xyzqwer
01-22 11:05 AM
Hello,
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
Here is my situation.
- I'm under EB2 - RoW category. My I-140 just got approved and I was preparing to file for my I-485 (current)
- I went to the Bahamas last week to get my 3 year H1B renewal stamping but it was denied due to employer issues and I was forced to go back to India.
- Now I cant go back to US to file my 485. My company is still offering to help me on my GC.
I'm still reeling from the shock of my H1B denial. What are my options now?
Is Consular processing the way to go? Will loosing my H1B status have any effect on CP?
Should I start CP immediately or can I wait a few months to try to get back to the US on a new H1B?
Can anyone point me to some online materials detailing CP.
Thanks in advance.
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keepwalking
05-14 05:41 PM
Thank You
Texas
Texas
helpful_leo
02-03 12:31 AM
The bill seems to apply to future PhD candidates who will come on an "F4" visa. Will current PhD candidates who will graduate on an F1 visa be similarly able to adjust status after 1 year of employment? If it does not, the potential benefits will be seen only after 4-6 years, which is when new candidates on an F4 visa will be getting their PhDs!
Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!
Interested individuals should contact lawmakers about these points and have them amend it!
Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!
Interested individuals should contact lawmakers about these points and have them amend it!
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chapsi29
04-02 11:22 AM
Thanks for the immediate response.
Well in my GC labor application, I see 2 wages and both are above my salary. With pay checks pending, my W2 income for 2007 is going to be even lower than my annual salary. Thats why I am very concerned. I have not received my pay stubs too but I can get it if I want to. They said they can issue the pay stubs but there is going to be a delay in paying the salary as the company is going through some financial problems..
Does the USCIS check my W2 income for 2007? How do they get access to that info ? Just curious. Does the IRS and USCIS communicate in this process?
Thanks
Well in my GC labor application, I see 2 wages and both are above my salary. With pay checks pending, my W2 income for 2007 is going to be even lower than my annual salary. Thats why I am very concerned. I have not received my pay stubs too but I can get it if I want to. They said they can issue the pay stubs but there is going to be a delay in paying the salary as the company is going through some financial problems..
Does the USCIS check my W2 income for 2007? How do they get access to that info ? Just curious. Does the IRS and USCIS communicate in this process?
Thanks
more...
gc_on_demand
06-02 07:28 PM
I booked for my parents and deal was 700 USD for return from India to JFk + 1 free reschedule and second one for 30 USD ...
bigboy007
11-23 09:59 AM
do we need a UK visa even if we have a valid stamped US passport?
nope... but what do you mean by "Stamped US Passport"
nope... but what do you mean by "Stamped US Passport"
more...
god_bless_you
04-27 12:53 PM
With the following conditions:
Approved 140( already 6 months over)
8th Year H1B extension
485 not filed(Regression!!)
it is necessary that previous Employer has to keep I140 open Right??
Approved 140( already 6 months over)
8th Year H1B extension
485 not filed(Regression!!)
it is necessary that previous Employer has to keep I140 open Right??
2010 images of cats
nousername
02-25 04:35 PM
You are wrong, H1 by it's definition is a dual intent visa. On the other hand F1 is where it is assumed that you will go back after completing your education.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
H1B is temporary visa.
Green Card is permanent.
On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.
So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.
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reachinus
07-14 11:59 AM
USICS has receipted 485 in July check this out - lin0720051244, lin0720551216, lin0720551217 & lin0720551219
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go_guy123
01-06 11:00 AM
CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!
"That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.
My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House
"That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.
My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House
more...
meimmi
03-09 04:20 PM
Hi, Is there anybody in this forum who has filed G-28 for self? Can somebody please advise what to fill? I am going thru the G-28 form right now, it has the following option:
1. I am an attorney...
2. I am acredited representative of religious, charitable trust....
3. I am associated with -------- the attorney of record previously filed a notice of appearance...(in this case, please check 1 or 2 as appropriate)
4. Others (Explain fully).
I guess if we have to file for self, we need to check others.
Can someone please advise what to write in the explanation? Also, does USCIS acknowledge the change of record or at least the receipt of G-28? Can this be filed even before sending AC21 letter? Is there anyway the existing lawyer/company will know about this? Thanks in advance for the reply.
1. I am an attorney...
2. I am acredited representative of religious, charitable trust....
3. I am associated with -------- the attorney of record previously filed a notice of appearance...(in this case, please check 1 or 2 as appropriate)
4. Others (Explain fully).
I guess if we have to file for self, we need to check others.
Can someone please advise what to write in the explanation? Also, does USCIS acknowledge the change of record or at least the receipt of G-28? Can this be filed even before sending AC21 letter? Is there anyway the existing lawyer/company will know about this? Thanks in advance for the reply.
