JazzByTheBay
09-14 03:27 PM
Glad to know we're advertising on the radio station, as one member suggested.
Proof of what we can do collectively, and IV is really an organization driven by members, of the members, for the members, by the members.
GO IV GO!
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
He is the best - I am at work - but will listen to the radio.
Way to go logiclife - we are with you
Proof of what we can do collectively, and IV is really an organization driven by members, of the members, for the members, by the members.
GO IV GO!
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
He is the best - I am at work - but will listen to the radio.
Way to go logiclife - we are with you
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pappusheth
05-02 11:51 AM
based on what bbct said, they'll give me i-94 with expiry in Aug 2009 which is my visa expiry date (I don't have AP). just curious.. how does the i-94 expiry date matter? what significance does that date have?
Secondly, my wife does not have h1/h4 but has an EAD (485 pending status). She will be entering with me using her AP which is valid thru June 05, 2009. I'm guessing entering US should not be a problem since we're entering on May 11th. But I guess the expiry on her I-94 will be June 05, 2009. Again, what role does that date on I-94 play?
Thanks guys for your replies. I've found it very helpful to clear confusion and have peace of mind while travelling.
pappusheth
Secondly, my wife does not have h1/h4 but has an EAD (485 pending status). She will be entering with me using her AP which is valid thru June 05, 2009. I'm guessing entering US should not be a problem since we're entering on May 11th. But I guess the expiry on her I-94 will be June 05, 2009. Again, what role does that date on I-94 play?
Thanks guys for your replies. I've found it very helpful to clear confusion and have peace of mind while travelling.
pappusheth
eb3_nepa
10-02 01:04 PM
But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.
In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).
In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.
In the event you have a new 797 (with a new I94 attached to it), you are expected to staple that to your passport. You'd note that the new 94 WILL have the same number as the old one in the passport (if you've not travelled out of US in the interim period).
In this case I usually take out the old I94s and staple the new one in that place. Don't know if that's right or wrong, but I haven't had an issue until now.
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AB1275
12-12 01:03 PM
I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.
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ps57002
09-09 02:37 PM
Please advise.
Received the following RFE: a photocopy of birth certificate issued by local registrar if person was born in a city or a photocopy of birth certificate issued by additional district's registrar's office if person was born in village: If person has completed 10th grade or above, please also submit a photocopy of their education board certificate.
Docs I have: an attested true copy (notarized) of my birth certificate in Hindi. Not very legible. Has a first name for me which is not name I go by. I think it was used to just complete birth certificate as actual name was set based on time/date of birth etc. Affadavits from parents and an uncle stating my parents name and DOB. I also have another version of these where they state that I was known by a nickname (as on my birth certificate) as a child. I also have a notarized letter from Indian consulate stating that according to my passports, I was born to x and y parents with a DOB of such and such. As for education certificates, I completed 10th in india, then transfered to USA and had to redo it here (yes i've been in usa for ages). I don't have any paperwork related to my 10th in India. i do have letters of transfer from completeing 8th grade in a different country to be used in India which states parents name and DOB.
I don't remember what was submitted during July 07 fiasco regarding this. I think unfortunately my birth certificate was submitted with letters from consulate and uncle (one where it states i was known by a different nickname). Unfortunately my lawyer doesn't seem to have checked everything well before submitting.
What should I do now? Please advise what i can submit to correct this?
*Since it seems BC was submitted, getting a letter to it's nonavailability is out of question (and very hard to get since I have a BC). so should i get whatever translation I can of the letter (very illegible) and have that letter be notarized?
*Once i get that translation, it will show BC has different name? Should i then submit affadavits from parents regarding name, DOB, place of birth, with note that as a child I was known by nickname that is on my BC? The letters I have are from 2007, can I continue to use these affadavits? I can re-add consulate's letter that according to passports, my parents are such and such etc.
*As for education certificate? Should I get transcript from H.S. showing I did my 10th here and submit the letter of transfer after my 8th grade that shows info on my parents and DOB. or does it have to be something after 10th and higher? In USA docs usually don't state parent information.
Please help as I'm very stressed about this....
Thanks.
Received the following RFE: a photocopy of birth certificate issued by local registrar if person was born in a city or a photocopy of birth certificate issued by additional district's registrar's office if person was born in village: If person has completed 10th grade or above, please also submit a photocopy of their education board certificate.
