bestin
12-21 08:33 PM
Hi,
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.
My friend working in company A on L1...he has approved H1 also...if he needs to move from L1 to H1, does he needs to go out of country and get it stamped before he starts working on H1?
AFAIK,a person can have only one status at a time.He is already in H1 if he had a I94 attached.However if he intends to travel out of the country and reenter he needs to get his visa stamped .If he has applied 485 then, he also has the option of using AP ,if it is approved.
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Libra
06-13 09:56 AM
not banning sub contracting H1b's but they should impose strict rules for companies that every dick and harry, whoever get GC, starts a company by sitting on the couch in his apt and do sub vendoring......these people are responsible for low pays. I am one of the victim of such companies and hate these kind of people, today they get GC tomorrow they start a desi consulting company.
-%255BBlu-ray%255D.jpg "Black Swan (Blu-ray + DVD +")
greyhair
02-09 03:42 PM
And reply you will never get.
I'm not holding my breath any more.
I'm not holding my breath any more.
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psaxena
03-09 02:50 PM
I think this fits for everyone of us. :eek:
http://immigrationvoice.org/forum/blog.php?b=56
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
http://immigrationvoice.org/forum/blog.php?b=56
lol..dont say 2019..my PD is almost same as yours and I aint hanging around till 2019..by that time I will be old and no idea what will I do with..GC..probaly hope for citizenship and apply for retirement benefits :confused::confused::confused:
Edit: Never mind..yours is EB3..so may be mine will come in 2015
more...
willigetagc
08-26 09:01 AM
Thanks willigetagc and sayantan76 for your reply.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?
willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?
H1B is probably the last option due to low probability of success and I would probably be out of status by that time.
Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.
Thanks a lot for all your help. greatly appreciate it.
You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.
About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.
It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.
BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.
vgayalu
10-05 01:02 PM
Just today mine and Spouse cases ( I 485) got approved after RFE ( RFE response reached to USCIS on Sep 30).
Still waiting for my kids approval.
Good luck to each and every one.
Still waiting for my kids approval.
Good luck to each and every one.
more...
bmoni
08-12 04:48 PM
All Eb3 please follow the thread http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos-8.html#post1978863 . They need help looks like we may be onto something...it will be benefit everyone most important EB3.
Don't be disappointed.
We are focusing on another thread right now.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html
Please post your ideas on this thread.
Don't be disappointed.
We are focusing on another thread right now.
http://immigrationvoice.org/forum/forum85-action-items-for-everyone/1599562-team-visa-allocation-by-dos.html
Please post your ideas on this thread.
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deepakjain
08-11 11:41 AM
It's out now EB2 I and C are 08JAN05.
Visa Bulletin September 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4558.html)
2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......
filers till 2006 wait for an year, your GC will be in your wallet by 2010.
Filers till July 2007 wait till 2012 your GC's should be in your wallet.....
Visa Bulletin September 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4558.html)
2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......
filers till 2006 wait for an year, your GC will be in your wallet by 2010.
Filers till July 2007 wait till 2012 your GC's should be in your wallet.....
more...
fide_champ
04-09 08:33 AM
It's sad that such a thing happened if it ever happened. The POE officer definitely is going out of his jurisdiction to deny entry to the H1B person. Personally i never had any issues while entering US from Newark,NJ POE. The last time i entered the only question he asked me was "who makes more money, you or your wife" and the officer was very friendly and cracked some jokes as well.
So i have to question the validity of such news if it's coming from a third-party.
So i have to question the validity of such news if it's coming from a third-party.
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meridiani.planum
07-21 04:01 AM
Hello Gurus,
I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:
once you get past the I-140, the typical reasons for denial of I-485 are some criminal background, out of status >180 days, mistakes on forms etc.
IMO a simple case would be someone who:
- has never changed employers
- was employed with a large US corporation which is more likely to have paid him his salary every month (as opposed to a 3-4 person company where getting hold of the W-2 is the only way to confirm).
- was never denied any application (change of status / entry to US)
- has clear medical records
- has clear documents related to birth certificate
Complicated cases are when:
- someone has repeatedly changed and employers since entering the US. The IO will need to make sure status was maintained throughout all those transitions.
