Ann Ruben
01-12 08:58 PM
Remaining in H-1 status provides what I think is a very important safety net. Even if you are 100% sure that there are no potential problems with your I-485, the possibility of an erroneous USCIS denial always exists. If there are any glitches, you will be in a much better position to wait for them to be resolved if you are able to remain legally employed in the US. Additionally, you are entitled to a three year H-1 extension which means you won't have the hassle of worrying about gaps in employment or travel authorization because of USCIS processing delays. Finally, remaining in H-1 status gives your current or future spouse the option of H-4 status.
pd052009
04-29 10:42 AM
In less than 5 working days. I got for my son 2 weeks back. Very good service.
Did you get attestation for baby's passport copies and birh certificates?
Did you get attestation for baby's passport copies and birh certificates?
signin241
07-27 10:02 AM
Your friend should be fine as he is
1. married before his 485 got approved
2. his wife's application reached NSC before his 485 got approved.
So they are perfectly fine and this situation would happen to anybody who is filing 485 alone and getting married later. They all will wait until their respective PDs become CURRENT and then send their spouse's 485.
Primary applicant may be approved 485 soon and the wife's later. 180 day window is there.
Please correct me if I'm wrong ....... I'm just a junior member of this forum.
1. married before his 485 got approved
2. his wife's application reached NSC before his 485 got approved.
So they are perfectly fine and this situation would happen to anybody who is filing 485 alone and getting married later. They all will wait until their respective PDs become CURRENT and then send their spouse's 485.
Primary applicant may be approved 485 soon and the wife's later. 180 day window is there.
Please correct me if I'm wrong ....... I'm just a junior member of this forum.
kirupa
01-17 09:22 PM
Added!
more...
paskal
06-13 02:49 PM
Americans want immigrants like yourself who follow the rules and contribute to American society; it is our valued tradition. What we don't want is illegals walking all over our laws. The illegals hurt lawfull immigrants. I married an immigrant who followed the rules, she's very bitter over the way this country is pandering to the Hispanic Reconquista crowd. Americans don't want the amnesty, but the government is pushing for it. Legal immigrants and applicants, IMO, should stand up and be heard to fight anmesty as well.
we simply lack the power to fight that battle....
as it is we can barely get anyone to understand our problems, if on top of that half the lawmakers dissmiss us for being against their agenda, where would we be?
in a ballott here, you would not find too mnay here that supports an amnesty i suspect.
we simply lack the power to fight that battle....
as it is we can barely get anyone to understand our problems, if on top of that half the lawmakers dissmiss us for being against their agenda, where would we be?
in a ballott here, you would not find too mnay here that supports an amnesty i suspect.
Lasantha
04-25 02:23 PM
I don't think there's anyway around it. Try to visit over a weekend, leave Friday evening and return Sunday. If you not you will loose the your PR which would be a waste.
Lasantha
Lasantha
more...
shantanup
01-15 10:48 AM
My friend's father-in-law, a retired Indian army personnel, was able to obtain a visitor's visa to US and he did come and stayed with him for about 3-4 months. So, in short, retired Indian army personnel can get a visitor's visa and travel to US without any trouble.
days_go_by
08-20 09:15 AM
Or is it only for EB3
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for now only EB3.
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for now only EB3.
more...
maristella61
04-19 05:20 PM
this will be approval notice of your H1-B or H1-B extension. Ask your lawyer again what letter he is talking about.
He is talking about the original first letter of approval , not an extension
He is talking about the original first letter of approval , not an extension
wandmaker
02-11 01:28 PM
I agree. We are not able to exploit our full potential and come up short in our efforts due to lack of enough support. Imagine if we had hundred thousand members.
or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.
Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.
When they see it as their own effort they will participate more actively and make IV their website to go to and participate.
Exactly! Long story short for those who need one liners -
Show IV the money and participate in all action items (in a way you can) otherwise there will be (expected) surprise(s), blog all day & night and prepare yourself for 'return to home'
or even if we can get the current 30k members to contribute it will be a huge boost. I feel if we can get everyone from other websites to IV that may help us get more participation and contributions.
Individual $20 or $50 should get mass participation. We collected 1K yesterday after a lot of effort. That 1K will be peanuts when we take it and talk to a lobbyist. It will not even get us past initial briefing session if you really want to do full fledged lobbying. If your average lawyer charges you $250 to talk to you only for 15 minutes, imagine how much a lobbyist can charge you to talk let alone go out and allow you to purchase the political capital he has. You should look at how much our rivals spend against us. They even have full time employees and lobbyists on payroll and an office . On the other hand we are simply trying to manage this effort while doing our day jobs and reducing our family time in the evening, nights and weekends. Some of us take time off from work and travel to DC. That time could have been used for trips to Home country or for vacations. Core members, chapter leaders and many active members since the beginning of this effort have made sacrifices. I just hope members are able to see the complete picture of this effort before forming an opinion and taking a decision.
