amsgc
02-07 09:14 PM
AFAIK, This only applies in cases where the visa that is being sought is not a dual intent visa.
US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.
US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.
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jimcourier
06-04 04:36 PM
Hello Folks,
I have a very urgent situation and would really appreciate your help.
Background :-
H1-b holder through consulting company A, filed for extension in Dec 2008 and got approved in 10 days for a valid duration till Nov 2011.
I was working with them on client projects through-out, and have valid pay-stubs until May, and possibly even June.
But I found a full-time job with a small company, who also filed for my H1 transfer. The application packet received USCIS on May 26, and they sent an RFE which was received by us on June 1, along with the Receipt notice. The RFE was for proving my duration of stay outside the US, since my lawyer put that time towards recapture. In hindsight, I should have asked them not to, but what's done is done.
Anyways, my documents have been received by USCIS on Wednesday, and I have no updates yet showing up online.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
Thanks, and keep up all the good work.
I have a very urgent situation and would really appreciate your help.
Background :-
H1-b holder through consulting company A, filed for extension in Dec 2008 and got approved in 10 days for a valid duration till Nov 2011.
I was working with them on client projects through-out, and have valid pay-stubs until May, and possibly even June.
But I found a full-time job with a small company, who also filed for my H1 transfer. The application packet received USCIS on May 26, and they sent an RFE which was received by us on June 1, along with the Receipt notice. The RFE was for proving my duration of stay outside the US, since my lawyer put that time towards recapture. In hindsight, I should have asked them not to, but what's done is done.
Anyways, my documents have been received by USCIS on Wednesday, and I have no updates yet showing up online.
I have to leave for India on Saturday for my wedding next weekend.
My possible scenarios :-
1, Case status online changes to Approved, I can travel to India before receiving the approval notice ?
2, Case status is still pending, they need more RFE. In that case, can I ask my new company to provide the RFE when I am in India ?
3, Case status approved, I wait for a couple of days before I get my I-797 approval notice, that means I will have to change my travel plans. I really can't put it off, since I am traveling for my wedding next weekend.
Can someone advise ?
My travel to India is definitely happening, but can I go and get my visa renewed along with my wife, and come back ?
Thanks, and keep up all the good work.
maverick_iv
05-02 11:24 PM
I still don't have my GC(based on an Engineering position) but took up a managerial position within the same organization.. IMO, its a risk worth taking.. If I were you, I would take the new position, switch over to EAD and not apply for the H1B extension..
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ndswaiting
05-01 06:15 PM
I have been a silent follower of IV for more than a year but this is my first post so be kind :)
I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().
I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.
The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.
I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.
Thanks in advance :)
I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().
I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.
The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.
I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.
Thanks in advance :)
more...
ramus
07-02 09:50 AM
Please study IV first and then raise any question.
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
Can anyone answer me? I really doubt the people out here.
hibworker
11-18 03:07 PM
EB2, notice it says Sec. 203(b)(2) :)
Here is more details from USCIS: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Hi,
Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.
Notice Type : Premium Processing Receipt notice
Amount Received : $ 1475.00
Section : Mem of profession w/adv deg,or of exceptn'l ability
Sec .203(b)(2)
Can some one please helpme out in this regard.
Thanks in Advance,
Vavuvya.
Here is more details from USCIS: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
Hi,
Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.
Notice Type : Premium Processing Receipt notice
Amount Received : $ 1475.00
Section : Mem of profession w/adv deg,or of exceptn'l ability
Sec .203(b)(2)
Can some one please helpme out in this regard.
Thanks in Advance,
Vavuvya.
more...
insbaby
08-10 12:10 PM
Just because the PD is before 2005, doesn't mean the job needs masters degree. The job responsibilities will remain the same. The person doing the job would have acquired the necessary experience to carry out a job that falls in EB2.
Also, not everybody qualified for EB2 may be able to find a job that is in EB2. That's a different story .
----
EB3I - May 2006
Contributed 100$
Sorry, I did not phrase it properly. Apologize.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
Also, not everybody qualified for EB2 may be able to find a job that is in EB2. That's a different story .
----
EB3I - May 2006
Contributed 100$
Sorry, I did not phrase it properly. Apologize.
The previous post was so frustrated because EB3 is unavailable. So I was trying to say, in his point of view, it would have been a different case if the PD is somewhere around 2005/2006/current, may be he would have been ok with the Bachelor's degree.
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ibmguy
04-07 04:48 PM
I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.
more...
j751
07-17 03:19 PM
Karanp25 I know where you come from...and honestly seems like you've got a worm up your axx... You deserve to get laid on a block of ice and get your axx whipped....
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Cheran
04-13 03:16 PM
I want to address this to everyone. Any organization needs a clear and precise Vision statement. Majority of the senior member complain that the people with green card and citizenship do not support immigration voice; then the question becomes what is our vision. If we confine ourselves to the benefit that we all should get green card, then what is the need for someone who has already got a green card to visit this web site. Humans are need based animals, whether you like it or not tomorrow if I get my Green Card (A big IF) it is very much likely that my visit to this website will be minimized. My priorities will be different. So core group should get a better vision statement which might address all immigrants.
