theconfused
03-18 05:08 AM
Dear All,
My history has be read at -
http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/908350-missing-pay-stub-in-past.html#post1255553
Summary - I have a valid H1B visa till 31 August 2010. I went for visa interview (renewal of H1B) on 25th Feb 2010. I was given 221g form. It was mentioned to submit few documents in the form. Documents were CV, job description, last travels to US in 5 years etc. I submitted those on 26th Feb 2010.
On 3rd March 2010, i returned back to US with my valid H1B visa and current I-797A. Got an I-94 at the Chicago port of entry with the expiration date of 30 September 2011 (same as expiration date of I-797A).
On 16th March 2010, i got an email from New Delhi embassy asking me to submit the passport. I replied asking if they need it for visa stamping. Embassy just replied with the same message asking for the passport.
The same day i called DOS (Department of State) and they mentioned that my case is still pending and they are not sure that why the embassy needs my passport?
I emailed embassy asking that how soon should i travel back to India. The NIV unit mentioned as early as possible.
Do you guys have any idea what is likely to happen when i submit my passport?
My history has be read at -
http://immigrationvoice.org/forum/forum87-out-of-status-employment-gap-and-status-revalidation/908350-missing-pay-stub-in-past.html#post1255553
Summary - I have a valid H1B visa till 31 August 2010. I went for visa interview (renewal of H1B) on 25th Feb 2010. I was given 221g form. It was mentioned to submit few documents in the form. Documents were CV, job description, last travels to US in 5 years etc. I submitted those on 26th Feb 2010.
On 3rd March 2010, i returned back to US with my valid H1B visa and current I-797A. Got an I-94 at the Chicago port of entry with the expiration date of 30 September 2011 (same as expiration date of I-797A).
On 16th March 2010, i got an email from New Delhi embassy asking me to submit the passport. I replied asking if they need it for visa stamping. Embassy just replied with the same message asking for the passport.
The same day i called DOS (Department of State) and they mentioned that my case is still pending and they are not sure that why the embassy needs my passport?
I emailed embassy asking that how soon should i travel back to India. The NIV unit mentioned as early as possible.
Do you guys have any idea what is likely to happen when i submit my passport?
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paskal
06-02 10:28 AM
Do not trust what the consulate website says
In 2001 i had my passport renewed in NY
they insisted...and were adamant...that it had to be 11 mnths to expiry not 12 mnths...it makes no sense but they don't care.
they also don't care what the web site says.
i was told that if i wanted to travel i could get a temporary passport, since mine was full...and btw it was damaged (old, overused and beginning to come off at the sea...which is why i wanted a new one) so i would pay a large penalty, and a mnth later when i returned a could again apply for a new passport since it would be 11 mnths to expiring.
make sense if you can!
Chicago has similar idiosyncrancies. They don't provide all the services they list on the web site. They also do not care what the web site says. Call and you will be in an endless spiral of people saying different things and not really wanting to talk to you.
In 2001 i had my passport renewed in NY
they insisted...and were adamant...that it had to be 11 mnths to expiry not 12 mnths...it makes no sense but they don't care.
they also don't care what the web site says.
i was told that if i wanted to travel i could get a temporary passport, since mine was full...and btw it was damaged (old, overused and beginning to come off at the sea...which is why i wanted a new one) so i would pay a large penalty, and a mnth later when i returned a could again apply for a new passport since it would be 11 mnths to expiring.
make sense if you can!
Chicago has similar idiosyncrancies. They don't provide all the services they list on the web site. They also do not care what the web site says. Call and you will be in an endless spiral of people saying different things and not really wanting to talk to you.
raysaikat
11-14 10:57 PM
i am not a lawyer and may be mistaken, but i was told that if one's spouse is using EAD, then you must be in EAD status and cannot be in H1 status (since then dependent spouse would be in H4 status and cannot work).
Can anyone confirm this?
best,
-andy
It is the other way.
If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.
If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.
Can anyone confirm this?
best,
-andy
It is the other way.
If the spouse has EAD and wishes to be in AOS, then the primary applicant can be either on H1-B or on EAD; it does not matter.
If the spouse has no EAD (so that s/he has to be on H-4), or for whatever reason wants to remain in H-4, then the primary applicant must be on H1-B.
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loveNpeace
07-31 08:51 PM
Hello All,
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?
please advsie..
thank you
Tina
more...
guyfromsg
07-10 09:43 PM
My observation... based on i140 application
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
and the 140 was transferred to TSC.
My case was sent to NSC and it remained in NSC, however applications of 5 colleagues of mine got transfered to TSC... and another 3 remained at NSC
There seems to be a pattern on how they transfer cases from NSC to TSC based on last name (this is totally based on a very small specimen)... posting it here to know if it holds any water
Last name starting with A, C, E, G, I, K..... transfered to TSC
Last name starting with B, D, F, H, J, L..... stayed at NSC
any comments? again this is only based on my observation on a very small # of cases
and the 140 was transferred to TSC.
popoye
08-20 02:07 AM
Or is it only for EB3
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h14life
06-19 03:33 PM
Hi,
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
I am posting this on my friend's behalf. Here's his situation:
a) He's on H1
b) Applied for 485 / 765 / 131 through his employer.
c) Still on H1; EAD & AP approved.
d) Priority date no longer current for 485
e) He gets married.
f) Wife comes to US on H-4.
g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
h) Another thing is, she is also interested in working but can't do that on H-4.
Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.
Please let me know if it's possible to add the dependent regardless of PD being current or not.
Thanks in advance.
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dce.deepak
06-22 12:32 PM
My H1B extension got approved few weeks back and H1 extension is starting from 09/24/10.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
My current H1b visa was expired last year around Oct 1st. I have an urgency to go to india this week and my new h1-b extension is not effective yet.
