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auvrm
05-28 12:57 AM
Hi,
I'm in H1b since March 2006 and it Expired in March 2009. Got extension Until Sept 2009 Only (as per RFE and client information).
( I'm about to deliver a baby in Oct 2009, so I need to be in the country atleast until Dec 2009)
1) If my further extension were to be denied (touch wood), say that decision was made by USCIS in Nov 2009,
Can I do COS ( change of status) to F2 or B2 visitor once I came to know about the denial?
or
Do I need to initiate a COS when the case is pending?
or
Do I need to initiate a COS when I have a valid status, say in Aug 2009 itself?
2) Assuming, I do COS successfully from H1b to F1 ( say in Oct 2009)
Then, in Feb 2010 would I be able to get back to H1 again with the same or different employer? without needing to wait for Apr 2010 quota to open?
3) Also, when a H1b is denied does it mean that the person has to wait to get into another cap? or
can they still apply for H1b year round as they are already counted in Cap sometime before?
I'm in H1b since March 2006 and it Expired in March 2009. Got extension Until Sept 2009 Only (as per RFE and client information).
( I'm about to deliver a baby in Oct 2009, so I need to be in the country atleast until Dec 2009)
1) If my further extension were to be denied (touch wood), say that decision was made by USCIS in Nov 2009,
Can I do COS ( change of status) to F2 or B2 visitor once I came to know about the denial?
or
Do I need to initiate a COS when the case is pending?
or
Do I need to initiate a COS when I have a valid status, say in Aug 2009 itself?
2) Assuming, I do COS successfully from H1b to F1 ( say in Oct 2009)
Then, in Feb 2010 would I be able to get back to H1 again with the same or different employer? without needing to wait for Apr 2010 quota to open?
3) Also, when a H1b is denied does it mean that the person has to wait to get into another cap? or
can they still apply for H1b year round as they are already counted in Cap sometime before?
more...
papu
02-17 10:51 AM
I have the following situation.
I got married in June 2009 and my wife had a Business visa and she had travelled once. After our marriage, she travelled on her Business visa again in July for three months till October end 2009.
I have a H1 valid till June mid 2010 and when I tried to process her H4, many people said that, since the duration left in my visa is very less, chances of rejection are higher.
On her Visa, it is written as B1 / B2.
So it would be helpful for me to know, if she can travel on her business visa as a visitor [her visa has B1 / B2]. If she has to travel, does she need a letter from her company or do I have to provide the documents whereby I show that, I can take care of her in US.
If there is any other way, please let me know.
Regards
Jay
I got married in June 2009 and my wife had a Business visa and she had travelled once. After our marriage, she travelled on her Business visa again in July for three months till October end 2009.
I have a H1 valid till June mid 2010 and when I tried to process her H4, many people said that, since the duration left in my visa is very less, chances of rejection are higher.
On her Visa, it is written as B1 / B2.
So it would be helpful for me to know, if she can travel on her business visa as a visitor [her visa has B1 / B2]. If she has to travel, does she need a letter from her company or do I have to provide the documents whereby I show that, I can take care of her in US.
If there is any other way, please let me know.
Regards
Jay
go_guy123
02-15 01:23 PM
Remember, the worse the grade, the more we love 'em. And where's Jeb Bush? He'd definitely get a D-. Thanks NUSA for making it easy for the pro-immigration folks as well.
More... (http://blogs.ilw.com/gregsiskind/2011/02/numbers-usa-grades-2012-presidential-hopefuls.html)
Jeb Bush D-...pro immigrant. I do see Jeb Bush or his son making a presidencial run in future. But they will only be for the CIR folks.
More... (http://blogs.ilw.com/gregsiskind/2011/02/numbers-usa-grades-2012-presidential-hopefuls.html)
Jeb Bush D-...pro immigrant. I do see Jeb Bush or his son making a presidencial run in future. But they will only be for the CIR folks.
more...
Waitnwait
11-07 09:21 PM
I will not suggest you to do anything in DR. They are not really very organized and it take time even to get a DR visa but that just my personal opinion. Consult your lawyer..
