GotGC??
01-08 12:03 AM
.
I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.
That's not true. I've done that many times, and I'm sure many other would have done the same without affecting the newly approved petition.
Yes, something about the "last action rule" (I don't know much about it) causes some problem when you are outside the US at the time your H1/H4 petition gets approved (in other words, you should be present in the US the day the H1/H4 gets approved) but this rule does not apply in this case because the petition has already been approved.
These are just my thoughts. And I am not a layer.
Do you have a basis for the statement you are making? Any references, rules, etc.?
Have a great trip
I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.
That's not true. I've done that many times, and I'm sure many other would have done the same without affecting the newly approved petition.
Yes, something about the "last action rule" (I don't know much about it) causes some problem when you are outside the US at the time your H1/H4 petition gets approved (in other words, you should be present in the US the day the H1/H4 gets approved) but this rule does not apply in this case because the petition has already been approved.
These are just my thoughts. And I am not a layer.
Do you have a basis for the statement you are making? Any references, rules, etc.?
Have a great trip
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Ann Ruben
01-24 05:18 PM
Unfortunately, you are now out of status, and you are no longer authorized to work. Your employer can file a new petition for you, but because you are not in legal H1 status, you are not entitled to an extension of H1 status. The same is true if a new employer files an H1 petition for you. In either case, you will have to leave the US, get a new H1 visa stamped in your passport and re-enter the US using that visa in order to regain legal H1 status with authorization to work.
Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.
Ann
Premium processing isn't required, but if you want to get back to work as soon as possible it would be a good idea.
Ann
sanjay02
07-24 02:49 PM
Hi
I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following
"Your case has been continued for the unavailability of VISA"
Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?
I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following
"Your case has been continued for the unavailability of VISA"
Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?
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ash27
04-02 04:35 PM
Could somebody please advice if contract work on W2 as a primary employment is ok?
more...
pom
05-27 09:05 AM
The links page in Soul's site almost made me throw up, great work man :P
immieb2
10-14 09:04 AM
I went to the Chennai consulate in July 2008 with blue jeans and bright colored T shirt and I got my H1 visa stamped. No issues. But I sure felt like the odd man out there, NO ONE else was wearing a jeans and shirt. At the interview she asked me how is the weather in Michigan, that's about it..
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
more...
abhijitp
02-14 06:09 PM
This doesn't feel good :o
For the same reason, please help yourself to the NORCAL thread;)
For the same reason, please help yourself to the NORCAL thread;)
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TeddyKoochu
01-06 10:11 AM
Hey Teddy,
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
During you process for porting from EB3 to EB2 did you:
1. Do this within the same organization after getting your advanced degree?
2. Did you have to file for a new PERM and start from the begineeing under EB2?
3. Were you successfully able to port your PD or did you start with a new PD under EB2?
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
more...
amdee
12-23 04:31 PM
Hi,
If someone has I485 applied for 6 months for mare than 6 months, can he/she leave the job and join a US school for further studies. Do he/she still need to get F1 visa. Will this have impact on his I485 application.
thx
If someone has I485 applied for 6 months for mare than 6 months, can he/she leave the job and join a US school for further studies. Do he/she still need to get F1 visa. Will this have impact on his I485 application.
thx
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jonty_11
06-11 12:18 PM
Guys,
Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will
He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...
http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html
Every news channel and radio stations is talking abt Bush bringing back teh Immi bill. And I think he will
He will armtwist Congress to pass it like he got the Iraq funding bill passed (w/o plan for withdrawal).....We should have a plan to bring in our ammdts as soon as the bill hits floor again...
http://www.cnn.com/2007/POLITICS/06/11/bush.immigration.ap/index.html
more...
snathan
08-18 05:05 PM
If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.
This is wrong...once the H1B approved the status automatically changed. If you are not paid in H1B, you are out of status. The only way to correc the status is getting paid, pay the tax and get W-2 as like anyother person.
