krishnam70
05-06 04:29 PM
Hi Morchu,
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
Thanks for you reply.
Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...
But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.
Thanks again Morchu for your responses.
Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?
-cheers
kris
pa_arora
09-21 11:45 AM
.. by trying to get our provisions included in this bill .. Duh..
I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?
ciao
-p
I may not know the process completely, but how does it work as the Bill has already been passed. Can somebody amend the Bill after it passed? If yes, dosen't it needs to go thru the the voting again?
ciao
-p
deepimpact
08-23 11:25 AM
And depending on how long you have been on H1 and if the University is a State Univ, your wife can also qualify for in state Tuition fee. These days its very rare for MS students to get funding. You can save some money that way.
Michael chertoff
08-04 03:09 PM
Someone gave me red for this post...i dont understant why???
more...
go_guy123
05-18 06:25 PM
Bender's Immigration Bulletin (http://bibdaily.com/)
Way to go...atlast someone..gave u a green for the post
Way to go...atlast someone..gave u a green for the post
meridiani.planum
11-26 01:21 PM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
more...
theconfused
04-02 10:21 PM
Hey Dontcareanymore,
You are right.
For other folks, here is the summary -
1) Got H1B visa stamp valid from August 2007 till August 2010.
2) Started working from October 2007 and Was laid off in November 2007.
3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.
4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .
6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.
7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.
8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.
9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.
10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.
11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.
12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.
13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.
14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.
15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.
16) On 16th March 2010, got an email from embassy that they need my passport.
17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.
18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.
19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.
20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.
21) Passport was sent back to me on 1st April 2010 with the visa stamped.
22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.
23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.
Please feel free to ask any question.
Thanks a lot to all of you reading this...
You are right.
For other folks, here is the summary -
1) Got H1B visa stamp valid from August 2007 till August 2010.
2) Started working from October 2007 and Was laid off in November 2007.
3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.
4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .
6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.
7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.
8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.
9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.
10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.
11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.
12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.
13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.
14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.
15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.
16) On 16th March 2010, got an email from embassy that they need my passport.
17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.
18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.
19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.
20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.
21) Passport was sent back to me on 1st April 2010 with the visa stamped.
22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.
23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.
Please feel free to ask any question.
Thanks a lot to all of you reading this...
pointlesswait
04-28 01:10 PM
my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..
1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?
2.) Am i wrong is even asking for that information?
1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?
2.) Am i wrong is even asking for that information?
more...
Berkeleybee
06-03 07:44 PM
Good job Pratik. we should grab every opportunity we get to voice our opinion even though this TV interview was mostly on H1B visa cap and increasing the cap. Only 10 seconds or so were given to the lengthy green card process. Increasing H1B quota is not a solution for us. It would infact increase our wait times and backlog of applications. it is in the interest of Hi-tech companies to have the h1b visa quota increased so that they can get more skilled workers. However they know that once they have an H1B worker, they will have that worker for many years due to retrogression. Thus retrogression is not a BIG news story. We need to highlight the greencard quota issue and not confuse it with the H1B quota issue. I feel these are 2 different things. After watching the SJC and Senate proceedings I feel Retrogression and greencard quota issue needs more awareness and education amongst lawmakers so that it is not confused with H1B visa quota.
Pappu,
Not sure how Priya David fell through the cracks but the very first thing we do when we talk to reporters is hammer away and draw a distinction between H1-B and EB workers. It is part of our media mantra. In fact this comes across so strongly that the WaPo reporter even called me back to say "see I didn't mess that up!" Unfortunately, TV stations do tend to splice together a bunch of stuff just to get a story out.
We just have to keep hammering away.
best,
Berkeleybee
Pappu,
Not sure how Priya David fell through the cracks but the very first thing we do when we talk to reporters is hammer away and draw a distinction between H1-B and EB workers. It is part of our media mantra. In fact this comes across so strongly that the WaPo reporter even called me back to say "see I didn't mess that up!" Unfortunately, TV stations do tend to splice together a bunch of stuff just to get a story out.
