Sunday, June 26, 2011

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  • akhilmahajan
    04-23 09:41 AM
    Thanks a lot guys for your inputs. I hope everything goes fine.......

    heard these days it is taking more then 6 months for I140 approval...........

    mine was filed in marcha, 07 in the Texas processing center...........





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  • leoindiano
    04-06 12:52 PM
    How about this?

    If a company located outside of united states, it cannot apply for more than 300 H1B's? I heard WIPRO and INFOSYS applied 6000 each this year





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  • meridiani.planum
    07-23 05:41 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.





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  • GCard_Dream
    04-06 01:38 PM
    Thanks god_bless_you for you response. So it appears that I either have to have a valid H1 or EAD on hand in order to work.

    If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.



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  • ravi2patel
    07-24 02:38 PM
    ashkam - Thanks alot for the info....my case is "If your job (description, location and salary) remains same or similar under the new company"...still i don't understand why my attorney says to start all over again.

    I feel like packing up and go back home ...this country's immi system is all messed up...not sure i can mentally handle it anymore :(





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  • chanduv23
    05-28 03:51 PM
    Heard this from our company lawyer .... uscis will issue RFE for all I-485 applications that are pending for a while to make sure the applicant still has the job offer. He got this from a very reliable source. I dont know how true it is...just sharing what I have heard.

    RFE for employment verification seems to be common these days. As long as you are eligible to port jobs under AC21 - there is no need to worry if you used AC21.



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  • wandmaker
    12-11 07:46 AM
    Do you all know Omnibus Funding Drive thread rocks? We had a great start today and we will have a good finish

    Go IVans Go!





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  • jcrajput
    06-09 01:55 PM
    Thank you all for responding.

    I am still not able to figure about while entering US, how they know that you have AP? Do they have any way to find out that you have applied for AP? If not, then once you have H1B stamp in your passport, it should be smooth entry...

    I am not local to Mumbai and I hate to go to the visa stamp as they always treat us bad..
    Also, My H1B expires Jun 2010. Can I extend H1B if I enter in US using AP without having H1B stamp in passport?

    I appriciate all for your help.
    Thank you



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  • sdrblr
    07-21 04:23 PM
    We came back on H1/ H4 even though I had valid AP last December. We are travelling again next week and will be back in 2 weeks. Not sure whether it matters what the POE is, mine is Chicago O'Hare.


    When i went to Mumbai last december i got my H1B stamped. while coming to US i showed the POE my H1B stamped visa he asked me for Advanced parol document and i was Parolled.When i asked him i have a H1B stamped in my passport why do i need to be parolled. He answered AP has a higher preference than H1B.
    the bottom line is " H1B stamping will not be considered for your entry". Its just a stamp for your satisfaction.
    I am not going to stamp my H1B again. 18 months back when i came from Vancouver Canada the POE let me in by AP not by H1B visa. I asked him about my valid H1B and the POE told me you can enter using either one but we prefer AP.

    If you are a local from mumbai then its okay to attend a interview and get stamped. They don't ask much in my interview. In my last interview they asked me in the picture you have a mouthstach and now you are clean shaven. So that is the level of questions asked at the interview. Its just 2-3 hours of work or maybe half a day if you wish to do it.

    One more proble i went through at mumbai consulte, The dates were posted 1 week in advance and then a local person has to go and submit the document to the consulate. the FEDEX from US to India would be costing around 68 to 150 dollars and it needs to be reached within 1-2 days (i.e. 3 days before the interview). I got it done somehow.

    J thomas





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  • senthil
    10-26 05:14 PM
    they wanted to see the originals but copies were enough for submitting. as many of our members have experiances lately - with respective to stamping, its should surey help if we consider their advise's. good luck all.



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  • wandmaker
    12-09 12:53 PM
    We all know what IV did for us during July bulletin fiasco. If not IV, we all will still be watching visa bulletins. At this juncture, we are talking about EAD and AP renewals. Contribute, and raise the bar.





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  • uma001
    03-08 02:12 PM
    usually you will be asked for W2 for those years since your priority date.It doesnt matter when you entered US initially



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  • gandalf_gray
    06-02 11:18 AM
    tricky situation indeed and I think it depends on how the "Last action rule" gets interpreted. A telphone consultation with attorney is probably in order.

    To my mind, going out of country and reentering is envitable in either situation.

