS. Won't even cost you $2. Remember this for yours and our future and peace of mind. (http://immigrationvoice.org/forum/showthread.php?t=22182) I humbly request you to do so for sake of our community. Thanks!

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March 24th, 2007, 01:34 AM

Thom Hogan has a great web site (http://www.bythom.com/) with reviews of all three of the lenses in question. Check his "recent additions" column on the left for links to reviews for those lenses.

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starscream

06-06 10:29 AM

Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday

http://www.aila.org/content/default.aspx?docid=22584

It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa

This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.

The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.

From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements

Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.

Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.

The amendment was agreed to by a vote of 71-22.

--------------------------------------------------------------------------------

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ruchigup

08-14 12:57 PM

I opened a SR on July 24 2008. My priority date was going to be current starting Aug 2008, but still representative was kind enough to open SR for me . Guess at that time they were not getting bombarded by volume of calls.

It is almost 20 days and I have not received any response. CSR say it takes upto 45 days to respond.

- Did any body get a response back on their SR
- How much time it took to get response
- What format response is - Email / Letter / Call (are there any LUD's also)
- What is the content / detail level of response [Considering most of us are opening SR for case status and pending NC]

Thanks in advance

[ I am reposting this thread because in previous one I made mistake in subject, and didn't know how to edit it]

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thakkarbhav

11-17 12:19 PM

I guess you need GC to apply for UnEmployment benefits....Is it correct?

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uscisc

09-10 05:56 PM

You will not have problem because of H 1 B withdrawal. For that matter, even if they revoke I-140 you will not have any problem.

But if your case is getting processed, it is possible that you get a REF asking you to provide the employment verification letter. If you can provide a valid employment verification letter at that time then you should be fine. But if you receive an interview notice instead of REF then you should also have the recent pay checks, is very important.

In any case the only issue is if USCIS finds that you are out of Job for a longer period of time then you might run into issues. So, try to get the Job as soon as possible.

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paskal

05-29 10:48 AM

they are decreasing from 140,000 to 90,0000....

note that even though this bill is just not good enough for relief that fact is that the number of GC available to a backlogged country like india goes up about 150% under the new 190,000...this does not include the 14,000 additional numbers from the MBS.

Why?
only for backlog, so no EB1 (28.6%) and no EB2 except india and china. also country quota increased to 10%
so available numbers eg india increase from 5,600 to 9,000 (+14,000 MBS)

i put up a detailed calculation for this earlier on somewhere
search for it if you are really interested.

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vidyakulkarni

07-11 06:52 PM

can you please tell me how much time now takes to H1b renewal?
I am in 6th year of H1b.

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Prashanthi

08-19 12:55 PM

Hello

I am planning to work part time on 1099, just wanted to know will it impact the GC process in anyway

My status
Working full time on EAD with GC Employer (planning to port job and use AC21 as soon as there is any opportunity)
485 pending since more than 6 months

Thank you

As long as you are working full time with your GC employer and in addition to this you are doing a part time job on 1099 , it will not effect your GC processing in any way.

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martinvisalaw

08-12 02:02 PM

First, the letter you got is probably a standard local office interview letter, so that it assumes a marriage-based interview rather than employment-based. This happens often.

You should have an AC21 letter with you for the interview, to show that you continue to be eligible to adjust status.

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vxb2004

10-03 07:03 PM

As far as I know, I think you need an approved I-140 before you can use AC21.

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radhagd

02-20 09:21 AM

Yes you can use your Company A experience for applying EB2 in COmpany B.

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toosunneo

02-02 11:01 AM

You are right. The attorney thought that my sixth year ended in August 2010. Glad I don't have to travel outside of US. Thanks for the response.

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coolfun

07-26 12:42 PM

Hi,

I submitted my 485/765/131 application in May this year and my 485 is pending. I received my EAD but I got an email from CRIS saying that there is an RFE on my AP. The RFE email was on July 13th but my lawyer still hasn't received the RFE. How long does it typically take to receive the RFE?

Thanks.

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prajwal123

01-07 03:40 PM

Hi,
I Think you need not worry. Air-india will stop in paris for 1 or 2 hours for fuel. They will not allow you to get down from flight. So, technically no stop in paris. I came through air-india last week. No need of french visa. Go by what air-india says. Regarding NJ-Newyork.. let others can answer. No problem as long as u have full AP Papers.

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sbmallik

06-26 08:31 AM

Probably this is a case of processing error. The I-485 was denied based on I-140 denial. I would try for MTR on the I-485 with I-140 status.

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sidbee

05-27 12:57 PM

From what I read in the article they are talking about chaging 'the place of incorporation' from Bermuda to Ireland to avoid paying higher taxes through the proposed tax legislation ...dosent't talk about relocating all operations to Ireland

I never said they are moving all the operations. Looks like, they would still be serving the clients in the US. But they will be not a US company anymore.They would not be head off iced in the US.

They would still be able to outsource there work to India, for which the US companies would have to shell out more taxes, if a particular legislation is passed.

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Dipika

03-26 05:06 PM

i'm in same situation. Lawyer said filing I-130 is not considered as another GC application. it's just petition and doesn't affect EB processing. even we don't need to mention it in EB I-485. both are seperate things.
EB3 is very slow so batter you file I-130.
i filed I-130 in May 2006 and EB2 i-485 in Dec 2004. still waiting :(

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Mr. Brown

12-22 06:30 PM

I thought this was funny and had to post this link :D.

You now protest when other countries make it difficult for you to get a visa.

US, UK protest as India gets tough on visas - India - The Times of India (http://timesofindia.indiatimes.com/india/US-UK-protest-as-India-gets-tough-on-visas/articleshow/5367548.cms)

I think it works well from both angles (visitor, citizen of India) after the new rules. I am not sure why people were allowed to enter on travel visas if they were clearly coming for business.

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aries

08-28 01:28 PM

Hello Friends,

My wife is on F1, doing her masters and is done with her course work, just left with one project (2 credits). Her college has the option of getting CPT (curriculum practical training) signed till the time her masters is not complete and then she is allowed to work off campus for 40 hours (full time).

I have also filled for my 485 application, so I was wondering what is her status now after filling for 485 . Also is it fine if she gets her CPT signed now after filing I485. I just want to be sure that getting her CPT signed has no negative impact on our I 485.

Any suggestions or anyone in similar situation

Thanks!

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hairstyles Mission Impossible 4 - Ghost

Impossible Ghost Protocol#39;

gcworkaround

11-26 01:32 PM

Just wondering if anybody is giving up hopes of GC and switching from H1B to E3D (Dependent of Australian spouse) to take advantage of 2-yr renewable EADs...? How long does it take to get the initial EAD...Continue working without pay (or is there a workaround) while waiting for EAD?....any problems getting visa stamped with a 'yes' for past immigrant petition filed...
7yrs in this country...EB2 PD of 10/07 due to job changes..no 140 yet, no 485...6yrs in same job? no promotions? with 3yr extensions...frustration beyond words...E3D seems to a ray of hope but no idea of complications involved.

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EAD

03-30 12:04 PM

When I did it in Delhi at US embassy there was an officer at the embassy counter just before entering into the embassy when you are at the line outside with your papers, he checks your documents. For me he checked my papers and wrote on them " PIMS found". After that i went into the embassy to get into the another line to talk to officer inside.

Though it was 3 years back I am not sure if its done the same way now also.

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parad0xl0g

04-18 11:20 PM

I really like this stamp. It's a good & of course a very surrealist idea.
:krazy: What an awesome idea about make stamp designs!

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