days_go_by
05-25 10:57 PM
and everyone else involved.
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travellertvr
03-22 03:15 PM
smuggymba,
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.
Macaca
12-07 10:53 AM
May be you got lucky. AFAIK, transfers from non-profit/edu to for profit are always counted against the H1B visa number availability.
I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.
Your arguments are logical.
I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?
I did not hear anything from my lawyer about this issue. Neither did this issue come to my mind. It is possible that I got my H1B in the category for US degree holders. I am not a lucky guy.
Your arguments are logical.
I wonder what happens to your status if you apply for a tranfer from non-cap to capped H1B and the quota is over. Can you stay legally in the country?
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kumarc123
01-15 06:23 PM
I called but I got the immigration subcommittee's VM. I left a message with my name and the reason I was calling.
Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.
Please I humbly request all IV members to call her office.
Thank you
Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.
Please I humbly request all IV members to call her office.
Thank you
more...
ash0210
08-16 09:36 AM
US Date format on your AP would create some confusion in Immigration officer at Airport in India while coming back to USA..
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
On Bombay air port, I struggled for 5 minutes on AP date..US dates are MMDDYY format while India have DDMMYY...Our AP date was 9/7/2005 (Sep 7 2005) & we were travelling back to US on Aug 2, 2005 (India format 2/8/2005)...Immigration officer told us that WE Cant travel because our AP was expirered on Jul 9, 2007..I told him that USA dates are in MMDDYY format but he did not listened..then he called his Supervisor, his boss looked at our AP & he also said WE cant travel....Then I "politely" argued that dates in USA are MMDDYY format & my AP is valid...Somehow, his colleague on next counter was listening our converastion with him (& his Boss) and told our IO that I am right and my AP was valid....some how he was convinced by his colleguae and we were let go...
All of our family were tense...so take care of AP date format...
arunmohan
11-16 12:35 PM
bump
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sac-r-ten
03-22 11:03 AM
Thanks Sac-e-ten,
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...
Yes, i think you have to appeal through a lawyer.
1. BTW what questions were asked to you during interview?
2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?
If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.
Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.
Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.
Hope things get resolved for you.Good luck.
2010 2010
bijualex29
05-05 03:33 PM
I would like to know, can I get my H-1B at 6.0 year of my H-4 with my spouse�s approved I-140 (affected by EB-3 retrogression)?
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Prashanthi
12-03 05:13 PM
I stand corrected, thank you for pointing it out, i was thinking of a situation when the I-485 was not filed, in this case the I-485 is pending. See extract from Williams memo issued in February 2003. USCIS has clarified that the date to be looked at is the date that the I-485 was filed when the visa number was available. So basically if you were a dependent when the I-485 was filed and the I-485 visa number then regressed, they will look at your age at the time of filing the I-485 and then subtract the time it took for I-40/I-130 to be approved.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
Visa Availability Date Regression
If a visa availability date regresses, and an alien has already filed a Form I-485 based on an approved Form I-130 or Form I-140, the Service should retain the Form I-485 and note the visa availability date at the time the Form I-485 was filed. Once the visa number again becomes available for that preference category, determine whether the beneficiary is a �child� using the visa availability date marked on the Form I-485. If, however, an alien has not filed a Form I-485 prior to the visa availability date regressing, and then files a Form I-485 when the visa availability date again becomes current, the alien�s �age� should be determined using the subsequent visa availability date.
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hopefulgc
03-08 12:57 PM
AFAIK, I-140 is the underlying petition for the I-485. If I-140 is denied, the i-485 is automatically denied.
Move fast, start a PERM and see if u can lock in a date.
i missed the second part of your question.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
Move fast, start a PERM and see if u can lock in a date.
i missed the second part of your question.
i personally know a friend whose 1-140 was denied and their 485 is obviously pending....he is working on EAD, they have appealed for the 140. While the case is pending the EAD has been extended by 2 years.
Hope this helps.
