slayerment
04-18 12:27 AM
Dude, you're wrong.
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Lasantha
06-25 02:27 PM
MrWaitingGC,
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if ic an make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months eatly) before the expiration date on my current H1B.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
OK, now I see your problem. You did not tell us about the error on the I-94. This looks like a question for your attorney.
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if ic an make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months eatly) before the expiration date on my current H1B.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
OK, now I see your problem. You did not tell us about the error on the I-94. This looks like a question for your attorney.
qualified_trash
11-30 01:22 PM
Does anyone have any insight on this thing called "Last Action Rule"?
Scenario:
1) Visa stamp till Feb 28,2007.
2) Extension of 3 year H1B based on approved I140 starting March 1,2007.
3) International travel, returning to the US on Feb 3.
Now at the port of entry, the officer takes an action of saying your I-94 is valid till Feb 27. Basically this invalidates your previous H approval that starts from March 1. Some "Last Action Rule".
Reference: http://www.murthy.com/news/n_cosapp.html
Has anyone gone through this?
Basically the idea is that the person has to get a new H1B stamp when in India for the extension.
Well the information in the link to Murthy's article that you submitted clearly states the I94 will not invalidate your future approval. so your extension is valid.
I am not sure what your question is?
Scenario:
1) Visa stamp till Feb 28,2007.
2) Extension of 3 year H1B based on approved I140 starting March 1,2007.
3) International travel, returning to the US on Feb 3.
Now at the port of entry, the officer takes an action of saying your I-94 is valid till Feb 27. Basically this invalidates your previous H approval that starts from March 1. Some "Last Action Rule".
Reference: http://www.murthy.com/news/n_cosapp.html
Has anyone gone through this?
Basically the idea is that the person has to get a new H1B stamp when in India for the extension.
Well the information in the link to Murthy's article that you submitted clearly states the I94 will not invalidate your future approval. so your extension is valid.
I am not sure what your question is?
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GCNaseeb
10-01 05:55 PM
Attorney emailed me this morning all our Receipt Notices for our I-485/I-765/I-131. All numbers start with WAC. Receipt Number of I-485 is the same number as Transfer Notice.
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Dj-Studios
05-19 10:09 PM
Sweet I can't wait! I too will have more time. Tom is my LAST DAY as a highschool student. SWEET!!!!!!!!!
priderock
06-16 05:54 PM
I am in a similar situation. I am getting married in July 4th 2007. (What a day to loose my independence) in India. I am planning to come back and file my 485 before July 30th. My spouse is going to endorse her passport and come soon after, but won't be before Aug 15th. I also wanted to know what was the time window after my filing that I could still add my spouse. I have approved I140, PD is Nov 2006.
If I were you I will get her here in July and not take a chance for SEP.
If I were you I will get her here in July and not take a chance for SEP.
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lecter
February 4th, 2004, 08:58 PM
Actual daily press and wire service photographers will undoubtly use 4mp. You may not be aware, but all the gorgeous 2 column color shots you see on USA Today etc. are printed from files that are usually 700k - 800k. There are heavily compressed for transmitting. All the wires do that. They don't get full files. The most attractive things to me are the high ISO performance, the ability to customize colorspace amd I'm anxious to test the new autofocus capabilities. The 8 mp is a plus for shooting for a mag or other output. Even at that, I've had 1D shots as a glossy mag color that looked great. One advantage higher megapixels give a sportshooter is for sports like football. Due to the size of the field, the ability to crop more gives you more field coverage. But then the question is will you have enough time to work with files that are twice the size. I'm sure that's why Canon listened and gave us 4 MP as an option.Based on this Steve, would it be safe to say that a 1D. as is, would still be a viable product to have on the shelves (notwithstanding that it would effect sales of the new one and that's why they don't)? I think there is room for a 1D in it's current MP capacity, but with the 1D Mark II improvements.. (Shooting RAW at 4MP that is)
Thoughts?
Thoughts?
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pappu
02-22 04:03 PM
Responded to the article (wrote a letter to the editor criticizing the skew of the piece)
http://www.washingtontimes.com/contact-us/
Author was Charles Hurt with no direct email
Thanks a lot. Pls. tell them about immigrationVoice and ask them to cover our issues.
http://www.washingtontimes.com/contact-us/
Author was Charles Hurt with no direct email
Thanks a lot. Pls. tell them about immigrationVoice and ask them to cover our issues.
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laborchic
10-19 09:32 AM
Any number lesser than 800,000 is good for us.. doesnt mean all is well.. we have to continue in our efforts with IV and we could have a better breakthrough..
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speddi
10-19 11:01 AM
According to my attorney, your PD need not be current to do the interfiling.
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ras
05-22 02:35 PM
my employment is terminated a month ago. I still need to file h1 transfer to the GC sponser. I am single
I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.
If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.
I have a fall back to EAD though based an approved 140 and 180 days past 485.
But how do I get the spouse then???
I am told that H1 can be transferred only with in 10 days-20 days or so. which means that it is already a month. so in case if I dont get the h1 or if I have an issue in the H1 transfer, is that the end of my being H1.
If I were to be on H1 again is it going to come under the cap along with those new H1 filers? I still have one and half years to complete 6 years.
