scorpion
02-01 02:19 PM
I think you are good.
wallpaper Help Jaycee Dugard: Terry
swapnajay
10-09 01:02 PM
Dude!! Don't even think of applying for AOS now. The dates are not current and you have some issues with your H1-B. Please consult an Attorney immediately!!!!......
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:
1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?
2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.
3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?
I shall be thankful to you to get my answer.
Thanks & regards,
SU1979
priderock
05-15 11:03 AM
I think this is a very useful poll and I wish most people partake in this. This will give a very good metric on how many people are waiting and good guestimate on future movements !!!
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kshitijnt
07-17 01:00 PM
I am confused with regards to AOS Vs. CP and which one to choose.
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
I initially chose CP on my form but now going to file 485. You can switch it either way
Switching from CP to AOS:
Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.
Switching from AOS to CP:
I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.
My visa status is L1B with Company A and my green card for future employment is with Company B.
Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.
IF I choose CP, what are the steps after I140 approval?
How hard is it to switch from AOS to CP or vice- versa?
What are the pros and cons for AOS Vs CP?
I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!
I initially chose CP on my form but now going to file 485. You can switch it either way
Switching from CP to AOS:
Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.
Switching from AOS to CP:
I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.
more...
va_dude
11-06 05:24 PM
This is exactly the piece-meal approach/bill that several people wanted to support.
But i think IV core is backing CIR.
My 2 cents - CIR ain't happening this year (its almost mid-nov now and health care hasn't even been debated on the floor yer). Even enxt year is a long shot.
Need to back this bill.
But i think IV core is backing CIR.
My 2 cents - CIR ain't happening this year (its almost mid-nov now and health care hasn't even been debated on the floor yer). Even enxt year is a long shot.
Need to back this bill.
ps57002
01-30 04:49 PM
oops wrong post
more...
nixstor
08-24 04:14 PM
Did you consider the 20k cap for Masters students? If they can plan to graduate in summer instead of spring they can safely use all OPT and get H1B with out pain. I know many guys who didnt use all of OPT (used half of it) and landed on H1B to be in status. I agree with the loan situation you mentioned though.
I think thats what SKIL is trying to do by making OPT 2 yrs. It gives the much needed leeway for students to move from F1 to H1 and finding a better employer instead of running to consultants for H1B.
B T W Are you the same guy who was looking for Pre approved labor on the other site.
I think thats what SKIL is trying to do by making OPT 2 yrs. It gives the much needed leeway for students to move from F1 to H1 and finding a better employer instead of running to consultants for H1B.
B T W Are you the same guy who was looking for Pre approved labor on the other site.
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carbon
09-25 04:19 PM
I agree that 1/2 million people can't impact housing market significantly.
but look at the numbers, 1/2 million people means $100 billion untapped
market. Personaly I can't imagine any business community who wouldn't consider
this huge potential market seriously.(We are not poor
immigrants that they can ignore, we are professinals with good credit)
Who knows they might help a little to push our issues in DC or reach our goal of
raising 60K !
All IV has to do is send a simple letter to them. Whats harm in doing that !!!
but look at the numbers, 1/2 million people means $100 billion untapped
market. Personaly I can't imagine any business community who wouldn't consider
this huge potential market seriously.(We are not poor
immigrants that they can ignore, we are professinals with good credit)
Who knows they might help a little to push our issues in DC or reach our goal of
raising 60K !
All IV has to do is send a simple letter to them. Whats harm in doing that !!!
more...
morchu
05-14 12:04 PM
Not true.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
Your H1B status starts from the "start date" shown in the COS/H1B approval notice. If the H1B is approved for this fiscal year, most probably it will be October 1, 2009. So till then you are in L1.
Also nothing prohibits you from re-entering on a valid L1 visa, but after re-entry you are assumed to be in L1 status. And you might end up filing COS petition one more time.
Now your question is interesting, because you are re-entering in a period of your L1 validity and I assume H1 is not valid for status till 2009 Oct.
I am not really sure about all the possible solutions in this situation. The solution I know is, enter using L1 and file another COS (not a full H1 petition, but just a COS, showing already approved H1).
