Aura M.
01-23 08:44 AM
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 had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
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newbie2020
08-31 07:06 AM
The General rule is You are eligible for H1B extn if the following conditions are met
a) Labor applied on your behalf atleast 1 yr prior to maxout date. You will be eligible for 1 yr extensions
b) Labor and I-140 approved in that case it will be 3 yrs extensions
Now I was in similar situation where in i applied for labor in 6th yr, Labor got cleared in 2 months, I-140 got cleared in 2.5 months so now i am eligible for 3 yr extn.
These days Labor certifications are taking a bit longer time (Atlanta is the only place they are doing it ) So it may take more time. Also one another thing needs to be considered is if there is any RFE then it takes longer.( Few cases pending beyond a year)
Do a research on various RFE and do your paperwork in much more details you will probably end up without any RFE on your case
a) Labor applied on your behalf atleast 1 yr prior to maxout date. You will be eligible for 1 yr extensions
b) Labor and I-140 approved in that case it will be 3 yrs extensions
Now I was in similar situation where in i applied for labor in 6th yr, Labor got cleared in 2 months, I-140 got cleared in 2.5 months so now i am eligible for 3 yr extn.
These days Labor certifications are taking a bit longer time (Atlanta is the only place they are doing it ) So it may take more time. Also one another thing needs to be considered is if there is any RFE then it takes longer.( Few cases pending beyond a year)
Do a research on various RFE and do your paperwork in much more details you will probably end up without any RFE on your case
hetuweb
01-25 08:23 PM
This is my situation friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
- My I-140 approved in January 2007 and I-485 filed in July 2007
- Me and my wife has EAD + Advance Parole (AP) + Finger print done.
- We decided to go back to India
- I will come for 3 months every year and other 9 months, I will work from India for the same employer, the same work-outsourcing work.
- I will be continued on Payroll of my present employer in future too.
- I came on visitor visa in 2001 and then converted into H-1b visa and then never go to India till today.
- Now I am on H-1b extension on 7th year (3 yr. extension up to year 2010 on basis of approved I-140)
- I will get H-1b visa stamp up to year 2010 from Mumbai, so can I come to USA on H-1b visa stamp after conversion of ADJUSTMENT OF STATUS (AOS) TO CONSULAR PROCESSING (CP)? (my present AP will be expired at that time when I come to USA)
- Now what can I do? Should I TRANSFER FROM �Adjustment Of Status (AOS) TO Consular Processing (CP)� or continue on AOS? What is better and advisable for me?
- Can I get Advance Parole (AP) from India after Consular Processing conversion?
- To convert from AOS to CP, can I have to be in USA or I can do from India also?
Your help in this matter will be highly appreciated as I am going very soon.
Thanks in advance to all of you friends.
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Sunx_2004
03-24 11:58 AM
Its a good consolidated report, It clearly says system is broken and need a fix. Almost all the legislation listed at the end talk about either recapturing lost visas or increase the numerical limit.
Thanks
Check attachment.
Thanks
Check attachment.
more...
Leo07
06-08 08:12 PM
Hello There,
The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)
I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.
In this scenario:
a. Do I have to go through the entire GC process again with new company?
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
d. Should I stay with my current employer?
Please all your suggestions are welcome.
Best Regards,
Leo07
The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)
I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.
In this scenario:
a. Do I have to go through the entire GC process again with new company?
b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
d. Should I stay with my current employer?
Please all your suggestions are welcome.
Best Regards,
Leo07
rockstart
01-18 08:19 AM
I have my I 140 approved in 2006 and it has priority date. Filed my I 485 in August 2007. The priority date in the receipt is blank, guess looks to be normal.
more...
baires
08-31 10:38 PM
Does anybody know what the best consulates (preferably in Mexico) to go for H1B stamps are? I am getting my H1-B transfer approved in the next weeks and I want to go ahead and get the passport stamp in order to travel.