Docs I have: an attested true copy (notarized) of my birth certificate in Hindi. Not very legible. Has a first name for me which is not name I go by. I think it was used to just complete birth certificate as actual name was set based on time/date of birth etc. Affadavits from parents and an uncle stating my parents name and DOB. I also have another version of these where they state that I was known by a nickname (as on my birth certificate) as a child. I also have a notarized letter from Indian consulate stating that according to my passports, I was born to x and y parents with a DOB of such and such. As for education certificates, I completed 10th in india, then transfered to USA and had to redo it here (yes i've been in usa for ages). I don't have any paperwork related to my 10th in India. i do have letters of transfer from completeing 8th grade in a different country to be used in India which states parents name and DOB.
I don't remember what was submitted during July 07 fiasco regarding this. I think unfortunately my birth certificate was submitted with letters from consulate and uncle (one where it states i was known by a different nickname). Unfortunately my lawyer doesn't seem to have checked everything well before submitting.
What should I do now? Please advise what i can submit to correct this?
*Since it seems BC was submitted, getting a letter to it's nonavailability is out of question (and very hard to get since I have a BC). so should i get whatever translation I can of the letter (very illegible) and have that letter be notarized?
*Once i get that translation, it will show BC has different name? Should i then submit affadavits from parents regarding name, DOB, place of birth, with note that as a child I was known by nickname that is on my BC? The letters I have are from 2007, can I continue to use these affadavits? I can re-add consulate's letter that according to passports, my parents are such and such etc.
*As for education certificate? Should I get transcript from H.S. showing I did my 10th here and submit the letter of transfer after my 8th grade that shows info on my parents and DOB. or does it have to be something after 10th and higher? In USA docs usually don't state parent information.
Please help as I'm very stressed about this....
Thanks.
jonty_11
03-02 02:25 PM
Exception 4 - have a question around this statement: For German transit VISA
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
- are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit
do not need transit VISA.
Does that mean if you are travelling from India to US (with valid US Visitor VISA) u need a transit VISA.
Above exception seem to appy only if u are travelling to country that issued u the VISA (india), but in this case we are travelling from that Country to US.
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cooler
07-20 07:19 AM
You raise a good point Maverick_08. At some point, GC no longer holds the same perceived value as one initially had assigned to it. A lot of us in this forum have been around for a decade or more (myself included) and have reached a tipping point of sorts.Those who applied for GC and were fortunate to have got it soon, probably did not go through the same level of frustration and angst that some of the others have.
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
In the last decade of living here a lot has probably changed in ones life. In my case
1) Perception on life.
2) Understanding the essence of being happy and what is truly important in life.
3) Tired of the Rat race (IT job)
4) Parents/old age
5) Desire to simplify life and go back to the basics.
Inspite of that some of us continue to wait (including me) for the elusive GC and then consider moving back with a potential option to return back. All for what??
Anyways, these are just ramblings from a tortured soul.
Folks, feel free to throw in your two cents about how life has changed since you applied GC and whether it really is worth it?
cooler
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shreekhand
07-26 10:06 PM
Dear Vikram,
Maybe you can list the sites you have configured to search in this custom search and we can suggest adding a few more if need be.
Nice work.
Maybe you can list the sites you have configured to search in this custom search and we can suggest adding a few more if need be.
Nice work.
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nandakumar
01-18 02:35 AM
This is an wonderful opportunity to help your self.
Please participate and show your support.
Please participate and show your support.
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jatinr
08-17 10:12 PM
And you will there with your friend...//wink.. correct.
USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.
USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.
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designserve
11-08 01:12 PM
The embassy is free nowadays... calendar opens up 2 weeks before. I went thru the process 2 months ago...It was the same.
hot Posted by hairstyles20. Long
krishmunn
03-07 12:23 PM
You will retain your PD.
If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.
That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.
If your employer recalls the 140 it could casue potential disruptions. If you have an EAD, just port your employment to some other employer. That way you will be dealing with less hassles.
That is not correct. Even if employer revokes it, the PD is good. The only time you will loss PD is if CIS revokes it due to fraud.
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insbaby
07-16 07:05 PM
Hi,
My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare
Please let me know if PCC is must from US consulate only
Hopefully you have not sent email to US Consulate, Delhi asking what they suggest on this.
Looks like you have not been to India for a long time.
Even local police personnel are well educated on why you are looking for police certificate and its value. Also if it is related to US Immigration, most of them have instructions on what to do.
So please be prepared to face it. If you end up doing what you have asked for, it will not be that much cheap.
A coffee in a Level 3 city costs Rs.25, A lunch costs Rs.60- Rs.100. Do you think a PCC can be obtained for Rs.100 - Rs.200 targeted towards US Immigration?
You will be surprised to see yourself counting every $ spending in India. Thats the reality now.
Basic Rule: Be patient on any treatment you receive if you want to get your job done. At this short time, do not send passport in mail/fedex/ups/usps to any place. Even if it is expensive, travel.
Good luck.
