abhishek101
06-02 08:37 AM
I got my H1b Renewed till July 2009 with a passport expiring in August 2006. I submitted my application in March 2006. So there is no issue relating to expiry of passport while applying for H1B.
Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.
Also as Krishna pointed out you can apply for a passport reneweal upto one year in advance. For stamping they require you passport to be valid 6 months after your visa expiry but again of you have more than one year left on your passport you can go to US consulate and explain the Indian policy they will stamp the visa on the same passport. Last year I got my H1b Stamped valid till July 2006 on a Passport expiring in August 2006.
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rajenk
01-23 12:49 PM
Have you used AC21?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy
mundada
07-17 12:50 PM
Another case pointing that in the USA only lawsuits work to achieve short term results while lobby works to achieve long term solutions.
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sundarpn
01-02 06:33 PM
Could you tell us if the I-94 was stamped with the date your AP expires? Will you need to re-apply for an H1 extension after that date?
I have the same question and a few more:
I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).
So what are the problems/implications becasue of this? Are we still on H1b status?
Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?
In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?
I understand that these are very low level questions and better to consult an attrorney etc.
I have the same question and a few more:
I am told that when you enter on AP, your I-94 will mention AOS or parolee or something and is valid only upto the expiry of the AP. (which in my case only 9 months or so now).
So what are the problems/implications becasue of this? Are we still on H1b status?
Under this circumstance, if one wants to change employers by H1-B transfer (NOT using EAD), will there be ANY issues in the transfer?
In short, will entering on AP casue any issues to people who want to stick to H1b and also plan on changing jobs via h1b transfer in the near future (and also marry and bring H4 dependent)?
I understand that these are very low level questions and better to consult an attrorney etc.
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JK747
03-05 11:20 AM
My wife had Henna on her hand when she went for her FP. The officer asked her did not take her finger prints and asked her to send that letter to their office by mail for re-scheduling the appointment. She sent the letter and got another appointment within 40 days. No problems in the second appearance.
vrbest
11-14 11:36 AM
our case was recvd by uscis on July 23. we got our EAD card, FP notices , 485 receipts already. But 485 status is not online yet. I really dont need to worry about it, but was wondering if anyone is similar situation..
thanks
thanks
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gcdesirer
10-12 05:59 PM
My sister is currently working abroad as a Nurse and is looking to work in US. I have done some asking around and figured that Nurses are not welcomed in US as they used to be.
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
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gcseeker2002
02-07 10:56 AM
I was reading through a thread here where someone said that since LC substition will be banned soon and 140 will have to be applied within 45 days of labor approval else LC becomes invalid, so it would not be possible to transfer the priority date of a old LC which has I140 approved to a new LC that could be filed in another category since it would be more than 45 days since the old LC was approved. Is this true, if yes, this is the final blow to those apirants in Eb3 aspiring to transfer PD by reapplying in Perm Eb2 and transferring PD based on approved I140. Please respond with comments. Thanks.
Oh NO, if this happens then it will close the last door on many people.
Oh NO, if this happens then it will close the last door on many people.
more...
lj_rr
07-30 10:13 AM
So the USCIS article asks you to select Nebraska or Texas based on where you live.
Another place I read that it is based on location of permanent employment.
For me my employer is based at NJ and I work for a client in CA.
They have sent my 485 to Texas. Does this look Ok.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Another place I read that it is based on location of permanent employment.
For me my employer is based at NJ and I work for a client in CA.
They have sent my 485 to Texas. Does this look Ok.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
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ThackeG67
08-08 07:56 PM
Definitely illegal..that must be taken into legal action.
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ravi98
04-23 08:21 AM
Pelosi reconfirms taking on immigration, but the Senate has to start it. She went on to say, the House passed climate and energy legislation last year, but it has not acted on immigration reform.
