Madhuri
07-18 11:21 AM
I also think that now at least we should think of making IV a paid site. Doubtful people always used to ask for results. IV has given a big answer to all these people. Why not at least make it paid for posting in the forums/starting a new thread?
Can you IM a core and ask them to put a link on main page...
Can you IM a core and ask them to put a link on main page...
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nixstor
12-04 10:28 AM
you should in fact thank the system for letting you to continue on H1 ..
oh really! may be you should remain on H1 for ever.
oh really! may be you should remain on H1 for ever.
p_aluri
06-11 06:16 PM
Once the H1-B extension is approved you are good to go(This is a big gray area)!
Some says once the I-140 is revoked , the subsequent H1-B no longer valid. But there is no guidline to prove the same.
As per my knowledge once its approved you are good to go until the expiration date.
I am not a lawyer, I am telling based on information gathered from various posts/forums.
what happens to the H1 extension if the I-140 is subsequently revoked?
Some says once the I-140 is revoked , the subsequent H1-B no longer valid. But there is no guidline to prove the same.
As per my knowledge once its approved you are good to go until the expiration date.
I am not a lawyer, I am telling based on information gathered from various posts/forums.
what happens to the H1 extension if the I-140 is subsequently revoked?
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gsc999
04-18 09:39 PM
I asked this question few days ago but no one responded. I guess nothing is going on. Why do they waste tax payers money by introducing bills and not acting on them.
Any way, pack your bags or wait for ten years.
--
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
Any way, pack your bags or wait for ten years.
--
Patience my lovelies. This may be the calm before the storm, who knows.
Per some news report, a debate has been scheduled on Senate floor to debate a comprehensive immigration reform bill during last two weeks of May'07
more...
jsb
01-27 12:53 PM
Hi,
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.
Thank you.
Question is why do you need a lawyer for AC21. It does not require any action, unless USCIS asks for confirmation of same/similar job offer. In any case, if you choose to take some action, just send copy of new job offer to UCSIC (by your your new employer that they have a job for you when you get your GC). The letter should have job details same/similar to what you were sponsored for.
When lawyers want to do this, they do so only to make some money.
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.
Thank you.
Question is why do you need a lawyer for AC21. It does not require any action, unless USCIS asks for confirmation of same/similar job offer. In any case, if you choose to take some action, just send copy of new job offer to UCSIC (by your your new employer that they have a job for you when you get your GC). The letter should have job details same/similar to what you were sponsored for.
When lawyers want to do this, they do so only to make some money.
mchundi
02-23 06:01 PM
Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..
Sorry that u r stuck at PBEC. It is more than 4 months since i tuned into labor forums. Is there any progress at PBEC? Has the RIR Q moved to mid 2002 consistantly? Earlier Non RIR Q was ahead. Is this still the case?
I can understand those without labor not coming fully forward.
U must understand that it will be 4-6 months atleast by the time we see the fruits of any new law, but if we miss this chance, the options are very bleak. Here is why.
If u dont get any relief now, there will be none for may be another couple of years.
There are enough aspirants that can consume this years and next years quota whose PD is in 2002 for some countries like INDIA (even for Eb2). Dont be fooled by the forward movement of PD now.
The way the USCIS works and the way priority date moves, u will see some forward movement till sep' 06 and again they will move back a couple of years. For those who come out of labor process from PBEC the situation is no different than it is today, if u cant file I-485 and get portability. U will be even more dissapointed.
--MC
Sorry that u r stuck at PBEC. It is more than 4 months since i tuned into labor forums. Is there any progress at PBEC? Has the RIR Q moved to mid 2002 consistantly? Earlier Non RIR Q was ahead. Is this still the case?
I can understand those without labor not coming fully forward.
U must understand that it will be 4-6 months atleast by the time we see the fruits of any new law, but if we miss this chance, the options are very bleak. Here is why.
If u dont get any relief now, there will be none for may be another couple of years.
There are enough aspirants that can consume this years and next years quota whose PD is in 2002 for some countries like INDIA (even for Eb2). Dont be fooled by the forward movement of PD now.
The way the USCIS works and the way priority date moves, u will see some forward movement till sep' 06 and again they will move back a couple of years. For those who come out of labor process from PBEC the situation is no different than it is today, if u cant file I-485 and get portability. U will be even more dissapointed.
--MC
more...
newxyz100
07-17 04:34 PM
I think you need to be in US when the application reaches the USCIS office.
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.
Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.
Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
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sanjay02
07-25 07:36 PM
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
Thnks for the answer, I havent heard of any one being interviewed twice. Once date get current, do I have to go to local USCIS office , after I take infopass?
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
Thnks for the answer, I havent heard of any one being interviewed twice. Once date get current, do I have to go to local USCIS office , after I take infopass?
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pmat
01-31 02:18 PM
As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna
I don't think that the priority date is lost if the I-140 is revoked. If it is revoked because of fraud then only you may lose the priority date. If your I-140 was genuine and you have a copy of the approval, you can still use the old priority date even if the company revokes the I-140.
