InTheMoment
02-08 03:45 PM
After following release dates since the past year ...I predict it will be out either tomm (9th) or Monday (12th) ;)
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hpandey
09-16 10:58 AM
I was wondering if your H1 visa was not approved how did you come back on H-4 visa. Didn't your H4 status get invalid when your H1 got approved.
The approval of your H1 would have invalidated your H-4 visa :confused:
The approval of your H1 would have invalidated your H-4 visa :confused:
dvb
10-12 09:44 AM
Hi All,
Could someone provide some guidance regarding my situation:
1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.
Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.
Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?
Also, any implications of my situation on the I-485 process ?
Thanks a lot for any input!
DVB
Could someone provide some guidance regarding my situation:
1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.
Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.
Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?
Also, any implications of my situation on the I-485 process ?
Thanks a lot for any input!
DVB
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whiteStallion
09-20 02:35 AM
Guess we are getting there :D
With all the options finalized, can we start voting now ?
With all the options finalized, can we start voting now ?
more...
kondur_007
08-21 12:24 PM
Kondur, based on your signature, you have 3 active applications in the system. I understand EB1A, thats you sponsering yourself and no labor needed. EB2 with PD 02/08 is employer filed with PERM and I140 and whole nine yards. if I understand it right, EB2 NIW is also something an employer should sponser (or atleast help you with some documentation) and you file I-140 directly like EB1A. I know parallel applications are OK and EB2-NIW or EB1A are surely faster. but is there any reason behind that many applications at same time (other than increasing your probability of atleast one going thru?)..
There is a reason for multiple I 140s in my case. There are benefits to each of them:
1. EB2 PERM based: already have it approved.
Benefit: already approved. Lock the PD.
Disadvantage: Not current. Upon approval you have to work for the sponsoring employer.
2. EB2 NIW:
Benefit: No committment to work for a particular employer. Just work in the same field as NIW. Easier to get approved than EB1. Not sponsored by employer; self petition. Attorney files it with no extra charge with EB1 (only additional filing fees)
Disadvantage: not current.
3. EB1A (My best bet!)
Benefit: Current and will remain current. Upon approval no need to works for a particular employer; just stay in the same field. Not employer sponsored.
Disadvantage: Very difficult to get approved.
Hope this clarifies....
There is a reason for multiple I 140s in my case. There are benefits to each of them:
1. EB2 PERM based: already have it approved.
Benefit: already approved. Lock the PD.
Disadvantage: Not current. Upon approval you have to work for the sponsoring employer.
2. EB2 NIW:
Benefit: No committment to work for a particular employer. Just work in the same field as NIW. Easier to get approved than EB1. Not sponsored by employer; self petition. Attorney files it with no extra charge with EB1 (only additional filing fees)
Disadvantage: not current.
3. EB1A (My best bet!)
Benefit: Current and will remain current. Upon approval no need to works for a particular employer; just stay in the same field. Not employer sponsored.
Disadvantage: Very difficult to get approved.
Hope this clarifies....
newuser
01-24 04:38 PM
The school is wrong on 2 accounts:
1. The only exception to the full-time student rule on F1 is your LAST semester of graduation. If your wife is in her LAST semester, and she has fewer credits remaining for graduation, and enrolls in less than full-time credits she CANNOT be out of status. I myself was in that boat in my last sem. Not sure if things changed in the past 2 yrs.
2. If she has an EAD, then your lawyer is right. She is not required to be on F1.
I totally agree with what was said by she18. If your are in the last sem and don't have enough credits to be a full time student, they need to update the same in SEVIS and continue the studies.
Best of luck
1. The only exception to the full-time student rule on F1 is your LAST semester of graduation. If your wife is in her LAST semester, and she has fewer credits remaining for graduation, and enrolls in less than full-time credits she CANNOT be out of status. I myself was in that boat in my last sem. Not sure if things changed in the past 2 yrs.
2. If she has an EAD, then your lawyer is right. She is not required to be on F1.
I totally agree with what was said by she18. If your are in the last sem and don't have enough credits to be a full time student, they need to update the same in SEVIS and continue the studies.
Best of luck
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WeShallOvercome
07-12 03:05 PM
One of my friend got EAD 2 year back even though his priority date was not came. Ofcourse this was even b4 this mess created USCIS. He was still using his H1 till couple months back, he is afraid of USCIS may roll back his EAD since PD is not yet reached.
I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.
I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....
Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D
You don't need your PD to be current for EAD/AP
I do heared 11 people from Infxxxx company got EAD even though their PD was not current. They are saying by mistake send the package but they got EAD.
I do know personally that person on the 1st paragraph, on the 2nd paragraph I dont have any evidence.....
Just sharing this information to help this thread, hope there may be lot more cases got EAD without PD even before this mess they have created.:D
You don't need your PD to be current for EAD/AP
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lunatic
05-19 05:57 PM
Edit:- btw shouldnt it be grammar? ;)
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AAAAAAAAAAAAAAAAAAHHH! You got me. Good one, heh heh.
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senk1s
09-13 03:09 PM
did it get transferred to CSC?
You might find this info on the check image
You might find this info on the check image
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HV000
04-03 02:23 PM
nope, so far I have not come across a single case where this has been an issue (which was one reason I went ahead with the move). However there have been inklings about USCIS possibly taking a tougher position on this in the future.
