ilwaiting
04-12 08:45 AM
1st - Apply your PERM labor ASAP. If you are luckly and labor comes thru quickly before Dec'07 you could apply for 140 in Premium processing and once 140 is approved you would be eligible for 3yrs H1b extension irrespective when your labor was filed
2nd - If your labor does not comes thru quickly you should try to recapture time lost on H1 when you were out of the country in the last 6 yrs. i.e Time spent out side US(vacation or business trips) can be recaptured. This might give you the 1 year required since labor so that you could file your H1b extension later.
Contact a good attroney.
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.
Thanks!
Keith
2nd - If your labor does not comes thru quickly you should try to recapture time lost on H1 when you were out of the country in the last 6 yrs. i.e Time spent out side US(vacation or business trips) can be recaptured. This might give you the 1 year required since labor so that you could file your H1b extension later.
Contact a good attroney.
Hi,
I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!
I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.
Thanks!
Keith
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gcdreamer05
01-05 04:35 PM
Hi there,
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
I need your advise - have an issue with travel back to the US.
My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.
I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.
Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.
I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....
Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.
This is very tricky, there is only one solution.
You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.
Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.
If you had already known about this, why did you make the mistake of sending her abroad....
pt326bc
09-28 09:03 AM
It is possible that the employer may sue you. But since you would be finding a new job, you can always ask your new employer to give you a sign-on bonus which will be equal to or greater than the expenses demanded by your present employer.
Thats my 2 cents worth.
You say your employer is paying you very little. Is it the same as what is mentioned in Labor Cert or your H1 petition?
If that is the case you could actually contact DOL/USCIS and report him for fraud. This also involved some risk on your part if your current pay is less than what is mentioned on H1 petition.
Alternatively if you get better pay with your new employer then you could use that to pay your current employer (wouldn't be more than $5000 if you are paying him the going rate for GC). Would be a lot less hassle that way.
Anyway most people pay for their green card procesing out of their own pocket. So don't think of the employer paying your GC as free lunch :)
Regards.
Thats my 2 cents worth.
You say your employer is paying you very little. Is it the same as what is mentioned in Labor Cert or your H1 petition?
If that is the case you could actually contact DOL/USCIS and report him for fraud. This also involved some risk on your part if your current pay is less than what is mentioned on H1 petition.
Alternatively if you get better pay with your new employer then you could use that to pay your current employer (wouldn't be more than $5000 if you are paying him the going rate for GC). Would be a lot less hassle that way.
Anyway most people pay for their green card procesing out of their own pocket. So don't think of the employer paying your GC as free lunch :)
Regards.
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rick_rajvanshi
09-12 01:44 AM
Hi Friends,
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.
Please read the below query and post any information you have. Thanks in advance for your help !
I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October
My current H1 VISA is valid until Nov 2006.
I am planning to get restmped based on my new H1 petition valid until Sep 2008.
The problem here is that my passport is valid only until Dec 2007.
In this case Can I get the new VISA stamped until Sep 2008?
On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"
Please post your valuable replies.
Regards,
Krishna.
Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.
more...
webr
09-07 06:41 PM
Has anyone applied FAFSA or Stafford loan with Parolee status ? , I am planning to apply for my online degree. I have H1B ,but using AP to reenter.
chantu
01-15 11:16 AM
I have one question that I will post here. I do not want to open a new thread.
I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".
Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".
I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.
Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??
Thanks.
I am inviting my in-laws and I filled their DS156 forms online. After filling everything, it generated the pdf file of DS156. In that pdf file, there is one section in upper right hand corner called "DO NOT WRITE IN THIS SPACE". Under that section there is a line (fill in the blanks type) starting with "On ______ by _____ under section 214(b) 221(g) ".
Now after generating the pdf, the appointment date was automatically put into this section. Example: "On 01 January 2009 by ......".
I am worried why they put the date there and the date was not there when I took appointment for my parents. I also checked my collegues parents DS156, and the date was still not there. It is Mumbai consulate.
Can somebody please confirm if they had similar experience and they got their parent's or in-laws visa granted??
Thanks.
more...
tinamatthew
07-16 02:10 PM
Today, I spoke to a USCI Agent and his supervisor at NSC about my case..
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
Hmmmm .. what number did you call? I have a few questions I would like to ask them
I quizzed them about July 2007 revised visa bulletin etc.
He looked around, checked it for like 10 minutes and said HE DOESN'T HAVE
ANY MEMO. All he said that he has this MEMO which states that July 2007 (original) bulletin ..based on that EB1-3 for all countries are current.
:-) May be NSC approves application :-) as practically NO ONE can stop them..
Again this is based on my call to actual live human being at NSC..