Answer to OP;s questions are:
1. Yes
2. Might abandon the COS (not sure about this). But definitely your H1 is not abandoned.
3. Not automatic, another COS might be required.
Questions 4,5,6,7 are irrelavant after you file a COS on re-entry.
Since your H-1B change of status is approved, you are in H-1B Status now. In order to continue working on H-1B status after overseas trip, you must enter USA using H-1B visa stamp. This may require you to apply and get new H-1B visa stamp.
Please consider getting professional advice from your attorney before making any travel plans and what visa to use for re-entering.
______________________
Not a legal advice.
US citizen of Indian origin
.
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BMS1
07-19 10:22 AM
My understanding is that to file for I-485 one needs to be in valid non-immigrant status (which your spouse does not have as of july 17th). After a valid I485 filing, there is a relief of 180 days as per 245(K). I could be wrong. It was a serious mistake not to have filed before July 16th. But nevertheless worth a try. If USCIS does not reject the filing, you need to be careful, not to let your spouse stay inside US beyond 180 days counting from July 16th. Since at a later stage, should the application be denied,a lot more can go wrong.
more...
desiin_va
06-13 09:35 AM
Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.
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thomachan72
01-19 03:43 PM
Let us start a thread to list of EB3 Immigrants that have done well in USA.
We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.
I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
1) waitingwating
Others pls add more if you know:D:D
We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.
I think this is indeed a great idea.... but it might be difficult to get this information. Let me start by giving one name...
1) waitingwating
Others pls add more if you know:D:D
more...
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seeking_GC
07-19 03:35 PM
Thanks for ur reply..anyone else has any input on this??
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krishnam70
02-23 12:09 PM
Hey Guys,
I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"
One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.
I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.
Thanks,
Veera
Thanks veera for your update. Hope we get some latest arrival information in to the country using H1 and give us their experiences
- cheers
kris
I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"
One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.
I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.
Thanks,
Veera
Thanks veera for your update. Hope we get some latest arrival information in to the country using H1 and give us their experiences
- cheers
kris
more...
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GotGC??
02-20 04:48 PM
This is useful, but I doubt its accuracy because some of the cases I know - including mine - are missing !!
Here is the link to database:
http://www.flcdatacenter.com/CasePerm.aspx
Here is the link to database:
http://www.flcdatacenter.com/CasePerm.aspx
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hiralal
08-14 06:36 AM
this is in response to some who say what if India does this and that ...the point is that India will do nothing. In general we have passive leaders and our PM is a great example of that - if it was done against china then immediately there would have retaliation. in some ways it is good if it stops the misuse ...I guess the biggest losers in this are the lawyers - more lawyer shops will close down
more...
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go_guy123
08-13 01:54 PM
isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.
This h1b money is totally insufficient but most likely it will add to governent deficit...but who cares. Eventually this 2000K will increase in some "piece-meal enforcement only" bill
in future.
if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.
This h1b money is totally insufficient but most likely it will add to governent deficit...but who cares. Eventually this 2000K will increase in some "piece-meal enforcement only" bill
in future.
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Jaime
09-11 04:01 PM
by coming to DC!!!
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manusingh
01-08 10:06 AM
My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
Hi
Does your wife got H-1B stamped, could you pl send us all details. It may help us.
Here is the immigration status so far:
1. Current H1 valid from Oct 09-Sep 11 with I-94
2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
3. Had L1 visa stamping in Jan 2006.
So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.
Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
Thanks
Hi
Does your wife got H-1B stamped, could you pl send us all details. It may help us.
sac-r-ten
08-07 09:34 AM
Extremely sorry to hear this.I must be v stressful for both of you and your near ones too. Take help from professional conselling. Talk to friends and family. whatever you do, think v v v hard about it. let your spouse know about your feelings.
I hope and pray that the matter gets resolved amicably.
Take care.
I hope and pray that the matter gets resolved amicably.
Take care.
jsb
10-26 11:10 AM
You guys are great. Guys like you are making this world better place to live. I wish you both good luck.
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....
I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.
BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).
I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. ....
I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.
BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).
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