PlainSpeak
02-25 03:34 PM
A friend of mine (GC) sent his and his family passports to DC embassy and they sent his wife's and one kids passports back to him and sent the remaining 2 passports to some one else in california. Fortunatly the person who received the passport was a nice guy and he called my friend and sent back the passports.
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
Bottom line is if you are in the tri city area (within a 100 miles of DC) its is better to go in person to the embassy to submit and pick up passport. Atleast you have peace of mind. For those who live far off there is no option but to post
wallpaper Journey Band: and master bmp
rvr_jcop
03-27 12:38 PM
Hi,
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?
I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:
I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.
In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...
What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?
My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.
I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,
Any productive feedback is highly appreciated...
pal :)
Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?
tnite
06-18 12:10 PM
thanks tnite!!!... u r right my opt/h1b overlaped comfortably and i was never out of status
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
But the problem is that you have to send in a copy of your H1B visa for I485.
The visa will mention the fact that it was issued in May 2007
USCIS might ask you 'Place of last entry: 2000" and how come you have a visa with a issue date of May 2007.
That means that you were at a US port of entry recently.
I think putting your canadian date is the best option.(My opinion)
You can always tell USCIS that you were issued a visa in Canada and technically you left the US and came back again in May 2007
2011 journey band randy jackson.
franklin
02-12 06:04 PM
But quality of life is determined by the freedom and once you get your GC then you will be able to do anything, right ? or I am thinking wrong.
Maybe yes - Quality of Life is highly subjective and personal. For example, I value very highly how I am treated at my current employer. I love the work, the people, and my environment. I have some potentially VERY exciting projects coming up in the next few years that could do wonders for my resume. I've been at the same company for 5 years and have built up some serious company loyalty :)
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
For me, the risk involved in changing a job just so I can jump into an EB2 category is too great. By risk, I mean losing the work environment, colleagues, potential experience - THAT is the quality of life I would be giving up. Of course, your job sounds entirely different, being a consulting basis. So I can totally appreciate how you may prioritize differently - meaning finalizing your green card status as soon as you can.
If I was in your shoes, yes - I would probably do exactly what you are thinking of.
Like I said though, its a personal choice
Maybe yes - Quality of Life is highly subjective and personal. For example, I value very highly how I am treated at my current employer. I love the work, the people, and my environment. I have some potentially VERY exciting projects coming up in the next few years that could do wonders for my resume. I've been at the same company for 5 years and have built up some serious company loyalty :)
Also, are you talking about the risk involved in changing jobs because of H1B transfer process. Because I am a contractor and all consulting companies are MORE or LESS the same. They all try to make money out of you. So I am trying to understand what kind of risk is that.
Your thoghts are important. Please let me know.
Thanks
For me, the risk involved in changing a job just so I can jump into an EB2 category is too great. By risk, I mean losing the work environment, colleagues, potential experience - THAT is the quality of life I would be giving up. Of course, your job sounds entirely different, being a consulting basis. So I can totally appreciate how you may prioritize differently - meaning finalizing your green card status as soon as you can.
If I was in your shoes, yes - I would probably do exactly what you are thinking of.
Like I said though, its a personal choice
more...
skothuru
06-28 03:29 PM
Our Employment Verification Letter States:
We are looking forward to his continued employment with us. --> Is this OK?
Or should it be something like:
We will hold this position open for him until he is ready to fill it upon completion of his permanent resident case.
Plz Advice!!!!
We are looking forward to his continued employment with us. --> Is this OK?
Or should it be something like:
We will hold this position open for him until he is ready to fill it upon completion of his permanent resident case.
Plz Advice!!!!
macml
01-13 02:05 AM
Hi,
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.
Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.
Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.
The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.
However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!
more...
WeShallOvercome
07-23 06:03 PM
Another issue that I think people like me mght face is if we are already in our 7th year H1B. If we want to invoke AC21 without having EAD in hand, we have to apply for H1 transfer. Now if our employer does not gove I-485 RN or I-140 approval notice, how can we apply for H1B extension?