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annasttasiaaa
08-26 09:38 AM
My H1B expires in September and was filed under a different company name, but they are a successor in interest. so we were planning on amending the H1B when we file to extend. The problem now is - the beneficiary is in a new position AND as of September 1, 2009 the company has changed addresses.
A) In filling out the I-129 in Part 2, questions 2 and 5, what are the appropriate boxes to check?
I am afraid if we amend the current application, it won't also be extended and he will fall out of status.
part 2 Q 2asks " basic for classification" such as
1- new employment
2-continuance of previous approved employment
3-change in previously approved employment
4-new concurrent employment
5-change of employer
6- amended petition
B) Also, what documents, other than what we have, should be included in the filing?
We will file a new LCA with all updated information once we receive a certification of the current LCA and then withdraw it.
A) In filling out the I-129 in Part 2, questions 2 and 5, what are the appropriate boxes to check?
I am afraid if we amend the current application, it won't also be extended and he will fall out of status.
part 2 Q 2asks " basic for classification" such as
1- new employment
2-continuance of previous approved employment
3-change in previously approved employment
4-new concurrent employment
5-change of employer
6- amended petition
B) Also, what documents, other than what we have, should be included in the filing?
We will file a new LCA with all updated information once we receive a certification of the current LCA and then withdraw it.
more...
Blog Feeds
05-06 11:20 PM
Indian-born Renu Khator is the president of the University of Houston and the first Indian immigrant to head a major research university. Khator received a Ph.D. in political science and public administration from Purdue University and then went on to spend 20 years rising through the administration ranks at the University of South Florida. She assumed the University of Houston position in January 2008.
More... (http://blogs.ilw.com/gregsiskind/2009/05/immigrant-of-the-day-renu-khator-university-president.html)
More... (http://blogs.ilw.com/gregsiskind/2009/05/immigrant-of-the-day-renu-khator-university-president.html)
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smaram1
08-15 11:55 AM
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
more...
bkarnik
04-02 05:11 PM
A friend of mine was recently stuck in administrative processing from November till March 13th (he was informed about the approval on March 18th) a total timeframe of 5 months. He reached the US on March 22nd and was admitted on H1 without any issues.
He sent me the following facebook link which list at least 200 such cases of similar souls.
"Here is a link to Facebook group on visa delay the kind I had. There is a spreadsheet which lists a sample of 200 cases since Nov.
http://www.facebook.com/reqs.php#/group.php?gid=50933335266
Please be aware of it."
Not sure if this has been listed before, but thought members would like to know about it.
BKarnik
He sent me the following facebook link which list at least 200 such cases of similar souls.
"Here is a link to Facebook group on visa delay the kind I had. There is a spreadsheet which lists a sample of 200 cases since Nov.
http://www.facebook.com/reqs.php#/group.php?gid=50933335266
Please be aware of it."
Not sure if this has been listed before, but thought members would like to know about it.
BKarnik
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MA001
10-30 04:35 PM
For some who are not familiar with this term see this: http://en.wikipedia.org/wiki/Google_bomb
When we do Google searching for word �immigration� Google engine will present the results based on page ranking. Can we do the following:
1. Create a page in Immigration voice that indicates clearly �retrogression issues�
2. Then we �users� can try to sort of �market� it so that this page becomes most hit page, and becomes first few pages that shows up on top in Google search.
I hope I am able to express myself. Comments please.
When we do Google searching for word �immigration� Google engine will present the results based on page ranking. Can we do the following:
1. Create a page in Immigration voice that indicates clearly �retrogression issues�
2. Then we �users� can try to sort of �market� it so that this page becomes most hit page, and becomes first few pages that shows up on top in Google search.
I hope I am able to express myself. Comments please.
more...
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mayhemt
09-21 10:28 AM
Here's my case
(EB3-I I485 filed & pending, got married after July 2007 episode and missed filing I485 for my wife.)
So, cannot use EAD during these transitions and continuing H1 filings & extensions...
