gc_kaavaali
07-27 07:17 PM
When applying for H1B did u also apply for change of status? if you did you can start work on H1B from october onwards. If not you have to get out of the country and get it stamped.
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
I came to USA on L1A through company A in February,2008 and working on L1 A till date.My I-94 is valid till feb,2011.
I filed H1B through company B in April,2007 in India and got approved petition in August,2007. That approved petiton is with my company B in USA.I have not gone for H1 B stamping.
Now I want to switch to H1 B in USA.I was told by my friends that,I can work on H1 B with my approved H1 petition.and I need not to go for H1B stamping.
I need to get visa stamped only if I goto India and to come back USA.
Can I work directly on my H1B petition with out stamping visa?
Incase, stamping is required, Shall I go to canada/Mexico for H1 B visa stamping.
Can I come back to USA with my L1 visa from canada/Mexico incase H1 b visa not issued? or shall I need to go back to India from Canada/mexico it self?
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gc1024
07-17 04:53 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
Picasa
08-13 08:01 AM
Michael Phelps breaks all time Olympics World Gold Record. Congratulations !!!
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
How this is releated to our cause?:confused:
http://www.nbcolympics.com/newscenter/news/newsid=205871.html#phelps+sets+olympic+gold+standa rd
http://en.wikipedia.org/wiki/Michael_Phelps
More golds expected.
How this is releated to our cause?:confused:
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Jaime
09-12 03:03 PM
Come on guys! We can't let Ranga get sucked into the U.S. Reverse Brain Drain!!! Nor can we let any of the 500,000 of us get sucked in either!!! Let's go to Washington next week!!!!
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kcindian
08-03 11:11 PM
I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.
bharol
08-15 01:29 AM
I have now created public spreadsheet for the status of the people on this forum. You do not even have to login to be able to edit it. The url is as follows:
http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&hl=en
I may have missed some people, so please double check and add yourself. Please make sure that the date format is the same as existent so that it becomes consistent and easy to slice , dice and research. Please do not sort the data. We will sort it later on. If you sort it, the title row is also sorted plus there is too much of sorting while people are editing.
How to add an enty?
it does not let me.
http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&hl=en
I may have missed some people, so please double check and add yourself. Please make sure that the date format is the same as existent so that it becomes consistent and easy to slice , dice and research. Please do not sort the data. We will sort it later on. If you sort it, the title row is also sorted plus there is too much of sorting while people are editing.
How to add an enty?
it does not let me.
more...
EndlessWait
02-25 04:14 PM
has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)
2/10/2009
When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.
Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.
The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.
u sound like a desperate desi BS.
2/10/2009
When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.
Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.
The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.
u sound like a desperate desi BS.
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sanu121
12-22 05:07 PM
Austin+1
Count me in.
Count me in.
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Roger Binny
10-15 06:47 PM
My case is also similar.
Applied labor in 2002 under Eb3 category
I-140 approved in 2006.
Applied labor in 2007 under EB2 category( same Company)
Applied I-140 Eb2 and requested to port EB3 Priority date.
I-140 got approved but did not port EB3 priority date.
Applied I-485 in 2007 using eb3 labor and I-140.
As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
My attroney sent SR last month to port priority date on EB2 I-140.
I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
Still waiting for response.
I don't know how long USCIS will take to port PD.
Ekkati
Sounds like, they are considering your SR, but time gap is just a week, so atleast one or two weeks to go i guess.
Applied labor in 2002 under Eb3 category
I-140 approved in 2006.
Applied labor in 2007 under EB2 category( same Company)
Applied I-140 Eb2 and requested to port EB3 Priority date.
I-140 got approved but did not port EB3 priority date.
Applied I-485 in 2007 using eb3 labor and I-140.
As of now I have two approved I-140 Eb3 PD 2002 and EB2 PD 2007.
My attroney sent SR last month to port priority date on EB2 I-140.
I see LUD on I-140 and I-485 ( LUD on oct 9th 2009) .
Still waiting for response.
I don't know how long USCIS will take to port PD.
Ekkati
Sounds like, they are considering your SR, but time gap is just a week, so atleast one or two weeks to go i guess.
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RDB
08-28 04:37 PM
Yes, am planning to do this.
we recently received 1 year EAD. I called USCIS regarding incorrect Validity period. They told me the send the I765 form again along with original EAD for fixing it.
