sashram97
09-15 03:21 PM
Hi,
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
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ak_2006
04-30 04:52 PM
Better ask your current employer for extension in August (as your H1 is expiring in Sept last week). But we never know about full time jobs and offer can go either way in last minute. So, keep in loop the current employer. If you won't get full time offer by July end, start process with current employer.
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amsgc
01-23 11:23 AM
Let me start my saying that H-1B status and H-1B visa are, somewhat related, but two different things.
If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.
Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.
Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.
If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (http://immigrationvoice.org/forum/showthread.php?t=16506)!
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
If you are currently in the US on H-1B status, and your H-1B status is about to expire, then your employer needs to file a I-129 petition for extension, with a new LCA, to the USCIS. You can do premium processing, and have the response from the USCIS in 15 calender days.
Once you have the approval notice of your extension, you can go to your home country, or Canada or Mexico, and apply for a new H-1B visa.
Though it is your employer's application, you are legally allowed to pay the $1000 for premium processing.
Some posts suggest that it is entirely your employer's headache, but to be honest, it really doesn't work that way, especially if you work for a small company that is not very well versed with the process.
If this post helps you, I would appreciate if you could give us a hand in our ongoing efforts (http://immigrationvoice.org/forum/showthread.php?t=16506)!
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
more...
rameshk75
02-14 06:52 PM
Here is my suggestion:
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
If am in your situation, i will go with the above approach...
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
If am in your situation, i will go with the above approach...
Student with no hopes
12-14 08:33 AM
Will the retrogression in Family Based have any consequences for the Employment based immigration?
more...
rockstart
09-19 12:35 PM
I know some people whose employers are lazy not to file new LCA when they switch jobs and move states. Some employers do it because they want to run payroll from certain states like Texas Florida where there is no state tax. I guess these people claim in consulate that they stay at the location where the employer is based and fly in -out to client places so do not need LCA of those places as they are not residents of that state. This is risky but consulates do not ask for LCA in most often cases never heard of any till now. Just pray you are lucky this time & from next time make sure your employer does it on time.
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loku
08-16 07:41 AM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
more...
singhsa3
02-09 08:30 PM
My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.
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CSPAmom
08-13 02:17 PM
Hi all,
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
I'm wondering if there are any successful cases where CSPA and the Patriot Act were combined to ensure that the child remains under 21? My son's name has been deleted from the derivative beneficiary's list, however, he can remain eligible under this F-4 petition if the Consular calculate his age with Patriot Act 45 days. In that case, he can benefit from CSPA. Our case details as below:
Priority Date: Oct. 16, 1996
Approval Date: Dec. 4, 1996
Days of Petition Pending: 49 days
Child's 21st Birthday: May 31, 2007
Child's age when visa became current: 21 years 62 days
Need your advices. Thanks!
more...
sunny1000
04-30 08:52 PM
congrats!!;)
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11-30 03:21 AM
People applying for tourist visas for the United States in Qatar have greater chance of accessing them than in any other GCC country. Figures released by the US Administration suggest that only 3.2 percent requests for US tourist visas made to the US embassy in Doha were turned down in the FY 2010.
A US government website citing tourist visa (B-Visas) refusal details country-wise said the data were preliminary through September 30, 2010. As for Qatar, the data show this was the lowest percentage of tourist visa refusal in the entire GCC region. The next Gulf state with a lower percentage of rejection was Kuwait (3.6 percent). Bahrain ranked third with a 4.1 percent rejection rate while the percentage for the largest GCC state Saudi Arabia was six.
As for Oman and the UAE, the percentages were higher-8.7 and 9.7, respectively. The GCC states ranked much above their peers in the Arab world like Egypt, Yemen, Sudan and even Iraq. The rate of B-visa rejection in these countries was more than 30 percent.
Somalia topped the list with a rejection rate of almost 70 percent followed by Djibouti (60.2 percent), Yemen (54.3 percent), Mauritania (49.7 percent) and Iraq (42.2 percent). It is interesting to note that the next Arab country after the GCC states with lower refusal percentage was Libya (14.3 percent). Morocco with a refusal rate of 15.5 percent and Tunisia with 15.6 percent rejection ranked next.