My current H1b is expiring on Sep 30 2010, I 94 expires on Oct 09 2010 (I know the officer at DFW POE was kind enough to give expiry 10 days beyond petition exp date).
My current company filed for normal extension during 3rd week of Sep 2010.
Now I got job offer from another employer, who wants me to join from 11 Oct 2010 or I can ask them to advance joining date to 06 Oct 2010 (to rule out the possibility of being out of status). They are ready to do H1B premium. (They claim their track record is good, & they get very minimal denials)
Did anyone face this situation?
Also, once the new employer's H1B is filed, does it come with I-94 cards in the petition notice? (If not, I would have to go out & get stamped, don't I?)
(EB3-I I485 filed & pending, got married after July 2007 episode and missed filing I485 for my wife.)
So, cannot use EAD during these transitions and continuing H1 filings & extensions...
My current H1b is expiring on Sep 30 2010, I 94 expires on Oct 09 2010 (I know the officer at DFW POE was kind enough to give expiry 10 days beyond petition exp date).
My current company filed for normal extension during 3rd week of Sep 2010.
Now I got job offer from another employer, who wants me to join from 11 Oct 2010 or I can ask them to advance joining date to 06 Oct 2010 (to rule out the possibility of being out of status). They are ready to do H1B premium. (They claim their track record is good, & they get very minimal denials)
Did anyone face this situation?
Also, once the new employer's H1B is filed, does it come with I-94 cards in the petition notice? (If not, I would have to go out & get stamped, don't I?)
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iad2ead
10-27 04:38 AM
Does Lawyer receives AP and sends it to us OR does applicants receive it?
I haven't received AP yet. got EAD/FP/notices.
cheers
Iad
I haven't received AP yet. got EAD/FP/notices.
cheers
Iad
more...
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SGP
04-01 01:47 PM
$$$$$$$$$$$$$$$GOOD AFTERNOON GC$$$$$$$$$$$$$$$$
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.
As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.
Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative
As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.
The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
-------------------------------------------------------------------------------------------------
What can you do to participate?
1) Vote on the poll/survey created by Pappu.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated
2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.
I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)
3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.
Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.
Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)
Immigration Wiki -
I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)
------------------------------------------------------------------------------------------------
PM these members for additional info:
nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
------------------------------------------------------------------------------------------------
Deadline = April 30th, 2011
Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
Actions - 1) Vote on survey.
2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")
This is a supporting thread to the "Want to File I-485 without Current Priority Date? Gather here" thread started by pappu.
As suggested by pappu/starsun, this supporting thread provides impacted members with additional information and tools to help the initiative.
Visit Immigration Voice Wiki (http://immigrationvoice.org/wiki/index.php/Employment_Based_Green_Card#Process_.28EB1.2C_EB2. 2C_and_EB3.29) - for overview of Employment Based - Green Card process
Visit I485 Filing w/o current PD Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date) - for overview of this initiative
As pappu stated in the first post of the above referenced thread - some of the ongoing efforts include finding how many IV members would get benefit from such a provision and get basic details such as username/Priority Date of impacted members. Future action items might include drafting documents and letters to support this provision. There maybe actions such as sending emails etc. However we would not be able to open a public action item unless we can have thousands of our members willing to participate in a grassroots action item. This survey intends to understand the needs of our membership for this provision and collect grassroots information.
The fact is we have a dedicated group of volunteers (and we need more) who have been trying their best to spread the message about this initiative so that a strong grass-roots support can be created leading up to launch of the public action items. So far we have around 1100 people who have responded. Based on quick calculations carried out using PERM data, it is estimated that there are at least 60K-70K EB applicants waiting to file I-485/EAD/AP (this is a very conservative estimate..the actual number could be much more). Grass-roots initiatives require time and patience and we request maximum number of impacted folks to participate actively.
-------------------------------------------------------------------------------------------------
What can you do to participate?