When they see it as their own effort they will participate more actively and make IV their website to go to and participate.
Exactly! Long story short for those who need one liners -
Show IV the money and participate in all action items (in a way you can) otherwise there will be (expected) surprise(s), blog all day & night and prepare yourself for 'return to home'
more...
akkakarla
09-06 06:46 PM
Lou Dobbs is criticizing against the STRIVE act and saying that doubling the Employment based immigration will flood the market and will effect the middle class in america.
lazycis
02-12 03:42 PM
I am not sure what my status is at present.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
I re-entered in US in Dec 12th 2007 with the I-94 stamped as valid till duration of H1. My H1 Visa expired on Feb 6th 2008.
My company lawyer has filed for my H1 extension in Nov 2007 and I am still waiting.
I do have the EAD permit and the AP which I presume is not being used at present.
Please provide some guidance. My lawyer is not responding.
First of all, you cannot be out of status while I-485 is pending. Your H1 status is expired so technically you do not have H1 status anymore. However, if extension is approved, it will apply retroactively and make your H1 status current as of Feb 7th. Oh, forgot to mention that you can still work for 240 days after H1 is expired and it will not be counted as status violation.
more...
rameshk
03-16 12:43 PM
Here is an article from yahoo.co.in
US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)
===========================
Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.
Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.
The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.
Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.
The new legislation provides visas to the following groups under certain conditions:
First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.
Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.
Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.
Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.
'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.
'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.
'Helping them stay to invest in their ideas and create jobs benefits all Americans.'
US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)
===========================
Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.
Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.
The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.
Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.
The new legislation provides visas to the following groups under certain conditions:
First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.
Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.
Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.
Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.
'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.
'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.
'Helping them stay to invest in their ideas and create jobs benefits all Americans.'
omved
10-02 02:25 AM
Not bad, got visa approved same day. This was my 7th year H1 extension, while I485 is pending, applied last year July..
Got appointment a month before. Consulate automatically checks for PIMS verification within next 2-3 days..I got banamex receipt made by Mexican assistance services, in fact there are many people / company willing to get this receipt made for nominal charges..
Drove to Nogales, AZ. Parked car in one of the parking lot. Cross border by foot through revolving door. No one is there to check any immigration paper for Mexico. People from India do need visa to visit Mexico but rule seems to be bit vague. To visit US consulate in Nogales, one can get local tourist permit (which can be obtained at POA in Mexico immigration. I got Mexico visa for 6 month multiple entry through local Mexican consulate in US. In retrospect, probably I wasted time and money for nothing..No one bothers to check any documents in Mexico, in fact I have look hard to find someone in immigration to stamp my entry in Mexico..
Anyway, got Cab for $7 to US consulate. Reached there at 7.30am. Appointment time was at 8am. But this doesn't matter as consulate will let all Mexican labor visa applicant to go in first (approx 150 of them). I stood in line for about 2 hours, finally got in at 9.30. Process was smooth from there on..got biometrics / photo done and then interview for 2 minutes..IO didn't ask much, just few simple questions..Didn�t even check any extra document. I was advised to come at 3 pm to collect visa which I did. (Spent 4 hours -11am to 3pm in nearby Nogales mall)
Got return cab to border. Took about 30 minutes get new I 94 made. Entered Nogales, AZ comfortably. Car was still parked safely...Returned home happily...Will continue to wait from GC, stuck in PD of April 2006 in EB2
All the best to you all...
Got appointment a month before. Consulate automatically checks for PIMS verification within next 2-3 days..I got banamex receipt made by Mexican assistance services, in fact there are many people / company willing to get this receipt made for nominal charges..
Drove to Nogales, AZ. Parked car in one of the parking lot. Cross border by foot through revolving door. No one is there to check any immigration paper for Mexico. People from India do need visa to visit Mexico but rule seems to be bit vague. To visit US consulate in Nogales, one can get local tourist permit (which can be obtained at POA in Mexico immigration. I got Mexico visa for 6 month multiple entry through local Mexican consulate in US. In retrospect, probably I wasted time and money for nothing..No one bothers to check any documents in Mexico, in fact I have look hard to find someone in immigration to stamp my entry in Mexico..
