raviram1980
01-15 07:12 AM
Hi All,
I would greatly appreciate if you can respond to my query. I went for Visa Stamping Interview at New Delhi Consulate on 3rd Dec. I was given a pink slip /administrative processing and told by VO that i will get a response within 3 weeks, but it has been 6 weeks now and my case is still pending. I wanted to know
1. if I can withdraw my H-1B visa stamping and travel back on Advanced Parole ?
2. If I go back using my AP would my H-1B visa be invalid and would I have to use my EAD for working ?
3. My AP right now is back in USA with my wife. Is there any issue if she sends it by courier to me here in India ?
Please let me know at your earliest convenience,
Thanks
I would greatly appreciate if you can respond to my query. I went for Visa Stamping Interview at New Delhi Consulate on 3rd Dec. I was given a pink slip /administrative processing and told by VO that i will get a response within 3 weeks, but it has been 6 weeks now and my case is still pending. I wanted to know
1. if I can withdraw my H-1B visa stamping and travel back on Advanced Parole ?
2. If I go back using my AP would my H-1B visa be invalid and would I have to use my EAD for working ?
3. My AP right now is back in USA with my wife. Is there any issue if she sends it by courier to me here in India ?
Please let me know at your earliest convenience,
Thanks
chanduv23
11-07 04:55 PM
Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????
This is the 'A' of ABCD of Labor application if your employers doen't understand it than......
But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????
styrum
02-13 11:50 AM
Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM!
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
gconmymind
04-30 01:25 PM
Your wife's status should not be an issue if you are on H1, whether with your current employer or new employer. Do not use EAD until your wife has filed for 485 or is on her independent visa like H1, L1, F1, etc.
more...
Nakano
05-13 05:12 PM
Hi Ruban,
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
vin13
01-07 02:20 PM
Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.
If you just need the procedure and no discussion then why not call the unemployment office in your local area and find out yourself.
If you just need the procedure and no discussion then why not call the unemployment office in your local area and find out yourself.
more...
kopra
02-25 12:19 PM
Yes you can say you didnt join them . Again, of all the cases i have heard , people at POE hasnt created any issue for H4 Re-entry.please take a one time appt with any good immigration att. so that you dont have to worry
Thanks Kopra for the reply.
Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.
Thanks Kopra for the reply.
Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.
Gator
04-11 08:10 PM
Today I found out that my RFE wasn't answered at all as opposed to being late.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
Bascially, the attorney screwed me. My company wasn't happy with them and was in the process of moving all existing cases to a new firm and my RFE was supposed to be one of the last for the old firm. And apparently they didn't send it out, quoting miscommunication from my company that my case was transfered to the new firm as well.
So does 'not answering an RFE at all' change anything for my case or can I still do MTR and then appeal as suggested by the members.
And it seems like MTRs take at least a year in most cases. So is it a valid option to file a new I-140?
Appreciate your help and advise
fyi..I did not file concurrently but my I-485 was denied the same day as my I-140.
more...
raviram1980
01-15 01:19 PM
Thanks a lot for your reply and to everyone else who replied to my thread
roseball
02-15 10:51 AM
Recently, my friend was in a very similar situation. His 6th year was expiring Feb 22nd, 2007 and he had a I-797 approval based on an approved I-140 starting Feb 23rd, 2007 to Feb 22, 2010.
He went to India in December' 06 and came back to US sometime in Jan, 07. He got his visa stamped till 2010 at the Delhi embassy.
At the Chicago port of entry, he just showed the officer the new I-797 so he can get an I-94 valid till 2010. Firstly, the officer denied him entry to US since his I-797 didnt start till Feb 23rd, 2007. Then my friend explained him and showed him his old I-797 which was valid till Feb 22nd, 2007. Then the officer cooled off and said he can only allow him until Feb 22nd as he cannot give him an I-94 based on a future dated I-797 approval. My friend tried to explain him and seems like he didnt even listen. But the officer told him that he can extend his I-94 by some procedure by contacting the local/regional USCIS office or by re-entering the country immediately after the current I-94 expiration. He is now planning to re-enter the country again to get a new I-94 valid till 2010.
So, if I were you, if possible, I would only go to Canada after the latest I-797 approval start date so the whole thing is straight forward to get a new I-94 until the latest I-797 approval date. What I am trying to say is that your visa stamping wont be a problem, the issue could be to get a new I-94...Hope this makes sense..
He went to India in December' 06 and came back to US sometime in Jan, 07. He got his visa stamped till 2010 at the Delhi embassy.
At the Chicago port of entry, he just showed the officer the new I-797 so he can get an I-94 valid till 2010. Firstly, the officer denied him entry to US since his I-797 didnt start till Feb 23rd, 2007. Then my friend explained him and showed him his old I-797 which was valid till Feb 22nd, 2007. Then the officer cooled off and said he can only allow him until Feb 22nd as he cannot give him an I-94 based on a future dated I-797 approval. My friend tried to explain him and seems like he didnt even listen. But the officer told him that he can extend his I-94 by some procedure by contacting the local/regional USCIS office or by re-entering the country immediately after the current I-94 expiration. He is now planning to re-enter the country again to get a new I-94 valid till 2010.