Among non-Arab Asian countries, China with a 13.3 percent rejection rate and India with double that percentage fared better than Pakistan (41.6 percent) and the Philippines (38 percent). Sri Lanka (28.6 percent) and Bangladesh (36.4 percent) were much better off as compared to Pakistan and the Philippines. US embassy officials were not immediately available for comment but it is understood that after Qatar Airways introduced flights to major US cities beginning June 2007, tourist visa requests from Qatari nationals as well as expatriates here have multiplied.
More... (http://www.visalawyerblog.com/2010/11/qatar_has_least_rejection_rate.html)
A US government website citing tourist visa (B-Visas) refusal details country-wise said the data were preliminary through September 30, 2010. As for Qatar, the data show this was the lowest percentage of tourist visa refusal in the entire GCC region. The next Gulf state with a lower percentage of rejection was Kuwait (3.6 percent). Bahrain ranked third with a 4.1 percent rejection rate while the percentage for the largest GCC state Saudi Arabia was six.
As for Oman and the UAE, the percentages were higher-8.7 and 9.7, respectively. The GCC states ranked much above their peers in the Arab world like Egypt, Yemen, Sudan and even Iraq. The rate of B-visa rejection in these countries was more than 30 percent.
Somalia topped the list with a rejection rate of almost 70 percent followed by Djibouti (60.2 percent), Yemen (54.3 percent), Mauritania (49.7 percent) and Iraq (42.2 percent). It is interesting to note that the next Arab country after the GCC states with lower refusal percentage was Libya (14.3 percent). Morocco with a refusal rate of 15.5 percent and Tunisia with 15.6 percent rejection ranked next.
Among non-Arab Asian countries, China with a 13.3 percent rejection rate and India with double that percentage fared better than Pakistan (41.6 percent) and the Philippines (38 percent). Sri Lanka (28.6 percent) and Bangladesh (36.4 percent) were much better off as compared to Pakistan and the Philippines. US embassy officials were not immediately available for comment but it is understood that after Qatar Airways introduced flights to major US cities beginning June 2007, tourist visa requests from Qatari nationals as well as expatriates here have multiplied.
More... (http://www.visalawyerblog.com/2010/11/qatar_has_least_rejection_rate.html)
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useriim
07-04 09:40 AM
Hello,
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
I'm outside US with AP (expiring in about a month). My GC has been approved this June.
My GC employer has run out of work. He is likely to get work later.
My options are:
a) Stay outside US and look for project. On getting confirmed work, enter US to join employer.
b) Enter US, look for project. On getting confirmed work, join employer.
Getting employed by GC sponsor employer with, either option could take few months.
While entering US, I will NOT have EVL(employment letter), only AP & I485 Approval Notice.
Which is safer option (a or b) for US entry ?
What questions can be asked at POE ? What should I say if asked about employer ?
Can GC be revoked at POE?
Which is safer option (a or b) for GC renewal, citizenship ?
Thanks.
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10-26 03:50 PM
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arthi123
11-18 07:38 PM
Does the courtesy copy look any different?
The one I have is exactly similar to my h1b I-797 without the I-94 of course...
Can you help?
The one I have is exactly similar to my h1b I-797 without the I-94 of course...
Can you help?
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09-29 01:44 PM
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smuggymba
09-20 02:14 PM
I am going out of country for 8 weeks, do you think i can move to state minimum insruance during this period and save some money ?
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02-29 03:13 PM
If they will find out it can be problem .
kondur_007
08-11 08:58 PM
Yes, it is possible to process your GC through company B while you are working for company A.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
gc_on_demand
09-22 09:55 AM
Hello there
I was in same boat except my extention is for 3 year. I asked Att. Ron same that my labor and I 140 is approved and what if I leave this company and join new one and current one withdraw all papers. As per RON once you have I 140 approved and even if company withdraw it u can get 3 years unlimited extention with new company as long as new company apply for GC. Doesnot mean u need anything approved but should be under process. PERM or I 140 OR I 485.
I was in same boat except my extention is for 3 year. I asked Att. Ron same that my labor and I 140 is approved and what if I leave this company and join new one and current one withdraw all papers. As per RON once you have I 140 approved and even if company withdraw it u can get 3 years unlimited extention with new company as long as new company apply for GC. Doesnot mean u need anything approved but should be under process. PERM or I 140 OR I 485.
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