natrajs
03-12 05:33 PM
M.B.A is always good no matter whether you are on H1B and or on GC, It is good for the career growth.
I have a MS and doing my MBA in finance and I am in IT, so if there is an opportunity take it and go for it
Good Luck and Best Wishes
I have a MS and doing my MBA in finance and I am in IT, so if there is an opportunity take it and go for it
Good Luck and Best Wishes
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billu
08-24 07:27 AM
it used to be that h4 visa period was counted as part of 6 years of h1b but not any more. But that is not a significant reason to stay on h4 visa.
tanu_75
02-07 04:26 AM
We legals who are waiting in line have another setback with news like below
Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)
last week we heard about Trivalley.
eb-3 -> eb2 seems like a minuscule problem now.
We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.
If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.
Nothing new here. There'll be Indians, Mexicans, Africans. Anybody in the world who has an appetite for risk, and a desperate need to be in America will make it to Mexico and run across the border, just like the millions of illegals already did. The border's a joke and you can't blame the illegals if the USA allows people to get away with it even if they get caught. Why, you could even earn a red carpet to citizenship if you do that, under some proposed legislation.
Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)
last week we heard about Trivalley.
eb-3 -> eb2 seems like a minuscule problem now.
We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.
If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.
Nothing new here. There'll be Indians, Mexicans, Africans. Anybody in the world who has an appetite for risk, and a desperate need to be in America will make it to Mexico and run across the border, just like the millions of illegals already did. The border's a joke and you can't blame the illegals if the USA allows people to get away with it even if they get caught. Why, you could even earn a red carpet to citizenship if you do that, under some proposed legislation.
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veni001
11-05 09:27 AM
That is true, however, would that result in the 140 being cancelled? As per several discussions the 140 can still be used for extensions (assuming that the 140 has not been revoked/cancelled by USCIS due to fraud and that the PD is not current for that catagory). Again this is debatable and there are lots of opinions on this issue out there.
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
Some people say that the PD of the older 140 (even if revoked/cancelled by the former employer) can be used when the new company clears the labor and is applying for the new 140.
You need to consider two scenarios here...
First: Approved I-140 revoked by employer, since the employee is no longer with him and or employer no longer want to proceed with immigrant worker petition.
In this case the beneficiary of I-140 can recapture priority date to a future immigrant worker petition by his prospective employer ( at new I-140 stage)
Second: Approved I-140 revoked by USCIS due to Fraud
In this case the employer or employee can no-longer eligible to use that I-140 , which includes recapturing priority date.
Remember: To get H1B extension beyond 6th year one need to have valid approved and/or pending labor/I-140.
If the PERM labor expires then you can not use that to get 1 year extension
If I-140 revoked by employer then you can not use that to get extension even for the same employer ( if you come back to him):p
more...
alterego
06-21 10:27 PM
You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.
chanduv23
10-29 07:27 PM
The primary goal is to get people start meeting their lawmakers. We are happy that the response has been very good and people are willing to meet local lawmakers
more...
pointlesswait
05-01 09:28 AM
if u change ur job using H1 transfer..so does it mean ...he has to restart his GC all over again?? ok i am little confused here..
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
> if he choses to use EAD..his wife will be oout of status..so its bad
> if he chooses to transfer using H1..what happens to his EAD???
I believe AC21 is for shifting employers on EAD after 180 days of I-485.
2010 T.H.O.R.N. Ministries Inc. and
nousername
07-22 07:57 PM
Well said
On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!
On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!
more...
canleo98
01-11 02:29 PM
As per my understanding, extension will be given if and only if :
Either Labor is pending for more than 365 days or Labor and I-140 is approved.
If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
Am I right in interpreting the rule correctly?
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
Either Labor is pending for more than 365 days or Labor and I-140 is approved.
If Labor is pending for more than 365 days, one year extension is approved and if Labor and I-140 is approved, three year extension is approved.
Am I right in interpreting the rule correctly?
Hello All,
I am on 7th year of my H1 and my I-140 is pending. Since my current H1 is about to expire, I need to file for my 8th year of H1 extension. Do you think there could be some problem in getting my 8th year extension since my labor is approved and I-140 is pending. The way I interpreted the extension rule is that you can only get the extension if your labor is pending for more than 1 year but in my case my labor is approved and I-140 is pending.And I cannot wait for I-140 approval since my current H1 is about to expire.
Please advise.
Thanks
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kartikiran
06-17 05:13 PM
paulkurni, please join your state chapter. Even before Obama's mention in the Cairo speech, IV Core has been trying to do whatever you have mentioned.
We need members to collectively participate in their state chapters which can provide the thrust needed to perform a collective action country-wide as mentioned by you.
