WeldonSprings
01-29 12:42 AM
Also, the E-Verify bill was supposed to expire this March 06, 2009; but has been extended by four years because of the House Stimulus Bill. It is still in the senate. It has to be stopped.
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vxg
08-31 02:03 PM
Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.
kanaka
The FP done for AP does not apply to I-485, the two are separate.
kanaka
The FP done for AP does not apply to I-485, the two are separate.
smartimss
10-23 10:10 AM
Spouse application (secondary 485) is approved and received card in 2 months back but mine (primary application) is still pending? Is one in same boat? Please advice?
India EB3; PD: Feb 2002
Service Center: NSC
Receipt Date: 06/06/2007.
Notice Date: 06/15/2007.
India EB3; PD: Feb 2002
Service Center: NSC
Receipt Date: 06/06/2007.
Notice Date: 06/15/2007.
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desi3933
06-30 01:56 PM
....
I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr./Ms. P. Saxena -
Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.
USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)
Hopefully this clears your confusion,
Have a good day!
desi3933
I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.
Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.
Mr./Ms. P. Saxena -
Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.
USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)
Hopefully this clears your confusion,
Have a good day!
desi3933
more...
waitnwatch
07-17 12:06 PM
As of now this thread has had over 3700 views! GCK..... definitely knows how to get attention.
neel_gump
01-29 12:02 PM
you should be lucky enough to get in 15 days :) my son's PIO took 5 weeks...
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amulchandra
05-10 01:22 PM
Hi all,
I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.
When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).
Did anyone get an appointment successfully ?
The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.
Can anyone please help me out and guide me through the process.
Thanks in advance
Amul
I have been trying to get an appointment from Hyderabad consulate, AP, India for the past two days on 27th or 28th of May 2009.
When I check the availability, the website shows that 27 thru 29th of May are available for appointments. But after I create and save the application it doesn't take me to the page where I can select the appointment dates. We sent an email to VFS customer support but till now we did not receive any reply.We are two H1bs(myself and my husband) and two H4s(kids).
Did anyone get an appointment successfully ?
The entire process of H1b revalidation itself is a tormenting procedure. On the top of it VFS website is really annoying.Sorry for venting my frustration.
Can anyone please help me out and guide me through the process.
Thanks in advance
Amul
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seekerofpeace
09-09 10:16 AM
Gimmegreen,
I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....
I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...
Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...
Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"
SoP
I received same email as you did....just "Approval notice sent" and that too for me nothing so far for my wife....
I was wondering that the difference between..."approval notice sent" and "welcome/CPO email" is that the former is still far from getting the card and needs some actions and more stress test done before the actual cards and the latter is all clear...
Also my case was "Texas original" though it moved to CSC and back....I think different centers are sending different emails...." a WAC case...
Will keep my finger crossed...just worried that my wife may miss the boat this time too...she was a dependent and our files must have moved together....Her status is still the old one "Case transfered to the center which has jurisdiction"
SoP
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newlife2
09-19 12:03 PM
Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
If I do mention it:
Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.
Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.
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xbohdpukc
09-25 02:45 PM
If this is derivative, then how come H1 obtained should be counted towards H4. H1 is standalone and should not be counted.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
Again, my wife is on H4 for 6 years and I did not get into 485 stage. Now she wants to go to India and come back after a one year break. If she comes back after a year on new H1, it would be fine for her. If she come back on H4, can she get a H1 after one year?
Any idea, whether this is possible?
Ur missing the point.
The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.
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ganguteli
04-17 12:14 PM
Ganguteli,
I am sorry to say this, why do you always try to create controversy. If you don't want to answer you should have kept quiet. No hard feelings my friend. I know that there is not a definite answer for my question, but I have posted here just to take expertise from our friends from their previous experiences. Lets say if you are going for a visa, don't you do your homework instead of leaving everything to the mercy of the officer?
If you look at my personal perspective, I am trying to be careful during these hard times.
No hard feelings. Take it in lighter vein. The question caught my attention.
I am sorry to say this, why do you always try to create controversy. If you don't want to answer you should have kept quiet. No hard feelings my friend. I know that there is not a definite answer for my question, but I have posted here just to take expertise from our friends from their previous experiences. Lets say if you are going for a visa, don't you do your homework instead of leaving everything to the mercy of the officer?
