Fugu
01-11 03:02 PM
The company should really have changed your husband to H-1B before the end of his 6th year in L-1 status. You count L-1 and H-1B time together to get a maximum of 6 years H-1B. Since he has almost used 6 years, and the cap has been reached for h-1Bs, he cannot change now. If the permanent residence (PR) process had been filed before the end of his 5th year, and he had changed to H-1B, he could get 7th+ year H-1B extensions while the PR process was ongoing. Unfortunately, there are no such extensions for L-1 holders, so that once they reach the end of their maximum stay, they must leave.
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
The company could file for your husband's PR while he is outside the US, and this is worth discussing.
Thank you for your reply.
The reason that we chose to go the L1A route instead of the H1B is that we do not plan on living in the US forever, if it was possible to just keep continuing extending our visa then we would as it is the cheaper option for the company and gives us more freedom.
Choosing the L1A instead of the H1B gave us up to 7 years instead of 6 before we have to apply for PR.
I was under the impression you could apply for PR from and L1A, I am confused with your reply, why can we not apply for PR from an L1A? If the processing times are shorter then maybe it could be processed before our visa expiration.
Thanks
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pappu
10-02 05:35 PM
done
thanks Nycgal for sending the mail.
Only one member has sent the email today.! We need everyone's participation in order to make things happen for us. Each media article is important for us and creates awareness for our cause. When each member participates in our effort we are sure to get better results.
thanks Nycgal for sending the mail.
Only one member has sent the email today.! We need everyone's participation in order to make things happen for us. Each media article is important for us and creates awareness for our cause. When each member participates in our effort we are sure to get better results.
s416504
08-13 08:26 PM
I think of refiling because I have filed without lawyar (due to Friday 06/29 rumor). I understand frustrations of fews guyes..as I am also in same boat.
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cooldudesfo
09-11 12:38 PM
My main concern is RD of 28th August.....Does that mean that we are falling out of August 17 window and our cases will be put on hold or may be denied.......
Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....
Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....
Anybody else in same situation?
Did you guys talk to your Attorney?
I just sent an email to my Attorney and waiting for the reply....
Atleast, if I had RD of July 2, 2007...when our cases reached USCIS....I would not worry about it that much.....
Now...when it get transfered to NSC, will we get new case #s....I think all cases at NSC starts with LIN....
Anybody else in same situation?
Did you guys talk to your Attorney?
I just sent an email to my Attorney and waiting for the reply....
more...
njboy
10-30 04:02 PM
yeah the meeting was really good..I got to meet many people but had to leave a bit early. For a first meeting (for me) I got an overview of IV etc and put faces to the handles I see in here. For future meetings I think we should
1) establish action items
2) find volunteers to carry out specific action items
3) set drop-dead dates for each item
4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
5) list out our progress/obstacles/lessons learnt
1) establish action items
2) find volunteers to carry out specific action items
3) set drop-dead dates for each item
4) find a conduit for communicating back the results /feedback from the implemented tasks (yahoo groups works fine)
5) list out our progress/obstacles/lessons learnt
gsc999
08-22 02:29 PM
My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
---
You should be Ok. Usually the job req. list the "minimun" job requirements. If you are overqualified that is fine.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
---
You should be Ok. Usually the job req. list the "minimun" job requirements. If you are overqualified that is fine.
more...
psaxena
06-25 02:33 PM
Please suggest the best time suitable for everyone for the conf call, today evening or tomorrow anytime.
Excellent initiative ! Let's do it !
Excellent initiative ! Let's do it !
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mallu
12-16 03:53 PM
USCIS refuses to give this data to anybody. They are not willing to give any break up.
The sky will fall down if they do that
The sky will fall down if they do that
more...
Anders �stberg
October 25th, 2004, 01:51 AM
I think #1 and #2 are problematic as there is a lack of contrast or color difference between the field and the fence, it takes a while to see what's in the picture.
#3 and #4 work better, something interesting in the foreground and context from the background. Both have a slight tilt to the right though which is distracting to me. One rule of thumb is to work with thirds, the horizon in #3 cuts the picture in half which isn't wrong but many seem to prefer the 1/3 - 2/3 composition in #4. The foreground could be a bit sharper perhaps but #4 is my favourite of the four, nice picture.
#3 and #4 work better, something interesting in the foreground and context from the background. Both have a slight tilt to the right though which is distracting to me. One rule of thumb is to work with thirds, the horizon in #3 cuts the picture in half which isn't wrong but many seem to prefer the 1/3 - 2/3 composition in #4. The foreground could be a bit sharper perhaps but #4 is my favourite of the four, nice picture.
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eyeopeners05@yahoo.com
05-01 10:30 AM
If a partial medical exam is done, for how long is that partial exam results valid ? I heard six months in the past.... Is that true ?
more...
sgX05
02-11 05:05 PM
No i haven't moved at all. Been living in Ca the whole time.
