paskal
08-22 11:32 PM
Hi Sunil,
We are happy to provide you all the info and include you in planning the trip.
Please click on the link in my signature below for the iv-mn-mw chapter
Please do provide all the requested info and I will be delighted to add you to our google group. We may be having a conference call soon to discuss the trip so do join up asap!
We are happy to provide you all the info and include you in planning the trip.
Please click on the link in my signature below for the iv-mn-mw chapter
Please do provide all the requested info and I will be delighted to add you to our google group. We may be having a conference call soon to discuss the trip so do join up asap!
kshitijnt
02-07 05:02 PM
Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.
In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.
So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
However, Mumbai consulate issued her 221(g) for some inexplicable reason.
LostInGCProcess
11-12 01:28 PM
Why do we need a transit visa if we are just passing by the airport( I know UK has this rule). Can someone please share if we really need the transit visa. I am travelling on next week to Chennai via Frankfurt.
If you have a valid (unexpired) US visa and traveling, to OR from US, to any country via Germany, then you DON'T need a transit Visa.
If you are traveling on AP, you need transit visa via Germany.
Quote from the German Mission web site:
Nationals of the following countries are required to be in possession of an airport transit visa when passing through the international transit area of airports in Germany:
AFGHANISTAN, BANGLADESH, DEMOCRATIC REPUBLIC OF THE CONGO, ERITREA, ETHIOPIA, GHANA, INDIA, IRAN, IRAQ, JORDAN ** (please see below), LEBANON, MYANMAR, NIGERIA, PAKISTAN, SOMALIA, SRI LANKA, SUDAN, SYRIA, TURKEY
Exceptions: Nationals from the above list are entitled to transit through the international transit zones without an airport transit visa:
1. If they hold a valid visa for the United States of America
2. If they return from the USA after having used the visa
3. If they hold one of the following residence permits:
* Form I-551 permanent resident card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (no expiry date),
* Form I-327 Re-entry document (valid for two years — issued to holders of a I-551),
* Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees the holder’s return only if his stay outside the USA has not exceeded one year),
* Permit to re-enter (valid for two years. This document guarantees the holder’s return only if his stay outside the USA has not exceeded two years),
* Valid temporary residence stamp in a valid passport (valid for one year from the date of issue).
If you have a valid (unexpired) US visa and traveling, to OR from US, to any country via Germany, then you DON'T need a transit Visa.
If you are traveling on AP, you need transit visa via Germany.
Quote from the German Mission web site:
Nationals of the following countries are required to be in possession of an airport transit visa when passing through the international transit area of airports in Germany:
AFGHANISTAN, BANGLADESH, DEMOCRATIC REPUBLIC OF THE CONGO, ERITREA, ETHIOPIA, GHANA, INDIA, IRAN, IRAQ, JORDAN ** (please see below), LEBANON, MYANMAR, NIGERIA, PAKISTAN, SOMALIA, SRI LANKA, SUDAN, SYRIA, TURKEY
Exceptions: Nationals from the above list are entitled to transit through the international transit zones without an airport transit visa:
1. If they hold a valid visa for the United States of America
2. If they return from the USA after having used the visa
3. If they hold one of the following residence permits:
* Form I-551 permanent resident card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (valid for 2 to 10 years),
* Form I-551 Alien registration receipt card (no expiry date),
* Form I-327 Re-entry document (valid for two years — issued to holders of a I-551),
* Resident alien card (valid for 2 or 10 years or no expiry date. This document guarantees the holder’s return only if his stay outside the USA has not exceeded one year),
* Permit to re-enter (valid for two years. This document guarantees the holder’s return only if his stay outside the USA has not exceeded two years),
* Valid temporary residence stamp in a valid passport (valid for one year from the date of issue).
agc2005
10-26 11:02 AM
July 2nd filer, checks cashed on 10/16, still online status not available.
more...
GC9180
06-03 08:05 AM
06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
source:http://immigration-law.com/
Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??
How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc
Libra
09-14 11:52 AM
DO YOU WANT TO WIN OR DO YOU WANT TO LET LOU DOBB WIN, YOU DECIDE.
more...
kshitijnt
06-21 12:24 PM
I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
Immediately contact your lawyer and get it rectified through USCIS
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
Immediately contact your lawyer and get it rectified through USCIS
voldemar
12-26 12:52 PM
When I am working on H1-B, why should I keep my EAD current?You don't need to keep EAD current if you have H1. It's just easier to get new job with EAD if you want to change job or got laid off.
more...
raysaikat
07-11 01:06 PM
Thanks for the response raysaikat... the above information is definitely very helpful for me.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
As i understand from your response i will not be subject to cap again if i plan to move from company B (cap-exempt) to company C(non-cap-exempt) as i was already counted once under cap.