I have a fall back to EAD though based an approved 140 and 180 days past 485.
But how do I get the spouse then???
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aniraj
08-04 11:39 PM
I have question on comments from Kumar1
If 485 is denied does it mean your 140 approval is no longer valid?
I was always under the impression that I140 is a petition for immigration filed by the employer for the beneficiary while 485 is adjustment of status filed by the beneficiary on his/her own behalf.
If 140 approval does not remain valid then I agree with Kumar1 but if 140 remains valid then I guess the renewed H1B also should be valid as it is renewed on the basis of approved 140.
Can anyone throw some light on this?.... senior members..gurus..??
If 485 is denied does it mean your 140 approval is no longer valid?
I was always under the impression that I140 is a petition for immigration filed by the employer for the beneficiary while 485 is adjustment of status filed by the beneficiary on his/her own behalf.
If 140 approval does not remain valid then I agree with Kumar1 but if 140 remains valid then I guess the renewed H1B also should be valid as it is renewed on the basis of approved 140.
Can anyone throw some light on this?.... senior members..gurus..??
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Googler
02-15 09:47 PM
Ok, so my PD got current (EB3 India). What next?
Optimystic -- is your PD current?
IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140
(i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.
(ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).
(iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.
(iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.
IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.
Optimystic -- is your PD current?
IF you have a current PD RIGHT NOW...AND submitted your I-485 on or before June-July 2007... AND have an approved I-140
(i) they are sweeping through all the files to find such files because if you filed your application in June-July 2007, 180 days have likely passed since your name check was submitted to the FBI. Name check request are made within weeks of generating a receipt for you.
(ii) they plan to complete this sweep by March 10; UNLESS visas run out, they plan to process such cases in approx 60 days (hah! like I believe them).
(iii) within the set of applications with current PDs, they apparently process in order of RD. Not sure if this is within the EB preference and current PD or across all EB preferences.
(iv) Some cases are approved without any changes in LUD i.e. that amazing email arrives before without any prior LUD changes.
IF you don't have a current PD, I have nothing to say except best of luck to all of us...the situation is pretty grim. The movement of EB-3 ROW will mop up most of the green cards left this year.
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nosightofgc
10-17 09:42 AM
Is there a pattern for RFEs? Why some on gets an RFE for AP?
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APDesign
04-17 11:59 PM
jnicklo, you better hope Lou isn't Rev, you aren't being very nice. :puzzle:
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sai
05-26 07:18 AM
when is "House-Senate Conference Committee " scheduled ?
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BharatPremi
12-09 12:12 AM
My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.
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nozerd
08-07 03:28 PM
Not sure of schools since I dont have any kids of school going age yet. However dont expect that much disp[arity in educational standards from Toronto.
Yes employment opp from spouse may be limited. However there is atleast a chance compared to staying in the US. Windsor real estate is also much cheaper than Toronto (you can buy a decent home in Windsor for 200 K. You will need 300 K in Toronto for same house).
Plus if you come to the point there is no way your GC will ever come, you can always move from Windsor to Toronto.
I am EB3 INDIA with PD of August 2001.
Yes employment opp from spouse may be limited. However there is atleast a chance compared to staying in the US. Windsor real estate is also much cheaper than Toronto (you can buy a decent home in Windsor for 200 K. You will need 300 K in Toronto for same house).
Plus if you come to the point there is no way your GC will ever come, you can always move from Windsor to Toronto.
I am EB3 INDIA with PD of August 2001.
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zCool
12-02 11:07 PM
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
There was an article @ immigration-law on it.. and then some subsequent discussion on IV..
http://immigrationvoice.org/forum/showthread.php?t=22242
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
There was an article @ immigration-law on it.. and then some subsequent discussion on IV..
http://immigrationvoice.org/forum/showthread.php?t=22242
smsthss
11-19 02:03 PM
i mean it did say about my previous exp but the position for which the LC was certified did not need exp.. thats how the govt off advertise it seems.
i am freakin frustrated about this whole thing...if it is the ability to pay then..would my w2 be sufficient for the last 3 yrs cos my pd is 2005.
i am freakin frustrated about this whole thing...if it is the ability to pay then..would my w2 be sufficient for the last 3 yrs cos my pd is 2005.
nk2006
03-16 02:25 PM
All right points above - we dont need to try too hard to prove our (IV's) original objectives and ideals. If they (antis or others with questionable motives here) are really interested they can go thru the website. Being anonymous web forums, site will attract different types of users and some noise may be almost unavoidable. Having said that we might need some more active moderation - as the IV's popularity increases the website is bound to attract more diverse groups of users with newer agendas. Moderation by only core group of people is obviously time consuming to them (going thru different threads and sometimes even following what is being discussed). I am not sure if IV already has this but can we have a basic user reporting type system - wherein we can have a high level sticky thread requesting users to report any abuses/violations of IV terms - users can post report any voilations they came across in the site - core group and maybe a group of more volunteers dedicated to just concentrate on forum content can go thru this sticky thread on a regular basis and decide. Currently we do have a reputation mechanism and PM to core but its cumbersome. There could be false/improper complaints in the user reporting system as well but atleast core/web-forum-volunteers only have to go thru fewer threads.
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