H1B is not a vsia intend to hire. As you are not able to find a suitable american for the job, you are hiring a foreigner with speciallity skills. Means already you have a job for the person you are sponsoring.
This is wrong...once the H1B approved the status automatically changed. If you are not paid in H1B, you are out of status. The only way to correc the status is getting paid, pay the tax and get W-2 as like anyother person.
H1B is not a vsia intend to hire. As you are not able to find a suitable american for the job, you are hiring a foreigner with speciallity skills. Means already you have a job for the person you are sponsoring.
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meridiani.planum
07-19 04:36 PM
Hi All,
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
that is typically not an issue. lot of people (Esp from India) get a +ve on the skin test because of reaction with the BCG vaccine that they received in childhood. You will most likely not even get an RFE as USCIS knows about this.
If by chance you do, I believe you can go to a USCIS certified doctor (where you probably got those tests done) and he would prescribe some medication. You just send that report back, and you are all set.
My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.
Can some body guide me
-Srarao
$100-so far
that is typically not an issue. lot of people (Esp from India) get a +ve on the skin test because of reaction with the BCG vaccine that they received in childhood. You will most likely not even get an RFE as USCIS knows about this.
If by chance you do, I believe you can go to a USCIS certified doctor (where you probably got those tests done) and he would prescribe some medication. You just send that report back, and you are all set.
more...
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hello
11-29 01:52 PM
Source The OH law firm
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
Any news on this?Will they give EAD?
The Oh Law Firm (http://www.immigration-law.com/)
10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?
The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.
Any news on this?Will they give EAD?
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Macaca
12-14 07:24 PM
A USCIS rule appears in a USCIS catalog or addendum. My International Student Advisor had a catalog of rules for F1, COPT and OPT. Everytime I did something out of the norm, I made a copy of the rules. I will keep these rules till I get the green card.
I was told that there is a 60 days period during which I can switch H1B between companies. To the best of my knowledge, it does not appear in a USCIS catalog: most persons say that it is true. My lawyer told me USCIS does not a rule for the period between company switching.
I was not aware of the 60 days grace period after OPT. Please let me know if you have seen it in a USCIS catalog.
I was told that consular approval can not be denied. I was close to being denied. The person before me was denied. Once you are out of the country, anything can happen. It depends on your country, your case and the officer handling the case.
The advantage of consular approval is that you get multiple entry visa.
Once again, a USCIS rule should appear in a USCIS catalog or addendum. The catalogs and addendums should be available online. Does anyone know about it?
Some things slip by but are noticed during the GC process.
Other concerns.
1. Kaplan was issuing I-20's in my time.
2. You are in status if your application is being processed by USCIS. (haven't seen the USCIS catalog)
I was told that there is a 60 days period during which I can switch H1B between companies. To the best of my knowledge, it does not appear in a USCIS catalog: most persons say that it is true. My lawyer told me USCIS does not a rule for the period between company switching.
I was not aware of the 60 days grace period after OPT. Please let me know if you have seen it in a USCIS catalog.
I was told that consular approval can not be denied. I was close to being denied. The person before me was denied. Once you are out of the country, anything can happen. It depends on your country, your case and the officer handling the case.
The advantage of consular approval is that you get multiple entry visa.
Once again, a USCIS rule should appear in a USCIS catalog or addendum. The catalogs and addendums should be available online. Does anyone know about it?
Some things slip by but are noticed during the GC process.
Other concerns.
1. Kaplan was issuing I-20's in my time.
2. You are in status if your application is being processed by USCIS. (haven't seen the USCIS catalog)
more...
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iv2000
08-09 07:33 PM
Para. 4
http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html
An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html
An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.
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centaur
02-09 11:08 AM
Bush is for immigration reform.
I see people disliking him, but to be fair to him, that man had some very good ideas when he became the president. He was unlucky that 9-11 happened when he was just 9 months into presidency and inexperienced, but his response was good, and it was wrong for him to go into Iraq as the reasons were all wrong. That was a huge mistake, probably in-expereince, wrong advisors, oil lobby, and some of the fear from 9-11, all contributed to that decision.
