lost_in_gc_land
01-24 04:59 AM
Hello Bpositive,
I am in the same situation as you are and have been for about 2 and a half months. I got a yellow slip and still awaiting feedback from the Consulate who in turn is awaiting a response from Washington.
It depends on when you left the US and if you received your AP before your left the US.
There was a letter published on November 1, 2007 which can be found here
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf)
If you received the AP before you left the US then there is no risk in returning on the AP from what I have been told but if you did not receive it before you left the US then there is a risk of you entire AOS process being cancelled and this all depends on the officer and the situation at the POE.
Unfortunately in my case I didnt receive my AP until after I left the US and am awaiting feeback from my lawyer regarding the rule in the link.
Let me know if you find any other information
as it would help me as well.
Please..request that only those with personal experience with this respond. I have to decide in the next hour or so and have lawyer opinions already.
Has anyone gone through this?
My H1 is pending 221g admin process (Pink. possibly because I have a Phd in biology) I can't wait much longer as I may risk losing my job. Can I travel on my valid AP? I am not concerned about keeping my H1 status etc. My only concern is at port of entry. Lawyers have told me it is ok, but I would like to hear from people who have done this themselves.
I am in the same situation as you are and have been for about 2 and a half months. I got a yellow slip and still awaiting feedback from the Consulate who in turn is awaiting a response from Washington.
It depends on when you left the US and if you received your AP before your left the US.
There was a letter published on November 1, 2007 which can be found here
http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf)
If you received the AP before you left the US then there is no risk in returning on the AP from what I have been told but if you did not receive it before you left the US then there is a risk of you entire AOS process being cancelled and this all depends on the officer and the situation at the POE.
Unfortunately in my case I didnt receive my AP until after I left the US and am awaiting feeback from my lawyer regarding the rule in the link.
Let me know if you find any other information
as it would help me as well.
Please..request that only those with personal experience with this respond. I have to decide in the next hour or so and have lawyer opinions already.
Has anyone gone through this?
My H1 is pending 221g admin process (Pink. possibly because I have a Phd in biology) I can't wait much longer as I may risk losing my job. Can I travel on my valid AP? I am not concerned about keeping my H1 status etc. My only concern is at port of entry. Lawyers have told me it is ok, but I would like to hear from people who have done this themselves.
wallpaper Bethenny Frankel Opens Up
Blog Feeds
01-13 08:30 AM
As we watch the earthquake destruction in Haiti with horror, one group of individuals that will likely start to get attention is the population of Haitians currently in the US and who are obviously not going to be able to safely return home anytime soon. US immigration law actually has a system to handle precisely this situation. It's called Temporary Protected Status and it is available to individuals who are from country suffering armed conflicts, disasters, or other extraordinary conditions. The Secretary of Homeland Security is empowered to determine which countries are on the TPS list. People in TPS status...
More... (http://blogs.ilw.com/gregsiskind/2010/01/haiti-tps-coming.html)
More... (http://blogs.ilw.com/gregsiskind/2010/01/haiti-tps-coming.html)
njgcmar03
02-21 03:35 PM
Hi
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
There should not be any issues. Take all the required papers to the interview.
Good Luck!!
My husband does not have an H1 stamp in his passport even though he has been in status since he did not go to india,right now he has got 3 yr extension on the basis of an approved I-140 petition,we are going to india to get our visa stamped next month.
Can anyone advise me whether not having a previous H1 stamp in the passport will create any problems for us in getting stamped now.He was on an L1 visa before converting to H1,he has not gone to india since 2002.
kindly advise
There should not be any issues. Take all the required papers to the interview.
Good Luck!!
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guchi472000
11-22 02:00 PM
~~~~^^^^
more...
snathan
01-11 02:34 PM
Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.
If its first time, I dont think you have to apply for H4 here. All you need is, give all the needed documents and get the appointment with visa consulate. She has to get the H4 stamping and come here. But when you need to extend the H4 visa, you need to apply to the USCIS.
This is what my experience...
If its first time, I dont think you have to apply for H4 here. All you need is, give all the needed documents and get the appointment with visa consulate. She has to get the H4 stamping and come here. But when you need to extend the H4 visa, you need to apply to the USCIS.
This is what my experience...
Blog Feeds
07-20 04:00 PM
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
more...
shan74
01-11 08:41 PM
i think it is based on the LC requirements. For EB2, u need " A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty."