I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
We need members to collectively participate in their state chapters which can provide the thrust needed to perform a collective action country-wide as mentioned by you.
I heard this from a Chinese friend once and believe its true to its extent. I think most of us, including me, come to this forum and either read the stuff about immigration or take out our frustration one way or another and the anger and frustration dies down there. I am sure IV core team is working day and night for the cause but they are limited with options. I believe the best way to create some gain is to do a collective non-violent rally throughout the nation. The way I see it if you dont make noise nothing gets done in this world. I have been here for almost 9+ years surviving f1,h1b and with very vague future ahead. Satyagraha was started by Gandhiji, and was followed by leaders throughout the world under Non-violence movements. As matter of fact even Obama advised it in the Cairo speech.
I understand that the cause is not as dire as in the other movements but we are here fighting for our freedom. This nation is built upon liberty and yet we are under agreed slavery for employers, which is somehow supported by the government. My point is if we really want to make a difference then we need to be collectively heard. What the worst could happen?
more...
sunshine2007
08-27 05:30 PM
I agree this is illegal and there have been many cases where applications have been denied for fraud. I knwo that is not your intention but USCIS considers this sort of "arrangement" a fraud.
but if i go through a regular divorce process is that okay for the USCIS?
but if i go through a regular divorce process is that okay for the USCIS?
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prdgl
02-13 10:05 PM
Thanks a lot. This is more in depth and I am not understood how these things work.
So if I have MS+ 0 then I think I have to post my ad for JobZone 5. In that case, my SVP will be 7 because MS = 4 yrs and 0 expr = nothing. So i will not exceed SVP 7.
So is the combination,
JobZone 5 with an SVP 7 will work for MS+0.
Also for a software developer or related work, i don't see JobZone5. What kind of positions suit for JobZone 5 in software developers world ?
Anybody know about these things ? please drop in your thoughts
Thanks
So if I have MS+ 0 then I think I have to post my ad for JobZone 5. In that case, my SVP will be 7 because MS = 4 yrs and 0 expr = nothing. So i will not exceed SVP 7.
So is the combination,
JobZone 5 with an SVP 7 will work for MS+0.
Also for a software developer or related work, i don't see JobZone5. What kind of positions suit for JobZone 5 in software developers world ?
Anybody know about these things ? please drop in your thoughts
Thanks
more...
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jsb
08-21 09:38 AM
still waiting
I am not far behind you.
I am not far behind you.
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bobzibub
10-15 11:32 AM
AILA has asked USCIS that question 6 months ago.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
USCIS has not answered the question.
That is why some lawyers say yes, some say no. They don't know what USCIS will say.
I've emailed the ombudsman to get USCIS to answer and give a legal basis for their answer too.
We deserve to know.
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sanju
02-06 10:28 AM
We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
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senthil
02-12 11:03 AM
ive seen a minimum of a month to six months max as an average. but it could still vary as said by others and also depends if you get any RFE etc. thanks
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svn
04-07 07:06 PM
After 10 years on H-1, last year we applied for my H1 extension and received a 3 year extension, based on I-140 approval. However, I am traveling out of the country and did not want to go to the consulate for a visa stamping especially since I had a tough experience the last time around. Luckily, my company also applied for EAD extension and Advance Parole. I am planning to use the Advance Parole for reentry - therefore, travel is one reason you might prefer to have an Advance Parole (though you might be able receive an Advance Parole without extending your EAD as well - am not sure of that)
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.
Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)
I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.
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reddymjm
06-13 05:43 AM
for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.
PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.
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morchu
05-02 08:56 PM
It looks like I replied you sometime back.
Your best bet is to file another premium H1B showing all the background and your second I-140. Also attach a clear letter quoting the specific sections of immigration act. Time is critical here, and I am not sure how long the MTR for an H1 will take.
Hi Attorney,Senior People, Gurus,
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
Your best bet is to file another premium H1B showing all the background and your second I-140. Also attach a clear letter quoting the specific sections of immigration act. Time is critical here, and I am not sure how long the MTR for an H1 will take.
Hi Attorney,Senior People, Gurus,
Iam really need of advice. Please
give me your valuable Suggestions/Advice.
Thanks in Advance.
Wish_Good
new_horizon
09-15 09:53 PM
Chandu keeps opening the threads and keeps talking to himself....he is so lonely.
get the heck out of here andy. nobody wants a looser like you. Go out & spend some time with someone you know if you are not a loner, and quit bothering others here.
get the heck out of here andy. nobody wants a looser like you. Go out & spend some time with someone you know if you are not a loner, and quit bothering others here.
gcisadawg
04-16 04:27 PM
Are there civil surgeons approved by USCIS in India who can do the TB test for her?
There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.
bbct & vin13,
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.
bbct & vin13,
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
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