la6470
08-30 02:40 PM
Hi:
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
I have H1b renewed on the basis of pending AOS application (EB3 june04) till 2012 and also ead/ap based on my spouse's AOS application. I am going to India on a vacation soon for a month or two. Recently I have heard many horror stories that even stamped H1B is getting rejected in POE. My question is that if something like that happen to me at the POE can I invoke my unused EAD/AP and request entry based on that? The reason I don't want to simply go back is because I have a house here in USA and a mortgage that I continue to be paying to keep the house.
Thanks
la6470
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GCKarma
07-08 12:32 PM
Gurus,
First of all sorry to open a new thread. My PD is March 06 EB2. My i-485 reached uscis on July 2.
Is it advisable to change jobs? I'm planning to join bearing point consulting comp where they would start GC only after one year. As you guys know consulting job is quite unsecured. Only advantage with the new company is career growth.
Or should I wait for the outcome of lawsuit
please advise
First of all sorry to open a new thread. My PD is March 06 EB2. My i-485 reached uscis on July 2.
Is it advisable to change jobs? I'm planning to join bearing point consulting comp where they would start GC only after one year. As you guys know consulting job is quite unsecured. Only advantage with the new company is career growth.
Or should I wait for the outcome of lawsuit
please advise
desi3933
03-18 09:06 AM
What are the rules for getting a new 3 X 2 year H1.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
Person leaves US while on the 5th year in November 07.
applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?
You can get -
1. a year extension to recapture the time spent abroad
2. New/Extend H-1B for 3 year, but will be subject to cap
3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
4. can get new/extension H-1B for 1 year without cap, if I-140 is pending
___________________
Not a legal advice.
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Rastogi
06-22 08:01 PM
Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?
more...
pressman
January 5th, 2005, 05:22 AM
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terpac
02-03 07:30 PM
This is EB2 and I had more that 6.5 yrs of experience at the time of labor filing.
The case is in NSC.
PD: Jan 07
I140 & 485 concurrent filing in July 07
Thanks!
The case is in NSC.
PD: Jan 07
I140 & 485 concurrent filing in July 07
Thanks!
more...
QuintonBermuda
05-06 02:05 PM
Hello,
I am currently working on an H1 visa. I would like to go to school to pursue a Master's degree. Is it possible for me to qualify for in-state-tuition. I live in Georgia. Thanks in advance!!
I am currently working on an H1 visa. I would like to go to school to pursue a Master's degree. Is it possible for me to qualify for in-state-tuition. I live in Georgia. Thanks in advance!!
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Aah_GC
06-24 06:16 PM
Yes you can but at some point it is safer for you to have worked for at least some time with Company A. Please confirm with others.
Between, you just invoke AC21 automatically under the guidelines - there is nothing to "file" per se, unless you want to send out your new offer letter to USCIS along with other supporting documents.
Between, you just invoke AC21 automatically under the guidelines - there is nothing to "file" per se, unless you want to send out your new offer letter to USCIS along with other supporting documents.
more...
ctu
03-29 07:21 PM
i have my stubs till feb 09
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aksvk
09-23 07:45 PM
Thank you so much for the information!
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AllIzzWell
03-08 12:05 PM
graviyera,
Thank you so much for your quick reply. Your feedback helps.
Due to family reasons, my wife (H4) has to visit India, do you think even for H4 they will issue Admin processing. I work for a bank and have all the legal documents.
Any advise.
Thank you so much for your quick reply. Your feedback helps.
Due to family reasons, my wife (H4) has to visit India, do you think even for H4 they will issue Admin processing. I work for a bank and have all the legal documents.
Any advise.
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muraliy
09-15 12:03 PM
I am an Indian citizen. I have an approved I-140 under National Interest Waiver with a PD of Aug 31, 2007. I am now a permanently employed scientist at a National Lab. I think I am now eligible for application under EB-1 Outstanding researcher category. Is it possible to apply for I-485 without another I-140? It will take quite some time to secure all the recommendation letters to apply for EB-1 (OR). I am wondering if I can bypass the whole process of I-140 and directly apply for adjustment of status based on my approved I-140 saving time and effort.
Thanks in advance for any answer.
Thanks in advance for any answer.
more...