If you look at my personal perspective, I am trying to be careful during these hard times.
No hard feelings. Take it in lighter vein. The question caught my attention.
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lostinbeta
10-16 01:00 PM
It is a default shape in Photoshop 7. You can view my attachment to see what it looks like.
They might have it in Photoshop 6, not sure.
They might have it in Photoshop 6, not sure.
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thepaew
11-09 07:43 AM
I have decent writing skills and can help with writing or reviewing any documents or presentation materials. I don't live near the DC area but am willing to meet MA lawmakers locally.
--
MA Chapter
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MA Chapter
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simple1
05-12 12:41 PM
Thanks a lot for the thoughts. The same logic will nullify the ebdependent to qualify for ebquota. How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications).
Take an example:
H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1 (dependent gets L2) the quota doesnt apply in L1.
If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.
Yes, I don’t agree with you on the interpretation linking ebdependents with ebquota.
Please note: My primary argument here is "ebdependents out of ebquota". I really don’t care where ebdependents belong as long as they are not counted in ebquota.
I am already in "Ask an Attorney" forum and want to hear attorney’s thoughts.
Please comment only in the member and donor threads and Let us keep this for Attorney only.
Take an example:
H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1 (dependent gets L2) the quota doesnt apply in L1.
If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.
Yes, I don’t agree with you on the interpretation linking ebdependents with ebquota.
Please note: My primary argument here is "ebdependents out of ebquota". I really don’t care where ebdependents belong as long as they are not counted in ebquota.
I am already in "Ask an Attorney" forum and want to hear attorney’s thoughts.
Please comment only in the member and donor threads and Let us keep this for Attorney only.
more...
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pappu
05-20 10:54 AM
It is surprising why your case is among the unfortunate ones in such background checks. There was a memo few years ago after IV's efforts that eliminated FBI name checks. Read http://immigrationvoice.org/index.php?option=com_content&task=view&id=81&Itemid=61
I am also unable to understand why you are getting conflicting information from congressional inquiries.
If you think there might be a lot of people stuck in namecheck issue these days, please collect everyone on this thread to see how widespread this problem is. You can ask on IV and other websites and have them assemble here. The numbers will help us understand the extent of the problem. I personally do not think there are any such namecheck problems beyond the 6 month period as stated in the 2008 memo. Have not seen anyone reporting on IV except your thread. Some effort may be needed by you to explore the extent of the problem. In terms of resolving it, looks like you are doing what people do to get status.
I am also unable to understand why you are getting conflicting information from congressional inquiries.
If you think there might be a lot of people stuck in namecheck issue these days, please collect everyone on this thread to see how widespread this problem is. You can ask on IV and other websites and have them assemble here. The numbers will help us understand the extent of the problem. I personally do not think there are any such namecheck problems beyond the 6 month period as stated in the 2008 memo. Have not seen anyone reporting on IV except your thread. Some effort may be needed by you to explore the extent of the problem. In terms of resolving it, looks like you are doing what people do to get status.
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psn1975
11-05 10:38 PM
no ... EB2 labor/petition to transfer was not filled either .... absolutely nothing was done except for EAD/AP renewal few months ago and I got EAD/AP approval notice couple of months back without any issues :confused:
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conchshell
06-10 02:43 PM
You should avoid phrases such as "fast track green card". That is being presumptious.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
I think gceverywhere is trying to make an appeal, and just to attarct people to this thread, he named it fast track EB greencard. ;) His intentions are correct ... but the method he chose is not. If this becomes a trend, readers will have tough time.
Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.
The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.
I think gceverywhere is trying to make an appeal, and just to attarct people to this thread, he named it fast track EB greencard. ;) His intentions are correct ... but the method he chose is not. If this becomes a trend, readers will have tough time.
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eb3retro
12-11 02:54 PM
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
one way i am thinking of doing is asking for a EVL from the new company with the same kind of job description. 10 years ago, all these laws (to be in the same job description was having some meaning , people used to get GCs in less than a year), but these days it takes anywhere between 5-7 years, and how can uscis expect someone to be in the same description working for 7 years. it just doesnt make sense when you want to be competitive in the market.
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tuhin
05-14 06:38 PM
RFE issued on May, 11th.
