Oasis52
05-15 02:44 PM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
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vybe3142
07-25 12:59 PM
Congratulations on you new job. Like others have suggested - make sure you do a good job of sending our AC21 docs - now that you know that your employer is going to revoke I140. Also be ready for any RFE / NOID and prepare your documentation before hand.
Good luck.
Thanks, ..
What kind of documentation do I need to keep handy in case of RFE?
Good luck.
Thanks, ..
What kind of documentation do I need to keep handy in case of RFE?
san3297
11-09 08:05 PM
I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
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HRPRO
03-07 11:29 AM
I haven't file 485 and have no EAD.
Just an approved 140 with looming layoffs.
How many years do you have left on your H-1?
Just an approved 140 with looming layoffs.
How many years do you have left on your H-1?
more...
Thiru
09-22 08:53 PM
I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?
I applied on 8th of July and got approval notice through mail on 4th sep at TSC
I applied on 8th of July and got approval notice through mail on 4th sep at TSC
canleo98
08-09 02:40 PM
My PD was not current in June07, company attorney applied for 3 year extension along with approved I-140. Receipt Date for H1B extension application was June 14th 2007 and H1B was approved on July27th 2007 for one year only. As per FAQ# 2(Q 17), I was eligible for 3 year extension, Can we ask for ammendment in H1B extension. If yes, what is the process for requesting ammendment and what document do we need to file. Any idea how much time it is going to take, is it going to take same time as H1B extension timeline. All your views and answers are welcome.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
Here it is
Q #17 in http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?
A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations.
And here is what OH says in his breaking news for July 24th after this memo
0724/2007: AC 21 Three-Year Increment H-1B Extension Petition Availability in July and August 2007
Under Section 104(c) of AC 21 Act, those who have an approved I-140 petition or pending EB-485 application with the approved I-140 petition are eligible for the H-1B extension in three-year increment, if they cannot file EB-485 or EB-485 is pending but cannot be adjudicated because of the visa number unavailability for him/her. The question remained whether visa number should be unavailable at the time of filing of H-1B extension or at the time of adjudication of filing. The USCIS FAQ indicates that it will be determined by the date of filing rather than date of adjudication.
You should ask your lawyer to get an amendment. I read here yday somebody doing that.
more...
irrational
06-18 10:37 PM
Folks,
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
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bibhudc
08-21 04:39 PM
Thanks for your replies. The additional thread did throw some light.
Is there any statistic (or guess-timates) for how many people are waiting for their green cards ? by nationality, EB category, Priority Month etc.
Is there any statistic (or guess-timates) for how many people are waiting for their green cards ? by nationality, EB category, Priority Month etc.
more...
JunRN
12-18 08:07 AM
AC21 is quite tricky. There is no hard and fast rule that if the ONET number is similar, USCIS will automatically rule in favor of the change. IO's will still look at the details of each job requirements and will check if it matches the requirements in the Labor Certification.
ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.
ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.
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chalamurariusa
04-29 09:28 PM
Yes getting her here on an F1 Visa is your best option. You can hv the wedding in India but she shd not disclose abt her wedding and shd cm here on her maiden name and after afew months you can hv a registered marriage here. That is what my cousin did and they flew together to US.
more...
optimist
09-30 09:53 AM
Thank you folks, for sharing your thoughts!
thomachan72: Ideally, what you are saying is the best thing to do. But somehow we ended up bringing our goodies here and now we are worried about being harassed by customs when we land in India with all the jewellery :(
By the way, I checked the Indian Customs website (BAGGAGE RULES (http://www.cbec.gov.in/customs/cs-act/formatted-htmls/cs-rulef.htm)) and the limits on jewellery that can be brought in duty-free is:
<quote>
(i) upto an aggregate value of Rs. 10,000 by a gentleman passenger
(ii) Upto aggregate value of Rs. 20,000 by a lady passenger.
</quote>
How generous, isn't it?? :eek:
Any one else, with good/bad experiences to share about this ?
.
.
thomachan72: Ideally, what you are saying is the best thing to do. But somehow we ended up bringing our goodies here and now we are worried about being harassed by customs when we land in India with all the jewellery :(
By the way, I checked the Indian Customs website (BAGGAGE RULES (http://www.cbec.gov.in/customs/cs-act/formatted-htmls/cs-rulef.htm)) and the limits on jewellery that can be brought in duty-free is:
<quote>
(i) upto an aggregate value of Rs. 10,000 by a gentleman passenger
(ii) Upto aggregate value of Rs. 20,000 by a lady passenger.