Anyway, got Cab for $7 to US consulate. Reached there at 7.30am. Appointment time was at 8am. But this doesn't matter as consulate will let all Mexican labor visa applicant to go in first (approx 150 of them). I stood in line for about 2 hours, finally got in at 9.30. Process was smooth from there on..got biometrics / photo done and then interview for 2 minutes..IO didn't ask much, just few simple questions..Didn�t even check any extra document. I was advised to come at 3 pm to collect visa which I did. (Spent 4 hours -11am to 3pm in nearby Nogales mall)
Got return cab to border. Took about 30 minutes get new I 94 made. Entered Nogales, AZ comfortably. Car was still parked safely...Returned home happily...Will continue to wait from GC, stuck in PD of April 2006 in EB2
All the best to you all...
more...
gc28262
02-10 11:06 AM
When using AC21, In case of RFE on I1485, do we need to have a copy of approved I-140 ?
Or is the receipt number enough ?
Or is the receipt number enough ?
mmanurker
05-04 04:47 PM
ur title made me think that USCIS sent u a query (RFE) about your US India flight via frankfurt?
Just imagining what the details of the RFE could be?
I thought same as you..and I was like what, now a query(RFE) on air travel? :)
Just imagining what the details of the RFE could be?
I thought same as you..and I was like what, now a query(RFE) on air travel? :)
more...
GCwaitforever
07-12 08:41 AM
I expected Rep. Ed Royce to come hard on Labor Secretary Elaine Chao to improve performance of USCIS, taking your question as a cue. Thats what I would expect from a true leader. Not any circumvoluted responses.
Next time, please ask a specific question which elicits yes/no response like his position on SKIL bill and if he would vote in support of it. No more spin on illegal immigration to not support legal immigration. Then it will show how supportive of he is for immigration.
After 9/11, former INS functions of border security went to Dept. of Homeland Security. USCIS is solely for immigration processing only. This reorganization should have improved performance of USCIS. Instead, we see the more delays, hear more stories, and fudged measurement criteria to show USCIS in good light to the Congress inspite of the poor performance.
Next time, please ask a specific question which elicits yes/no response like his position on SKIL bill and if he would vote in support of it. No more spin on illegal immigration to not support legal immigration. Then it will show how supportive of he is for immigration.
After 9/11, former INS functions of border security went to Dept. of Homeland Security. USCIS is solely for immigration processing only. This reorganization should have improved performance of USCIS. Instead, we see the more delays, hear more stories, and fudged measurement criteria to show USCIS in good light to the Congress inspite of the poor performance.
casinoroyale
08-22 09:42 AM
I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
Fugu
01-10 12:12 PM
Hello, I just want some clarification please.
My husband has a L1A (we came to the US on an L1B which was converted to an L1A after 4.5 years). The current visa runs out June 2011, that will be our 7 years. We have decided to move forward with a Green Card. However, this morning we received a email from his HR saying they have checked with an immigration guru and they have said that we have to leave the US for 1 year (to re-enter as an L1A again) as we have L1A status and not H1B status, (if we had H1B status they could move forward with the GC). They also said, they can however start the GC process whilst we are out of the country but it will take from 6 -8 years. Do we have to leave the US for a year or can we convert an L1A to a GC.
Also if we did not get a green card before June 2011 (visa expiration) would we have to leave the US or could we stay awaiting the GC processing.
Thanks for any help.
My husband has a L1A (we came to the US on an L1B which was converted to an L1A after 4.5 years). The current visa runs out June 2011, that will be our 7 years. We have decided to move forward with a Green Card. However, this morning we received a email from his HR saying they have checked with an immigration guru and they have said that we have to leave the US for 1 year (to re-enter as an L1A again) as we have L1A status and not H1B status, (if we had H1B status they could move forward with the GC). They also said, they can however start the GC process whilst we are out of the country but it will take from 6 -8 years. Do we have to leave the US for a year or can we convert an L1A to a GC.
Also if we did not get a green card before June 2011 (visa expiration) would we have to leave the US or could we stay awaiting the GC processing.
Thanks for any help.
EndlessWait
07-27 01:47 PM
Heard back from the attorney - filing after Aug. 17th.
my lawyer says with all this VB backand forth. Technically for those who want 3 yr extension should file after 17th August. Because although the Aug VB is "U", July VB is active for those eligible till 17th..So safer options is 18+
my lawyer says with all this VB backand forth. Technically for those who want 3 yr extension should file after 17th August. Because although the Aug VB is "U", July VB is active for those eligible till 17th..So safer options is 18+
ramhs
02-06 07:43 PM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
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