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waitingnwaiting
10-05 10:34 AM
I am planning to go to India with my family in december. Please suggest some tourist spots across India.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Your ID is offensive, TelanganaINDIA
So here is a lesson for you
Go to Calcutta and visit Missionaries of Charity. Donate some of your dollars there for a good cause.
Then go to Bombay Dharavi slums.
Then go to villages in India and live with poor.
Your family will understand the reality of this world and become better human beings with you. Or they will think Andhra is a country and Andhrites are the only people in this world. It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.
Not the usual ones like tajmahal or gateway of india etc. Thank you.
Your ID is offensive, TelanganaINDIA
So here is a lesson for you
Go to Calcutta and visit Missionaries of Charity. Donate some of your dollars there for a good cause.
Then go to Bombay Dharavi slums.
Then go to villages in India and live with poor.
Your family will understand the reality of this world and become better human beings with you. Or they will think Andhra is a country and Andhrites are the only people in this world. It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.
more...
house layouts lots of Cats
vhd999
02-04 06:27 PM
I guess it does not matter...I have sent USPS envelops.
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sheela
08-23 10:50 AM
Here's a killer.
- Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
- When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
- GC approved on Aug 9
- Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
- No idea where my EAD apps are!!! not that it matters
GAWD - Some serious system fixes need to be done at USCIS......
Congrats!!!
I am happy for you. This wait and hope when the dates are current is very taxing. may lady luck smile on me too
- Applied for EAD and AP renewal for self, spouse and child (total 5 apps) with a RD of July 22 and ND of July 23, 2008.
- When I would check the case status online for my renewal apps, I kept getting a message "Case Retreival falied. Receipt # DOES NOT EXIST" :eek::eek::eek:
- GC approved on Aug 9
- Lawyer gets a copy of my Approval Notice for I-485 on August 20 and sends a copy to me by overnight mail ALONG with the renewal AP which was approved on August 18 - a good nine days after GC approval:confused::confused::confused:
- No idea where my EAD apps are!!! not that it matters
GAWD - Some serious system fixes need to be done at USCIS......
Congrats!!!
I am happy for you. This wait and hope when the dates are current is very taxing. may lady luck smile on me too
more...
pictures images of cats.
pa_arora
09-24 12:05 AM
I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.
I am sure somebody is working on your case.
cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)
Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.
I am sure somebody is working on your case.
cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)
Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.
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snathan
04-28 05:40 PM
Until you know the reason for denial, its difficult to give any opinion. If you know the chances are very low if you are going for appeal, I would still advise you for that to get some time.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
1. When your appeal is pending you can use the approved PERM to get your H1B if you are beyond 6 years.
2. If your I-140 is denied, it will trigger the I-485 denial.
3. If your I-485 is denied, the EAD is become invalid. Then I am not sure about the AP status.
I am not sure but think you can use EAD if you go for appeal...
So its always good to have H1B as back up for EAD and AP. At least you will be in status.
more...
makeup images of cats.
kinaz
01-31 09:32 AM
Hi! I was on H4 for 3.5 years before getting a H1 when I joined a Residency program as a Pediatrician. Since for residency we sign 1 year contracts at the beginning of each year, my H1's are being done similarly as well. So they apply for 1 year H1's every year. I am in my 2nd and will be getting the 3 rd one in a few months.
My question...does my 3.5 year on H4 get counted towards the H1's 6 year limit.
Thanks in advance. Regards,RS
My question...does my 3.5 year on H4 get counted towards the H1's 6 year limit.
Thanks in advance. Regards,RS
girlfriend images of cats
srikondoji
12-17 02:08 AM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4406.html (January 2009)
Eb2 advanced by one month and EB3 by 15 days.
Enjoy the new year
Eb2 advanced by one month and EB3 by 15 days.
Enjoy the new year
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looneytunezez
04-06 04:33 PM
pertinent????........ really? :cool: I would hope it is pertinent to what you do.....:rolleyes:
i think you should consult a labor attorney to find out if the "contract" is valid and enforcable in your state.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
i think you should consult a labor attorney to find out if the "contract" is valid and enforcable in your state.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
veni001
09-07 11:25 AM
Hi All,
Friends, I have few questions regarding EB2 category and need your help & advice.
What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.
Thanks in advance for your time.
Regards,
javans.
Employment-Based Immigration: Second Preference EB-2
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
:D
Friends, I have few questions regarding EB2 category and need your help & advice.
What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.
Thanks in advance for your time.
Regards,
javans.
Employment-Based Immigration: Second Preference EB-2
USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)
:D
mrow
07-07 10:21 PM
My thoughts:
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
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