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sammyb
12-10 03:32 PM
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
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brick2006
02-08 10:33 PM
am in my 8th year H1 due to expire in april...with an approved 140.(not a june 07 filer..no EAD)
My company is merging and i may get the axe..i have tried all tricks...but my exit is imminent..;(..well that's life.
I was about to file for my H1 extension... and now i may not be able to do that.
My spouse is on H1(Dec 2010) and we are expecting in april..and she thus cant travel.
I don't want to change to H4...(if i return i may switch to CP..hence i dont want to change to H4 and lose the GC process)
so can anyone please tell me,
a.) after my H1 expires in april, can i stay for a month or so and then leave the country?..will i be in any trouble at the port of exit.. i need time to pack and ship..hence the delay...
...Should i seek a legal advice???
... i just want to know.. if i can approach the USCIS and explain and get some kind of extension..
..do you know anyone who has been in a similar situation..
what are my options.. any advice will be appreciated...
thanks..
My company is merging and i may get the axe..i have tried all tricks...but my exit is imminent..;(..well that's life.
I was about to file for my H1 extension... and now i may not be able to do that.
My spouse is on H1(Dec 2010) and we are expecting in april..and she thus cant travel.
I don't want to change to H4...(if i return i may switch to CP..hence i dont want to change to H4 and lose the GC process)
so can anyone please tell me,
a.) after my H1 expires in april, can i stay for a month or so and then leave the country?..will i be in any trouble at the port of exit.. i need time to pack and ship..hence the delay...
...Should i seek a legal advice???
... i just want to know.. if i can approach the USCIS and explain and get some kind of extension..
..do you know anyone who has been in a similar situation..
what are my options.. any advice will be appreciated...
thanks..
more...
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neeidd
07-09 11:38 AM
One cannot work on H4.
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
Thanks for your response, Nil
i was told by my lawyer - if spouse stops working, s/he can go back to H4, but you need to confirm with a lawyer, given your specific case.
Thanks for your response, Nil
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pappu
06-09 10:37 AM
I am sure IV has thought about this...
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
The aim of advocacy day was to meet lawmakers. It was not really for media publicity. It was not a rally. Infact we canceled the press event that we originally planned to focus on lawmaker meetings. There are already hundreds of articles in the media on Greencard backlogs published in the last 4 years. Articles will anyways be published when there is activity in DC on this issue. Reporters contact us every now and then for stories. The most important work we need to do is meet our lawmakers in person and get relief on Immigration. We believe we have been very successful in the task of meeting lawmakers and administration officials during the advocacy days. This will help us in the Immigration reform next year. We now need to continually work on reinforcing and advocating our changes until the bill comes on the floor. You will see lots of media articles on this issue when there is any discussion on relief in the months to come.
But just curious if there are any mainstream News channels or Media that is covering or publishing anything about the IV Advocacy event and IV's agenda?
thx
The aim of advocacy day was to meet lawmakers. It was not really for media publicity. It was not a rally. Infact we canceled the press event that we originally planned to focus on lawmaker meetings. There are already hundreds of articles in the media on Greencard backlogs published in the last 4 years. Articles will anyways be published when there is activity in DC on this issue. Reporters contact us every now and then for stories. The most important work we need to do is meet our lawmakers in person and get relief on Immigration. We believe we have been very successful in the task of meeting lawmakers and administration officials during the advocacy days. This will help us in the Immigration reform next year. We now need to continually work on reinforcing and advocating our changes until the bill comes on the floor. You will see lots of media articles on this issue when there is any discussion on relief in the months to come.
more...
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snathan
01-24 11:22 AM
Hi,
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.
This is my case:
1. Came to States on H1B in Jan 2005 thru company A. Worked with company A till July 2005
2. Successfully transferred H1B to company B. Started working with them from July 2005. New I 797 was valid till July 2008. Filed for H1b Ext with company B in Feb 2008.
3. Came to visit India in May 2008 and also to stamp the H1b which was valid till July 2008 thru company B. Got RFE in Indian consulate in Bombay on June 2008 so couldnt travelled back to States.
4. RFE got cleared in Aug 2008 and by that time my H1B expired. Company B received an RFE on H1B extension. They said they cant reply for some reasons and they withdrew the application.