Let me know if i am wrong
Let me know if i am wrong
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jonty_11
05-13 05:16 PM
Hi,
My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.
Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?
Whats the right way of handling this?
My wife was pregnant when we did the July 2007 485 filing and now is being asked for the TB Test. It says X ray is mandatory on the letter from USCIS. The Immi DOctor said its really not and really depends on the skin test - so he will write and take care of that in the letter.
Next thing is that I am not with the same employer who I was with when I filed 485 in July 2007. Thus dont have an attorney any more. Do I need to send the response with a G28 form with no Attorney representation from now on OR do I just reply with no G28 form to indicate I no longer have Legal representation?
Whats the right way of handling this?
more...
hariswaminathan
10-04 01:02 PM
Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
hair Bethenny Frankel Pregnant
minimalist
06-25 10:25 PM
Each case is different. Please wait for your lawyer to receive it.
Hi,
I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
Can any one clarrify that who will get the RFE? will it be me or my lawyer?
If possible can any tell what it would be?
Thanks in advance !!!
Hi,
I just got an update on my and my wife I-485; i dont know what it is but they have requested for more information.
Can any one clarrify that who will get the RFE? will it be me or my lawyer?
If possible can any tell what it would be?
Thanks in advance !!!
more...
ras
01-31 07:27 PM
I am no expert but based on my understanding on this.
1. Your friend can associate with one of the companies in USA and have an agreement so that the money gets paid to the US Company and then transferred to Indian company/individual. The US company pays tax for the payments received.
2. You can direct the online payments to your bank account via paypal or other methods and then transfer the money to your friend. No need of merchant account. However, you need to report this as an additional income on your W2 or similar and then pay taxes.
3. You can register a small business and then associate with your friend in India. All the payments will be made to your US company and then paid as services / product fee to your friend in India. (Info about starting the Business in USA can be found at Immigration Voice Starting a Business wiki (http://immigrationvoice.org/wiki/index.php/Starting_a_Business))
I am not sure there could be other ways, but these are some of the obvious ones.
1. Your friend can associate with one of the companies in USA and have an agreement so that the money gets paid to the US Company and then transferred to Indian company/individual. The US company pays tax for the payments received.
2. You can direct the online payments to your bank account via paypal or other methods and then transfer the money to your friend. No need of merchant account. However, you need to report this as an additional income on your W2 or similar and then pay taxes.
3. You can register a small business and then associate with your friend in India. All the payments will be made to your US company and then paid as services / product fee to your friend in India. (Info about starting the Business in USA can be found at Immigration Voice Starting a Business wiki (http://immigrationvoice.org/wiki/index.php/Starting_a_Business))
I am not sure there could be other ways, but these are some of the obvious ones.
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kirupa
04-08 02:19 AM
it's ok - I already changed the stamp template for all of the entries that have been submitted: http://www.kirupa.com/lab/kirupaStamps.htm It wouldn't be fair for me to give you guys more work because of a slight oversight on my part ;)
more...
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gg_ny
06-22 10:11 AM
This is a general question: if service center processing time is current with
the 485 notice date and PD is retrogressed, what happens in this situation?
thanks.
the 485 notice date and PD is retrogressed, what happens in this situation?
thanks.
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bkarnik
03-16 02:48 PM
Abqguy:
I have not seen the letter myself, but from the content, it appears to be a specific reply to your letter. I request you to get a couple of friends together and schedule a meeting with the Senators local office. IV website has lots of resources and if you were to let us know once you have the meeting set up, one of us will get in touch with you and brief you on how to conduct the meeting.
Thank you for your help. Keep us posted.
Bkarnik
I have not seen the letter myself, but from the content, it appears to be a specific reply to your letter. I request you to get a couple of friends together and schedule a meeting with the Senators local office. IV website has lots of resources and if you were to let us know once you have the meeting set up, one of us will get in touch with you and brief you on how to conduct the meeting.
Thank you for your help. Keep us posted.
Bkarnik
more...
pictures Bethenny Frankel Wedding
sevenm
03-02 02:34 PM
Thanks a lot logiclife. Your response means a lot to me.