</quote>
How generous, isn't it?? :eek:
Any one else, with good/bad experiences to share about this ?
.
.
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wandmaker
08-26 06:07 PM
Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
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rajenk
08-19 04:25 PM
All,
To add to the question of doubt. I have received FP (Biometrics) appointment notice on Saturday!!
When USCIS will come out of this confused messy Spaghetti handling!!!
Thanks
Raj
To add to the question of doubt. I have received FP (Biometrics) appointment notice on Saturday!!
When USCIS will come out of this confused messy Spaghetti handling!!!
Thanks
Raj
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gc_in_30_yrs
12-21 08:28 AM
i think the problem he is trying to explain is:
salary per year = 100000
salary per month = 100000/12 = 8333.33
payroll should run on = 8333.33
taxes to be calculated on = 8333.33
payroll ran on = 5800
taxes calculated on = 5800
21stIcon is this what you want to convey? let us know to understand better and beware of this company.
salary per year = 100000
salary per month = 100000/12 = 8333.33
payroll should run on = 8333.33
taxes to be calculated on = 8333.33
payroll ran on = 5800
taxes calculated on = 5800
21stIcon is this what you want to convey? let us know to understand better and beware of this company.
more...
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JunRN
08-21 11:51 AM
I've never done AR-11 myself because atty. is doing it for me...but when I looked at the on-line AR-11, Change of Address...A# is optional, meaning you do not need to input something on it. I think it was pretty easy to do it.
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pappu
07-31 02:27 PM
Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.
And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
"
Love the analogy.
Thanks Coopheal for leaving the IV wiki effort.
http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
They will have to put just one warning.
"Beware: Once you start the ride....
Only luckiest of you will be able to get out safely.
Most of you will be on this ride which has an endless loop.
Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.
And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
"
Love the analogy.
Thanks Coopheal for leaving the IV wiki effort.
more...
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dummgelauft
02-01 12:56 PM
Unless you are sitting on a pile of cash, this is really a no brainer....
Like others have suggested :
(1) Give it to me, i will invest it for you..;-)
(2) Depends upon your familial situation and resources you have, both here and in your home country.
(3) If you plan to go back to India ( i am guessing yo are Indian..)
This really is a personal choice that you have to make, with your spouse. By posting such question on open public forums, you have just opened the floodgates to getting made fun of and ridiculed...believe me, it is very tempting...
Like others have suggested :
(1) Give it to me, i will invest it for you..;-)
(2) Depends upon your familial situation and resources you have, both here and in your home country.
(3) If you plan to go back to India ( i am guessing yo are Indian..)
This really is a personal choice that you have to make, with your spouse. By posting such question on open public forums, you have just opened the floodgates to getting made fun of and ridiculed...believe me, it is very tempting...
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CADude
08-03 07:29 PM
Consult a good lawyer without any further delay. If you are out of status then it's problem for GC also.
PLEASE CONSULT A GOOD LAWYER TODAY ITSELF.
This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
PLEASE CONSULT A GOOD LAWYER TODAY ITSELF.
This is a really complicated case. You should consult a good attorney. The people in this forum are not lawyers. They just have some knowledge about immigration process and laws.
If I was in your place I will file for another H1B through Company B. There is a risk in this also as your current H1B extension is denied.
Stay in good terms with your current employer. Tell him once he is able to resolve the issue of H1B denial, you will come back to him. Also tell him once you get your EAD you will come back.
The problem is USCIS denied H1B extension due to non-compliance of rule in paying the employees, they can probably deny the 485 for the same reason.
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JunRN
05-16 03:28 PM
Marking I485 on I-140:
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
This option is also beneficial for both non retrogressed and retrogressed countries:
1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.
How can you file concurrent I-140 and I-485 if PD is not current, meaning country is retrogressed? You can't file I-485. You can file I-140 only and wait PD to become current to file I-485.
CP requires police certificates, therefore one needs to go back to home country in advance of interview to get it. I think it also needs police certificates from all place resided since age ?? (16 or 18??). All CP but not all AOS gets interviewed.
mckottayam
05-02 06:07 PM
We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.
yibornindia
12-19 03:36 PM
AC21: if my new employer is open to do either EAD or H1, what should I prefer? I want to take the least risky route.
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