My first H1-B I went to Ciudad Juarez Mexico, and unfortunately I arrived the morning of 9/11/01, I was able to cross onto Juarez shortly after they closed down the borders.. Bad experience all in all. took 4 days longer to get back home to San Antonio and had to take a bus.
In 2004 I went to the consulate in Matamoros and it was the worst. They DID not have a record of me ever having made an appt for a visa stamp (even though I called and scheduled one) and again, the whole ordeal took 3 days too long.
Does anybody know any good consulates? I was told Monterrey Mexico is very good. Any suggestions appreciated.
Thanks
My first H1-B I went to Ciudad Juarez Mexico, and unfortunately I arrived the morning of 9/11/01, I was able to cross onto Juarez shortly after they closed down the borders.. Bad experience all in all. took 4 days longer to get back home to San Antonio and had to take a bus.
In 2004 I went to the consulate in Matamoros and it was the worst. They DID not have a record of me ever having made an appt for a visa stamp (even though I called and scheduled one) and again, the whole ordeal took 3 days too long.
Does anybody know any good consulates? I was told Monterrey Mexico is very good. Any suggestions appreciated.
Thanks
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Jubba
04-06 05:26 PM
well ones a fax and the other is a California area code telephone number...
more...
FredG
April 7th, 2004, 06:33 PM
Looks like a tough little guy to capture. The way things are lined up, I think you could successfully clone out the branches in front of him. I'd leave the others. Any more sharpening would over-sharpen thetail. Although you could copy the layer, apply more sharpening to the layer, then mask out everything except the parts of the head you'd like to change.
Fred
Fred
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chintainfogc
10-28 04:49 PM
Hi,
We (me and my wife) have received RFEs to submit G-325A forms on 9/24/09 and our lawyer submitted the requested documents last week on 10/20/09, on the next day USCIS online status changed to "We have received RFEs documents and this case processing has resumed........" on very next day 10/22/09 online status changed to "RFEs sent......."
Now we (me and my wife) and our lawyer received same RFEs again thoguh our lawyer submitted requested documents.
Please share your thoughts on how should i go from here...should i submit documents again?? or should i take an info pass and try to find out whats gaing on with our cases?
Thanks in advance
chintainfogc
We (me and my wife) have received RFEs to submit G-325A forms on 9/24/09 and our lawyer submitted the requested documents last week on 10/20/09, on the next day USCIS online status changed to "We have received RFEs documents and this case processing has resumed........" on very next day 10/22/09 online status changed to "RFEs sent......."
Now we (me and my wife) and our lawyer received same RFEs again thoguh our lawyer submitted requested documents.
Please share your thoughts on how should i go from here...should i submit documents again?? or should i take an info pass and try to find out whats gaing on with our cases?
Thanks in advance
chintainfogc
more...
milind70
08-11 12:56 PM
hello all,
i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.
i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.
thanks
-M:confused:
mail to NSC where you have mailed your application,you might have mailed your 485 to NSC since your 140 was approved from there.
i filed my application on july 2nd to nebraska service center. Now i am filing my wife' application using the new updated 485 form. i sent my application to nebraska service center. i live in florida and in the new form i have noticed that they are asking people from florida to send 485 application to texas service center.
i am confused as to where i should send my application. i am attaching a sheet which asks mailroom to attach my wife's new application to already filed my application ( sent on 2nd july with no recepit ).. i am just confused that if i send my application to texas will it get attached to my primary already filed application... any one in same situation or any insite please help.
thanks
-M:confused:
mail to NSC where you have mailed your application,you might have mailed your 485 to NSC since your 140 was approved from there.
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Blog Feeds
07-08 11:30 AM
Foreign nationals may obtain their green cards by marriage through a U.S. citizen or lawful permanent resident (LPR). If the marriage is less than two years old at the time residence is granted, the foreign national will receive conditional resident status. The actual conditional residence card will have a two year validity date. Individuals who obtained their resident status based on a marriage less than two years are required to file Form I-751 Petition to Remove Conditions 90 days prior to the expiration date on the conditional residence card. Once the conditions are removed, the conditional resident status becomes permanent.
