chanduv23
02-14 04:39 PM
For Physicians - this is a blessing, so please start acting - please spread the message among your network. We need strong support.
In the background, Paskal and some others have done a lot of hard work on this and we need to express our support to these folks.
So this is a clarion call to all Physicians - Buck up .... Help IV to help yourselves
In the background, Paskal and some others have done a lot of hard work on this and we need to express our support to these folks.
So this is a clarion call to all Physicians - Buck up .... Help IV to help yourselves
gcwait2007
09-14 08:09 PM
My company sponsored my EB-3 with PD of Feb 2007 and the I-140 was approved in Feb 2009. Based on the pending I-140, I filed my I-485 (AOS) application in July 2007. My I-485 case is still pending.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
In the meantime, my company had been kind enough to agree to re-sponsor me for EB-2 PERM which was filed in Sept 2008 and the related I-140 was approved in July 2009.
Both my pending I-1485 and recently approved EB-2 I-140 share the same A number, while the earlier approved I-140 EB-3 has a different A number.
I wrote a letter to USCIS requesting them to link my recently approved EB-2 I-140 to the pending I-485, in the place of EB-3 I-140 and also port the earlier PD.
Since there is no response for more than 2 months, I called USCIS call center today. The call center person advised me that I cannot make such a porting request unless the Visa Bulletin is current for that PD of EB-2. I was shocked to hear such message. Please advise whether the call center person is correct in her interpretation. Thanks in advance.
caforum2
06-18 12:16 PM
yes you can. As per AC 21 once you have counted towards h1b number in last 6 year you are not counted again. So assuming your original h1 wasn't though non profit orgainzation, you can apply for new h1. If you have your I 140 approved you get 3 years h1. PM me if you need more info. I have done it.
and btw, h1b premium processing takes 15 days, so don't panic.
and btw, h1b premium processing takes 15 days, so don't panic.
Ramba
08-07 08:31 PM
Thanks. Yes, I am an Indian citizen.
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US?
---Once you leave US, you are not in any status, even if you have a visa stamp or H1 approval. If you are a H1B beneficiary, an US employer cannot put you in US payroll, if you are not physically present in US, working at the worklocation specified in LCA. The only exeption is if you go for a short vacation while working in US in H1B. You should be a US citizen or LPR, to be in US payroll without physically present in US.
In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?
---There is no such B visa that gives work authorization in US. The best advise is start a bussiness in India and do the service to your US client and incoive them and get the money in US doller. Wehn you are ready to come to US, request them to sponser H1; any way H1B quota is never going to fill.
If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.
My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.
---
more...
sam_austin77
12-30 09:30 PM
Thanks a lot. This helps me.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
Now for this EAD, should I go thru an attorney or do it myself by the USCIS website.
you need to use EAD since you were on L1 and that cant be transferred to your new employer.
Other than that you need:
- I-140 to be approved*
- 180 dyas to pass from your I-485 receipt date.
*strictly speaking if I-140 was "approvable" at that 180 day mark, you are all set, but its safest to wait for it to be approved.
bhavana
05-25 07:40 AM
sent
more...
Radhika
07-01 08:22 PM
Mostly of the people just think its just giving the annonymous name,phone numbers and getting the benefit of the decision .Please read these point and understand carefully before jumping.
Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.
Please be aware, though, that USCIS is likely to examine plaintiffs� adjustment of status applications more closely than it otherwise might. It may ask the plaintiffs questions and ask for additional information about their adjustment applications or immigration status. See below regarding �discovery.�
http://www.murthy.com/current485/VisaBulletinFAQ6-29-07.pdf
Let them ask questions and many as RFEs. why to worry we are here as legal Immigrants. I am ready to take the pain which is far better. and it si best way to make them realize.
jonty_11
08-13 06:13 PM
BE FIRST TO GET A FREE TICKET TO HAWAI...........
What an innovative name for a thread to attract attention..............
What an innovative name for a thread to attract attention..............
more...
h1bnogc
08-29 09:12 AM
Thank you both for sharing your thoughts...
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
Immigstories:
Could you please share your experience at POE? many many thanks
I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.
For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?
I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
Immigstories:
Could you please share your experience at POE? many many thanks
dc2007
08-05 10:48 AM
Any Senior member please help ....
more...
uimv
03-14 12:08 PM
Incorrect!
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
I have written on this topic many times before. Employer is required, by law, to inform USCIS about termination of employment (whether voluntary or not) and any changes in employment eligibility.
Read for yourself -
http://www.uscis.gov/files/article/E1eng.pdf
[From the pdf link]
Employers must keep USCIS informed of any firings, termination of employment, or changes in the employee’s eligibility by submitting a letter to the USCIS Service Center that approved the application or petition.
Thanks coopheal, desi3933.