5. In Dec 2008, I filed for H1b extension from company C. Got an RFE to prove the legal status on H1B ext.
Please suggest, what are the chances of getting an approval. I know its little trickier but a straight forward case.
Regards
You might need to provide the pay stubs and copies of I-94. check with lawyer for anything else.
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Blog Feeds
06-29 03:40 PM
Canadian Immigration Minister Kenney said that Canadian citizenship is more than a legal status, more than a passport. We expect citizens to have an ongoing commitment, connection and loyalty to Canada while introducing a new changes in Canadian Immigrant norms. The main motive behind these changes to prevent citizenship fraud. As promised in the Speech from the Throne, these amendments will streamline the process to take citizenship away from those who have acquired it by fraud, including by concealment of their war crimes. And it would take decision-making away from politicians and give it to the courts.
The proposals in the Strengthening the Value of Canadian Citizenship Act are as follows:
- There are likely to be tough new regulations covering citizenship consultants and tougher measures taken against those who gain Canadian Citizenship fraudulently. This follows on from proposed amendments to the Immigration and Refugee Protection Act relating to immigration consultants � The Cracking Down on Crooked Consultants Act.
- The penalties for citizenship fraud are likely to be increased to a maximum of $100,000 or up to five years in prison or both.
- The intention is to increase the residence requirements so that to gain Canadian citizenship you will have to be physically present in Canada for three of the previous four years.
- In future criminals including violent foreign criminals will be prevented from becoming Canadian citizens.
- The process for revoking citizenship and the removal process will be speeded up. In future decisions on revocations will be made by the Federal Court instead of the Governor in Council.
- Making sure that Canadian law fully implements the first generation limit to passing on citizenship. Generally, Canadians living abroad will only be able to pass on citizenship to one generation. If living abroad the second generation will not normally be able to pass on citizenship to their children. The exception to this will be children of parents who are working for the Canadian Government or a Canadian Province or in the Canadian armed forces.
More... (http://www.visalawyerblog.com/2010/06/recent_changes_to_canadian_cit.html)
The proposals in the Strengthening the Value of Canadian Citizenship Act are as follows:
- There are likely to be tough new regulations covering citizenship consultants and tougher measures taken against those who gain Canadian Citizenship fraudulently. This follows on from proposed amendments to the Immigration and Refugee Protection Act relating to immigration consultants � The Cracking Down on Crooked Consultants Act.
- The penalties for citizenship fraud are likely to be increased to a maximum of $100,000 or up to five years in prison or both.
- The intention is to increase the residence requirements so that to gain Canadian citizenship you will have to be physically present in Canada for three of the previous four years.
- In future criminals including violent foreign criminals will be prevented from becoming Canadian citizens.
- The process for revoking citizenship and the removal process will be speeded up. In future decisions on revocations will be made by the Federal Court instead of the Governor in Council.
- Making sure that Canadian law fully implements the first generation limit to passing on citizenship. Generally, Canadians living abroad will only be able to pass on citizenship to one generation. If living abroad the second generation will not normally be able to pass on citizenship to their children. The exception to this will be children of parents who are working for the Canadian Government or a Canadian Province or in the Canadian armed forces.
More... (http://www.visalawyerblog.com/2010/06/recent_changes_to_canadian_cit.html)
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gcsucks
05-02 08:18 AM
nozerd, Thanks for your reply.
Regarding this point
>> 2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Actually my company's headquarters is in US but it has a branch in Canada. But, the company does not know about my PR Card. If they know they can force me to come to Canada !
So, when the time comes can I get a letter from them saying that I was working in US for their company as a permanent employee ?
Do you know of someone who has done something like this ?
Regarding this point
>> 2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).
Actually my company's headquarters is in US but it has a branch in Canada. But, the company does not know about my PR Card. If they know they can force me to come to Canada !
So, when the time comes can I get a letter from them saying that I was working in US for their company as a permanent employee ?
Do you know of someone who has done something like this ?
GCVictim
10-13 11:06 AM
I am sponsoring to My In-laws next month for visiting next month. I am preparing documents for them. My questions is... What are documents required from my wife side? she is not working.
What should I send from her?
What should I send from her?
chanduv23
09-17 01:58 PM
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