We just have to keep hammering away.
best,
Berkeleybee
paskal
06-13 02:50 PM
Is anyone actually coordinating this or are we simply wasting our time posting messages here?
any motivated members can take up the challenge of coordinating activities and leading efforts. let me know if anyone is interested!
any motivated members can take up the challenge of coordinating activities and leading efforts. let me know if anyone is interested!
more...
itsmesabby
10-12 04:27 PM
You can take upto 6 months of paystubs with you for the stamping. Since you are carrying yiour W2's as well, they very well reflect your past earnings.
karanp25
07-13 07:55 PM
no...no sarcasm. j751 and all others, u r at the mercy of uscis all ur lives. U shd inform them of any small move u make in life, or fear losing ur GC otherwise. U know they can revoke GC/citizenship at any point, right? Well, then behave..OK?
as for u EB3_SEP04, take it easy...let's go together to junk our cars, rather than being paranoid about warming up the engine at every cold start.
karanp25, I am assuming that was meant to be sarcastic.
I changed my job 6 months ago on EAD, my 485 is still pending, i have not yet informed USCIS about it and may or may not do so in future. There is no law/regulation that says we must do so. I believe US law works on common sense rather than word-to-word written in the law books. So in general i want to draw a line for myself as to how much i should be afraid of USCIS. I would rather risk my GC than worrying about the chances of my every little action affecting my GC. But that's just me.
some of my friends keep the engine running for 2 minutes before start driving, i was never convinced this is good for the car. I would rather junk my Honda few thousand miles early than wasting 2 min(plus gas). Again that's just me.
as for u EB3_SEP04, take it easy...let's go together to junk our cars, rather than being paranoid about warming up the engine at every cold start.
karanp25, I am assuming that was meant to be sarcastic.
I changed my job 6 months ago on EAD, my 485 is still pending, i have not yet informed USCIS about it and may or may not do so in future. There is no law/regulation that says we must do so. I believe US law works on common sense rather than word-to-word written in the law books. So in general i want to draw a line for myself as to how much i should be afraid of USCIS. I would rather risk my GC than worrying about the chances of my every little action affecting my GC. But that's just me.
some of my friends keep the engine running for 2 minutes before start driving, i was never convinced this is good for the car. I would rather junk my Honda few thousand miles early than wasting 2 min(plus gas). Again that's just me.
more...
desi485
11-24 05:48 PM
I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf
Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...
chanduv23
09-15 06:45 PM
Just one day at DC will make a huge difference in your lives.
You have to be there to experience it.
You have to be there to experience it.
more...
ras
08-02 08:57 AM
I checked my online status online. It only shows the application is recieved but not the name. If I create my profile would I be able to see my name when I check status online. I haven't created my profile yet.
perm2gc
10-20 12:11 PM
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
you dont have to re stamp visa if you have valid visa stamp in the passport..no matter how many companies you transfer during the period of time in visa stamp..
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
you dont have to re stamp visa if you have valid visa stamp in the passport..no matter how many companies you transfer during the period of time in visa stamp..
more...
Keeme
06-25 02:15 PM
^^^^^^
Excellent initiative ! Let's do it !
Excellent initiative ! Let's do it !
amitjoey
05-03 12:05 PM
I have few united air miles, which I can donate.
Thanks ruby, get in touch with pappu or the core team. PM Pappu.
Thanks ruby, get in touch with pappu or the core team. PM Pappu.
lifestrikes
03-10 10:08 AM
I wanted to create this thread to post all the news about legal immigration. Even though we have this Forum for News and Reports, having specific thread that contains news, articles about Legal Immigration will be useful.
HRPRO
02-10 09:29 AM
Dude Really?
LA and Bay Area in the same county?
LA and Bay Area in the same county?
jq45
06-15 09:53 AM
The USCIS PDF for I-693 (http://www.uscis.gov/files/form/I-693.pdf) says "OMB No. 1615-0033; Expires 06/30/07" at the top of the form. At the bottom it says "Form I-693 (Rev. 09/16/05) Y". Will we be able to submit this form if we get the medical exam done now and file it with the I-485 on July 1 or later?
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
I found another version of the PDF which says "OMB No. 1615-0064; Expires 05/31/08" at the top and "Form I-693 (Rev. 09/16/05) N" at the bottom. I've only found this at these sites:
http://immigrationadvice.net/I-693.pdf
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web895.pdf
But I'm not sure which one should be used because of the upcoming expiry date on the one from uscis.gov, versus the one with the later expiry date on these other sites. Does this expiry date matter?
I'm going to my medical exam in 1 1/2 hours -- if anyone can post a response before then, that'd be much appreciated!
I don't know if the doctor will use my copy or provide a copy. Is it a problem if the doctor provides and uses the older form?
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