I think that is their strategy,
don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?
I think that is their strategy,
don't give I-485 RN, don't give I-140 Approval notice, Don't let them apply EAD/AP.........Is there any way out of this if we want to invoke Ac21 in this case?
2010 Journey Band: journey
breddy2000
12-16 12:22 PM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
It quiet common that each office follows different rules.
No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
It quiet common that each office follows different rules.
No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.
more...
logiclife
06-08 06:05 PM
Premium processing is not against american values or any other values.
Just because its the government you are dealing with here instead of a private company does not mean there should not be options for faster service for extra fee.
If premium processing is against American values, then in that case, express-mail offered by USPS for extra charge is against American values. Express mail does not slow down first-class 39-cent mail but it provides an ALTERNATIVE to a consumer or citizen to go with better quality service for a fee. For a few dollars, you mail would reach somewhere overnight instead of 3 days.
Also, by that token, first-class travel is against American values? Would you rather that it go away too?
Premium processing is not going to slow down regular processing. But it offers an alternative to employers or employees if they want expedited service for extra money etc.
Just because its the government you are dealing with here instead of a private company does not mean there should not be options for faster service for extra fee.
If premium processing is against American values, then in that case, express-mail offered by USPS for extra charge is against American values. Express mail does not slow down first-class 39-cent mail but it provides an ALTERNATIVE to a consumer or citizen to go with better quality service for a fee. For a few dollars, you mail would reach somewhere overnight instead of 3 days.
Also, by that token, first-class travel is against American values? Would you rather that it go away too?
Premium processing is not going to slow down regular processing. But it offers an alternative to employers or employees if they want expedited service for extra money etc.
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jayleno
09-25 11:15 AM
Awesome. If a picture is worth 1000 words, a cartoon is worth atleast 25000 to 50000 words approx.
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg
Enjoy
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gimme Green!!
06-14 04:54 PM
On what basis does I-485 get processed?
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
Is it based on Labor application (Priority Date) or by date of receipt of I-485 application? :confused:
Or by luck of the draw?:cool:
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Bpositive
08-21 03:33 PM
lots of opinions/answers for your qns...
more...
house with a journey band logo.
fromnaija
05-22 04:45 PM
Since there is a quota, priority date will come into play. That is why the new bill specifies that those who files I-140 after May 21, 2007 and those whose LC are approved or pending will maintain their priority dates. Anyone who files under the new point based system will have their receipt dates as their priority dates.
Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.
With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
1. based on pass marks?
2. based on who has the highest number of points for each country
3. Does the priority date come into plat at all?
hope somebody has the answers for these questions.
Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.
With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
1. based on pass marks?
2. based on who has the highest number of points for each country
3. Does the priority date come into plat at all?
hope somebody has the answers for these questions.
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desi485
03-24 03:12 PM
Dear VB,
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
list of some of the threads created by "vinabath" - how many do you see meaningful???
Thread / Thread Starter Last Post Replies Views Forum
No more LC substitution, No more delays in 140. What a relief
vinabath Today 02:55 PM
what would you do if you get GC tomorrow? ( 1 2 3 4 )
vinabath Today 02:37 PM
What does the dots in my profile mean?
vinabath Today 02:00 PM
Tips to get your GC in a YEAR ( 1 2 3 4 )
vinabath Yesterday 03:38 AM
by vinabath 0 445 Retrogression, priority dates and Visa bulletins
Poll: How many will be happy if..... ( 1 2 )
by vinabath To All Newbies who are just starting out your career
vinabath
by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
BIG JOKE on us by USCIS. Story of the Century.
vinabath 07-02-2007 04:00 PM
by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
Medical Report Delayed by Six months
vinabath 06-15-2007 01:38 PM
by franklin 8 653 Medical exams and related issues
Y1 Visa - Lets make USA as Dubai
vinabath 05-18-2007 10:44 AM
by vinabath 0 468 Retrogression, priority dates and Visa bulletins
EB2 India - Feb 23 2003. Is it possible this year??
