thomachan72
03-18 08:58 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)?
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)?
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deecha
06-28 03:16 PM
Hi:
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
It is going to be difficult. She has to come in on some kind of dual-intent visa. She could come in on a student visa but would be difficult to prove that she does not intend to immigrate in the interview if they find out about your I-485. Alternatively, you would have to get a H1 and she would have to come in on a H4.
This is not legal advice, please consult a lawyer for your specific case.
I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?
If yes, then how does it work? I mean is it possible at all?
It is going to be difficult. She has to come in on some kind of dual-intent visa. She could come in on a student visa but would be difficult to prove that she does not intend to immigrate in the interview if they find out about your I-485. Alternatively, you would have to get a H1 and she would have to come in on a H4.
This is not legal advice, please consult a lawyer for your specific case.
mk26
06-10 08:28 AM
Are you the mouth piece for your friend...?
I liked the answer, these days there are lot of message meant for freinds only, no offence in helping friends though.
I liked the answer, these days there are lot of message meant for freinds only, no offence in helping friends though.
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techskill
07-10 10:18 AM
I filed my AP on April 29th,2008. I had one LUD on July 8th , the status was case pending and another one today,today status changed to
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Any idea what does this mean? Is it approved or something else.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On July 10, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Any idea what does this mean? Is it approved or something else.
more...
mailmy_gc
10-29 06:24 PM
LOL! Does he mean I-485?
Looks like he is talking about I-140, See another post from jville ..
http://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/1672951-i140-refile-in-eb3.html
Looks like he is talking about I-140, See another post from jville ..
http://immigrationvoice.org/forum/forum82-ability-to-pay-issues-and-other-140-rfes-etc/1672951-i140-refile-in-eb3.html
contact.vr
12-01 12:01 AM
I'm trying to do H1 transfer but my case has some complications and henc am worried if I should go forward or stick with my current company though they are sucking my blood outright.
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
1. My company does not give me paystubs(which I know is illegal, but they are ruthless that they might withdraw their application if I fight them). Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?
2. I had done only undergrad (3 yrs) when they applied for my H1. I had my MBA going but havent graduated when H1 applied and they actually applied by putting my part time experince as full time experience and got my H1. They totaly masked my masters.Is it advisable to continue with my 3 yrs degree and partly fake experience or put my masters in the transfer appln. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?
more...
peekay
12-17 01:47 PM
My current status is H1B with I-140 approved. I am planning for a fulltime MBA for which I have to transfer my visa to student visa. I heard from some sources that I cannot transfer to student visa when my 140 is approved. Does anyone here knows how far this is true?
Sandy
Sandy
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h1bee
09-17 08:58 AM
My H1B was cancelled at the US consulate under 221g and I 797 not returned to me. I work for a consulting company at a major client. I guess the cancellation occurred because of Neufield memo, as in my case the client supervises my work. The reason given in the white letter to me says:
"your petitioner does not appear to be either willing or able to provide qualifying employment in the United States in accordance with appropriate laws and regulations"........"action on your case has been suspended and the I129 application will be returned to USCIS with the facts of your case presented at the time of interview".
What are my options now? I work through a vendor (i.e mycompany->vendor->client). My vendor has agreed to file for H1B on my behalf. Can they file for a new H1 or does this cancellation mean that I cannot apply anymore?
thanks
"your petitioner does not appear to be either willing or able to provide qualifying employment in the United States in accordance with appropriate laws and regulations"........"action on your case has been suspended and the I129 application will be returned to USCIS with the facts of your case presented at the time of interview".
What are my options now? I work through a vendor (i.e mycompany->vendor->client). My vendor has agreed to file for H1B on my behalf. Can they file for a new H1 or does this cancellation mean that I cannot apply anymore?
thanks
more...
Maverick1
11-09 12:29 PM
Can't he use EB-3 LC for filing his EB-2 case as well?
NO. Different classification.
NO. Different classification.
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mgkadiri
06-02 08:47 AM
Please share your experience, if any one come across this situation
I think you can us AP. I did not go for stamping but based on my I-485 filing I know that my case is pending on name check and I came to US using AP so I think you can also come back using AP.