Overall, he has done more in terms of changing things, and has started debates on more controversial issues than anyone before. He has done more for the world trade, es[ecially countries like India, China and Brazil. He has gone beyond racial and gender factors, as reflected in choice of his staff and advisors.
Debates have to be started before anything happens and sometime it takes years, even after the presidency is over.
It's easy to blame him for everything as he is the face we see. I am not a Bush supporter, but actually a huge Clinton fan, but I think we tend to be overly unfair to the man. He has an office that comes with blames, sometimes decisions are not easy and you could go wrong either way. I think he tends to err on side of doing more than less, while Clinton was opposite and kept things stable, but also didnot start changes or lay grounds for change to take place.
As a president I think he has probably done more, or sets things in motion, more than Clinton did. Sometimes things need changing, and initial in-stability goes with the change.
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
I see people disliking him, but to be fair to him, that man had some very good ideas when he became the president. He was unlucky that 9-11 happened when he was just 9 months into presidency and inexperienced, but his response was good, and it was wrong for him to go into Iraq as the reasons were all wrong. That was a huge mistake, probably in-expereince, wrong advisors, oil lobby, and some of the fear from 9-11, all contributed to that decision.
Overall, he has done more in terms of changing things, and has started debates on more controversial issues than anyone before. He has done more for the world trade, es[ecially countries like India, China and Brazil. He has gone beyond racial and gender factors, as reflected in choice of his staff and advisors.
Debates have to be started before anything happens and sometime it takes years, even after the presidency is over.
It's easy to blame him for everything as he is the face we see. I am not a Bush supporter, but actually a huge Clinton fan, but I think we tend to be overly unfair to the man. He has an office that comes with blames, sometimes decisions are not easy and you could go wrong either way. I think he tends to err on side of doing more than less, while Clinton was opposite and kept things stable, but also didnot start changes or lay grounds for change to take place.
As a president I think he has probably done more, or sets things in motion, more than Clinton did. Sometimes things need changing, and initial in-stability goes with the change.
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
more...
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martinvisalaw
10-07 02:04 PM
I received my H-1B approval for one year but my I-797 arrived without an I-94....
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
You need to leave the US and return showing the new approval notice. You may be able to just go to Canada or Mexico (depending on those countries' immigration rules) and return showing the old H-1B visa and the new approval. You should do this ASAP because you have been out of status for quite a while now.
The notice also states that approved I-129 has been sent to Hyderabad Consulate upon request.
Can someone provide some insight on how to proceed and what are the options? Is there a chance to obtain authorisation by re-entering through a POE? What does this mean to my future in the states. Please clarify.
You need to leave the US and return showing the new approval notice. You may be able to just go to Canada or Mexico (depending on those countries' immigration rules) and return showing the old H-1B visa and the new approval. You should do this ASAP because you have been out of status for quite a while now.
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jayz
07-15 01:42 PM
Clicked on Immigration visa's and then appointments and you can find all months schedule there.... where I found for August too..
Aghh.. got it. Thanks!
Aghh.. got it. Thanks!
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vnsriv
07-19 01:53 PM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
My story
EB3 RIR PD Jul 2002,
Filed I-485 in Jun 2005 was not married at that time
Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.
tikka
06-22 09:42 AM
any responce
If it is positive you will be sent for a chest xray.
If your chest xray comes back normal you are good to go!
If it is positive you will be sent for a chest xray.
If your chest xray comes back normal you are good to go!
rameshvaid
02-24 04:50 PM
Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
Yes.. u can apply for FAFSA.. U do qualify. U can either PM me or Call them directly. They are very helpful.
Good Luck..
RV..
"AP is Advance Parole" to enter US.
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
Yes.. u can apply for FAFSA.. U do qualify. U can either PM me or Call them directly. They are very helpful.
Good Luck..
RV..
"AP is Advance Parole" to enter US.
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