But in case of switching from H1b to EAD (while working for H1b/GC sponsoring employer), there is no termination, changes in the employee’s eligibility or change in job duties. So no requirement to cancel H1b.
Beemar
10-01 11:47 PM
... If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don’t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)
Now now, you don't have to be so sarcastic, do you? Our career in America is a purely economic venture. It is beneficial to both us and USA. We get good money working here and US gets skilled labor for its labor starved hi-tech industry. After all US does invite us to work here by giving us work visa, isn't it. Do you think US will be churning out work visas if they can find sufficient US citizens tech workers? So pal, its all business, nothing personal. You don't have to make snide remarks on your motherland in order to justify your stay in US.
Now now, you don't have to be so sarcastic, do you? Our career in America is a purely economic venture. It is beneficial to both us and USA. We get good money working here and US gets skilled labor for its labor starved hi-tech industry. After all US does invite us to work here by giving us work visa, isn't it. Do you think US will be churning out work visas if they can find sufficient US citizens tech workers? So pal, its all business, nothing personal. You don't have to make snide remarks on your motherland in order to justify your stay in US.
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singhsa3
08-13 06:15 PM
Good try though!
1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.
My presentation at international conferences are posters. Nothing great such as plenary talk.
I can submit more evidence of publications and citations.
Letter about my role and responsibilities as leader in my institution.
Thats it. Do I have a chance?
1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.
2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.
3) Show the clear evidence that you have performed a leading and critical role in your organization.
4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.
Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.
My presentation at international conferences are posters. Nothing great such as plenary talk.
I can submit more evidence of publications and citations.
Letter about my role and responsibilities as leader in my institution.
Thats it. Do I have a chance?
panky72
06-05 09:31 PM
Hi,
I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC
I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
Please share your experiences and ideas
Thank You,
Raj.
I applied for H1b 6th yr extension on march 15th and I got approval notice on may 22nd. I also applied at CSC.
I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC
I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
Please share your experiences and ideas
Thank You,
Raj.
I applied for H1b 6th yr extension on march 15th and I got approval notice on may 22nd. I also applied at CSC.
more...
ashneels2001
10-16 08:58 PM
check with your lawyer. you should be able to ue the same labor unless the laws have changed. It is my understanding that if you file an MTR right away you get to retain your LABOR CERTIFICATION and that then allows you to file another I140 under EB3
pappu
11-16 09:24 AM
Hello Experts,
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
I vaguely remember this question being asked in one of the lawyer conference calls. you may want to check the recordings.
I am on H1 and have my labor approved. My spouse is on F1 and we are filing I-140. Would there be a problem?
Because of Retrogression for India we cannot file for I-485 yet.
Please advise
Thanks
S A
I vaguely remember this question being asked in one of the lawyer conference calls. you may want to check the recordings.
more...
SeanDell
05-29 05:26 PM
Thanks for your reply Morchu. I want to have some further clarification here:
1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
The US Embassy has this pre-requiste of 6 months validity when applying for US Visa but I have no knowledge of any document mentioning this 6 months validity requirement at the US POE. Can you please point me to some source?
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
How to prove this intention? Aren't proper H1B Documents, Employer Letter/ working in US enough to prove this intention? My question is as I will be using H1B documents to renter US at POE (not I-485 related documents i.e. Advance Parole), can that still be a problem?
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
The US Embassy has this pre-requiste of 6 months validity when applying for US Visa but I have no knowledge of any document mentioning this 6 months validity requirement at the US POE. Can you please point me to some source?
2. Usually you keep the same I94.
3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
How to prove this intention? Aren't proper H1B Documents, Employer Letter/ working in US enough to prove this intention? My question is as I will be using H1B documents to renter US at POE (not I-485 related documents i.e. Advance Parole), can that still be a problem?
Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.
priderock
09-01 05:51 PM
Congratulations to those who got the "Card Production Ordered" email. Could you guys share if you had to go through a second finger print
No second FP for me. first one in 2007. I had the very same question before. I gather that they are renewing the old FPs.
No second FP for me. first one in 2007. I had the very same question before. I gather that they are renewing the old FPs.
Earned_GC
08-03 06:35 AM
This is an interesting question and I would like to see the answer on this.
What happens to these people who can not file AOS in the current time, and change there job based on I-140.
What happens to these people who can not file AOS in the current time, and change there job based on I-140.
Eternal_Hope
01-28 05:19 PM
There is a list of some prominent people in a Wiki article. Here is the link
http://en.wikipedia.org/wiki/List_of_Indian_Americans
Not sure how many of these are EB based though.
Maybe there are more like these for people of different nationalities; I didn't check.
http://en.wikipedia.org/wiki/List_of_Indian_Americans
Not sure how many of these are EB based though.
Maybe there are more like these for people of different nationalities; I didn't check.
MONCYS
01-16 11:12 PM
casted my vote in change.gov
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