Anybody doing this?
we recently received 1 year EAD. I called USCIS regarding incorrect Validity period. They told me the send the I765 form again along with original EAD for fixing it.
Anybody doing this?
more...
ag11
09-04 04:14 PM
I applied for 11th year H1B extension in June 2009 @ Vermont center and now I got an RFE which asks us to submit the end client letter with details likes the duration of the project, name of the supervisor, if vendor is involved then vendor details. I've been with the same employer (desi consulting firm) for last 7 years and with the same client for last 6 years. I dont know what will happen but I am doing everything I can and prepared for worst case scenario.
Same exact case. Just give as much detailed info as you can. Do not leave any room for any ambiguity that would confuse USCIS. Remember it is only high school level staff that is accessing your case. So they don't go by logic. Dum it down to their level. Worst case according to my lawyer is that they may give a restrictive judgement for only for the period of contract or come up with an additional RFE with more details on the additional vendor.
Please make sure your response is as comprehensive as possible. I just went through this and am waiting for a reply.
In any case, it is always good to be prepared for the worst case scenario. Just remember that we are very qualified and smart professionals and will continue to make progress no matter where we go
Same exact case. Just give as much detailed info as you can. Do not leave any room for any ambiguity that would confuse USCIS. Remember it is only high school level staff that is accessing your case. So they don't go by logic. Dum it down to their level. Worst case according to my lawyer is that they may give a restrictive judgement for only for the period of contract or come up with an additional RFE with more details on the additional vendor.
Please make sure your response is as comprehensive as possible. I just went through this and am waiting for a reply.
In any case, it is always good to be prepared for the worst case scenario. Just remember that we are very qualified and smart professionals and will continue to make progress no matter where we go
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sunny1000
12-07 10:58 AM
Validation Error(s)
You must correct the following error(s) before proceeding:
* Case Status Retrieval Failed
* This Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center.
I have been getting the above message when I try to get a case status online for my I-140.
I filed concurrently for I-140, I-485 with EAD and AP on Aug 15th at TSC (EB3) and received receipt notices on 10/14/07 for all of the above applications. I also can get case status online successfully for the other 3 applications.
My attorney contacted USCIS (as they said that I cannot inquire on the I-140 and that it can only be the employer or the attorney) and they (USCIS) said they can see my case on their system but don't know why I cannot.
Is anybody in the same boat as I am? Should I be worried that I cannot get online status even after 8 weeks from the time the reciept notices were issued? Any advice/input is greatly appreciated. Thanks in advance
You must correct the following error(s) before proceeding:
* Case Status Retrieval Failed
* This Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center.
I have been getting the above message when I try to get a case status online for my I-140.
I filed concurrently for I-140, I-485 with EAD and AP on Aug 15th at TSC (EB3) and received receipt notices on 10/14/07 for all of the above applications. I also can get case status online successfully for the other 3 applications.
My attorney contacted USCIS (as they said that I cannot inquire on the I-140 and that it can only be the employer or the attorney) and they (USCIS) said they can see my case on their system but don't know why I cannot.
Is anybody in the same boat as I am? Should I be worried that I cannot get online status even after 8 weeks from the time the reciept notices were issued? Any advice/input is greatly appreciated. Thanks in advance
more...
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crystal
08-16 05:14 PM
ITIN is not meant for work. You cannot substitute ITIN for SSN. As I posted before you can apply for SSN and start working with out waiting for SSN.
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WeShallOvercome
09-11 01:03 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Stay calm!!!
It's already about 2 months since you filed your AOS application.
Now you THINK that you might be laid off - Are you sure ?
But in any case, it's good to be prepared for the worst.
Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
Attn: Mail room
This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
Lastname
Firstname
DoB
Country
EB category
PD
"
After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.
If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.
Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..
You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
Stay calm!!!
It's already about 2 months since you filed your AOS application.
Now you THINK that you might be laid off - Are you sure ?
But in any case, it's good to be prepared for the worst.
Apply for EAD/AP without wasting a minute (Just include your Fedex receipt or proof of delivery with your application and include a bright colored paper in your application and write the following on it:
Attn: Mail room
This I-765 application is in connection with the I-485 application filed on xx/xx/xxxx the receipt for which has not been received. The details of the I-485 application are:
Lastname
Firstname
DoB
Country
EB category
PD
"
After you have done that, Find a new employer and get your H1 transfer process started. It does not have to be approved for you to start working for the new employer, it just needs to be filed. But keep working for the current employer as long as possible.
