GCOP
09-24 11:49 AM
This was just a proposal for EB visa Recapture First and then FB Visa Recapture, as nothing is passing in the current form of the bill. I think we have discussed this proposal enough, Please Close this thread.
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hur11
01-22 10:08 PM
Well optimism and positive thinking is the only way up in life mate. Anyways we all know wht happened last year wherer so many people got there ead in a year from first stage. There were lucky hope v r too. Thats the optimism.
clockwork
07-06 10:53 AM
07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
* New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:
"To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."
* The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
* We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:
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sankar_203
09-25 01:35 PM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..
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jatinr
09-05 10:50 PM
[QUOTE=nirajnp;160331]Hi,
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:
1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?
No , you will have to fill I-539 - Change of Status form to change from H1 to H4, you have to provide your H1B credentials while applying your wife's H4 COS.
2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?
Since it is not fresh H1B, she will be able to work on pending H1B status when applying from H4 to H1, her new H1B will not be from October, but rather from the time her status change from H4 to H1 is approved, you have to fill I-129 and I-539 forms.
3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.
Appreciate your help.
Not it is not required, you will get approved H4 petition, but you will have to provide existing H1, new H4 petition while applying for new H1 and corresponding I-94's
Thanks
I am not a lawyer, am answering based on my limited knowledge on this subject
gotgc?
11-19 01:07 PM
H1 renewal i can understand but you need not apply for h4 renewal if your wife is working on EAD. Because if she wants to come back on h4, she always can and does not need h4 to be renewed now.
did you check with your attorney, if she absolutely has to do h4 renewal.
I understand that H4 Renewal is not really required; but if something happens to our AOS, then I will be on H1 and she willl be out of status and has to go out of country and come back on H4. Its always good to maintain both of our NIV status and also it helps to get 3 year DL renewal etc...
did you check with your attorney, if she absolutely has to do h4 renewal.
I understand that H4 Renewal is not really required; but if something happens to our AOS, then I will be on H1 and she willl be out of status and has to go out of country and come back on H4. Its always good to maintain both of our NIV status and also it helps to get 3 year DL renewal etc...
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hypersphere
01-05 04:05 PM
I Agree there are some particularly bright ideas about fund raising but I dont think there is any significant variety in opinions regarding immigration floating around that we might miss. I would rather have people put their opinions into practise (by contributing) rather than simply share them.
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rsdang
09-18 11:16 AM
My AP was approved last week (Monday) still to get in mail.
Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...
Anyways I am greatful that they approved it and its in mail ( fingers crossed )
Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...
Anyways I am greatful that they approved it and its in mail ( fingers crossed )
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BECsufferer
09-23 12:49 PM
an email reply saying " ... Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below." :rolleyes:
My understanding ... bullshit! You ain't doing nothing.
My understanding ... bullshit! You ain't doing nothing.
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gdilla
02-28 12:14 PM
One option for you would be to consider looking for another job which meets your expectations. You can ask your new employer to file a new Green card PERM. After PERM approval you can file a new I-140 along with a request to transfer your priority date (PD) of Nov 2004 from the old I-140 to the new I-140. This way you can keep working in the job or profession of your choice while not sacrificing any of the time you have originally invested in the 1st Green card process. Hope this helps.
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
But does it have to be strictly in the same category, namely some kind of electrical engineer?
Please see the link for additional information:
http://www.immigrationportal.com/showthread.php?t=196367&page=54
But does it have to be strictly in the same category, namely some kind of electrical engineer?
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chi_shark
10-19 12:32 PM
sue him for medical malpractice...
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?
As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".
I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.
Have others gone through such an experience? Am I a source of residual income for his office?
Thanks in advance,
V
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Sachin_Stock
02-02 07:06 PM
Content removed.
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Deepika
08-14 04:38 PM
Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.
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Rajeev
02-26 04:47 PM
H4 visa holder can pursue their studies in US but they cannot work while studying.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.
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gr8dain
June 14th, 2005, 07:51 AM
Forgive my ignorance, but would you be able to use the extension tubes mentioned above with a third party lens like the Sigma Gary mentioned? Obviously the Sigma lens would have to be a Nikon mount since the tubes mentioned above are Nikon, but assuming the mounts were the same would that work?
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prem_goel
07-22 03:56 PM
IMHO the proper response would have been that dude...this is technically illegal..and may cause problems...but personally i know a few people who've made through but YMMV.
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
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krishmunn
01-26 02:23 PM
Good, so I'm not the only one who feels that Murthy is dominated by uncivilized conversations. IV came as such a breath of fresh air because everyone here is polite and agree to disagree in a civil manner.
BTW is that famous member "J***f"....lol. He's been getting bashed at Murthy a bit too lately. He's like a schoolyard bully who just enjoys pouncing on people and giving unnecessary gyan.
Bull's eye ! Thsi is the member who has been banned from another forum and then he entered thsi forum.
BTW is that famous member "J***f"....lol. He's been getting bashed at Murthy a bit too lately. He's like a schoolyard bully who just enjoys pouncing on people and giving unnecessary gyan.
Bull's eye ! Thsi is the member who has been banned from another forum and then he entered thsi forum.
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Vic
10-11 12:54 PM
My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
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sweet_jungle
10-23 11:52 PM
[QUOTE=gcobsessed;298830]My understanding from my lawyer is that a person's intent while filing GC should be that he will work in that position "indefinitely". So, if intent changes before the application is approved, then one might argue that the application itself should be withdrawn or is invalid.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
if employer has not withdrawn 140 and EVL was sent with initial 485 application packet, USCIS generally does not send any job related RFE. Assuming employee has worked for sponsoring employer for quite sometime and waited long enough after 485 was filed, I do not see how intent can be questioned. After this, it is natural for intent to change.
ebizash
05-01 05:13 PM
I think if you never entered on a non-immigrant visa (in your case H1) after overstaying previous Non-immigrant visa (F1), you could still be in trouble. My understanding is that they wan to see your continued legal presence and maintenance of status from your last entry thru the day when you applied I-485. If the only time you entered US since Jan 2003 is on AP then you might be in trouble.
This is based on my reading up other posts on IV and may not be accurate.
This is based on my reading up other posts on IV and may not be accurate.
nb_des
09-20 04:04 PM
Even I don't see it. Seems like they have removed it.