- some document was not submitted, or not submitted with transalations/affidavits etc. Commonly birth certificate issues.
I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:
once you get past the I-140, the typical reasons for denial of I-485 are some criminal background, out of status >180 days, mistakes on forms etc.
IMO a simple case would be someone who:
- has never changed employers
- was employed with a large US corporation which is more likely to have paid him his salary every month (as opposed to a 3-4 person company where getting hold of the W-2 is the only way to confirm).
- was never denied any application (change of status / entry to US)
- has clear medical records
- has clear documents related to birth certificate
Complicated cases are when:
- someone has repeatedly changed and employers since entering the US. The IO will need to make sure status was maintained throughout all those transitions.
- some document was not submitted, or not submitted with transalations/affidavits etc. Commonly birth certificate issues.
more...
hazishak
07-24 10:02 AM
My wife's H4 is pending. I applied AOS for both of US. Her OPT expired on 7/11. How long can she be in status until she gets H4?pls advise me!!!!!!!!!
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squishy
03-07 07:45 AM
same here :p:
more...
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GCStatus
09-17 09:15 PM
Goldman Sachs is next. Then WaMu + there will be bank runs. It doesn't look good. We will probably see car makers in line. Home builders will be next. Dell, HP is laying off. We are totally sc----d. We have no hope of GC. We will be lucky to hold on to our jobs.:(
Oh my God, i am screwed, end of the world, life sucks, dont know what to do, i am crying, i am bleeding, screaming, God, superpower help meeeee, save meeee
Get a life dude, you werent born thinking america
Oh my God, i am screwed, end of the world, life sucks, dont know what to do, i am crying, i am bleeding, screaming, God, superpower help meeeee, save meeee
Get a life dude, you werent born thinking america
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feedfront
09-14 04:03 PM
As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.
more...
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shankar_thanu
11-10 02:45 PM
I got a tracking number as well..
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logiclife
12-21 10:28 PM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
Hey, take it easy big guy/gal.
You are acting as if instead of being gainfully employed, he was sitting around and playing golf or something and that put him out of status.
Go easy on the judging part, coz you could be goofing off for a while too and if you are goofing off for a while, its not like after a week of goofing off, you are going to throw in the towel and take the next plane back home. In a country that has employed and harbored 11 million illegals, who dont even have a passport, those who are legally present and 'goofing off' for a while between 2 legitimate jobs that require excrutiating process of h1 sponsorship are the least of anyone's problems. In fact, the section 245(k) says that it is OK to goof off as long as goofing off is less than 180 days. And if the goofing off was before your last entry into usa, it doesnt even matter, regardless of whether it was less than 180 or more than 180 days. If US CONGRESS legitimizes, who are you to be the bigger judge.
IF the economy tanks, then a lot of us will be 'goofing off' in 2008 and 2009.
When someone is 'goofing off', that someone is concerned about paying the rent, managing to buy groceries and borrowing money off of credit cards to pay the bill, and during the 'goofing off' people dont sit by on a bench and think..."hmm...what will happen when I file my 485 and will this 'goofing off' hurt me at the time".
Hey, take it easy big guy/gal.
You are acting as if instead of being gainfully employed, he was sitting around and playing golf or something and that put him out of status.
Go easy on the judging part, coz you could be goofing off for a while too and if you are goofing off for a while, its not like after a week of goofing off, you are going to throw in the towel and take the next plane back home. In a country that has employed and harbored 11 million illegals, who dont even have a passport, those who are legally present and 'goofing off' for a while between 2 legitimate jobs that require excrutiating process of h1 sponsorship are the least of anyone's problems. In fact, the section 245(k) says that it is OK to goof off as long as goofing off is less than 180 days. And if the goofing off was before your last entry into usa, it doesnt even matter, regardless of whether it was less than 180 or more than 180 days. If US CONGRESS legitimizes, who are you to be the bigger judge.
IF the economy tanks, then a lot of us will be 'goofing off' in 2008 and 2009.