�If the Senate is ready with an immigration bill, we don�t want anybody holding it up for any reason,� Pelosi (D-Calif.) told reporters at her weekly press conference. �Send it to us.�
Pelosi: House won't object to moving immigration first - TheHill.com (http://thehill.com/homenews/house/93733-hoyer-casts-doubt-on-immigration-moving-ahead-of-climate-change)
Asked if she could get the votes on immigration (in the House), Pelosi replied, �I believe so.�
�If the Senate is ready with an immigration bill, we don�t want anybody holding it up for any reason,� Pelosi (D-Calif.) told reporters at her weekly press conference. �Send it to us.�
Pelosi: House won't object to moving immigration first - TheHill.com (http://thehill.com/homenews/house/93733-hoyer-casts-doubt-on-immigration-moving-ahead-of-climate-change)
Asked if she could get the votes on immigration (in the House), Pelosi replied, �I believe so.�
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nfinity
01-20 01:40 PM
fantastic theme and integration! way to go
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edgarrecto
10-09 01:18 PM
i predict the november 2008 visa bulletin will come out on monday, october 13,2008. however, even if all categories will become current, it is still useless as the processing dates of the different service centers have processing times of july 2007. hence, almost everybody will not be able to have their papers processed.
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mchundi
12-17 10:54 PM
Can any senior Guy/Guru confirm this...
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.
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seahawks
07-25 02:01 AM
I'm a new comer... I would like to contribute if I could...but what's IV?
sorry that I was away the past weekend, thus the late reply
IV stands for immigrationvoice.org a forum where we are all writing, sharing our thoughts and helping in whatever ways we can on helping the confused often lengthy process of getting an employment based green card. Check out the home page and you will get all the information on all the wonderful founders, core members, volunteers and ofcourse all the members in whatever way are trying to help raise awareness on the employment immigration problems that we face and to see if we can get the honorable members of the house and senate understand our pain and bring some bill that will make us see light at the end of the legal line of aliens forever waiting for Green Card:)
sorry that I was away the past weekend, thus the late reply
IV stands for immigrationvoice.org a forum where we are all writing, sharing our thoughts and helping in whatever ways we can on helping the confused often lengthy process of getting an employment based green card. Check out the home page and you will get all the information on all the wonderful founders, core members, volunteers and ofcourse all the members in whatever way are trying to help raise awareness on the employment immigration problems that we face and to see if we can get the honorable members of the house and senate understand our pain and bring some bill that will make us see light at the end of the legal line of aliens forever waiting for Green Card:)
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smisachu
01-15 11:28 AM
This should pose no problem. My uncle who was also an ex Army officer got B1 to visit his kids here. I also have a friend who is retired from the Army and is now on H1 also waiting for GC. Only problem will be for Army personel of Rouge regimes like China, North Korea, Libiya, Iran, Some African countries and Kamer Rouge etc.
Hello All,
My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
Does any one know if some one with this profile was able to get B-1/2 visitor visa
Hello All,
My friend's father wants to apply for B-1 visa for tourism purpose. He is a senior retired defence personnel in India and now having successful post-retirement career as a education consultant. Will his Army background prove to be a detriment to his B-1 visa application?
DS-157 specifically asks for prior military training and knowledge of handling of firearms. All answers are affirmative in his case.
Does any one know if some one with this profile was able to get B-1/2 visitor visa
more...
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LostInGCProcess
11-07 11:51 AM
Hi,
We have applied for AP on Oct 1st and its still pending .
I have the following questions.
1) Can we enter using the AP thats gets approved when we are outside the US
2) How to expedite AP process other then business emergency as my wife is not working
3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.
Thanks in Advance for your suggestions
1) No.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
We have applied for AP on Oct 1st and its still pending .
I have the following questions.
1) Can we enter using the AP thats gets approved when we are outside the US
2) How to expedite AP process other then business emergency as my wife is not working
3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.
Thanks in Advance for your suggestions
1) No.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
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kaisersose
05-29 11:57 AM
Thanks for your response kaisersose.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
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chmur
03-23 10:42 PM
H1B extension takes 2 months . You are 4 months out from your trip out of country.
dil_ip3
02-25 11:35 AM
Thanks Kopra for the reply.
Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.
Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.
uma001
11-16 04:56 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards
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