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vicks_don
04-18 10:34 AM
I filed 140 to VSC. Would it be transfered to TSC. It is still pending. I got a RFE on 140. Should i send the docs to VSC or TSC. Can anyone please answer this.
Thanks.
Thanks.
more...
bigboy007
12-10 03:33 PM
Got the point thanks for all info. btw its the HR Department right which determines SOC ? How does it ensure Same/Similar SOC COde?
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manusingh
01-08 10:06 AM
My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
Hi
Does your wife got H-1B stamped, could you pl send us all details. It may help us.
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
Hi
Does your wife got H-1B stamped, could you pl send us all details. It may help us.
more...
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raysaikat
04-21 11:27 PM
Hello
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
What is your country of birth (not citizenship)?
My story is:
I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
Questions are:
1. Can my employer apply for a Perm Cert for me if they want.
2. After getting the perm cert. can my employer file I 140 under EB3 for me?
3. Will I be eligible for premium processing for I 140 application, in 15 days?
4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
a. Then I'll still be working with my current EAD, right?
b. Then what happens after May 2011?
c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?
d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
thank you very much
What is your country of birth (not citizenship)?
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dalishi
10-13 02:45 PM
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
Thanks!
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conundrum
02-01 07:05 AM
Keep all your documents ready and apply for ur wife as soon as your PD becomes current.
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basav
08-03 03:20 PM
I came to US in March 2007 on L1B, mean time applied for H1b during April 2008 which got approved with COS effective from Oct 1 2008,
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave !
I could not work on H1b for some reasons, continued work on L1 until end of may 09 , went back to india during last week of May 2009 and returned in a month time (last week of June 09) with same L1 visa,
Now I have a valid I94 fo L1 until Feb 2010, also H1B I94 says valid until 2011 which I assume is no more valid due to re-entry on L1 n offcourse never having worked on H1b till date.
Now I would like to take up H1B in a month time, following are my questions
1. I assume that my employer need to apply for COS from L1-H1 now (form I-539) correct me if iam wrong,also is it legal to work while COS approval is in progress?
2. Is there a premium processing for COS? to make sure I get approval first and then start working,how long does it take to process premium and what is the typical time frame for normal one?
3. My family is back in India, are they legal to travel during my COS being in progress with necessary stamping ? This is in case iam legal to work while COS is in progress, or
you recommend me getting them before COS is initiated with there L2 visa n then apply COS for them too ? Risk here is if COS is not approved for some reasons everyone have to leave !
more...
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lost_in_migration
05-14 07:36 PM
Thanks a lot coreIV
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anjans
04-29 06:21 PM
Nice article here. It also compares the experience on how folks did once they went back. The needle is surely moving away from USA.
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
America is bleeding competitiveness | VentureBeat (http://venturebeat.com/2011/04/28/brain-drain-or-brain-circulation-america-is-bleeding-competitiveness/)
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HumHongeKamiyab
11-15 12:46 PM
You dont have to go for stamping. While crossing the border tell the US officer that you are going to use "Automatic Visa revalidation", and hence dont want to submit your I 94. When you come back to USA just have your I 797 (Notice of approval) ready. I have been to canada in feb this year and came back with the expired visa on my passport.
You might want to call the US airport where you are first landing after returning back from canada, and talk to the immigration officer there..
I got canadian greencard and running out of time to land there before my medical examination expires.
On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.
Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.
Please share your experiences and suggest me the safe thing to do.
You might want to call the US airport where you are first landing after returning back from canada, and talk to the immigration officer there..
I got canadian greencard and running out of time to land there before my medical examination expires.
On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.
Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.
Please share your experiences and suggest me the safe thing to do.
iv2000
08-09 07:33 PM
Para. 4
http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html
An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html
An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
zCool
04-03 03:35 PM
See below for answers:
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
-- Simple words. NO. If you want to be on the payroll of 2 full-time employers at the same time, unless otherwise it is mentioned so in LCA it's illegal.
That does not stop you from holding approved H1b Petitions from 2 (or for that matter more than 2) employers at the same time. But you can only work for 1 employer.
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
-- It should take less than 3 days. If an attorney has previously worked with your employer and has their records on the file etc. then maybe less. A lot of h1b and LCA application documentation involves writing big statements and letters related to employer's business, their need for your speciality skills etc. First time applications for any new employer-attorney pair will take couple of days to prepare these docs.
Good part is you can apply and get receipt in couple of weeks (Earlier if you apply in Premium) and then you are allowed to work for new employer.
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
-- It it better to wait. Coz any travel outside can get you stranded if something goes wrong. but if you MUST travel then postpone change of employer till you come back. Meaning you can apply for h1 from new employer but do not join them, Continue working for your current employer. Go visit india, come back , join your current employer and then after 1 paycheck at least give notice and work for new employer. Hopefulyl by then your transfer would have come thro' there by reducing your risk of joining them before h1 approval and then RFE or denial creating issues for you.
Thanks a lot!
BTW, as queries go.. this one wasn't complicated :) Relax!
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