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randomdude
12-07 12:11 PM
There is no gain in waiting longer.
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)
I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?
I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?
As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question
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chanduv23
10-15 07:29 AM
Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
My friend is working in a medium company for 5 years after he got GC.
Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
here are examples...
1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
2) during discussion do not use any US slangs. Talk to them in simple english.
3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
4) know something about cricket. Indians love cricket game.
The world is flat. Any job that CAN be outsourced, will be outsourced. Now, it may be India, but other places are catching up. No matter how efficient you are and how much knowledge you have, if your job CAN be outsourced, it will be outsourced. Companies hire specialists who do the ourtsourcing process. Almost all layoffs are a result of moving the jobs out or closure of partial or complete businesses.
For outsourciong, all we need is a high speed internet connection and a skype software as a bare minimum.
Yes, this is a constantly changing world, none of the jobs are stable and things keep constantly changing. Read the book "The world is flat" by Thomas Friedman and you will understand what it is all about
My friend is working in a medium company for 5 years after he got GC.
Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
here are examples...
1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
2) during discussion do not use any US slangs. Talk to them in simple english.
3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
4) know something about cricket. Indians love cricket game.
The world is flat. Any job that CAN be outsourced, will be outsourced. Now, it may be India, but other places are catching up. No matter how efficient you are and how much knowledge you have, if your job CAN be outsourced, it will be outsourced. Companies hire specialists who do the ourtsourcing process. Almost all layoffs are a result of moving the jobs out or closure of partial or complete businesses.
For outsourciong, all we need is a high speed internet connection and a skype software as a bare minimum.
Yes, this is a constantly changing world, none of the jobs are stable and things keep constantly changing. Read the book "The world is flat" by Thomas Friedman and you will understand what it is all about
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smuggymba
10-20 05:49 PM
you said u file ITIN for tax needs - why did u apply for job dude. ITIN doesn't get u a job. H4 can't work in USA...as simple as that. Hire a good lawyer and tax consultant.
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
Hello! I'm on H1B, and my spouse is on H4. We received an ITIN for my spouse for our taxpaying needs. My spouse managed to get employed using the ITIN. We filed a joint tax return this year. We received a letter from SS administration saying "We cannot put these earnings on your Social Security record until the name and SSN reported agree with our records." My lawyer says: "your spouse is now barred from GC, because when she's worked for more than X amount of days she became OOS."
When the time will come for my employer to process my GC, what consequences will my spouse's unauthorised employment have on Her ability to receive a Greencard? What are the ways to rectify the situation? Appeals? Special provisions/clauses? Cost?
Thank you,
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ysnraju
07-25 10:45 PM
So far not come across
But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
So no wonder Dependent may get approval.....
But lot of questions araises
Just for argument shake please do not expect to happen but for argument
if the Primary applicants is not eligible then what they will do ........ :)
.......
But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
So no wonder Dependent may get approval.....
But lot of questions araises
Just for argument shake please do not expect to happen but for argument
if the Primary applicants is not eligible then what they will do ........ :)
.......
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velan
05-26 06:17 AM
We should say thanks to IV core team, senators who understand our pains and helped to achieve this level and finally to QGA for the guidance given to IV core team.
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vybe3142
07-25 12:03 AM
thanks much, ...
i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.
i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.
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b_boy
10-14 02:43 PM
Basic Thumb rule is none of the insurance for visitors cover any pre-existing conditions, so the insurance you buy mainly covers accidental injuries (falling down from stairs / falling in bath tub / auto accident etc.) and bare minimal medical illness (very basics such as fever / cold etc. believe me if it's some thing else the doctors would relate it to a pre-existing condition)
you have 2 types, one is comprehensive coverage just like how it works for you and me and the other is limited coverage, neither of the coverage cover any pre-existing conditions.
you can go the links suggested which gives more info, think twice if you want to get it from India, my friend had a very bad experience with claims from one of the Indian insurance providers.
you have 2 types, one is comprehensive coverage just like how it works for you and me and the other is limited coverage, neither of the coverage cover any pre-existing conditions.
you can go the links suggested which gives more info, think twice if you want to get it from India, my friend had a very bad experience with claims from one of the Indian insurance providers.