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ronhira
01-05 06:35 PM
details of computer consultant insurance -
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admsurveys
10-13 09:25 PM
My company filed an I-140 in December 2009. The petition (an EB2) was APPROVED in May 2010. A month or so later, I was laid off but BEFORE the I-485 was ever filed. As far as I know, the I-140 has not been revoked. What are my potential options here? Can I find a new employer to file a 485 provided the new job is similar to the I-140 petition or do they have to start the whole process again?
girlfriend Bethenny Frankel and Jason
carbon
03-12 06:25 PM
Today I found my frustration transform into creativity.. so I've created this program (instead of doing some actual wrork) for you to enjoy!
Life of an American
========================================
live(){
while(1){
work();
money = earn();
enjoy(money - taxes + government_benefits);
}
}
Life of H1B Worker:
========================================
live(){
visa = getVisa();
while(1){
if(visa == valid){
work();
money = earn();
money = money - send_some_home - save_some - taxes
- visa_expenses - travel_expenses; /// - immigration_voice_contributions; :)
if(money > 0){
if(PD == CURRENT && talented_spouse_not_on_H4){
enjoy(money);
}
else{
spend(money);
suffer();
}
}
}
if(you_want_to_travel){
stamping();
}
if(isVisaGoingToExpire()){
if(renew(visa) == failed)
goto the_end;
}
if(laid_off)
goto the_end;
}
the_end:
pack_your_bags();
go_home();
}
sub enjoy(){
buy_a_house(money);
buy_a_new_car(money);
go_on_a_vacation();
jump_jobs_like_a_kangaroo_or_start_your_own_compan y();
get_promotions();
}
sub suffer(){
no_raise();
no_hope_for_promotion();
let_them_exploit_you();
cant_do_long_term_planning();
watch_others_progress();
predict_visa_bulletines();
check_visa_bulletines();
check_immigration_voice_dot_com_every_day();
blame_everybody_except_yourself();
}
sub renew(){
if(visa.age > 6){
if(aproved_I140){
visa_expiration_date += three_years;
}
else if(approved_labor){
visa_expiration_date += one_year;
}
else
return failed;
}
return passed;
}
sub stamping(){
go_home();
wait_in_line(hours);
talk_to_snobs_at_the_embassy();
show_same_documents_thousands_of_times();
return;
}
Life of an American
========================================
live(){
while(1){
work();
money = earn();
enjoy(money - taxes + government_benefits);
}
}
Life of H1B Worker:
========================================
live(){
visa = getVisa();
while(1){
if(visa == valid){
work();
money = earn();
money = money - send_some_home - save_some - taxes
- visa_expenses - travel_expenses; /// - immigration_voice_contributions; :)
if(money > 0){
if(PD == CURRENT && talented_spouse_not_on_H4){
enjoy(money);
}
else{
spend(money);
suffer();
}
}
}
if(you_want_to_travel){
stamping();
}
if(isVisaGoingToExpire()){
if(renew(visa) == failed)
goto the_end;
}
if(laid_off)
goto the_end;
}
the_end:
pack_your_bags();
go_home();
}
sub enjoy(){
buy_a_house(money);
buy_a_new_car(money);
go_on_a_vacation();
jump_jobs_like_a_kangaroo_or_start_your_own_compan y();
get_promotions();
}
sub suffer(){
no_raise();
no_hope_for_promotion();
let_them_exploit_you();
cant_do_long_term_planning();
watch_others_progress();
predict_visa_bulletines();
check_visa_bulletines();
check_immigration_voice_dot_com_every_day();
blame_everybody_except_yourself();
}
sub renew(){
if(visa.age > 6){
if(aproved_I140){
visa_expiration_date += three_years;
}
else if(approved_labor){
visa_expiration_date += one_year;
}
else
return failed;
}
return passed;
}
sub stamping(){
go_home();
wait_in_line(hours);
talk_to_snobs_at_the_embassy();
show_same_documents_thousands_of_times();
return;
}
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smarth
10-04 09:00 PM
Which center did your application went? What is RD and ND?
ajcates
10-31 12:35 PM
There is a show on nickelodeon that instead of macs has pears.
augustus
06-17 07:00 PM
Dear All,
Can you please let me know if the sealed medical report will be given to you by the doctor? or will it be mailed by the doctor to lawyer?
Can you please let me know if the sealed medical report will be given to you by the doctor? or will it be mailed by the doctor to lawyer?
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