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
For instance see:
http://www.murthy.com/news/n_porret.html
Salary Considerations for the New Job
�MurthyDotCom
Attorneys in our firm are frequently asked about the impact of a difference in salary when changing jobs under AC21. We are also asked what "same or similar" really means in order for one to be eligible under AC21 portability. USCIS policy memoranda, particularly the May 12, 2005 Memo referenced above, have been quite favorable on these matters. However, in that same memo, the USCIS stated that the forthcoming AC21 regulations "may take a more restrictive position than this memorandum." Therefore, while issues such as salary differences do not appear to be problematic at present, foreshadowing indicates that this could change when the regulations are released at some future date.
From my research I have found so far that it will be hard for them to put a dollar or percentage figure on the amount the salary can vary. The best they can do is perhaps put it in some range based on prevailing wages. Other than that, salary itself is a very market driven thing. I hope they dont, and I dont think it buys them much. The DOT codes and job-duties description should be what they should look at (or actually they should broaden the allowed job changes considering how long the wait has become now-a-days).
Lets see what happens. Main trouble is like what Murthy mentions in that article a little later: if changes happen, they are retroactive...
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
more...
shaikhshehzadali
09-25 10:24 AM
My AP online status says mailed on Sep 11 th. I have not received them yet.
My wife AP online status said Sep 11 th. We received them on Sep 21 st.
Even mine was approved on 18th september...Neither me nor my attorney has received it...It's frustrating..I have to travel to India next week..
I received my EAD card in 4 days...I don't know why this is taking so much time.
My wife AP online status said Sep 11 th. We received them on Sep 21 st.
Even mine was approved on 18th september...Neither me nor my attorney has received it...It's frustrating..I have to travel to India next week..
I received my EAD card in 4 days...I don't know why this is taking so much time.
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satishku_2000
08-18 12:47 AM
I would advise you to look at RFE very carefully, Sometimes they issue RFE that may read to include more than one kind of proof so you may be able to submit alternative proofs such as affidavits, wedding pictures, wedding invitaion etc. I am just throwing an idea here.
I got a chance to take a look at 140 RFE that was issued recently. The language used was pretty broad for certain kind of proof they were requesting. You may have a chance to submit alternatives.
I got a chance to take a look at 140 RFE that was issued recently. The language used was pretty broad for certain kind of proof they were requesting. You may have a chance to submit alternatives.
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emmie
01-01 06:12 PM
Thank you very much for the response. My lawyer just responded back to DOL like around a week ago. It is very frustrated that I still don�t hear anything from DOL so far. I wonder if I change my visa to F1 by attending the school full times such as attending college. Can I stay in US and wait until I got my green card approved? Is it possible to do so?
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gjoe
08-14 09:05 AM
I have a total of 15+ yrs exp in the IT industry out of which 8 yrs in USA. I am also an EB3 :) BTW I have a 4 yr engg degree from a small college in india :p
Count me in too
I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.
PD : EB3 SEPT 2002.
Count me in too
I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.
PD : EB3 SEPT 2002.
more...
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sanjay
05-27 10:50 AM
Just to add -
If customer is from India/China/Mexico then they will receive the product in 10 years. Rest all can get it in 3/4 years.
If customer uses Master Card (EB-1) then they get it in 6 months, Discover (EB-2) in 1 year. Rest all will wait for a long time.
Their order goes in pending queue, if they do not receive the product within 1 year then they have to renew the order and customer will pay for this renewal.
9 YEARS AND COUNTING.........................
Discover (EB-2) in 1 year - I hope this period is not for India.
I am EB2 waiting for last 7 years. And had no idea when this wait period will end.
If customer is from India/China/Mexico then they will receive the product in 10 years. Rest all can get it in 3/4 years.
If customer uses Master Card (EB-1) then they get it in 6 months, Discover (EB-2) in 1 year. Rest all will wait for a long time.
Their order goes in pending queue, if they do not receive the product within 1 year then they have to renew the order and customer will pay for this renewal.
9 YEARS AND COUNTING.........................
Discover (EB-2) in 1 year - I hope this period is not for India.
I am EB2 waiting for last 7 years. And had no idea when this wait period will end.
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reachag
05-24 01:06 PM
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pd_recapturing
07-10 08:52 PM
You sure abt this. I could not find it @immigration-law. Can you post the link here ?
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pd052009
05-10 11:47 AM
Wondering whether the people who are affected by 221g have gathered to fix this issue? I hope many H1B holders will be ready to join.
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jthomas
05-26 10:47 PM
Do you work for a TV manufacturing company or watch lots of shows like a couch potato. I can understand you like to watch some channels but cannot imagine spending hours to make a quote
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card may not be charged, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card may not be charged, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
calgirl
09-11 02:41 PM
Why don't you contact some senator! You have been current for so long ..
On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.
On July 21st, 2008 my case was transferred to CSC where they are not even processing any 485s. I waited to several years for PD to become current and no sooner did it became current, it was transferred to a black hole. I got different versions from customer service/Io and info pass persons as to where the case is. The reality is that I do not know where my case is right now. The website still shows that it was transferred to CSC.
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06-01 03:19 PM
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