The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:
· Birth certificates of children,
· a copy of the rent/apartment lease,
· mortgage payments,
· joint filing of tax returns,
· utility bills evidencing both names,
· copies of pictures,
· itineraries or boarding passes,
· insurance coverage listing both names,
· joint bank accounts,
· driver’s licenses evidencing both names,
· letters from family regarding knowledge of the marriage (including envelopes with postmarks),
· receipts for items purchased together (ie: furniture),
· cards written to both for a holiday, birthday, anniversary.
Other documents accompanying the Form I-751 include:
· A copy of the conditional residence card,
· Two passport style photos for the applicant,
· A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
· A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.
Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)
The petition to remove conditions should be accompanied with evidence establishing the validity of the marriage since being granted conditional resident status. Supporting documentation of a valid marriage may include:
· Birth certificates of children,
· a copy of the rent/apartment lease,
· mortgage payments,
· joint filing of tax returns,
· utility bills evidencing both names,
· copies of pictures,
· itineraries or boarding passes,
· insurance coverage listing both names,
· joint bank accounts,
· driver’s licenses evidencing both names,
· letters from family regarding knowledge of the marriage (including envelopes with postmarks),
· receipts for items purchased together (ie: furniture),
· cards written to both for a holiday, birthday, anniversary.
Other documents accompanying the Form I-751 include:
· A copy of the conditional residence card,
· Two passport style photos for the applicant,
· A certified copy of any arrest record and disposition of the case (for individuals who have been arrested or detained),
· A money order payable to the U.S. Department of Homeland Security in the amount of $545 for filing fees.
Kraft & Associates will answer your questions on conditional resident status and permanent residence. Call us at 214-999-9999.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/S_UHbgvBBao/)
more...
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Blog Feeds
05-05 06:50 AM
The Department of State (DOS) has issued a regulation that broadens the authority of consular officers to revoke a visa at any time subsequent to issuance of the visa, including when the individual is already in the U.S. Additionally, the regulation allows consular officers and designated officials within DOS to revoke a visa provisionally while considering a final visa revocation.
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
This rule is effective April 27, 2011. DOS did not issue the regulation through notice and comment rulemaking on the basis that it involves a foreign affairs function of the United States and, therefore, is exempt from those procedures.
Pursuant to section 221(i) of the Immigration and Nationality Act (INA), DOS may determine that a visa should be revoked when information reveals that the applicant was originally, or has since become, ineligible or may be ineligible to possess a U.S. visa. In testimony before Congress in 2004, DOS stated that it had revoked 1,250 visas since September 11, 2001, based on information suggesting possible terrorist activities or links. Congress and the Government Accountability Office (GAO) have put pressure on DOS and the Department of Homeland Security (DHS) to improve their policies regarding visa revocations.
If DOS revokes an individual�s visa, the information will be uploaded into the Consular Lookout and Support System (CLASS) database and the foreign national may not use the visa for travel to the U.S. Though DOS will seek to notify the traveler, the revocation is effective irrespective of whether the foreign traveler knows about the revocation.
Separately, the INA allows the government to remove (i.e. deport) an individual whose nonimmigrant visa has been revoked under section 221(i). There is no judicial review of the decision to revoke the visa, but there is judicial review in the context of a removal proceeding if the visa revocation is the sole basis for removal.
Expect more denials at the port of entry to the US by individuals not aware that their visa has been revoked. I understand the need for more security but this may not be the way to go.
More... (http://www.visalawyerblog.com/2011/05/visa_denials_regulation_expand.html)
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Lasantha
11-06 01:48 PM
Hello,
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
Can someone tell me about the final interview for the EB based GC process.
1) Does everyone get called for an interview or is it done on selected cases based on individual factors?
2) When is it generally done? Prior to approval of your 485 or prior to the issue of your visa(GC).
3) Why is it done and what kind of questions can one expect during the interview?