Hmmmm .. what number did you call? I have a few questions I would like to ask them
2010 Meagan Fox (efore and after
deardar
07-18 09:35 AM
I pray that all the folks of the CORE team would get their I-485 approved and their GC in hand before I get mine.
more...
smmakani
04-11 07:19 PM
I think you need to apply for a labour certification a year before a completion of 6 year of H1 period for 7th year extension but in perm you get labour certified within 2 months. Even if you start now you can get your labour and I140 (in premium processing) done before DEC. After then you can leave back to home country and still continue the process as future emplyoment.
I don't know if you become eligible for 7th year extension.
I don't know if you become eligible for 7th year extension.
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yabadaba
07-22 03:37 AM
Please vote and provide details if the answer is yes
more...
gbof
02-24 01:42 PM
He has a great array of batting records...
Some I can think of are..
Second highest number of ODIs ( 2 more to equal S.Jayasuria)
Second highest number of tests ( 2 more to equal S.Waugh)
Most runs in ODIs, Tests.
Highest individual score in ODI.
Most number of centuries in ODI, Tests
Most number of 50s in ODIs.
The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!
Congratulations, Sachin!
One more thing, He CARRIED THE BAT through...congrats
Some I can think of are..
Second highest number of ODIs ( 2 more to equal S.Jayasuria)
Second highest number of tests ( 2 more to equal S.Waugh)
Most runs in ODIs, Tests.
Highest individual score in ODI.
Most number of centuries in ODI, Tests
Most number of 50s in ODIs.
The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!
Congratulations, Sachin!
One more thing, He CARRIED THE BAT through...congrats
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rockstart
08-11 09:25 AM
EB2 I PD 02/27/2006
I 140 Approved Nov 2006
RD for I 485: 08/10/2007
I 140 Approved Nov 2006
RD for I 485: 08/10/2007
more...
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Cloakendagger
06-15 12:39 PM
Lerm,
I would be willing to work with you. Check out this site I designed for a Lan group.
www.shellshocklan.com
Nevermind the chatter on the site, its nothing.
I would be willing to work with you. Check out this site I designed for a Lan group.
www.shellshocklan.com
Nevermind the chatter on the site, its nothing.
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hibworker
03-15 01:16 PM
EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.
What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?
Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.
1. Make sure that your new company's HR and lawyer are comfortable in supporting the fact that new job is same or similar to old job. It is a grey area and you can be the best judge on it.
2. When you join the new employer ask their attorney to send AC-21 letter to USCIS indicating that you have moved to a same or similar job based on AC-21 porting.
3. Filing for H1 or EAD is a personal choice - as far as GC processing goes I don't see a difference in using either.
4. If they are willing and and the position qualifies you to file EB-2 and port PD- sure go ahead.
more...
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jetflyer
06-11 01:24 PM
Also depends what is the compensation for the position. As what I see normally (applies to contracting only) any job under $50/hr goes unfilled or takes longer but jobs with $80-$100 gets filled in 2-3 days and creates shortage for those.
May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D
May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D
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vdokka
09-12 09:59 AM
Hi Raj,
Thanks for your reply !
I appreciate your help.
Regards,
Krishna.
Thanks for your reply !
I appreciate your help.
Regards,
Krishna.
more...
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ronhira
02-19 07:40 PM
This website seems to have some viruses or spywre be cautious when you open
y u r scaring everyone into not visiting Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)...... i visited the site many times & there was no virus...... u can hide but u cannot run from anti immigrants...... ever heard of Godzilla principle...... face the reality now to fight it or face the Godzilla later......
y u r scaring everyone into not visiting Life of an I.T. Grunt | Notes From The Trenches of Software Development. (http://www.)...... i visited the site many times & there was no virus...... u can hide but u cannot run from anti immigrants...... ever heard of Godzilla principle...... face the reality now to fight it or face the Godzilla later......
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desi3933
02-23 11:13 AM
....
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
....
- visa in passport is originally stamped for Oct 2009 when I came from India, and I have my new I797 with validity date as Apr 2011. Do I still have I797 as valid even if I'm laid off?
....
Employer is required, by law, to notify USCIS when H1 employee is terminated (8 CFR Section 214.2 h.11). In that case, the H1 petition is canceled. Employer needs to make fresh H1 petition to rehire employee. However, in most cases, H1 will be cap exempt.
______________________
Not a legal advice.
US citizen of Indian origin
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lavanyamohan
03-16 11:08 AM
Thanks for your info ISUK.
I had my educational credentials evaluated last year and I missed last years quota in lottery. Can I use that for applying this years H1B or DO I need to get educational credentials evaluated again??
THE ONLY THING that takes time is evaluation part of educational credentials.
experts please answer
I had my educational credentials evaluated last year and I missed last years quota in lottery. Can I use that for applying this years H1B or DO I need to get educational credentials evaluated again??
THE ONLY THING that takes time is evaluation part of educational credentials.
experts please answer
coopheal
12-02 03:34 PM
Bump
clockwork
07-18 05:41 PM
just emailed... it should have 4 pdf files.
Done buddy. Please look at my previous post. Thanks for sharing info. :)
Done buddy. Please look at my previous post. Thanks for sharing info. :)
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