So, if I were you, if possible, I would only go to Canada after the latest I-797 approval start date so the whole thing is straight forward to get a new I-94 until the latest I-797 approval date. What I am trying to say is that your visa stamping wont be a problem, the issue could be to get a new I-94...Hope this makes sense..
more...
raaki
11-06 01:38 PM
I am July 3rd filer and just checked my status online.Parole document mailed today
sukhwinderd
09-14 04:04 PM
please read
more...
Lasantha
01-25 09:21 PM
You can create a new account with a new email address and then use that to point to the same case numbers. This would be the best approach if you don't have the contact numbers.
bestia
01-27 02:15 PM
These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.
more...
dreeft
10-29 12:32 AM
dreeft, you could set it up as subcontracting work out though, all the work being funneled through one person and then subcontracted to other members of the "group"
Then it wouldn't be a business and hence would be a "group" of freelancers :P
I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?
Yes, that was what I was getting at. He'd still need to start the "business" up and then subcontract to other "businesses".. :D
Then it wouldn't be a business and hence would be a "group" of freelancers :P
I'd be interested if you could find some jobs Flash-Matic, do you have AIM or MSN?
Yes, that was what I was getting at. He'd still need to start the "business" up and then subcontract to other "businesses".. :D
sku
12-31 12:43 AM
Bump
more...
sidkap
10-26 10:19 AM
our receipt numbers also start with SRC08007 and its not showing up online.
checks got cleared on 11th Oct .no ead or receipt yet
checks got cleared on 11th Oct .no ead or receipt yet
kevinkris
05-07 09:34 PM
Now they want to visit client place for the H1b people.
There are only 415,000 H1-b holders in USA.
And number of employed labor in USA are 144 million. (as per DOL)
And we form 0.28% of the workforce in the entire USA.
Why the hell they are whining about 0.28% ??
Can anybody tell me if i am wrong with numbers here?
---------------------------------------------------------
05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits
Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
---------------------------------------------------------
---------------------------------------------------------
Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
2008: 409,619
2007: 461,730
2006: 431,853
2005: 407,418
2004: 386,821
Reach of H-1B Cap in Recent Fiscal Years
2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
2009: 1 day
2008: 2 days
2007: 56 days
2006: 132 days
2005: 184 days
2004: 323 days
The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?
---------------------------------------------------------
There are only 415,000 H1-b holders in USA.
And number of employed labor in USA are 144 million. (as per DOL)
And we form 0.28% of the workforce in the entire USA.
Why the hell they are whining about 0.28% ??
Can anybody tell me if i am wrong with numbers here?
---------------------------------------------------------
05/07/2009: DHS Reportedly Stepping Up Enforcement of the H-1B Program Including Work Site Visits
Report indicates that DHS Security Secretary Janet Napolitano told at a Senate Judiciary Committee hearing yesterday that her agency was stepping up its enforcement of the H-1B program. She reportedly said that over the last month the department has added fraud prevention tactics that were not being used previously in the H-1B program. Those measures include visits to work sites.
---------------------------------------------------------
---------------------------------------------------------
Statistics of H-1B Visa Holders in the U.S. and Reach of H-1B Cap in Recent Years
Total H1-B Visa Holders in the U.S. in Recent Fiscal Years
2008: 409,619
2007: 461,730
2006: 431,853
2005: 407,418
2004: 386,821
Reach of H-1B Cap in Recent Fiscal Years
2010: Still Open, and Going and Going, as of 04/11/2009! May be it will record the statistics between 2007 and 2008.
2009: 1 day
2008: 2 days
2007: 56 days
2006: 132 days
2005: 184 days
2004: 323 days
The total H-1B holders steadily increased until 2008 when it dropped substantially. Probably it was affected by FY 2007 July Visa Bulletin fiaso which opened the flood gate for EB-485 filings with no visa number cut-off date in July 2007, accompanied by massive issuance of EAD allowing some of the H-1Bs in this stream to drop out ofH-1B status and use EAD, most of which were issued beginning from November 2007. There being no such event in 2009, presumedly the total numbe of H-1B holders in 2009 might have increased. Considering the fact that every year a same new number of H-1B holders are added to the total pool, a large number of H-1Bs have kept extending their H-1B status on and on. Additionally, the fact that overall the total H-1B holder numbers remained steady may indicate that more or less of from 85,000 to 100,000 numbers of H-1B are added to the pool and about the same number moved out of the pool, mostly into green card holder pool, adding flesh blood ofvaluable workers to the main stream of this country. It Ain't Interesting?
---------------------------------------------------------
snathan
02-04 01:19 AM
My PERM has been pending for over one year, and I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped “Certified True Copy” with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped “Certified True Copy” with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.
This is my personel experience only....so check with others also...
When I went to stamping for the first time in india, I did not even have any ticket or any plan for the US trip. H1 is dual intend visa. So I believe only for non-dual visa like B1, one need to prove that you will return and have the flight ticket.
This is my personel experience only....so check with others also...
When I went to stamping for the first time in india, I did not even have any ticket or any plan for the US trip. H1 is dual intend visa. So I believe only for non-dual visa like B1, one need to prove that you will return and have the flight ticket.
GCBy3000
09-09 08:49 AM
Add you have to be logged in message somewhere in the top. Many members does not know that they have to be logged in to participate in the poll.
Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.
Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.
waitingimmigrant
10-21 04:17 PM
Reviewed by the judiciary commitee... they are reviewing it...
On asking about the timeline the lady at that no. said she
didnt know by what time will they be done ...
On asking about the timeline the lady at that no. said she
didnt know by what time will they be done ...
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