Tuesday, June 7, 2011

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  • new2H1&GC
    11-08 01:52 PM
    Yes that is true, you have to show your passport and I-94 and EAD
    you should be fine if they ask about expired I-94 (with stamp) as you have an extension till 2007.

    so to answer your question show H1 extension if they ask.

    hope this helps.

    Good Luck :)

    Actually I got H4 extension till Oct 1st 2007. Then H1B kicked in from same date(Oct 1st) until 2010, so new I-94 is with the current H1B...
    Since I applied in July for AOS and got I-485 receipts in September, I think it doesn't matter if i am on H1 or H4 after that, since my status would be "Adjustment of status" right?,,not sure

    So you think the H4 extension and the I-485 receipts would do? Or should I just show them the H1B, and tell them I plan to use EAD?

    Thanks..!





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  • chanduv23
    09-15 06:45 PM
    Just one day at DC will make a huge difference in your lives.

    You have to be there to experience it.





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  • gcwait2007
    12-17 08:17 PM
    My situation is I got LAID off.

    I had to change employment.

    So,

    Should I file Ac-21 ?

    Buddy,

    I am sorry to note that you got laid off.

    JunRN's posts are crystal clear. I am surprised that you are still asking the question.

    Now answer to your question: YES, You have to file AC21.





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  • perm2gc
    06-16 09:29 PM
    I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

    What will be my status till Oct 1st from the day my H1 is approved?
    You H1 will aproved from oct 1st only.until that time you will be on H4.

    Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?
    You attorney might have applied while applying your H!.Contact your attorney.

    What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?
    You can apply and don't expect that your EAD will come before H1.

    What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?
    No Chance that can happen with volumes of applications to be filed.To get the receipt date only it make take 5-6 months.

    What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
    I20.can you explain in detail

    Please help me out.

    Thanks
    Please talk to your attorney.My views are personal.



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  • lord_labaku
    08-14 06:19 PM
    I am sure people from 2001-2006 EB2/EB3 who are still waiting are jealous of your situation even though you feel like you are in a big mess ( might have contributed to a red dot)





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  • windycloud
    09-29 04:05 PM
    EDIT (correction) - from this link: http://thevisabulletin.com/2008/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/

    Question 2. How early can a request for an H-1B extension beyond the 6th year be filed?
    Answer: The April 24, 2003 guidance memorandum is modified in the following manner: a petitioner must establish that the above criteria (see Question 1 outlining requirements under Section 106(a)) were or will be met either on or before the requested start date on the H-1B extension application. Thus, an alien is eligible for an extension of H-1B status beyond the 6th year as long as either the qualifying labor certification application or I-140 petition has or will have been pending for at least 365 days prior to the alien’s requested start date, regardless of whether the H-1B extension application was filed prior to the passage of such period If the alien would no longer be in H-1B status at the time that 365 days from the filing of the labor certification application or immigrant petition has run, thus leaving a gap in valid status, then the extension of stay request cannot be granted.



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  • golucki
    07-27 11:57 AM
    Congrates!





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  • krustycat
    10-31 03:03 PM
    Still the same, they are telling me the same story.
    Wait, wait and wait. That's all.



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  • saps
    01-09 12:18 PM
    Thanks for everyone's help. I would give you a green but I don't know how to...If you could tell me ..





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  • rdx0
    01-10 01:18 PM
    have you considered asking your client to hire you effective jan 20, but take unpaid leave until jan 25 or whenever they are ready to hire you?

    That would have worked if the Client had already finished the hiring process and filed for my extension b4 my I-94 expires on Jan 20... I am yet to appear for the interview, it is just that i have some strong references (and they have multiple openings) so I have extremely good chances of getting hired ... so, no, this idea won't work :(... Jan 25th was just a imaginary date that i gave... the hiring process may take couple weeks more than that (yup, unfortunately, it's that slow) ... I was just trying to find out what are my options after Jan 20... would I be just stuck with this staffing company or could I have the Client file for my extension... if it is legally not possible then I might as well just forget about this opportunity :(



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  • ashwin_27
    12-09 02:36 PM
    From all the updates and information shared so far, it seems pretty clear that if the DREAM Act fails, it will make it extremely difficult, politically, for any EB or non-EB related immigration legislation (piecemeal or otherwise) to be introduced in Congress over the coming two years. So irrespective of whether visa recapture is a part of this bill or not (and we know that it is NOT), what happens to DREAM is very important from an overall strategy point of view.