I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.
list of some of the threads created by "vinabath" - how many do you see meaningful???
Thread / Thread Starter Last Post Replies Views Forum
No more LC substitution, No more delays in 140. What a relief
vinabath Today 02:55 PM
what would you do if you get GC tomorrow? ( 1 2 3 4 )
vinabath Today 02:37 PM
What does the dots in my profile mean?
vinabath Today 02:00 PM
Tips to get your GC in a YEAR ( 1 2 3 4 )
vinabath Yesterday 03:38 AM
by vinabath 0 445 Retrogression, priority dates and Visa bulletins
Poll: How many will be happy if..... ( 1 2 )
by vinabath To All Newbies who are just starting out your career
vinabath
by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
BIG JOKE on us by USCIS. Story of the Century.
vinabath 07-02-2007 04:00 PM
by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
Medical Report Delayed by Six months
vinabath 06-15-2007 01:38 PM
by franklin 8 653 Medical exams and related issues
Y1 Visa - Lets make USA as Dubai
vinabath 05-18-2007 10:44 AM
by vinabath 0 468 Retrogression, priority dates and Visa bulletins
EB2 India - Feb 23 2003. Is it possible this year??
more...
pictures pictures journey band randy
ramaonline
09-24 07:07 PM
uscis may come out with a rule that would exclude h4 time from h1 time. As of now, the rule has not published which means ur h1 time includes time spent in h4 status. please check with ur attorney about the expected publication of the
rule.
rule.
dresses Journey Band: Recall The
chantu
08-02 01:00 PM
Fedex is the best. Do not use DHL ever. I got bad experience with DHL. They took a week to deliver the docs. But fedex delivered it within 2 days. Now I know, always go with fedex.
more...
makeup Journey: Live in Houston 1981
immuser
12-09 11:15 PM
Not really .... My brother worked in India for 3 years and worked here in US for 5 years before moving back to India and he is earning good too.
Salary for any job depends on lot of factors. How one negotiates is a key factor.
_________________
Not a legal advice.
I am skeptical about these high salaries. Companies have range for each position. good negotiation may get you the higher end but you can not go from 25L to 45L by negotiating.
The media there (and ppl too) like to talk about high salaries. This facebook article shows ppl obsession on the topic and a whole article about one studen't offer is ridiculous and vulgar in a way .
Salary for any job depends on lot of factors. How one negotiates is a key factor.
_________________
Not a legal advice.
I am skeptical about these high salaries. Companies have range for each position. good negotiation may get you the higher end but you can not go from 25L to 45L by negotiating.
The media there (and ppl too) like to talk about high salaries. This facebook article shows ppl obsession on the topic and a whole article about one studen't offer is ridiculous and vulgar in a way .
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skarthy
08-12 05:54 PM
hello all,
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
Lets say you are a citizen here or your son is a citizen becasue he was born here.
Then you decide to go back and he starts studing with the PIO, I guess that works till he gets to college(Govt colleges are NRI quota right?)
Then when he want to work there dose he have to get a VISA like us comming here to work ?
I ask this becasue a friend of mine said a major IT company in India said that such a person cannot work in India without a VISA and they are not sponsering any visa's now.
so when he tried to come to the US, it seems that he had to pay for all his education as an NRI would have paid.
also if you reject the US citizenship and US is not going to give you any visa..ever !
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shivaniraina
07-26 08:13 AM
As you are exempt from the cap, you can start working as soon as you get new petition approval.
Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.
Also, I do not think stamping should make a difference in your suitation as HIB visa count is against the petition and not stamping. However, I would highly recommend that you speak to a lawyer.
tabletpc
08-27 02:06 PM
Krishnam70,
Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.
Thanks
Thanks for the details. I still have some questions and would like to clarify with you.. Was wondering if you could provide me u r contact number or email id.
Thanks
GCAmigo
12-16 06:14 PM
it took 10 months to move one month..
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