I think you can us AP. I did not go for stamping but based on my I-485 filing I know that my case is pending on name check and I came to US using AP so I think you can also come back using AP.
more...
fromnaija
01-25 03:36 PM
I think your lawyer needs to specify your major field of study as civil engineering but in the PERM advert needs to specify civil engineering as equivalent degree accepted for the position.
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Blog Feeds
01-28 08:30 AM
WASHINGTON�"U.S. Citizenship and Immigration Services (USCIS) announced
today that it has received a sufficient number of H-1B petitions to
reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
the public that yesterday, Jan. 26, 2011, is the final receipt date
for new H-1B specialty occupation petitions requesting an employment
start date in FY2011.
The final receipt date is the date on which USCIS determines that it
has received enough cap-subject petitions to reach the limit of
65,000.� Properly filed cases will be considered received on the date
that USCIS physically receives the petition; not the date that the
petition was postmarked.� USCIS will reject cap-subject petitions for
new H-1B specialty occupation workers seeking an employment start date
in FY2011 that arrive after Jan. 26, 2011.
USCIS will apply a computer-generated random selection process to all
petitions that are subject to the cap and were received on Jan. 26,
2011. USCIS will use this process to select petitions needed to meet
the cap.� USCIS will reject all remaining cap-subject petitions not
randomly selected and will return the accompanying fee.
On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
petitions filed on behalf of persons exempt from the cap under the
‘advanced degree’ exemption. USCIS will continue to accept and process
petitions that are otherwise exempt from the cap.� Pursuant to the
Immigration and Nationality Act, petitions filed on behalf of current
H-1B workers who have been counted previously against the cap will not
be counted towards the congressionally-mandated FY2011 H-1B cap.
Accordingly, USCIS will continue to accept and process petitions filed
to:
extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in
specialty occupations that require theoretical or technical expertise
in specialized fields such as scientists, engineers, or computer
programmers.
For more information on USCIS and its programs, visit�www.uscis.gov.
More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)
today that it has received a sufficient number of H-1B petitions to
reach the statutory cap for fiscal year (FY) 2011.� USCIS is notifying
the public that yesterday, Jan. 26, 2011, is the final receipt date
for new H-1B specialty occupation petitions requesting an employment
start date in FY2011.
The final receipt date is the date on which USCIS determines that it
has received enough cap-subject petitions to reach the limit of
65,000.� Properly filed cases will be considered received on the date
that USCIS physically receives the petition; not the date that the
petition was postmarked.� USCIS will reject cap-subject petitions for
new H-1B specialty occupation workers seeking an employment start date
in FY2011 that arrive after Jan. 26, 2011.
USCIS will apply a computer-generated random selection process to all
petitions that are subject to the cap and were received on Jan. 26,
2011. USCIS will use this process to select petitions needed to meet
the cap.� USCIS will reject all remaining cap-subject petitions not
randomly selected and will return the accompanying fee.
On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B
petitions filed on behalf of persons exempt from the cap under the
‘advanced degree’ exemption. USCIS will continue to accept and process
petitions that are otherwise exempt from the cap.� Pursuant to the
Immigration and Nationality Act, petitions filed on behalf of current
H-1B workers who have been counted previously against the cap will not
be counted towards the congressionally-mandated FY2011 H-1B cap.
Accordingly, USCIS will continue to accept and process petitions filed
to:
extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in
specialty occupations that require theoretical or technical expertise
in specialized fields such as scientists, engineers, or computer
programmers.
For more information on USCIS and its programs, visit�www.uscis.gov.
More... (http://ashwinsharma.com/2011/01/27/uscis-reaches-fy-2011-h1b-cap.aspx?ref=rss)
more...
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pappu
05-25 08:35 AM
We have temporarily suspended donor forum at this time as we do not have the man-hours and bandwidth to validate each donor to be added to the donor forum. At this time we are focusing on Advocacy events in DC and all of our energy is being utilized to reach out to lawmakers. All important updates are being posted on the public forums.