My question is if I got for visa stamping sometime around July then can I present my H1b extension approval which has not started yet to visa officer and get a visa stamp based on that.
Because its start date is 09/24 so do I need to wait till that date before re-entering.
What if I use my current H1 which expires on 09/23/2010 ? Is it possible for visa officer to consider both current H1 and new extension to give me a visa.
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STAmisha
07-27 03:12 PM
Can I interfile even if PD is unavailable?
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beautifulMind
02-24 09:03 AM
Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.
No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140
No I donot have to refile. i will send the interfiling letter when the dates become current. My priority date has already been transferred on the new I-140
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Raj Iyer
09-23 04:00 PM
Omi:
In that scenario, you must the start the process all over again if you leave the company. You can retain the priority date of the approved I-140 petition.
In that scenario, you must the start the process all over again if you leave the company. You can retain the priority date of the approved I-140 petition.
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gg_ny
07-27 11:45 AM
Hi,
We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
Your response will be appreciated. Thanks.
We are in a peculiar situation regarding our FP. Did you take your FP taken? If so, did you get your file updated sometime after FP was completed? When you gave FP the last time, do you whether they had processed it before the approval?
We had to postpone our 2nd FP in May and gave our prints only in the end of June. I heard that such cases get into delays or problems. The first time over, our FPs were cleared in a week.
Your response will be appreciated. Thanks.
more...
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boreal
01-05 01:36 PM
Folks
Is anyone has done adjustment of status from B2 to H1.
My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.
Thanks
This is very risky, if not done correctly.
Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.
Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.
Is anyone has done adjustment of status from B2 to H1.
My friend is in US with 10 yrs multiple entry visa, and he likes to do adjustment of status. Any advice.
Thanks
This is very risky, if not done correctly.
Assume that you would got the I-797 and started working in the US, subsequently, when you go for H1-b stamping in India, high risk of rejection there. This is because B1/B2 has a non-immigrant intention and changing the status to H1-b within the US sends the wrong signal to the Consular officer during stamping.
Correct thing to do would be go to India after getting I-797, get the H1-b stamped, re-enter US on H1 status. Everything would be alright.
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fromnaija
09-20 04:07 PM
WELCOME TO RETROGRESSION!!!!
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
I'm from Bangladesh and EB3. As you know the I485 was current in July and i applied along with my EAD and AP. but this month in visa bulletin i found that the date went back to 2002.
My question is: are they going to consider my application current or i stuck in the backlog. my understanding is that the visa bulletin reflects the availibility to send the application....they received my application on July 2nd, 2007.
someone please clarify the matter please.......thanks ahead
more...
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new_horizon
08-03 04:27 PM
I received the same reply from Sen Debbie Stabenaw's office. I agree that they have a standard reply to all such questions. Really bad.
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MannyD
09-07 07:34 PM
This poll should also collect the year of PD and whether they have any dependents.
OK, sorry I missed that critical data! Depending upon response to this, I will create one with "year" later. Thanks
OK, sorry I missed that critical data! Depending upon response to this, I will create one with "year" later. Thanks
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ameryki
08-02 12:30 PM
I don't think a 1 year ead or 2 year ead is really affecting 485 applications.
girlfriend #39;Over Leven en Liefde#39;.
gcmaya
10-30 09:59 AM
Thanks!
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go_guy123
07-14 09:51 AM
easy way out :) mexico to san diego
Another addition....Mexico to San Diego and claim to be Cuban.....and GC is on the way.
Another addition....Mexico to San Diego and claim to be Cuban.....and GC is on the way.
thomachan72
06-13 08:16 AM
Great point.. core team should develop a strategy and share it with entire group as to how they are working towards getting these ammendments in and whom are they approaching ....
Wonderful point peer123!! Core members have their contact numbers listed on this site somewhere. It would be ten times better if you would personally call them or meet them personally and get answers for your questions :) Does that sound reasonable?? Many of our american disilusioned brothers/sisters are visiting our site periodically/regularly to see what we are upto. They think their salaries will rise once H1b visas are eliminated. "How Sad". Anyway, as I said call or meet with the core group personally and get your answers, OK. Rest of us dont want them posting any such information on this site.
Wonderful point peer123!! Core members have their contact numbers listed on this site somewhere. It would be ten times better if you would personally call them or meet them personally and get answers for your questions :) Does that sound reasonable?? Many of our american disilusioned brothers/sisters are visiting our site periodically/regularly to see what we are upto. They think their salaries will rise once H1b visas are eliminated. "How Sad". Anyway, as I said call or meet with the core group personally and get your answers, OK. Rest of us dont want them posting any such information on this site.
TomTancredo
11-27 07:21 PM
From what I can infer from the replies so far:
1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible
2. For contract positions, eliminating the desi layer in between might help increase the rate.
In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
You eliminate vendors based on what your expectations are as per the rate is concerned. You can not eliminate vendors totally because most of the large corporations go thru vendors , could be desi or otherwise .
Having an EAD opens up more oppurtunities than on H1 , Its up to the individual how one wants to use/benifit from the oppurtunities.
1. For full time/permanent positions, EAD opens the doors to companies that do not usually sponsor visas. From the salary perspective, a boost might not be possible
2. For contract positions, eliminating the desi layer in between might help increase the rate.
In (2), how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
You eliminate vendors based on what your expectations are as per the rate is concerned. You can not eliminate vendors totally because most of the large corporations go thru vendors , could be desi or otherwise .
Having an EAD opens up more oppurtunities than on H1 , Its up to the individual how one wants to use/benifit from the oppurtunities.
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