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rolrblade
07-26 06:49 AM
Hi
I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.
What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?
Or better to apply EAD for me (not to my wife) after the I-140 approval?
Please help me..
Thanks in advance.
--Raj
What you have asked is a question that has been answered quite a few times on this board. Could you please try to read through those and if you have a follow up question then please post or PM me.
Also, I thik you want to ask if I-140 gets "revoked" Is that the case ? If not and you are really taling about I-140 REJECTION then cheg's statement above holds true.
I have a H1B visa valid till Apr 2009(still i can extend 3 more years). I am going to file I-140 and I-485 together on EB2 category. Along with this I am going to apply EAD for me and my wife.
What will be the status of my H1B if my EAD got approved and I-140 is still pending. In case if my I-140 get rejects, will i be out of status or I can continue with same H1B if i don't change company?
Or better to apply EAD for me (not to my wife) after the I-140 approval?
Please help me..
Thanks in advance.
--Raj
What you have asked is a question that has been answered quite a few times on this board. Could you please try to read through those and if you have a follow up question then please post or PM me.
Also, I thik you want to ask if I-140 gets "revoked" Is that the case ? If not and you are really taling about I-140 REJECTION then cheg's statement above holds true.
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gg_ny
03-18 01:54 PM
Q: Does the core team who have their boots in Washington have any knowledge of the date when the CIR will be introduced by Mr Kennedy?
Answer: (ALthough I am not part of the core team)...When the Judiciary committee is done with calling people for testimony in the 'Purgegate'. That means, upto the 3rd week of April. Even if it gets introduced to the floor of the Senate, the committee is going to be preoccupied with this scandal. Maybe if AG resigns, and all the fired prosecutors are reinstated next week, then by the end of the month you can start hearing the discussions. I gathered some words in the wind that high tech companies that wrote letters on quota for H1B is preparing to introduce a measure (when need arises) anticipating 1) H1B quota will run out in 21 days 2) CIR would not happen this year. BUT I AM NOT sure how much substantiated this is.
Hello :
Does the core team who have their boots in Washington have any knowledge of the date when the CIR will be introduced by Mr Kennedy . Days have turned to weeks then to months and we have been just hearing stories of the bill getting introduced "Next Week ".The press is spilling gallons of ink and the onliners are creating Gigabytes of forum data on Immigration Legislation and its outcomes, but nothing seems to come out of Capitol Hill , they are just going around in circles .Are they actually going to do something this year or is it just another eyewash ?
Answer: (ALthough I am not part of the core team)...When the Judiciary committee is done with calling people for testimony in the 'Purgegate'. That means, upto the 3rd week of April. Even if it gets introduced to the floor of the Senate, the committee is going to be preoccupied with this scandal. Maybe if AG resigns, and all the fired prosecutors are reinstated next week, then by the end of the month you can start hearing the discussions. I gathered some words in the wind that high tech companies that wrote letters on quota for H1B is preparing to introduce a measure (when need arises) anticipating 1) H1B quota will run out in 21 days 2) CIR would not happen this year. BUT I AM NOT sure how much substantiated this is.
Hello :
Does the core team who have their boots in Washington have any knowledge of the date when the CIR will be introduced by Mr Kennedy . Days have turned to weeks then to months and we have been just hearing stories of the bill getting introduced "Next Week ".The press is spilling gallons of ink and the onliners are creating Gigabytes of forum data on Immigration Legislation and its outcomes, but nothing seems to come out of Capitol Hill , they are just going around in circles .Are they actually going to do something this year or is it just another eyewash ?
clockwork
02-02 06:15 PM
If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
champu
03-12 09:25 PM
Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)
:):):):):):)
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