    1) you apply for L1 extension, get that. Then to be able to work on H1, you need to exit and reenter to get a H1 based I-94 since the last action was approval of L1 extension.

    Attorney should confirm this.

    2) Let L1 expire. Exit country upon expriy of L1 and reenter using I-797 for H1.

    3) apply for L1, doesnt get approved until 10/01 then you are obviously starting on H1 on 10/1 and no further action required. Again attorney is best one to confirm

    In essence, in any event, you will not lose H1, but might have to go thru hassle of exit / entry to change status


    Surabi. thanks a lot. gave a good insight. will contact an attorney.
    but ONe thing I missed to mention : my h1 is only lottery-selected as of now.
    So even if I apply for L1 extn, I dont know which might get approved first !! .
    does that change anything ?





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  • ritwik_ind
    11-11 11:30 AM
    Where are the winners posted? It's already 11th !



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  • Jimi_Hendrix
    12-16 05:46 PM
    To make any educated guess there has to be a basis. You need to have some data or some other relevant information. Unfortunately there is no data available that can help one make an educated guess about the future movement of EB3 India.

    In the absence of any data being available you cannot make a guess about the movement of visa numbers. However we do have visa bulletins each month and if you notice the movement in Priority dates in the last 6-9 month period, that movement has been very minimal. Also the advisory given by the Department of State has been very negative about the future movement of priority dates. Therefore it is quite safe to conclude that unless legislative action is taken, you can reasonably expect priority dates to move very slowly or even stop moving.





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  • India_USA
    04-30 09:13 AM
    C-SPAN Video Player - Senate Majority Leader Reid & Democratic Members on Immigration Reform (http://www.c-span.org/Watch/Media/2010/04/29/HP/A/32371/Senate+Majority+Leader+Reid+Democratic+Members+on+ Immigration+Reform.aspx)

    Something is happening ...........



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  • reshma
    01-09 08:50 PM
    I am planning to sponsor visitors visa for my parents and and based on the available documentation I need to submit my birth certificate as part of the required docs.

    My parents name in the their passport is not exactly the same as in my birth certificate. The last name is good and the issue is with the first and middle names not being exactly the same. Will this be an issue when they go for VISA. Should I get the names corrected in my parents passport before applying for VISA.

    If we need to correct the names in the passport in India, does anyone have an idea of the process and how long it might take.

    Any advice/help is greatly appreciated.

    hi

    My situation is some what like you. In my father passport for place of birth one letter was missed. My father from his birth time onwards he is staying in that place. so present address and permanent address both are that village only.

    Is it needed to correct that missing letter of village name for the place of birth in passport ? i am planning to apply for visitor visa for them soon. Does anyone have any idea about this process of corrrection in india and how long it might take.

    If not needed while filling the forms for palce of birth how i have to mention like same in passport or the correct name of village ? If i need to mention the addresses like present or permanent how i have to mention the village name please reply so that i can do that.

    Thank you in advance





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  • manderson
    07-17 10:43 AM
    if u want to change emplpyer you can transfer H1 via premium process to another employer in 2 weeks. you only need paystubs to prove that you were employed for the last 4 yrs.

    as per GC even if you can get your new employer to file it but can't get paperwork from old employer, u'r desparate and wanna file now: u can try substituting ther labor, 140 and experience letter with following (but please know that it might be rejected by USCIS):
    - copies of previous labor and 140 can by usually obtained by filing a Freeedom Of Information Act (FOIA) request through your own (trusted) lawyer. but it will take a couple of months -- in the meantime u could try filing through own lawyer with printouts of approved cases statuses (from USCIS website) along with 797 notices (receipt notice with LIN/ WAC number). hope that USCIS will send an RFE for actual paperwork
    - substitute experince letter with 2 affidavits of experience from 2 co-workers and paystubs

    Disclaimer: Please know that I am not a lawyer so I might be wrong. Please ask an immigration lawyer for advice.





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  • shankar_thanu
    06-27 10:44 AM
    I have been asked by my lawyer to enter the A# from OPT card if you have one, is this right?





    dealsnet
    06-17 08:28 AM
    You can extend H1B, if your labor was approved before I-94 expiry date. If it happens, do premium for I-140 (15 days), with approved I-140, you can extend upto 3 years.





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    08-18 01:45 PM
    Hello Folks,
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