If you are laid off, talk to the HR and make sure they keep your I-140 alive for atleast until 6 months have passed.
Even if you are laid off before 6 months, you'll be fine if your I-485 is not adjudicated within 6 months(it WILL NOT happen)..
You don't need to be on constant payroll after filing your AOS. Just that sometimes they send an RFE asking for recent paystubs, Which is not likley to happen in your case. A few weeks break is fine..What is your PD btw?
more...
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ivgclive
06-05 08:39 AM
I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
"pay for a large termination fee if I were to request termination of contract for " - Is that legal. I thought anytime you can change your lawer, she is just a rep for you.
Anyway, it seems you are in a very frustrating situation, why don't you take one more shot to explain her that you are upset on delayed response, very politely. Eventhough the appointment time costs some money, you have a chance to tell her what you feel.
If she is the only one at the office, it is understood why she bothers new clients over old clients.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
"pay for a large termination fee if I were to request termination of contract for " - Is that legal. I thought anytime you can change your lawer, she is just a rep for you.
Anyway, it seems you are in a very frustrating situation, why don't you take one more shot to explain her that you are upset on delayed response, very politely. Eventhough the appointment time costs some money, you have a chance to tell her what you feel.
If she is the only one at the office, it is understood why she bothers new clients over old clients.
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sareesh
03-29 08:13 PM
Hello All,
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following
1 ) My H1B visa expired on 12/09/2006 from Company A
2) I have I94 from Company B and I want H1B visa from Company B
In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".
I am from India and I going to Canada on Visitors visa.
Please let me know.
Thanks,
SG
more...
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InTheMoment
05-17 06:17 PM
Actually FP has nothing to do whatsoever with Name Check or when it is initiated. Name Check is a separate process that usually starts within a couple of weeks after you Notice Date. You can check when it is initiated with an Infopass or by talking to a service center IIO on the phone.
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dilipb
02-08 05:00 PM
The day I applied that day the PD was current.
Are you joking that I will get my GC soon.
All the last so many months, people have been talking that its going to take about 5-6 years still to get a GC, because there are not much GC VISA numbers available.
Also that date is showing as 19 july 2007. does it mean that they have just picked up my application and started processing and will take few months to process since they have to go thru FBI check etc and all other weird processes?
Does anyone have any hard data that there are any chances soon for getting GC in hand?
Are you joking that I will get my GC soon.
All the last so many months, people have been talking that its going to take about 5-6 years still to get a GC, because there are not much GC VISA numbers available.
Also that date is showing as 19 july 2007. does it mean that they have just picked up my application and started processing and will take few months to process since they have to go thru FBI check etc and all other weird processes?
Does anyone have any hard data that there are any chances soon for getting GC in hand?
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kshitijnt
07-14 05:31 PM
Life is not fair and US seems to be a country of hippocrats.
Gigantic697
10-20 02:43 PM
Anyone guys...?
I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.
let me know if anyone has the same case or gone through this.
Thanks
I've to decide fast what to do....get the H4 stamped from India or do the COS from US. If we go to India and get the H4 stamping there is a chance that the consulate people might ask about H1 and if they found that my wife was out of status they might bar her from entering US.
let me know if anyone has the same case or gone through this.
Thanks
WaitingUnlimited
06-30 12:51 PM
I got below email from Alberta. It looks like those who have job offer in hand will have their applications processed quickly. This is a recent CHANGE to Alberta H1b program.
Are they just trying to eliminate or atleast not approve the huge amount of applications?:confused:
Did any one get this kind of email?
============================================
AINP US Visa Holder Category Applicants
Priority processing will be given to those who have a job offer from an Alberta Employer.
If you have a job offer from an Alberta employer send us a copy of the offer along with the job description. Click here
A job offer can be your contract or letter of employment from an Alberta employer. The job offer must be in a field related to your current occupation in the US. The document must be on the official letterhead of the Alberta employer you will be working for.
Are they just trying to eliminate or atleast not approve the huge amount of applications?:confused:
Did any one get this kind of email?
============================================
AINP US Visa Holder Category Applicants
Priority processing will be given to those who have a job offer from an Alberta Employer.
If you have a job offer from an Alberta employer send us a copy of the offer along with the job description. Click here
A job offer can be your contract or letter of employment from an Alberta employer. The job offer must be in a field related to your current occupation in the US. The document must be on the official letterhead of the Alberta employer you will be working for.
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