Lasantha
10-05 11:36 AM
Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.
Yep! Hey who knows? This might be your year too! :D
Yep! Hey who knows? This might be your year too! :D
Anders �stberg
August 8th, 2005, 11:00 PM
Great picture and tip! Would come in handy for me too as I'm not too keen on getting up early. :)
rahulpatel
08-14 04:26 PM
Guys, thanks very much for your kind advices, but I already took the sufficient steps to ensure my H1 safety.
The only thing I am concerned here, is in regards my money--it being hard earned (it is not smaller amount, but nearly 8K!), and my chances of winning my case with DOL/Courts.
I already threatened my employer with the DOL/Court claim, but the guy may be over-stupid or over-reckless, he is just not bothering about this issue. So i want to really know what my chances are, on winning it? Because even if a paper asks me to wait for vendor pay, it can never mean months and years long,.... can it????
The only thing I am concerned here, is in regards my money--it being hard earned (it is not smaller amount, but nearly 8K!), and my chances of winning my case with DOL/Courts.
I already threatened my employer with the DOL/Court claim, but the guy may be over-stupid or over-reckless, he is just not bothering about this issue. So i want to really know what my chances are, on winning it? Because even if a paper asks me to wait for vendor pay, it can never mean months and years long,.... can it????
meridiani.planum
06-17 09:24 PM
inline...
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
Hi,
This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:
1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.
no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.
2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?
If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)
Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.
Regards,
swashbuckler
more...
amsgc
04-17 08:36 PM
The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.
It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
It is always good to wait till the new application is approved, and the approval notice has been received, before you give your two weeks notice.
on what basis can i work for old company coz my H1 is already transfered right??? i'm confused... btw this is the new company's lawyers telling me.. i just wanted to see if any one has been in this situation or know of somebody in such a situation..
morchu
05-12 05:47 PM
Thanks for clarifying this.
OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.
OK, I think the easiest way to deal with this is to look at the actual filing receipt for the I-485. If the receipt was for an amount reflecting the old fee schedule, then you need to pay for a new I-765 petition. If you paid the $1010 new filing fee, you would be okay with not paying.
more...
jcrajput
06-18 04:03 PM
Will go through it. Thanks a bunch for your help.
mambarg
08-30 01:30 PM
I dont think you mean LUD on 485 correctly.
It has to be after ND.
It has to be after ND.
more...
singhsa3
08-19 11:02 AM
Just to state some examples: Several of members probably took CFA level II and III exams in June 2008 and the results were out today. These things further increase cohesion among the people as they share more ground than simply being an immigrant.
Catherine
06-23 09:40 AM
Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:
"Divorce Before Green Card Issued
Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.
However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.
If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.
But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
Applying for a Waiver
The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:
* Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
* Extreme hardship to the immigrant spouse if deported.
* Extreme cruelty and abuse from the U.S. citizen spouse.
Waivers often require an interview of the immigrant spouse to get approval."
more...
chanduv23
05-19 03:46 PM
Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
Thanks
Raj
Well, I am not sure about it. I have been told that one cannot renew EAD AP if 485 is in denied status. As you got it from the horse mouth, you may try doing it.
Approach your local congressman's office and tell them about your appeal and see if they can help
I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
Thanks
Raj
Well, I am not sure about it. I have been told that one cannot renew EAD AP if 485 is in denied status. As you got it from the horse mouth, you may try doing it.
Approach your local congressman's office and tell them about your appeal and see if they can help
raysaikat
07-10 07:06 PM
... I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
...
They can always decide to have a security clearance/check (most disciplines are listed in TAL). So always assume that you will be stuck for 2-3 months wherever you go for H1-B stamping. That means, go somewhere where you have a place to stay for free and hopefully can work on your job remotely.
...
They can always decide to have a security clearance/check (most disciplines are listed in TAL). So always assume that you will be stuck for 2-3 months wherever you go for H1-B stamping. That means, go somewhere where you have a place to stay for free and hopefully can work on your job remotely.
more...
ajju
04-16 03:33 PM
Are you kidding (about the refund)?
true.. uscis never refunds.. except for H1B lottery cases...
I got my GC approved couple of weeks ago.
Even if you withdraw your application.. its gone.. think of it as a thankyou gift to USCIS... congrats on ur GC...
Fun aside.. call them and find out if they can make any exceptions... And let the forum know if any positive news...
true.. uscis never refunds.. except for H1B lottery cases...
I got my GC approved couple of weeks ago.
Even if you withdraw your application.. its gone.. think of it as a thankyou gift to USCIS... congrats on ur GC...
Fun aside.. call them and find out if they can make any exceptions... And let the forum know if any positive news...
dilbert_cal
06-29 09:28 PM
As per H1B you cannot do this.. the second job will be illegal
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
Mr Saxena
Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.
Now on to the OP :-
YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
It would be a seperate case.
It should not have any effect on your current H1 or 140.
more...
a_yaja
09-14 01:17 PM
bc_rp,
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?
Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.
Thanks
Are you sure that you are EB2 and not EB3? EB3 is not current for ROW (which is your chargeability). If you are EB2, then I am not sure why your attorney did not file I-140 & I-485 together (but since you mentioned you used premium processing - maybe you cannot apply for I-485 till I-140 is approved - I am not sure - just guessing here).