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baburob2
02-27 01:24 PM
i think even an economic analyst can predict the stock market patterns but wouldn't be able to answer your question :)
more...
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rajuseattle
06-04 12:46 PM
shruthi07,
Which state you are working in? If USCIS thinks Nebraska Service centre has the jurisdication for your I-485 based on Job location then their is nothing to worry.
Maybe your PD is current and USCIS wants to complete processing of your I-485.
I am in the same situation, my I-140 was approved from TSC about 3 months back in March 2008, and I-485 pending at NSC since august 2007. I work out of WA state.
Which state you are working in? If USCIS thinks Nebraska Service centre has the jurisdication for your I-485 based on Job location then their is nothing to worry.
Maybe your PD is current and USCIS wants to complete processing of your I-485.
I am in the same situation, my I-140 was approved from TSC about 3 months back in March 2008, and I-485 pending at NSC since august 2007. I work out of WA state.
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ivjobs
11-11 10:14 AM
Such hard times are good times for becoming entrepreneurs who in turn provide more jobs for those who lost their livelihood
http://finance.groups.yahoo.com/group/ivstartup/
http://finance.groups.yahoo.com/group/ivstartup/
more...
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agupta2683
07-08 03:16 PM
In delhi consulate when I click on Indian resident I see the available dates but when I click on Indian citizen residing in US, I see no availability. I'm not sure which option should I choose. I'm a student working on OPT in US. My OPT will expire on Aug 4th and so I will come to India. I'm not sure which of the two options I have to choose while scheduling an interview :
Resident of India/Bhutan
OR
Indian Citizen residing in United States.
I would really appreciate any help in this matter.
Thanks,
Ashish
Resident of India/Bhutan
OR
Indian Citizen residing in United States.
I would really appreciate any help in this matter.
Thanks,
Ashish
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new_horizon
04-06 02:08 PM
I think it should be fine as long as the visa page is not tampered or damaged, and the electronic information can be read. Also since she has a new pp, it should not be a problem. She should carry both the old and new pp with her.
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cyclone_p
06-25 01:38 PM
Folks :
My paper EAD application has been rejected twice by USCIS. Here is the thread that discusses that :
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1598364-ead-renewal-rejected-twice-need-advice.html
I have eFiled this time. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
My paper EAD application has been rejected twice by USCIS. Here is the thread that discusses that :
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/1598364-ead-renewal-rejected-twice-need-advice.html
I have eFiled this time. So we'll wait and see.
I am now planning to request expedited processing of my application. For an expedited processing to be approved, it needs to satisfy atleast one of the following criteria according to USCIS...
1) Severe financial loss to company or individual
2) Extreme emergent situation
3) Humanitarian situation
4) Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
5) Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
6) USCIS error
7) Compelling interest of USCIS
I feel I am fall under the point 1) and point 6). The IO that I talked to over the phone told me to write to USCIS with appropriate documentation.
At this time, I would like to learn from you guys if anyone of you have applied for expedited processing, what criteria did you apply under and what was your experience with it.
Further, I would appreciate if you guys comment on the reason that I plan to apply under...Do guys think it will work?
Thanks!
rkdownload
09-10 11:18 PM
One of my friend left US for India in March 2006 with pending H1b extension. Applied for Visa stamping for existing petition which was due to expire in July 2008. Could not get his visa stamped due to 221g. Now his H1b extension is pending as USCIS is asking too much in RFE like client certificate etc and his sponser is not willing to persue further due to complexities (His employer is one of the following companies mentioned in http://durbin.senate.gov/showRelease.cfm?releaseId=295338) and asked him to assume this relationship to be terminated. Though he recieved the email yesterday his 221g is cleared.
Infact his I140 is also approved last week. I was wondering what options he has if he wants to come back to US.
Thanks
raj
Infact his I140 is also approved last week. I was wondering what options he has if he wants to come back to US.
Thanks
raj
meridiani.planum
05-13 04:52 PM
^^bump^^
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