1) Vote on the poll/survey created by Pappu.
http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html
Then please send an email to ivcoordinator@gmail.com (starsun) with subject - "I485 filing without current PD - Impacted Member". Include your a) IV username b) Email address c) Phone #, d) State of Residence e) Priority Date - so that grassroot efforts can be coordinated
2) Print out below Flier and circulate at all asian/indian malls/groceries/theaters. Forward the flier to your friends/co-workers and ask them to do the same.
I485 Filing Initiative Flier (http://immigrationvoice.org/wiki/images/a/a8/Flier_I485_latest2.pdf)
3) Volunteers have created a facebook community and an Immigration Voice WIKI page to spread the message about this initiative. Please circulate these links among your friends/co-workers who will be helped.
Please "Share" and "Link" and "send to friend" the facebook community via your Facebook account. Also include these two links when you post on the IV forum.
Facebook - IV I485 filing w/o current PD initiative community (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Just FYI that you might have to be logged in for the above link to direct to the facebook community. Alternately, search for "Immigration Voice Grass-roots Campaigns" to find the community after logging in. Search "Immigration Voice" to go to the IV's main facebook page)
Immigration Wiki -
I485 Filing Initiative - IV Wiki (http://immigrationvoice.org/wiki/index.php/Current_Grass-Roots_Initiative_-_I-485_Filing_without_Current_Priority_Date)
------------------------------------------------------------------------------------------------
PM these members for additional info:
nmdial ; geevikram ; vbkris77 ; ashwin_27 ; snathan
Dedicated members can also join the leaders group: http://groups.google.com/group/485-filing-iv-initiative
------------------------------------------------------------------------------------------------
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andy.thorne
08-02 09:09 AM
I'm not sure, I just read about it online so I thought I'd have a go. I've only been visiting Kirupa for the past couple of days.
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NANO3
11-10 09:59 PM
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senthil1
03-12 08:38 AM
CIR may be passed but may not give much benefit to high skilled community. This article shows that
http://business.rediff.com/report/2009/mar/12/h-1b-visa-curbs-india-cannot-do-anything-says-menon.htm
The anti-immigration groups seem to be busy with strategic plans to challenge CIR. Hope IV is ready to make a strong case too.
http://www.ilw.com/immigdaily/digest/2009,0312.shtm#comment
http://business.rediff.com/report/2009/mar/12/h-1b-visa-curbs-india-cannot-do-anything-says-menon.htm
The anti-immigration groups seem to be busy with strategic plans to challenge CIR. Hope IV is ready to make a strong case too.
http://www.ilw.com/immigdaily/digest/2009,0312.shtm#comment
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girish.sh
06-14 09:22 PM
Hi
Company A has file for H1B and it got stamped. I came to USA last week and did not join them (Company A) as they were not able to provide me job and were asking me to delay my trip to USA. Now last week monday they (Company A) said they will terminate my visa and will report to USCIS. My new employer has yet not applied for H1B transfer. So i wanted to know how much time do i have left to do it (H1B Trasfer). Suppose Company A filed for visa cancellation on 11th June, Monday. Please let me know if there would be any problem in filing for H1B transfer now as Company A has filed for cancellation before I file for H1B Transfer.
I would appreciate a detiled reply.
Thanks,
Girish
Company A has file for H1B and it got stamped. I came to USA last week and did not join them (Company A) as they were not able to provide me job and were asking me to delay my trip to USA. Now last week monday they (Company A) said they will terminate my visa and will report to USCIS. My new employer has yet not applied for H1B transfer. So i wanted to know how much time do i have left to do it (H1B Trasfer). Suppose Company A filed for visa cancellation on 11th June, Monday. Please let me know if there would be any problem in filing for H1B transfer now as Company A has filed for cancellation before I file for H1B Transfer.
I would appreciate a detiled reply.
Thanks,
Girish
Madhuri
05-27 03:19 PM
What will the answer to the question Current immigration status while filing EAD electonically, i am on EAD rite now and i have never used my advance parole.* Pls help..
In e-file this question is not mandatory, so I guess we can leave it blank in case we have doubt.
In e-file this question is not mandatory, so I guess we can leave it blank in case we have doubt.
cbpds
04-15 02:53 PM
obvious question---why was she denied?
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