When someone is 'goofing off', that someone is concerned about paying the rent, managing to buy groceries and borrowing money off of credit cards to pay the bill, and during the 'goofing off' people dont sit by on a bench and think..."hmm...what will happen when I file my 485 and will this 'goofing off' hurt me at the time".
more...
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thomachan72
07-30 11:51 AM
LOL.
The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.
Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.
Very well said!!! But I have a feeling that the present generation (I mean ages less than 20) are more distant from religion/religious texts/religios leader/ or even the concept of God than we are/were. Well I dont know a lot among this group but atleast the ones that we meet in India/us seem to be least interested in God / religious talks compared to Ipod/iphone/ps3. Hopefully technology and prosperity will help buffer the rigid often disilusioned teachings of religions or atleast lead the future generations to a common religion/god/gods rather than the present kabillion varieties.
The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.
Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.
Very well said!!! But I have a feeling that the present generation (I mean ages less than 20) are more distant from religion/religious texts/religios leader/ or even the concept of God than we are/were. Well I dont know a lot among this group but atleast the ones that we meet in India/us seem to be least interested in God / religious talks compared to Ipod/iphone/ps3. Hopefully technology and prosperity will help buffer the rigid often disilusioned teachings of religions or atleast lead the future generations to a common religion/god/gods rather than the present kabillion varieties.
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GreenMe
06-10 04:27 PM
Done and sent out to 10 other friends.
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485Mbe4001
07-11 03:35 PM
thanks. now wonder EB3 -I is screwed. I just need to apply in EB2.
Previously, the policy was that all worldwide numbers would fall down into worldwide third and then from there, fall across to the countries impacted by retrogression (i.e. India, China). The policy was recently clarified and today the unused numbers are allocated within the same preference classification.
Previously, the policy was that all worldwide numbers would fall down into worldwide third and then from there, fall across to the countries impacted by retrogression (i.e. India, China). The policy was recently clarified and today the unused numbers are allocated within the same preference classification.
GC_ASP
03-18 05:45 PM
Please see the last sentece which says "Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country".
When they use this spill over, only PD is imp not the country.
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
When they use this spill over, only PD is imp not the country.
If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:
prince_waiting
09-26 10:06 AM
Respected Editor,
Please allow me to being a glaring error in the concerned article. The rally organized by highly skilled legal immigrants in Washington D.C. on the 18th of September 2007 was not for increase in H1B visa numbers. The high skilled immigrant community was protesting against unfair backlogs in the employment based immigration categories. Currently applicants in some categories are facing a wait time of about 8-10 years if they are from a certain country. Applicants with higher degrees (Masters and Doctorate) from US universities are also a part of this backlog. Always illegal immigration overshadows legal immigration on any forum in the immigartion debate and this group of protesters were trying to bring the hihg skilled legal immigration issue into limelight . When countries like Australia,England,New Zealand, Canada and even Ireland are making high skilled immigration easier, the US has not updated its immigration laws in the high skilled sector for the past 20 years. Also with the booming economies of China and India needing more highly skilled workers the competition for talent is hotting up by the day.
CNN being a responsible and influential media house should highlight the issue of high skilled immigration and not skew the facts.
Please allow me to being a glaring error in the concerned article. The rally organized by highly skilled legal immigrants in Washington D.C. on the 18th of September 2007 was not for increase in H1B visa numbers. The high skilled immigrant community was protesting against unfair backlogs in the employment based immigration categories. Currently applicants in some categories are facing a wait time of about 8-10 years if they are from a certain country. Applicants with higher degrees (Masters and Doctorate) from US universities are also a part of this backlog. Always illegal immigration overshadows legal immigration on any forum in the immigartion debate and this group of protesters were trying to bring the hihg skilled legal immigration issue into limelight . When countries like Australia,England,New Zealand, Canada and even Ireland are making high skilled immigration easier, the US has not updated its immigration laws in the high skilled sector for the past 20 years. Also with the booming economies of China and India needing more highly skilled workers the competition for talent is hotting up by the day.
CNN being a responsible and influential media house should highlight the issue of high skilled immigration and not skew the facts.
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