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes.
However i also want to know when i plan to move from B to C in future, Although C will file a new H1-B petition, can this petition be filed any time during the year?
If you do that within 6 years from the first time you went into H1-B status (i.e., from the time your H1-B clock started ticking), then yes -- the employer can file the petition anytime of the year.
And if approved can i start to work immediately without a gap?
Please advise.
Thanks Yes. Actually you would be able to start working as soon as the employer got acknowledgement of receipt from USCIS --- you would not have to wait for the actual approval as you were already on H1-B.
STAmisha
08-03 10:19 AM
Spoke with a lawyer. He told me that PD need not be current to interfile though it is commonly held belief
more...
Dhundhun
04-09 02:49 AM
You must be filing under (c)(9). That is AOS pending.
I feel that your current status is "Entered into USA using H1B Visa". I needed to e-file for my wife and mentioned "SPOUSE/CHILD OF H-1 THRU H-3" for that.
Since no one has answered your question, I am just providing information, what I have done. It may not be accurate. I hope no one puts "RED" marks for this. RED marks have become pretty common for providing any suggestion.
I feel that your current status is "Entered into USA using H1B Visa". I needed to e-file for my wife and mentioned "SPOUSE/CHILD OF H-1 THRU H-3" for that.
Since no one has answered your question, I am just providing information, what I have done. It may not be accurate. I hope no one puts "RED" marks for this. RED marks have become pretty common for providing any suggestion.
masti_Gai
01-05 12:50 PM
He needs to find a consultant who can sponsor a H1B for him. But H1B for this fiscal year is over he might have to wait for the fiscal year of 2008
more...
partha_vus
09-28 09:00 AM
1. You can negotiate with him and pay and leave.
2. when you are on benach if he is not paid you the salary you can also sue him/threat him.
Again if you have a good relations ship then you can negotiate with your employer. Always leave with good terms.:)
2. when you are on benach if he is not paid you the salary you can also sue him/threat him.
Again if you have a good relations ship then you can negotiate with your employer. Always leave with good terms.:)
eb3_nepa
02-12 11:34 AM
I am in Philadelphia so i would assume Vermont center. Is that a fair assumption, coz i have a previous I-140 and to the best of my knowledge it had gone to the Vermont center back then.
However back in the day there was no premium processing for I-140 so things may have changed :(
Has anyone in the North east USA recently received any approvals from the Vermont center?
However back in the day there was no premium processing for I-140 so things may have changed :(
Has anyone in the North east USA recently received any approvals from the Vermont center?
more...
chantu
03-11 10:36 PM
I got my I140 approved today after the RFE I received last week. I checked online status today and it is now appearing that Approval Notice Sent. My employer sent the documents last week quickly. Now it is approved.
dixie
09-27 12:45 PM
http://www.amazon.com/Flight-Capital-Alarming-Americas-Brightest/dp/0891062025
This is an excellent book .. a must read for all those xenophobes, restrictionists and lawmakers who believe we steal american jobs.
Wonder if contacting the author David Heenan will be of any help ?
This is an excellent book .. a must read for all those xenophobes, restrictionists and lawmakers who believe we steal american jobs.
Wonder if contacting the author David Heenan will be of any help ?
more...
langagadu
02-27 02:39 PM
I like your handle though, haider420
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..
kondur_007
02-17 04:20 PM
If you have a viable option: go for it.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
Here is the math:
PERM: 1 year
I 140: 3 weeks with PP and 2-3 months without
I 485: 2 months
So you can potentially get your GC in lest than 15 months.
EB3 is not very predictable as many of the old cases are either through CP or at local offices (not accounted for in USCIS statistics). It may become current in above time frame; but if you do have a good option of going for EB2, it will be certain. So if I were to be you, I would seriously consider it.
Good Luck.
pointlesswait
12-29 11:34 AM
When you apply for H1 transfer..they transfer the current H1.
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
Gaz
I am in a similar situation. What did your friend end up doing? I would appreciate any feedback on this.
My 140 is approved, 6th year expires in March 09, 485 has not been filed due to retrogression and there is a potential for a layoff. Can I transfer 140 to a new employer and file 3 yr extension at the same time?
needhelp!
01-11 12:42 PM
Keep up that spirit and make it your fight!
Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.
Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.
cheg
08-14 06:26 PM
Correct! One can only file EAD or AP when applying for I-485 when dates are current or after getting I-485 notice.
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
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