The reason I came to immigration voice is slightly different, because I am still not convinced enough to accept that core group could do something which will make our law makers’ act different. I support immigration voice on a bigger picture, it unites all immigrants together, and the website provides me support to all my immigration need. For example, I can search the website and find information regarding visa stamping, H1 quota and what my fellow countrymen think about it. So my sincere advice to the core group is to create a vision statement which is much bigger than the green card issue and which will make sure all immigrant no matter with green card or not will visit our website. Make the vision statement visible in the website. You have much better exposure through this. I have to agree, I am writing this out of frustration :D , but to be honest, do not treat this website for green card retrogression alone, treat it as something bigger, which will address all immigrant needs.
The reason I came to immigration voice is slightly different, because I am still not convinced enough to accept that core group could do something which will make our law makers’ act different. I support immigration voice on a bigger picture, it unites all immigrants together, and the website provides me support to all my immigration need. For example, I can search the website and find information regarding visa stamping, H1 quota and what my fellow countrymen think about it. So my sincere advice to the core group is to create a vision statement which is much bigger than the green card issue and which will make sure all immigrant no matter with green card or not will visit our website. Make the vision statement visible in the website. You have much better exposure through this. I have to agree, I am writing this out of frustration :D , but to be honest, do not treat this website for green card retrogression alone, treat it as something bigger, which will address all immigrant needs.
more...
viva
11-02 08:22 PM
Yes, Arjun is now chargin $75 an hour as he is moved into a bigger office. I have used him too. Did not actually retain him, but he offers clear and concise advice without trying to paint a rosy picture of the situation and trying to set you up for more consultation services.
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go_guy123
07-30 02:10 PM
This memo is under litigation....lets see the outcome and where the memo stands.
more...
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gbof
05-01 07:42 AM
One of my friend who applied for an EAD renewal got it approved. But it went back to USCIS as undeliverable by post office. So he calls USCIS and opens an SR, and the rep says that his PR card application has been approved and will be remailed to him. Which means, they initially sent the GC instead of EAD. Can this happen? His PD is not current, he is from india with a PD of 2004.
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
most likely, they are talking abt EAD.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
Also, after he opened an SR for this, he received a notice from USCIS via postal mail that an SR was created and that they are remailing the PR card and if he does not receive it within 60 days, he needs to call them.
I told him that they are mistaking PR card for an EAD card and its the EAD card thats coming back to him. Anyone here had such an experience?? And defenitely my friend is just not excited too as he knows USCIS does not even know to put the correct card name in the notice.
most likely, they are talking abt EAD.
BTW: Did you receive your EAD yet? If so was it 1yr / 2 yr duration?. Your's is an interesting case of being approved within 1-week (altough filed before 120 days of expiration and mailed at the wrong center)
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frostrated
09-08 05:11 PM
I would not advise you to port, stick with eb3 as you are working with company A right ? if not then stick with eb2 PD.
why? any reasons?
why? any reasons?
more...
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chakdepatte
05-18 10:08 PM
what are we waiting for. for Chinese bhai to win the case and take EB3-I unused visas ? lets join and file another India EB3-I lawsuit. best way to be heard. ........squirrel.......
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p_aluri
11-09 03:13 PM
Your Employer is wrong. USCIS won't send I-94 in separate mail.
As per my knowledge, One should not start working unless there is I-94 attached to I-797 Approval Notice.
Your wife need to go out of the US and get it stamped before start working.
At POE, the Immigration Officer will issue the new I-94 with valid H1-B Status.
Again I am not an attorney...
Please talk to attorney for further clarifications.
All The Best.........
Hi All
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
As per my knowledge, One should not start working unless there is I-94 attached to I-797 Approval Notice.
Your wife need to go out of the US and get it stamped before start working.
At POE, the Immigration Officer will issue the new I-94 with valid H1-B Status.
Again I am not an attorney...
Please talk to attorney for further clarifications.
All The Best.........
Hi All
My wife received her H1 document approval notice yesterday, but her approval notice does not contain I 94.
Employer says they will receive I 94 document seperately and they will mail it.
My question is, Is Employer saying TRUTH
Usually I94 is part of H1 Approval notice, ie bottom part, Do USCIS send out both these documents seperately.
If my wife does not get her I 94 what are her Options
your Response is truly appreciated
more...
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vin13
01-07 02:20 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
If you just need the procedure and no discussion then why not call the unemployment office in your local area and find out yourself.
If you just need the procedure and no discussion then why not call the unemployment office in your local area and find out yourself.
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Leo07
10-21 04:36 PM
LOL...similar to yours?( except that you have chargeability:India)
I'm sure you've a valid reason..just could not resist the post.
You profile has no information...
I'm sure you've a valid reason..just could not resist the post.
You profile has no information...
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prasad_2007
06-01 09:07 AM
Liaison International
(Comprehensive Coverage Plan)
All insurance or in same boat.
(Comprehensive Coverage Plan)
All insurance or in same boat.
vxg
12-31 01:57 PM
See my answers. WE just came back on AP, no issues.
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us?
YES
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
NO
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.
Your help is greatly appericated.
Thank you.
I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:
1. Should I apply for AP for both of us?
YES
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport?
NO
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time?
In my case (we just returned on AP) the IO at Chicago did not take us to a room. He stamped AP thereon the counter, kept one copy and returned other to me. Carry all three copies of AP along with a photocopy.
Your help is greatly appericated.
Thank you.
PavanV
08-08 06:32 PM
To hell with the checks and all, if you are all legit, there is absolutely no need to worry, people are ready to go back and not rot with this economy, increasing this intrusive checks will make people more averse towards H1 , which might help the local folks finds jobs, but it will adversely impact the economy of this country. I guess it has to be this way.
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