Sunday, June 12, 2011

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  • rameshvaid
    08-16 12:40 PM
    When I went for H1B stamping my B1 was cancelled and I was told one can not have more than one visa at the same time.

    You might be right but my son is with me as of today on the same old B1. H1 might be a different scenario.





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  • gsrmurthy
    11-22 12:51 AM
    >I have a confusion. My H1 stamp on passport is expired but I have valid H1 >document untill December 2008. Can I go for stamping with valid H1 document?

    If you have a valid I-797 document that shows the validity of your H1B visa, I believe you should not have a problem. Also,check with your lawyer about the same.

    Since your I-485 will not get processed until your priority date is current, Once your wife is here on H4B, can you apply for her EAD? I'm in same boat as you but not yet married.





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  • radhagd
    04-02 09:26 AM
    I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.


    If you want to keep EB3 PD, the best option in your case is withdraw your EB2 140 and ask your company to file EB3 140, once it is approved, make sure you get a copy of approved I140. Find another company who is willing to do EB2 GC,file Labour. Upon approval of that Labour file EB2 140 requesting recapturing of EB3 PD. To be on safe side do not join the new company until you get Eb2 140 approved and join later at your conveniance.





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  • peer123
    06-11 07:01 PM
    Change the title fool.. lot of ppl are waiting for this.. they might think it's OUT

    Be friendly.... Be Free... encourage people with positive words..



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  • pappu
    05-27 02:52 PM
    sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.

    Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.

    From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
    Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.





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  • gc_chahiye
    09-20 05:55 PM
    The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

    I dont understand the reason of why they want to accept when current only ?


    because the law says so:

    From the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.


    This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.



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  • cygent
    04-01 07:43 PM
    Thanks,

    Ok, let me put it this way.

    Is the any advantage (or not), filing 140 1st, and lets say your PD is already current, file AOS later. I.E. file them Separately, not in the same packet.

    So in this scenario, is the any difference vs. filing concurrently or not?





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  • mmanurker
    05-22 03:00 PM
    Thanks for your Reply.
    My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?

    pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
    Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.

    can you pls reveal the name of your employer?



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  • hydboy77
    11-17 06:51 PM
    As a student who came here myself and understand the huge investment they have to make to come here to study in US, I fell sorry for these students and there parents. With the draconian restrictions imposed by uscis and certain senators many of these kids will not have an oportunity to work in US. I am not sure how they will be able to repay the huge loans they are taking to pay the fees to US universities





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  • indyanguy
    06-07 03:08 PM
    I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.

    Should I send the EAD renewal to NSC or CSC??

    Please let me know.



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  • virtual55
    04-18 09:02 AM
    if you have both H1B and EAD they both are valid work authorizations and you can work with both of them as long as they are valid and AILA thinks that we can moonlight with EAD while working on H1B and they asked the same question to USCIS and also there is no way for USCIS to track if you are working on H1B and EAD as far I know.

    But here is the key point when one uses EAD uscis doesnt outright know what status he is in as he just signs I-9 form which is just with employer. so weigh your options but to be safe once taking up EAD means done with H1b





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  • Appu
    11-15 11:32 AM
    Anyone in Nashville? What can I do from Nashville?



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  • subarashi_indo
    11-30 08:32 AM
    I have a passport expiry and new visa stamping conflict. My last visa stamping expired on Oct 01, 2009. And my current (Indian)passport expiration date is July 04, 2011. Also, my H1b approval is under the transfer process (so I don't have the new I-797 as yet). I'm planning to travel to India sometime in January, expecting the new H1b approval soon now.

    Should i get my passport renewed here before leaving for India ? I'm worried if they will give me a new passport valid only for a year as a note on the website says "A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. There is no fee for extension of validity of passport."

    Since my last visa stamping has expired and I will soon have a new H1B, if i go for a new visa stamping, will I be given a visa with validity until my passport expiry ? Or, I can get my passport renewed in India and then go for the stamping? I'm afraid I may not have enough days to squeeze in both when I visit. Or, if i get my passport renewed here, are they going to give me a new passport only valid for a year since I don't have any valid visa stamping but a valid I797?
    Please advise.
    Thank you.





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  • ivar
    04-29 09:43 AM
    when u file for the new 140..u are supposed to send in theold approved 140 and request for porting.. thats how my attorney did..

    finally i got the 140 from my employer..and my date was ported successfully..so its all good.

    Happy to know that you got your I-140 approved with old priority date. Is there any link or formal document which suggest that we can file new I-140 along with a copy of old I-140 to retain older priority date. My attorney doesn't agree to this, he says that we need to get the new I-140 approved first and than file for porting the date seperately. If there is any link or document which can suggest that we can file new I-140 with copy of older approved I-140 it will be of great help. I appreciate your reply to my post.

    Thank you.



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  • obviously
    05-08 11:08 PM
    Your post deserves to be deleted. You seem to lose sight of the real issue and instead resort to preaching from the relative anonymity of your digital pulpit. There are families that are worse off for having ITIN and unable to get an economic stimulus check that is intended to help kick start the economy NOW. Preaching that they can submit an ammended return sometime in the future is a moot point. Catch the irony? Economic stimulus is to help the economy now. Now. Now. Let's try that 3 more times.





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  • sprash
    03-02 05:09 PM
    ok, here is the story:
    http://marketplace.publicradio.org/display/web/2009/03/02/foreign_tech/



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  • krishmunn
    02-09 07:12 PM
    If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).

    Do you have a legal reference for the > 50 miles rule ? In my case it is just 10 miles (moved from one town to next town). So I guess I am fine ?





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  • jgh_res
    06-22 11:54 AM
    Dude. Filling up forms is not a one time job and not 100% accurate the first time. U will make changes right???

    Fill up the data. Take the print. Scan the print. Thats it.





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  • senthil1
    12-05 05:44 PM
    No difference this year. This year most H1bs will go to Indian consulting companies as they will process and keep them in India. Also many US Master degree graduates will pay money to consulting companies and get H1b though there will be no new jobs. Only US companies like Intel,Google will reduce/stop hiring H1b and non H1b.

    I think H1b will last more month this time than past 3 years. And lawmakers will think its not right time to increase.

    I spoke to 1-2 relatives who are having consulting business and they told me they are reducing work force.. ( Not lay off but not interested to hire more and more h1b in this slow economy ) ....





    rp0lol
    04-13 01:29 PM
    Congratulations.. Keep supporing IV in future.





    bluez25
    08-23 01:38 PM
    Guys.. please look at this story. this guy's case was assigned to an officer who was no more with USCIS and got stuck for almost more than years......

    http://www.immigrationportal.com/showthread.php?t=261980


    Finally got his case approved after several calls to USCIS...


    Please stay on top of you case and make sure it is not put in a dead box like that....

    Good Luck guys



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