My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare
Please let me know if PCC is must from US consulate only
Hopefully you have not sent email to US Consulate, Delhi asking what they suggest on this.
Looks like you have not been to India for a long time.
Even local police personnel are well educated on why you are looking for police certificate and its value. Also if it is related to US Immigration, most of them have instructions on what to do.
So please be prepared to face it. If you end up doing what you have asked for, it will not be that much cheap.
A coffee in a Level 3 city costs Rs.25, A lunch costs Rs.60- Rs.100. Do you think a PCC can be obtained for Rs.100 - Rs.200 targeted towards US Immigration?
You will be surprised to see yourself counting every $ spending in India. Thats the reality now.
Basic Rule: Be patient on any treatment you receive if you want to get your job done. At this short time, do not send passport in mail/fedex/ups/usps to any place. Even if it is expensive, travel.
Good luck.
tattoo Posted by hairstyles20
maxy
04-28 09:53 AM
when you say new fees, i assuem it is $340 . Correct ??
correct.
but i am not sure renewal will be for 1 yr or 3 yrs ?
anyone here knows..?
correct.
but i am not sure renewal will be for 1 yr or 3 yrs ?
anyone here knows..?
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karthkc
06-02 11:19 AM
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.
In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.
Here is a posting I found from a while ago on this..
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341
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gc_bulgaria
10-09 04:18 PM
http://www.immigration-law.com/
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication
When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."
(1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
(2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.
(3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.
more...
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immigrationvoice1
10-05 12:05 PM
What does your online status say? Mine changed today and says the following:
Current Status: Approval notice sent.
On October 3, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT.
No idea what it means though. If you are a July 2nd filer, the above surely should not mean I am about to receive mine anytime now...Confused:confused:
Current Status: Approval notice sent.
On October 3, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT.
No idea what it means though. If you are a July 2nd filer, the above surely should not mean I am about to receive mine anytime now...Confused:confused:
girlfriend Posted by hairstyles20
gcpadmavyuh
10-12 09:05 AM
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
Dear experts.. Need your advise..
I stayed in US for full 5 years on L1-B. After 5 years period I applied for H1-B and returned to Inida on 1-Jan-07. And I got H1-B in lottery. Below are my queries
1) My I-797 says that its valid for only one year till October 2008. What could be the reason. (Because I stayed 5 years in US? )
2) So is it advisable to go to stamping after 1-Jan-08? Or can I go for stamping now? I don't want to be in a situtation where I'll b given Visa till Jan'08?
3) Now my company wants to apply for L1-A. What happens to my current H1-B if L1 is applied?
Assuming applying L1 is not going to be invalidate my H1 papers,
4) If I go for L1 stamping, will it invalidate my H1-B papers?
5) If I come to US on L1, is it possible to change status to H1?
Any help will be greatly appreciated.
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snathan
04-28 08:18 PM
Hi Folks!
I know this is a known topic. I was engaged to a GIRL in INDIA and i got my gc. I know there are limited options of bringing her here once i get married. Can you please let me know the options i have and the best option.
Thanks a lot in advance
Ravi
I dont know what you are looking as you already know the options are limited. I dont see much hope other than applying the GC in family based GC. Once you are starting the GC for your fiance/wfe, it would be difficult to even get the B1 as its not dual intent visa.
Or you have to wait for five years, get your USC and apply her GC. As the GC is not yet started you can give a try for B1/B2.
I know this is a known topic. I was engaged to a GIRL in INDIA and i got my gc. I know there are limited options of bringing her here once i get married. Can you please let me know the options i have and the best option.
Thanks a lot in advance
Ravi
I dont know what you are looking as you already know the options are limited. I dont see much hope other than applying the GC in family based GC. Once you are starting the GC for your fiance/wfe, it would be difficult to even get the B1 as its not dual intent visa.
Or you have to wait for five years, get your USC and apply her GC. As the GC is not yet started you can give a try for B1/B2.
Riakapoor
09-16 03:53 PM
Hello All,
I am on a dependent EAD. I lost my job (laid off) few days back. Can I enroll for unemplyment benefits as i am reading the threads that dependents can enroll into UB. But just want to make sure before going forward. We are on I-485 pending status.
Please suggest.
Thanks in Advance!
I am on a dependent EAD. I lost my job (laid off) few days back. Can I enroll for unemplyment benefits as i am reading the threads that dependents can enroll into UB. But just want to make sure before going forward. We are on I-485 pending status.
Please suggest.
Thanks in Advance!
leo_loco
10-14 11:24 AM
All:
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
My parents are going to visit USA first time. Does anyone of you suggest Medical Insurance information ? I am not sure which company I should choose for visitor Medical Insurance.
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