My lawyer has not received a letter yet, but I have kept him in the loop.
I am definitely worried.... fear of the unknown :mad:
Any ideas on what should I expect in the RFE?
....
EB3-I, Labor filed in Aug'2005.
I-485 filed in 2007.
My lawyer has not received a letter yet, but I have kept him in the loop.
I am definitely worried.... fear of the unknown :mad:
Any ideas on what should I expect in the RFE?
....
EB3-I, Labor filed in Aug'2005.
I-485 filed in 2007.
maddipati1
08-20 03:58 PM
i traveled to India and went for stamping when my PP was expiring within couple of months and got VISA stamped successfully and traveled back safely.
the initial screening officer at Chennai consulate commented with a smile 'you know, your passport is expiring in couple of months'. but the main immi officer didnt mention anything about it. this proves that there is no such law that says, u have to have a PP valid for six months.
but, when u r applying for a stamping appointment, the system says, 'its recommended to have a PP valid for at least six months'.
in your case i guess its just travel and no stamping involved and so u r in much better shape.
but, THIS WAS JUST MY EXPERIENCE. I WOULDN'T RELY ON THIS.
EVER SINCE I STRONGLY FEEL I WAS SUPER STUPID TO TAKE THAT KIND OF A RISK.
coz, i found out couple of things after wards :-)
in SFO consulate i could get PP in less than 7 business days. i guess urs is Chicago, so might not apply for u.
but, in India u can get new PP very fast under Tatkal scheme. do this,
be prepared with required dox and stuff before going there, ask ur relative/friend there to talk to local Tatkal officer to make it ready for ur PP renewal, soon as u land in India apply for PP renewal under Tatkal, u will get ur new PP before ur Jet lag is over. this leaves a buffer of ur vacation time, for contingencies.
finally, what GCCOVET said is absolutely right, u will get I-94 only until the expiry date of old PP. u would need to renew it again. not worth it. luckily i live close to border so i drove and came back to extend my I-94 after getting new PP.
the initial screening officer at Chennai consulate commented with a smile 'you know, your passport is expiring in couple of months'. but the main immi officer didnt mention anything about it. this proves that there is no such law that says, u have to have a PP valid for six months.
but, when u r applying for a stamping appointment, the system says, 'its recommended to have a PP valid for at least six months'.
in your case i guess its just travel and no stamping involved and so u r in much better shape.
but, THIS WAS JUST MY EXPERIENCE. I WOULDN'T RELY ON THIS.
EVER SINCE I STRONGLY FEEL I WAS SUPER STUPID TO TAKE THAT KIND OF A RISK.
coz, i found out couple of things after wards :-)
in SFO consulate i could get PP in less than 7 business days. i guess urs is Chicago, so might not apply for u.
but, in India u can get new PP very fast under Tatkal scheme. do this,
be prepared with required dox and stuff before going there, ask ur relative/friend there to talk to local Tatkal officer to make it ready for ur PP renewal, soon as u land in India apply for PP renewal under Tatkal, u will get ur new PP before ur Jet lag is over. this leaves a buffer of ur vacation time, for contingencies.
finally, what GCCOVET said is absolutely right, u will get I-94 only until the expiry date of old PP. u would need to renew it again. not worth it. luckily i live close to border so i drove and came back to extend my I-94 after getting new PP.
lfadgyas
05-20 10:24 PM
I believe that April 3, 2002 is your denial notice is the starting point then. Till that point you were legally employed based on the belief that your application will be approved. Again this is just the common sense readout based on what you copied in�
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
So,if you are less than 180 days here without employment authorization you might have a chance � would be nice to know:
-Why your case was denied at that time (L1B extension???) This usually never happens�
And/or
-What the basis of the straight denial right now? You might want to contact USCIS over the phone (to gain few days) or do you have the letter already?
Anyway ether cases I would contact the USCIS Ombudsman about the straight denial � they should not do it � they usually issue that Notice of Intent first. Search around the threads here - I�ve seen some cases where the applicant received an immediate denial and somehow they were able to push it back to the �let�s talk about it� mode� - which does not mean that you are safe, but it will buy you some time for you.
So your research might be right about the 240 day thing which could put this into a different level.
I cannot recommend any lawyer � I use my company�s one and that office does not take individual cases I believe