Thanks
Lasantha
more...
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uma001
04-15 09:15 AM
Thank you uma001 for your response. My H1-B is valid until Nov 2010. As per your advice, I need get things started. Its so frustrating - job, employer, gc, being away from kids.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
Since your spouse is working, You can look for consulting position in east coast ,get the project and file for H1 ,file for green card simultaneosuly assuming your 5th year completes by November 2010 (not 6th year, you mentioned H1 valid until November 2010). You still have 6 full months time.
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gsc999
04-05 04:05 PM
I have sent an e-mail requesting the call number
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maximus777
08-13 03:39 PM
What would happen to those in EB3 but havent filed their 485 yet, or prospective EB3 applicants who havent filed for labor yet? Not all jobs or applicants qualify in EB1/EB2 category - to hell with them?? :confused:
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mrudul_hr
06-21 12:08 PM
Hi,
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
Hi Raja, you hve it wrong. You dont have two visas its considered as only one. You have transfered your existing VISA to another employer. An H1 transfer is just change of employer for that given visa.
So if you are working with two companies at the same times its considered illegal. But you can work partime with your existing company A, ask the company B to approach your company and work on C2C. But dont forget to update USCIS on your parttime work.
I have a question. I have H1B valid till 2012 under company A and I am working for company A now. Company B is offering me part time employment and they transferred existing H1B transfer. Now I have two H1Bs after transfer, literally. Am I correct? Now I am eligible to work for both the companies. Am I correct?
Hi Raja, you hve it wrong. You dont have two visas its considered as only one. You have transfered your existing VISA to another employer. An H1 transfer is just change of employer for that given visa.
So if you are working with two companies at the same times its considered illegal. But you can work partime with your existing company A, ask the company B to approach your company and work on C2C. But dont forget to update USCIS on your parttime work.
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alterego
12-15 10:08 PM
Looks like for EB2 2005 cases they are giving 2 yr EADs. Has anyone with 2003 or 2004 cases recieved a 2 yr EAD?
logiclife
02-18 02:49 PM
It will never happen here. Even if it does happen, it will still have an annual quota, which would lead to priority dates.
jumanji4u
03-23 09:30 AM
Hi immigration Gurus,
I am in kind of situation where I need the guidance from the experts and knowledgeable . I was working for a company A(IT Product development company) who filed my GC around FEB 2007 in EB2, Aug 2007 filed my I140 and I485 concurrently, In Oct 2008, I left the A Company and moved to Company B on H1B,the company B immigration lawyers did not file AC21, as there reason was we don't want to get unnecessary attention on the GC process and told if any any RFE we will look at it, right now I got a good offer with Company C and have to move for a better medical insurance. Looking at the GC Labour petition, it is given as a product manager with the Company A and the OES code is pointing to some manufacturing production manager as there is no such as product manager in the computer OES code. Right now the company C I am moving is a Technical Lead position, so how to go about or is there any advice for this, if I am moving on the EAD and how to file the AC21 so that I don't get any RFE.
Your guidance is greatly apprecaite.
Thanks,
Jumanji
I am in kind of situation where I need the guidance from the experts and knowledgeable . I was working for a company A(IT Product development company) who filed my GC around FEB 2007 in EB2, Aug 2007 filed my I140 and I485 concurrently, In Oct 2008, I left the A Company and moved to Company B on H1B,the company B immigration lawyers did not file AC21, as there reason was we don't want to get unnecessary attention on the GC process and told if any any RFE we will look at it, right now I got a good offer with Company C and have to move for a better medical insurance. Looking at the GC Labour petition, it is given as a product manager with the Company A and the OES code is pointing to some manufacturing production manager as there is no such as product manager in the computer OES code. Right now the company C I am moving is a Technical Lead position, so how to go about or is there any advice for this, if I am moving on the EAD and how to file the AC21 so that I don't get any RFE.
Your guidance is greatly apprecaite.
Thanks,
Jumanji
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