    I am just interpreting what is out there.

    Brothers, i just want to know why we are happy with this DREAM thing or i am missing something. why do we care about this?

    Please tell me if it has something for us.

    Thanks

    MC





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  • immig4me
    11-03 10:08 AM
    I don't care much for either party, but I do find "talking points" abhorring as it never considers the practical matters...........

    What is it about the immigration debate that makes Republicans in Congress act like children?

    In the latest stunt, all seven Republicans on the Senate Judiciary Committee - Charles Grassley, Jon Kyl, John Cornyn, Orrin Hatch, Lindsey Graham, Tom Coburn and Jeff Sessions - have signed a letter asking Homeland Security Secretary Janet Napolitano to "detail exactly how much funding" would be needed to "ensure that enforcement of the law occurs consistently for every illegal alien encountered and apprehended."

    The answer: A lot.

    John Morton, director of Immigration and Customs Enforcement, told me that Congress appropriates $2.6 billion each year for the detention and removal of illegal immigrants.

    According to Morton, ICE is able to apprehend, process and remove a maximum of about 400,000 immigrants per year. (From October 2009 to September 2010, the Obama administration deported 392,862 people.) This is a record, and yet still only a fraction of the estimated 10.3 million illegal immigrants living in the United States.

    So to remove 10 million illegal immigrants, it would cost about $65 billion.

    There you go, senators. Will that be cash or charge?

    Of course, there are also the ancillary costs. First, if the federal government were to cast the net wide enough to apprehend large numbers of suspected illegal immigrants, perhaps by substituting skin color for probable cause (see: Arizona), it's likely to ensnare a good number of U.S.-born Latinos who would probably file a flurry of lawsuits for racial profiling, and thus run up the tab. Second, in the time that it takes to detect, detain and deport 10 million illegal immigrants, many of those who had already been removed would come back - and then have to be re-deported at an additional cost. And third, by spending that much more money on enforcement, federal immigration officials would surely inspire smugglers on the other side of the border to raise their prices. This would only enrich and empower the bad guys to bring in still more illegal immigrants.

    Then, there is another problem. As incredible as it sounds, deporting millions of illegal immigrants would be disruptive to Americans' way of life. As Morton pointed out, there would likely be massive and debilitating labor shortages, especially in those industries that currently depend more heavily than they should on illegal immigrant labor.

    "No one is talking about letting people go on their way with no punishment whatsoever," Morton said. "But we need a rational discussion of the proper sanction in light of the circumstances."

    Republicans are really in no position to talk about seriousness. When serious leadership is called for, they offer only theatrics and chest-thumping. They have to realize that, as a practical matter, ICE can't deport every illegal immigrant it comes in contact with. But they don't care. They only want attention.

    The GOP has a lot invested in spinning the yarn that the border can be secured and millions of illegal immigrants expelled through a strategy of enforcement only. Once you adopt this line of thinking, the way to explain the fact that there are still millions of illegal immigrants in the United States is to somehow argue that the Obama administration has been slow to deport them.

    This was a harmless delusion when Republicans were in the minority in Congress. But now that they are gaining seats, it could become a real nuisance as politicians proceed to lecture law enforcement officials about the best way to enforce the law.

    As the country's top immigration enforcement official, Morton is critical of an enforcement-only approach.

    "You have to be much more precise than simply saying 'deport them all'," he said. "That kind of attitude doesn't make sense in the context of how you deal with 10.3 million people."

    There you have it. Right on cue, seven Republican senators have stopped making sense.


    Read more: Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL#ixzz14ETlnYgq)
    Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL)



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  • nkavjs
    11-15 10:00 AM
    I am very keen to try and get a state chapter from Indiana. There have to be at least half a dozen of us.

    There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.

    From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!

    By this location I mean where Ashleys furniture is on US 31 and 146th Street.

    I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.

    Hello Folks :

    I am in Indy (basically in fishers). Stuck in this process since 2003. I am all for active participation with this IV Indiana forum. Pls. let me know.
    Thanks
    RPH





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  • jkays94
    03-31 02:13 AM
    He says in the talk, the job market in India is booming right now and it offers promotion opportunitieis etc ...

    In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.

    Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.

    Not forgetting Canada in the mix, Canadian permanent residency is attainable in between 9 months to 24 months if one applies while residing in the US as a skilled worker and has work experience.