You really do not need to worry about PD porting if your new I-140 is going to be applied under EB2 category. EB2 is current for ROW. You can take a look at the link provided by bc_rp.
Thanks for your reply.
For some reason even I just received the LC approval, the company attorney mention that the visa number is not available yet so that he can apply for I-140 and I-485 together. As I understand the visa number is the PD?
Also what you mentioned is that there is no point of apply for I-140 now to port the PD to a new filing case because the PD is always current? Is that when you meant.
Thanks
Are you sure that you are EB2 and not EB3? EB3 is not current for ROW (which is your chargeability). If you are EB2, then I am not sure why your attorney did not file I-140 & I-485 together (but since you mentioned you used premium processing - maybe you cannot apply for I-485 till I-140 is approved - I am not sure - just guessing here).
You really do not need to worry about PD porting if your new I-140 is going to be applied under EB2 category. EB2 is current for ROW. You can take a look at the link provided by bc_rp.
gcnirvana
06-15 12:43 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
more...
gg_ny
08-31 08:12 PM
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
babu
We received our confirmatory emails and web status updates in the last two days. My PD is Dec 2004 and 485 RD is Aug 05, NIW EB2 India. My name was stuck at FBI from Nov 05 until maybe mid-Aug 07.
This proves that the 60K visa numbers are not over yet. Next year's ombudsman report will say how many of these would go waste but CIS is still processing AOS applns and hopefully will do until Sept 30. I think they are considering every category is C and going by RD and/or preadjudication status after namecheck, FP clearances.
IV is a core part of my current immigrant status. Having personally met a few core members when the struggle and the group were younger and tumbling while learning to take early steps, it is heartening to see where the organization stands now and going to walk the line on 18th :-). I see this as a perfect example of grassroot level organization and activity, the spirit of which lives in this country but has gone missing or dormant in countries from which IV members have come.
I have friends who are suffering their way thru the GC process. When I think about them, I could only mutter,"thank God, there is IV".
I'm very excited to say that I got my green card approved. Thank you for all of your support.
babu
We received our confirmatory emails and web status updates in the last two days. My PD is Dec 2004 and 485 RD is Aug 05, NIW EB2 India. My name was stuck at FBI from Nov 05 until maybe mid-Aug 07.
This proves that the 60K visa numbers are not over yet. Next year's ombudsman report will say how many of these would go waste but CIS is still processing AOS applns and hopefully will do until Sept 30. I think they are considering every category is C and going by RD and/or preadjudication status after namecheck, FP clearances.
IV is a core part of my current immigrant status. Having personally met a few core members when the struggle and the group were younger and tumbling while learning to take early steps, it is heartening to see where the organization stands now and going to walk the line on 18th :-). I see this as a perfect example of grassroot level organization and activity, the spirit of which lives in this country but has gone missing or dormant in countries from which IV members have come.
I have friends who are suffering their way thru the GC process. When I think about them, I could only mutter,"thank God, there is IV".
Janisaris
12-18 07:47 PM
I also see lot of LUDs on my I485 application. We filed our application on July 19th but the receipt date is November 1st. We received all our EADs and APs within 3 weeks and got our FP done on December 5th. Since then I am seeing bunch of LUDs on my I485. Even today they accessed my file. I am EB3 India with PD May 2004. My I140 was approved in 2006 and got an LUD on November 11th.
Just letting you know that you are not alone.
Just letting you know that you are not alone.
naushit
01-13 09:22 AM
I was in exactly same situation last October. I dont believe there is any foolproof method. I tried everything
- opened SR
- inquiry to AILA.
- obmudusman office.
- Inquiry thu Senator's office.
finally I got my GC in Oct 2009 , I believe Senator's office clicked, my local Senator's office was very responsive and very quick.
Good Luck.
-N
Hello friends,
This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?
Thanks in advance
- opened SR
- inquiry to AILA.
- obmudusman office.
- Inquiry thu Senator's office.
finally I got my GC in Oct 2009 , I believe Senator's office clicked, my local Senator's office was very responsive and very quick.
Good Luck.
-N
Hello friends,
This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?
Thanks in advance
pappu
06-17 04:11 PM
/\/\/
superdude
07-31 07:18 PM
Hi All,
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
Got stamped twice in Canada. I have MS from USA. When I went for the second time my friend came along with me who did not have a degree from US. He also got the VISA.
There was couple came for H1 renewal and for H4-H1. His wife could not get H4-H1 as she was having a degree in Commerce and working for a small consulting comp. VO gave her H4. I did not know the actual details of her case though.
We are planning to goto canada for our H1 visa extension (actually i changed my job to new employer also). My H1 visa expires on Sept 31st 2007.
We are planning to go in August 2007 itself.
Lets say if our h1 extension is rejected or some issue what will be our status?
Can we come back to US and plan for our india travel or we have to leave to india from there itself?
I heard that mexico has different rules?
Thanks for your help.
Got stamped twice in Canada. I have MS from USA. When I went for the second time my friend came along with me who did not have a degree from US. He also got the VISA.
There was couple came for H1 renewal and for H4-H1. His wife could not get H4-H1 as she was having a degree in Commerce and working for a small consulting comp. VO gave her H4. I did not know the actual details of her case though.
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