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aamchimumbai
12-05 02:13 PM
Was your wife successful in getting an H1B visa stamped in her passport? If yes, could you please share your experience for the visa stamping interview/documents, etc. Your post will be helpful for some who plan to return on H1B/H4 (including me).
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
Thanks.
My wife would be travelling to India soon and the question is whether to use AP or go for a H1 visa. She has been working on H1 (but no H1 visa yet) and also has a valid AP. The 485 is pending on my name.
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
Many Thanks !!!
more...
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malibuguy007
07-17 12:36 AM
Very well written article indeed and quite balanced.
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MLS
08-07 05:22 PM
I may be wrong but I remember reading that sometime back US made rule that the h1 stamping can be done only at your home country (country of nationality). So doubel check on that.
more...
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skumar9
10-23 03:39 PM
Hi all,
Is there anyone who is attending in Nogales for H1b Stamping on Nov 3rd 2008, please reply,,, we shall meet..sree_us9@yahoo.com
Thank You...
Is there anyone who is attending in Nogales for H1b Stamping on Nov 3rd 2008, please reply,,, we shall meet..sree_us9@yahoo.com
Thank You...
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leo2606
12-10 06:37 PM
Ok sir I am sorry.
I felt like some one asking "I don't have US visa, my H1-B petion is pending, will they allow me to enter?"
I am not rude man, it is really a silly question.
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
I felt like some one asking "I don't have US visa, my H1-B petion is pending, will they allow me to enter?"
I am not rude man, it is really a silly question.
Wow. Leo, you are rude and over-confident. Please refrain from answering question if you do not have the right attitude.
more...
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narendra_modi
03-04 03:45 PM
Hi guys,
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
this is my first post, so please bear with me ..How can a novice know that this forum is for EB category ? small suggestion to iv team, a small iv admin fix...
can typing immigrationvoice.org take us all to "ebimmigrationvoice.org" or eb-legal-immigrationvoice.org" ? (eg. ibnlive.com takes you to ibnlive.in.com) In that way eventually everybody will know its a eb immigration voice and no other legal immigrants forums..
Sr members, please share your views on this topic..
thanks
narendra
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neeidd
10-09 06:04 PM
What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know
Thanks
Thanks
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BraveMadMan
07-17 11:55 PM
Totally agree. Let's relax for a few days, and then move on to tackle the issues
Pandi
03-28 02:21 PM
Thanks to Thomachan (for highlighting why legal immigrant's children should be considered in the Dream Act) and Sanju ( for focussing on the key decision makers who can influence this). I am sure we can make atleast an attempt to get this included. :). This will help legal immigrants with children in high school and college to a large extent.
mchundi
12-17 08:42 PM
Most of the states had processed RIR cases till May 2002. N.J (05/2002) and
NY (10/2001) before all the applications were sent to BEC. So most of the
Applicants with these dates must have already got their Green Cards . Some of my friends with these dates have already got their GC some 1 year back.
It is Non-RIR cases which had 04/2001 processing times with NJ , NY being the states which were backlogged. It is these applications which would be
causing these delays. How many percentage of EB1 , EB2 , EB3
(Employement Category) applications might be in this process. ? If there are
less number of applications then Processing Dates may move forward to
2002 / 2003 for India.
Based on the serial numbering in the pre BEC scheme, there are an average of 1k-2k peteions from california alone for the 2002/2003 years. Many Indians amongst them. Thanks the BEC's most of them locked their PD's (hopefully).
If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act. But if they did that it wud not have moved to 2003 at all. So nobody really knows their formula.
Unless the state dept releases the statistics for the fiscal year 2006, we dont know what actually is happening. One thing though, they need to further break down the ROW EB3 and establish cutoff dates for other countries as well.
What about EB-3 (Inda). Hopefully it will move to 2002 very soon. After that i think it has better chances of moving up than EB-2 (India) if the USCIS is following the strict 7% limit.
NY (10/2001) before all the applications were sent to BEC. So most of the
Applicants with these dates must have already got their Green Cards . Some of my friends with these dates have already got their GC some 1 year back.
It is Non-RIR cases which had 04/2001 processing times with NJ , NY being the states which were backlogged. It is these applications which would be
causing these delays. How many percentage of EB1 , EB2 , EB3
(Employement Category) applications might be in this process. ? If there are
less number of applications then Processing Dates may move forward to
2002 / 2003 for India.
Based on the serial numbering in the pre BEC scheme, there are an average of 1k-2k peteions from california alone for the 2002/2003 years. Many Indians amongst them. Thanks the BEC's most of them locked their PD's (hopefully).
If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act. But if they did that it wud not have moved to 2003 at all. So nobody really knows their formula.
Unless the state dept releases the statistics for the fiscal year 2006, we dont know what actually is happening. One thing though, they need to further break down the ROW EB3 and establish cutoff dates for other countries as well.
What about EB-3 (Inda). Hopefully it will move to 2002 very soon. After that i think it has better chances of moving up than EB-2 (India) if the USCIS is following the strict 7% limit.
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