    And this just yesterday :

    ABOARD TP-01, NORTHERN MEXICO — Mexican President Vicente Fox has proposed that Canada open its doors to growing numbers of unskilled Mexican "guest workers" to deal with a looming labour shortage brought on by an aging Canadian population.

    http://www.theglobeandmail.com/servlet/story/RTGAM.20060328.wxfoxx28/BNStory/National/home

    ***
    At the end of the day the US stands to be the looser. It appears that congress has forgotten about the impending retirement of over 75 million baby boomers. I am aware of many friends stuck in the BEC's or endless H1B extensions who are applying for Canadian permanent residency which they attain in as little as 9 months (if the interview is waived and depending on the skill). It will be no wonder if Canada soon becomes a destination for many skilled workers from the US who abandon their quest to become GC holders in the face of excruciating backlogs and needless hoops and hurdles.

    ***
    Monday, October 31, 2005 Page A1 GLOBE AND MAIL

    Immigration Minister Joe Volpe, who will table his annual report to Parliament today, says Canada hopes to be taking in as many as 300,000 immigrants a year within five years, and will start by raising its target for next year to between 225,000 and 255,000. Canada is on track to accept 245,000 this year, the very high end of last year's target.

    "We have to start thinking about the Immigration Department as a recruiting vehicle for Canada's demographic and labour market needs . . . we are the lungs of the country," said Mr. Volpe in an interview with The Globe and Mail. "We are producing more jobs than the labour market has workers for. . . . We're desperate for immigration."



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  • uslegals
    08-20 04:41 PM
    Thank your for ur reply....What about I-129 petition & withdrawal letter...Is there anything that protects me which states that i have a right to get a copy of documents - petition, letter, etc,...from employer. Can somebody point me in the right direction to so that i have a case in point.!
    Thanks!





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  • RNGC
    07-07 11:37 AM
    ^



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  • bluekayal
    10-20 03:31 PM
    I could have written this! I too am flummoxed by seeing this on my e-filed AP application. I think its pre-decision activity but I could be wrong. Anyone?



    Last week I e-filed my AP (I-131) renewal and sent documents to TSC. Soft LUD today, it is in "Testing and Interview� stage.

    Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
    Did any one go through this process before? pls share your experience.


    Here is the status from the website
    Testing and Interview
    We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.





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  • makemygc
    10-20 07:47 AM
    I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
    I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
    You don't need to restamp as long as your stamped visa on the passport is valid. I've done it myself and just carried the employment letter and tha fat H1 transfer package with me..No issues. While entering back into US, they just asked me about the H1 transfer approval letter and that package. Only think you need to make sure that when you are coming back, your H1 should be valid, no matter which company is it from.





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  • JunRN
    12-18 05:35 PM
    So USCIS is still reviewing I-140 even at I-485 stage. That is scary if your I-485 is at different service center than your I-140 approval.

    This is really a very scary ride. Hope we can all survive.





    pitha
    11-19 01:47 PM
    This processing dates is just an act or rather a scam. USCIS and DOS will do what they like. I personally know a lot of people who applied there 485 a month after I did during July 2007 and whose priority date was 6 to 7 months behind me and they got there green card in August 2008 and I did not, I am sure a lot of you are in the same position. Whats the point in looking at these processing dates when there is no order or proper manner in which USCIS processes them, it is worse than a fish market. If we are lucky the monthly bulletin dates might move again (I doubt it), even if it moves you just dont know how far it might move, it might be 1 month or even to 2007. USCIS will then issue GC to 2007 and make a fool of 2004 and 2005 folks. I guess we have no choice but to bear this brutality. I for one have stopped looking at processing dates and even monthly bulletin. On top of it we have Obama\Durbin in control of washington, not sure what sort of nightmarish "immigration reform" they are cooking. I am at a low point, for the first time I am fearing I might have to leave US (or might be kicked out of US by Obama \Durbin "Immigration reform") after comming here and staying legally for 10 years and obeying all the laws.





    svn
    04-07 07:06 PM
    After 10 years on H-1, last year we applied for my H1 extension and received a 3 year extension, based on I-140 approval. However, I am traveling out of the country and did not want to go to the consulate for a visa stamping especially since I had a tough experience the last time around. Luckily, my company also applied for EAD extension and Advance Parole. I am planning to use the Advance Parole for reentry - therefore, travel is one reason you might prefer to have an Advance Parole (though you might be able receive an Advance Parole without extending your EAD as well - am not sure of that)

    Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)

    I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.



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